Source: Survey of key African governance stakeholders, November 2016 Gender Today there is consensus around Africa‘s leadership on the imperative to address gender-based disempowerment. Several of the APRM standards deal with this issue explicitly. The picture emerging from the CRRs is one of marginalisation, often stemming from cultural biases and practices. 29 Cultural determinants of discrimination against women, including inherited stereotypes passed down through tradition, are part of society‘s widely-held conceptual framework and, almost by definition, require a persistent effort over a long duration to overcome.30 One of the more extreme expressions of women marginalisation in society is domestic violence. This is mentioned in a number of CRRs.31 This is an extensive problem, and is closely associated in many societies with patriarchal views concerning the role of men as heads of households, and their supposed right to exercise authority over women. Women in poorer circumstances and with less education tend to be particularly vulnerable, in part because they lack the resources and opportunities to leave abusive relationships.32 Studies in South Africa point to the underreporting of domestic violence, and the mixed success of the law enforcement and justice systems in addressing it, highlighting administrative obstacles.33 In addition to their subordinate position in society, there remain some elements of formal, legal discrimination against women. The examples cited are numerous. For example, in Sierra Leone, women cannot pass their citizenship to foreign husbands, but husbands can do so to their foreign wives.34 In Algeria, aspects of the Family Code are criticised by some stakeholders for failing to accord true equality to women. 35 In Zambia, some discrimination is permitted against women in the country‘s constitution (‗on matters of personal law, customary law, inheritance and devolution of property‘).36 The Kenya CRR notes that inheritance law favours males37 – although the 2010 constitution entrenches gender equality in all spheres, with some exception being made for Islamic courts. 38 Finally, the Uganda CRR notes that the Land Act of 1998 denies women ownership rights over land, which ―affects their right to enjoy equality before the law.‖ 39 While inheritance is a seminal route to property ownership, fourteen countries across Africa maintain discriminatory inheritance regimes.40 The African Gender Equality Index is a particularly useful reference point here and helps to put APRM findings in perspective. Noting that while formal commitments to the principle of gender equality are commonplace in Africa (both in national constitutions and international commitments), there remain many glaring exceptions: Exceptions to the principle of non-discrimination are widespread in African constitutions and legislation. In areas such as marital property, inheritance, land ownership and labour, women are treated as less than full citizens. There are 9 countries where a married woman cannot apply for a passport in the same way as her husband, and 15 where a married woman does not have full freedom to choose where to live. In 35 countries, married women are obliged by law to obey their husbands. Formal laws are reinforced, or in some cases undermined, by traditional practices and cultural norms that keep women subordinate to men. Customary rules governing marriage, inheritance and property ownership are often formally exempted from non-discrimination provisions in national constitutions. As a result, women‘s participation in society and the economy continues to be mediated in important ways by their husbands and fathers.41 29 30 31 32 33 34 35 36 37 38 39 40 41 Ghana CRR, pp. 27, 117; Nigeria CRR, p. 118; Tanzania CRR, p. 101; Lesotho CRR, p. 82; Mozambique CRR, pp. 133, 134; Sierra Leone CRR, p. 351. UNDP, African Human Development Report 2016: accelerating gender equality and women‟s empowerment in Africa (New York, 2016), p. 100. Ghana CRR, p. 37; Uganda CRR, p. 102; Lesotho CRR, p. 86; Mozambique CRR, pp. 135-36; Zambia CRR, p. 85. See True J, „The political economy of violence against women in Africa‟, Open Society Initiative for Southern Africa, 30 March 2015. Vetten L, Domestic violence in South Africa, Institute for Security Studies Policy Brief 71, November 2014. Sierra Leone CRR, p. 352. Algeria CRR, pp. 106-107. Zambia CRR, p. 120. Kenya CRR, p. 235. Republic of Kenya, Constitution of Kenya, 2010, Sec. 24 (4) Uganda CRR, p. 77. World Bank, Women, business and the law 2016: getting to equal (Washington DC, 2015) p. 13. African Development Bank, Empowering African Women: An agenda for action, Africa Gender Equality Index 2015 (Abidjan 2015), p. 23 18