UNCOVERING REALITY: EXCAVATING WOMEN'S RIGHTS IN AFRICAN FAMILY LAW

Abstract

The purpose of this article is to identify the specific issues which affect African women in the sphere of marriage and family relations within the framework of Articles 15 and 16 of the Convention on the Elimination of all Forms of Discrimination against Women. The discussion requires not only an elaboration of the laws and customs of many African countries but also a general framework in which to understand important concepts such as marriage and the family in Africa. Although it is recognized that Africa is diverse, yet there are major historical processes which are shared by many African states and which have shaped social and economic transformation in Africa. These justify attempting important generalizations about the status of African women at least in the Eastern and Southern African region. The article first elaborates and puts in context concepts such as family, marriage, rights, equality and justice and then provides an overview of the plurality of laws which emanated mainly from colonialism. It then highlights issues specifically relevant to women in the context of customary law and analyses them in terms of the Convention as well as a more general standard of women's interests and the concept of just