Feminist Legal Studies (2007) 15:117–119 DOI 10.1007/s10691-006-9044-8

BOOK REVIEW

Fareda Banda, Women: Law and Human Rights, An African perspective, Oxford: Hart Publishing, 2005, xlv and 407 pp., £25.00 (HB), ISBN: 1841131288 The author of this book intends to examine the position of women in Africa, asking in particular what, if any, role law can play in the empowerment of women. As her starting point she accepts at least two crucial issues: firstly that there exists no common position amongst women who call themselves feminists; and secondly that law at the best of times is ‘‘a loaded concept’’ (p. 2) and in the African context in particular is ‘‘plural and complex’’ (p. 2). She aims to expose how law, in its interpretation and application, and more particularly when it addresses custom and/or religion, reinforces womenÕs unequal position. She aims also to reflect on the possible connections between constitutional and international law, human rights norms and local personal laws (p. 3). As reflected in the title, she regards human rights and in particular womenÕs rights as central to her investigation. She explores various human rights instruments (the African Charter on Human and PeoplesÕ Rights, the Covenant on the Elimination of Discrimination Against Women, the African Charter on the Rights and Welfare of the Child and the African Protocol on WomenÕs Rights) with the aim to investigate the issue of the universality of human rights and the issue of gender in the context of Africa. The importance of cultural frameworks and religion and the interaction between the two are raised. She briefly refers to some aspects of the debate between ÔnorthernÕ and ÔsouthernÕ feminists. After a general introduction in chapter 1, the author starts with a chapter on ‘‘Law in Africa’’ in which she briefly traces the development of customary law norms from the early colonial history to postindependence and the present day. She addresses the problem of Ôchoice of lawÕ and indicates how various states respond to it. WomenÕs equality is discussed as well as the constitutional protection of womenÕs rights. In chapter 3 she turns to human rights within the African context. She briefly (maybe somewhat too briefly) considers the debate between the North and the South as well as some feminist

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perspectives on international law before she discusses the various international and African principles and documents. In chapter 4 – the first of two chapters focusing on the family – family law in general, gender equality and human rights are discussed. The author considers the complex debates about the construction of the family in African societies and shows how gender inequality in the family remains on the face of many legal provisions. In the next chapter she addresses the ongoing violence against women because of their position of relative powerlessness in society. She describes womenÕs life experiences as defined in terms of three roles: daughter, wife/ partner, and mother. Her perspective on Ôintersectional discriminationÕ and her observation that certain minorities (amongst others women refugees, disabled and elderly women) are marginalised are interesting. According to the author young women are most vulnerable. In chapter 6, she tackles the still controversial issue of female genital cutting and the relation between this issue and human rights and national legislation. She traces the development of the debates between northern and southern women and notes how ‘‘the more sensitive use of language’’ (p. 245) – referring to female genital cutting rather than female genital mutilation – has contributed to relieving some of the tensions and has resulted in better cooperation. Again lawÕs limits to bring any real change is emphasised – the author asks for an approach that takes womenÕs low status in society into account as well as the relation between society, custom, culture, tradition and religion. In chapter 7, the theme of culture, development and participation is discussed. The author gives an account of some approaches to culture and their relation to human rights before turning to womenÕs socio-economic rights and the right to development. She includes a consideration of womenÕs political participation with reference to some of the relevant international documents and ends this chapter with – much needed – critical reflection on the role of N.G.O.s in Africa. Some of the problems of N.G.O.s include their inadequate recognition of difference and particularity as well as their ignorance of intersectionality. The issue of class in particular is one of concern: most of the people working for N.G.O.s come from wealthy backgrounds in contrast to the women in their constituencies. Hierarchical structures within the N.G.O.s themselves, as well as the problem of their being funded by foreign money and their consequent link with the global political agenda are also identified as causes for concern. In the conclusion she explicitly states that her aim was ‘‘to

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provide a broad overview of the development of womenÕs rights internationally, with a focus on womenÕs rights on the African continent’’ (p. 297). She notes that, although many steps have been taken at the international and regional level, the question remains whether any of these legal reforms have resulted in any material change in womenÕs lives. Like others before her she considers the ‘‘false consciousness’’ created by law and rights and asks whether law, including international human rights law and state laws, is not another ‘‘irrelevance’’ in womenÕs lives (p. 298). She notes that legal development has brought some positive change on certain levels – for example in defining sexual harassment – but continues to ask how to regulate the private sphere, how to translate paper gains into substantive ones. The author urges African women not to repeat the same mistakes of elitism and exclusion of differences made by northern feminists. The book is informative on a general level and could serve as good introduction to anyone who would like to know more about the position of women and their relation to law and human rights in Africa. The author advocates a suitably cautious approach to law and human rights and its ability to address issues of a social nature. She also employs an easy writing style that makes for an enjoyable read. One point of critique is that, because of the general and broad framework, some of the themes are underdeveloped, in particular the critical reflection. Some important issues are discussed too hastily, almost in passing – others are totally absent, for example critical reflections on the various feminist debates, perspectives and theories, and postcolonial perspectives. However, the author might argue that these reflections fall beyond the scope of what she aimed to achieve in the book. As an introductory informative overview of the position of women in Africa and the extent to which law and human rights can improve that position, the book succeeds, but the extent to which it satisfies readers will vary depending on their own backgrounds, perspectives and interests. KARIN VAN MARLE Faculty of Law University of Pretoria Hatfield Pretoria 0002 South Africa E-mail: [email protected]