Human rights for women: battles of culture and power

In Africa, nongovernmental organizations (NGOs) focussing on human rights have mushroomed during the past 10-15 years, and, with several of these organizations run by and for women, it is possible to find free legal aid for women in almost every capital city. The collapse of the extended family and, thus, the framework for customary law has meant that women are faced with problems of maintenance and widows with problems of inheritance. Customary law and the protection it afforded women and children has also been weakened by a poverty-driven shift in urban areas from a focus on community support to a focus on individual survival. The vacuum left by this change in legal and social structure is being filled by the human rights NGOs. Paradoxically, in the face of such change, a static, communal, and neutral concept of "culture" was held out by African state representatives at the 1993 UN Conference on Human Rights to justify their opposition to the acceptance of the crosscultural legitimacy of human rights, especially for women. While these arguments were being aired at the Conference, African NGOs were vigorously using examples of the marginalization of women to promote the opposite view. The most important aspect of these conflicting views is which group has the most power and resources to voice its interpretation of the situation. With most African countries governed by a dual system of laws, customary law and common or civil law (left over from colonialism), human rights groups are working to instill human rights principles into common law through the ratification of international conventions. Thus, persons in need could be viewed not as victims but as individuals entitled to enforceable and universal rights. Misuse of the term "culture" can marginalize women even as it is being promoted as a protective device for women. A more useful view of culture is as something which transcends traditional boundaries and locates people and institutions in the global community where they are protected by the acknowledgement of their human rights.     

Who Benefits from Production Outcomes? Gendered Production Relations among Climate‐Smart Agriculture Technology Users in Rural Ethiopia

The use of agricultural technologies is generally expected to increase production and household incomes. Gendered disparities in making use of agricultural outcomes could result in inequitable agricultural development. However, too little is known about whether the use of agricultural technologies improves gendered production relations, particularly in the Global South. This study investigates the question of gender‐equitable production relations by drawing on empirical data from women and men smallholders involved in conservation agriculture and small‐scale irrigation schemes in three study areas in Ethiopia. Findings show that the use of agricultural technologies does not improve unequal gendered production relations; rather, gender norms that exist within patriarchal social structures continue to influence production relations in at least three ways. First, societal norms restrict women from asserting their self‐interest in gendered bargaining. Second, there is a customary law in all the study areas that allows men (but not women) to inherit land—thus providing men with better bargaining and decision‐making positions over production outcomes, as they bring land to the marriage. Third, the restricted access of women to rural institutional services further contributes to unequal gendered production relations, as these services support men more than women in the use of agricultural technologies for enhanced production.     

Editorial

This editorial introduces a journal devoted to the issues surrounding women and their rights. As the development debate moves from women's need to their rights and to an understanding of the cultural roots of legal systems and the effects of the mass media in presenting alternative life styles as possibilities, the immense implications of using rights-based language in development emerge. This debate moves women from being the recipients of welfare to a state of empowerment. Women must be afforded individual rights which are linked to community rights. In addition, rights must be granted to women in their public and private domains. The dangers of using a rights-based language to assert women's claims to economic, political, and social equality in economic, political, and social life arise from the reality that the social position of men will usually place men at an advantage with the law. Legal processes which stress dichotomies may fail to improve real social situations. Also, the language of human rights may pit one set of rights (a woman's right to choose abortion) against another (the fetuses' right to live) to women's disadvantage. Areas governed by both customary and civil law pose other difficulties, especially since they require women to understand the law in order to use it. Development efforts which stress rights hope to meet immediate needs and to achieve a strategic end. Nongovernmental organizations can play an important role in asserting and enforcing the freedom of individuals and groups within groups. They can also build capacity at all levels of society and explore linkages between women's economic participation, decision-making within the home, and wider political participation.     

Legal pluralism and the Shari'a: a comparison of Greece and Turkey

The creation of a national and unified legal system was an important aspect of the rise of the modern state and national citizenship. However, this interpretation of legal rationalization has been challenged by sociologists of law such as Eugene Ehrlich (1862–1922) who claimed that this juridical theory of state‐centred law masked the presence of customary laws outside this formal system. In critical theories of the law, legal pluralism is proposed against the idea of legal sovereignty or legal centralism. In this article we explore the implications of the growth of the Shari'a as an example of legal pluralism. We take Turkey and Greece as two interesting but different examples of legal pluralism and consider the implications of these case studies for debates about liberalism, multiculturalism and citizenship in multi‐faith societies.     

Decolonising and decriminalising child marriage in Africa

Child marriages, often attributed to culture and gender inequality, are prevalent across Africa. Several countries have moved to criminalise the practice. At the core of the criminalisation debate are the fundamental tensions between statutory (state) law on the one hand, and religious and customary law on the other. The growing momentum towards punishment, targeted almost invariably at male offenders, is meant to address the conflict between cultural practices that lead to child marriage and the protection of children's rights. However, some countries have not criminalised child marriage. Thus, the outlawry of child marriages is not universal on the continent. The agitation towards criminalisation—I describe this as ‘popular punitvism’ - as a panacea, is animated by Western penological justifications, principally, deterrence. However, Western criminological and penological theories may not fully account for a phenomenon in other social and geographical spaces. The paper argues for decolonising and decriminalising child marriages in Africa but not legalising it.     

Anachronism,Agency, and the Contextualisation of Adat: Van Vollenhoven’s Analyses in Light of Struggles Over Resources

This article discusses the conceptual and analytical contributions of the Dutch scholar Cornelis van Vollenhoven to the study of Indonesian adat law. He argued from a politically inspired concern about gross colonial exploitation in the Dutch East Indies that this was based on flawed understandings of local legal orders. This stimulated him to design a conceptual framework to capture the characteristics of these legal orders, called adat law. His perceptiveness to the distortions caused by using Western legal concepts to describe customary laws was unique for the time, and so was his attention to the various contexts other than in disputes in which adat law was used. This renders his work of importance not only for lawyers but also for social scientists. The article discusses the criticism against his academic work and suggests that despite some major weaknesses, some criticisms are anachronistic as they concerned earlier or later scholars rather than the work of van Vollenhoven himself. The article shows how debates about indigenous rights and the decentralisation policies after the fall of the Soeharto regime have stimulated a renewed interest in adat and adat law. It is argued that van Vollenhoven’s conceptual framework is still of use, but only if it is expanded and set into a broader analysis of migration, exploitation, and power relations.     

The White Man's Burden: Ersatz Customary Law and internal pacification in South Africa1

Abstract In accounting for the recent popularity of ‘indigenous law’ studies in South Africa, this paper traces out the connections between establishment anthropology, the legal basis of the South African state and the application of native law. It details the structure, philosophical origins and scholarly justification for its practice and argues that in the exercise of Apartheid ‘customary law’ can best be seen as an instrument in the practice of what Giddens terms ‘internal pacification’.     

Human Identity: Child Rights and the Legal Framework for Marriage in Nigeria

Colonial English heritage and its interaction with local customs in West Africa have been the subject of much debate. Its impact runs through the fabric of the life of the nation, from religion to sociological and sociolegal frameworks. The tension engaged is most profound within the framework of marriages and its effect on children's rights. Illegitimacy, for instance, as understood in Common Law is a concept unknown to Nigerian customs. In Nigeria, customary law allows and envisages polygamy, and a man's adultery is perceived as “a heroic feat.” This is not so for a woman, translating to a tension on premarital and postdivorce relationships expressed in diverse ways. It is easily verifiable that in Nigeria, births out of marriage are attributable more to the nature of the marriage structure and patriarchy than to juvenile delinquency. For women, this single motherhood is often a question of self-preservation or survival. Although strengthening welfare systems and according equal rights to children seem to have been effective in catering to the welfare of children and reducing the number born out wedlock in some jurisdictions, this approach is likely to yield the opposite result in Nigeria. Recently, retention of the Common Law doctrine of illegitimacy was canvassed as “punishment for the misdeeds of parents,” which seems to indict misconduct in the question of birth out of wedlock in Nigeria. This article examines the validity of this claim in the light of Nigeria's sociolegal milieu vis-a-vis the right of a child to identity, origin, and self-actualization. It concludes that although discrimination may have short-term benefits for a privileged class, equality provides a society with an enduring platform for conversation, dialogue, cohesion, and realization of developmental aspirations. The article proffers recommendations on reform and policy direction that allow for growth of customary law in relation to family and child rights while engaging masculinity in a constructive manner.     

Opposition to gender-sensitive development. Learning to answer back

Opposition to gender-sensitive development policies can arise within the very development agencies charged with implementing the policies. Agencies may maintain that policies on equality for women are unnecessary because development is concerned with improving welfare in general. This can be refuted by referring to the literature which points out that failure to address the specific needs of women means their exclusion from the development process. Agencies may argue that women's equality is a political rather than a developmental issue. This is countered by the fact that the "Forward-Looking Strategies" define women's development, equality, and empowerment as intertwined processes. Agencies may say that promoting women's equality constitutes undue interference in a country's internal affairs. This is wrong because aid programs should not be supported in countries which do not support women's rights. Agencies may claim that they must work within the existing laws and policies of a developing country. This is partly correct, but the point must be limited because policies and laws may be "given," but they are not fixed. An agency may state that they have no business seeking or promoting change in existing social and customary practices. This is wrong where such practices stand in the way of development and because any development project is by definition a social and economic intervention. Agencies may consider their policy on women an inappropriate imposition of Western ideas. This is wrong because international conventions place a concern for women's rights on a level with a concern for human rights. Finally, agencies may maintain that women in developing countries do not desire equality with men. While it may be true that women accept their subordinate position, this does not offset issues of human rights and equal development. Oppressed women may be very silent; given the opportunity, they generally have a great deal to say.     

Silent privatisation of customary land in Zambia: opportunities for a few,challenges for many

The conversion of customary land into leasehold tenure has sparked intense debates in Zambia and beyond. Growing interest in land in the last decade and half has led to a spike in demand for land across Africa, especially land adjacent to major cities, towns and developed infrastructure. This growing demand for land is gradually being directed at customary land, which well-resourced urban and local elites, as well as foreign investors, are converting from customary to private tenure, raising serious questions about the future of customary land in Africa. This paper discusses the emerging dynamics around customary land conversion drawing from a case study conducted in Chongwe and Chibombo districts in Zambia. Evidence gathered in this study suggest that while the conversion of customary land to leasehold tenure is generating opportunities for the urban elite, a few traditional leaders and international investors, it is, at the same time, creating serious challenges for the majority of the people in the local communities.     

Policing “conjugal order”: gender,hybridity and vernacular security in Fiji

ABSTRACT

This article develops a feminist critique of debate on hybrid forms of governance in global politics by demonstrating the gendered implications (and limitations) of hybridized approaches to security provision. The conceptual approach that frames my enquiry puts arguments advancing the benefits of multilayered and hybridized security into dialogue with ethnographic enquiry on “vernacular” security and feminist study of “conjugal order.” I contend that this conceptual approach is particularly productive for examining the gendered policing outcomes that can be produced in environments where vernacular influences – customary and religious – inflect prevailing idioms of security and order. To further defend this claim, I apply this conceptual approach to a case study of gender and policing in Fiji. Although there has been a strong state rhetoric of progressive reform on gender policy in this context, efforts to reform policing have been hamstrung by longstanding customary and religious discourses that emphasize the defense of conjugal norms as foundational to the achievement of order and safety. I show how this scenario has encouraged a practical policing of gender and sexuality that is restrictive for women generally and may expose particular groups of women to direct forms of insecurity and violence.     

Relations between people, relations about things: gendered investment and the case of the Lake Victoria fishery, Tanzania

Using the example of one of the African fisheries that has been most significantly transformed from family based to commercialized—that on Lake Victoria in Tanzania—this article considers the social nexus of decision making and focuses on analyzing women’s place. It is true that women have never been more than a minority in fisheries due to traditional inheritance patterns and new market structures, both of which bypass women in questions of ownership and decision making. We look in vain for fishwives, if this means female fish producers acting with a highly visible degree of economic and social autonomy. There is no vernacular term to identify women who work with fish or those rare women who own fishing vessels. And yet the absence of derogatory representation suggests that there have been few attempts to detract from women who are active in the fishery. Should we thus be aiming at more subtlety in our analytical approaches to fishing relations on Lake Victoria? The article unveils the ways in which women’s relations with fishermen are negotiated and how agreements are reached on behalf of their families. It explores for women’s empowerment via the customary social relations and management arrangements that exist in these riparian communities. The lake fishery has a basis for development, but its potential for the kind of growth that will have returns for future generations rests on an appreciation of how fisher-wives conceive of, and respond to, the opportunities, constraints and risks of investing in this fishery.     

Long-Term Care for Elder Women in Spain: Advances and Limitations

In Spain, elder women are the largest group in need of long-term care. Significant improvements in this issue took place between 2007 and 2011, thanks to the Dependency Law (2006). But severe limitations showed the difficulty of overcoming the historical backwardness of Spanish social policy. This article describes the situation of Spanish people with dependency in activities of daily living. It analyzes changes driven by this law, especially in their impacts on elder women. It assesses the extent to which those changes can alter the traditional model of care. There are three major findings: First, measures promoted by the law have improved the previous situation but are incapable of developing a new model. Care for elders still relies on family, with lack of professionalism, little socialization, and expanding commodification. Second, the current care model is fundamentally detrimental to older women and women caregivers. Third, this kind of model hinders the overcoming of gender inequalities in intrafamily, generational, and social relations.     

LINGERING NUANCES: GENDERED CAREER MOTIVATIONS AND ASPIRATIONS OF FIRST-YEAR LAW STUDENTS

This study examined students' career motivations and aspirations at the beginning of their legal education and after one semester in law school. Interviews with 29 law students within the first few weeks of their first semester revealed interesting differences in women's and men's long-term, but not short-term, career ambitions: notably women had lower expectations for their career trajectories than did men. Work and family concerns also played a role in women's perception of possible career paths and were defined by both women and men as potential barriers to their careers. Follow-up interviews with the same students after their first semester in law school also exposed the different experiences of the law students based mostly on their gender and grades. After one semester of law school and after first-year grades were received, the gendered reactions to their grades provided insight into women's and men's perceptions of viable career options.     

The Impact of Islamic and Customary Laws on Urban form Development in Southwestern Saudi Arabia

Urban form and architecture, whether religious or secular, does not rely only on principles of aesthetics to reflect its essence, but to a great extent reflects a society's religious and social demands. The article reviews Islamic law, shari^cah, and local customary laws, ^curf, and the influence they have had on the structural development of the urban form and architecture of the traditional highland settlements of southwestern Saudi Arabia. Although living conditions in Saudi Arabia are much changed today, the Islamic religion still plays a prominent role in everyday life. The paper argues that the architectural heritage in traditional villages may provide a more satisfactory basis for contemporary community design than the concepts now being implemented since Islamic law continues to influence the organizational characteristics of Saudi settlements. An analysis of physical elements shows how the principles underlying the structure of Islam and the tribal system are pertinent to each settlement's physical development. The conclusion is that the urban form resulted as a response to the Shari^cah and ^cUrf to verify the basic need for defense, climate and the community's social structure.     

A Less Gendered Access to Land? The Impact of Tanzania's New Wave of Land Reform

Contemporary land reforms in sub‐Saharan Africa tend to be evaluated based on the state‐centric reforms of the past, which disadvantaged women. However, this article argues that the new‐wave of land reforms and their decentralised administration institutions and anti‐discriminatory legal frameworks may be different. Based on field research on the implementation of Tanzania's 1999 Land Acts, it identifies an institutional reconfiguration in which the formal institutions are gradually strengthened and the customary institutions slowly changed. This does not in itself pose a threat to women's access to land and some women, who are otherwise often perceived to be weak, are left better‐off. Nevertheless, access to land becomes socially more uneven.     

Not All Laws are Created Equal: Legal Differences in State Non-Discrimination Laws and the Impact of LGBT Employment Protections

In this paper, I study the impact of legal differences in state employment nondiscrimination acts (ENDAs) for gay men and lesbian women on labor market outcomes. Employing a DDD approach, I show that enacting an employment non-discrimination act is associated with increased wages of gay men and decreased employment of lesbian women. If all employment non-discrimination acts are treated as identical, these laws increased the hourly wages of gay men by 2.7% and decreased the employment of lesbian women by 1.7% and their hours worked by 0.7 hours. The results show that the strength of the law can result in heteroge-neous effects of the laws for gay men, but not for lesbian women. ENDAs with both punitive and compensatory damage provisions resulted in smaller wage increases for gay men than ENDAs with only compensatory damage provisions. ENDAs with longer statutes of limitations for complaints increased the employment of gay men, whereas laws with shorter statutes of limitations decreased employment. Based on the estimates from the state-level employment non-discrimination acts, I argue that extending federal protections under Title VII would lead to a small increase in the wages of gay men, but would significantly reduce the employment of lesbian women.     

Paternalised Migrants,Policing and Political Economy: Highveld Colliery Strikes, 1925–49

The study of the terms and mode of application of African customary law in South Africa has generally been neglected both by lawyers and African Studies scholars. In the case of lawyers, there is little interest in a law potentially relevant to seventy per cent of the population ‐ where that seventy per cent is for the most part unable to pay lawyers’ fees (Suttner, 1974a: 189).

In the case of students of African studies, the segregated legal and judicial system may seem of marginal consequence, in the light of the more serious disabilities that people experience through more patently repressive laws, such as those regulating influx control, resettlement, banishment and so forth, let alone laws concerning directly political activities. It would nevertheless be wrong, I shall try to show, to dismiss this area as unimportant or innocuous.

This paper seeks to demonstrate how the special court and legal system set up to deal with civil cases between Africans, contributes ideologically, economically and socially’, to the national oppression of the African people.     

Women's legal knowledge: a case study of Mexican urban dwellers

In Mexico, the nongovernmental organization Sevisio, Desarrollo y Paz, A.C. (SEDEPAC) is helping poor women acquire legal knowledge in an economic climate characterized by the increased feminization of poverty brought about by the Structural Adjustment Program. The Mexican legal system is grounded in a patriarchal tradition, and the codified laws continue to favor men. Women were not granted full citizenship until 1953, and discrimination against women was not addressed in Mexican law until 1974 as the country prepared to host the First UN International Women's Conference. However, legal advances are not being applied in the family or in larger society where men remain in power. Mexico also distinguishes between private law and public law. Because domestic violence falls in the realm of private law, authorities are loathe to follow-up on women's complaints in this area. Since its founding in 1983, SEDEPAC has applied a gender perspective to its activities and programs. SEDEPAC held its first women's legal workshop in 1987 and realized that most poor women have no knowledge of existing laws or their rights, that alternative legal services for women are scarce, that existing laws must be changed, and that the authoritarian and conservative legal system helps maintain cultural stereotypes. Since then, SEDEPAC has held annual workshops, follow-up meetings, and training sessions and has provided counseling. The main topics addressed are women's social conditions; violence and the penal code; civil rights, power, and dependency; women's bodies and reproductive rights; and women's organization and leadership. The workshops use techniques of popular education such as group participation and use of gossip as a communication tool. The workshops have changed participants' lives and led to the formation of an independent Popular Defenders' Coordination.