Addressing the Tension of Laws in Legal Pluralism: Women’s Rights in Africa

Rebecca Farrar, Stetson University

Abstract

Abstract for Article: Addressing the Tension of Laws in Legal Pluralism: Women’s Rights in Africa By Rebecca Farrar

This Article explores the tensions of law apparent in conflicting approaches to women’s rights in African customary tribal law, constitutional law, and international human rights laws. This Article suggests that effecting changes to improve women’s rights in Africa requires a multi-faceted approach that includes legal reforms as well as grass-roots activism. This Article also applies key principles of organizational behavior theory, including Kurt Lewin’s three stage analysis and force field analysis, to analyze prescriptive approaches that could be utilized in improving African women’s rights.

First, this Article addresses the historical roots of women’s rights in Africa, with reference to and analysis of customary African tribal law. Particular attention is paid to the tension between women’s rights under customary tribal law with their rights under international human rights law. Second, this article explores the tensions of law as evidenced in three prominent cases involving property ownership and burial rights from three different African countries: Magaya v. Magaya (Zimbabwe), Otieno (Kenya) and Bhe (South Africa). The reactions and responses to these cases from the courts, women in the society, tribal elders, the media and human rights groups (both national and international) are discussed. Where legal reforms were suggested as a result of these cases, these legal reforms are addressed. Finally, prescriptive approaches suggested by various legal scholars are analyzed, within the context of change management theories taken from the field of organization behavior theory.