10
Anyangwe/Extrajudicial killings of women in Africa
and by categories of violent killings. They also do not deal with the
specific problem of women and extrajudicial killing in Africa.
3
FACTORS CONTRIBUTING TO
VULNERABILITY
The subject of extrajudicial killings is a worldwide and complex
problem that reveals a consistent pattern of violations of human rights.
In acknowledgement of this fact, the universal human rights system
established the thematic procedure known as Special Rapporteur on
Extrajudicial, Summary or Arbitrary Executions in 1982. The
procedure was established to undertake studies of the situation, paying
special attention to cases concerning children and women. For its part,
the African Commission on Human and Peoples’ Rights (African
Commission) in 2012 expanded the mandate of its Working Group on
the Death Penalty to include a focus on the problem of extrajudicial
killings in Africa. Extrajudicial killings of women undoubtedly take
place. However, its form, shape and magnitude still needs to be
researched. In this section I consider the factors that predispose women
to extrajudicial killings in Africa. In this regard, I hypothesise that
culture, tradition, socialisation, socio-economic and political contexts,
and the dual or plural legal dynamics prevailing in African countries, all
conspire to create an environment in which women are treated as
subordinate to men. These factors constitute the backdrop and provide
the social environment that make women vulnerable to extrajudicial
killings.
The theoretical and analytical perspectives that inform the
identification of these factors are feminist scholarship,30 gender
studies, and jurisprudence and legal theory which is a study of political
theories with legal implications. Many feminist jurists have over the
years argued that patriarchy31 is at the root of the subordination of
women to men and the unequal power relations between both.32 They
posit that gender roles are socially constructed, and that patriarchy and
gender roles can therefore be socially deconstructed.33 Unequal gender
relations in African societies are rooted in socially-defined roles of men
30
Feminism is a term coined by women’s movement to signify the revolutionary
changes it advocates to the status of women in society.
31 Patriarchy is the term coined by feminists to describe the social structures which
allow men to dominate women, that is, the pervasive dominance, in and of society, by
the male hierarchy. See Bonthuys & Albertyn (n 25 above) p. 19; A van Blerk
Jurisprudence – an introduction (1998) 171.
32
K Bartlett & R Kennedy (eds) Feminist legal theory: readings in law and gender
(1991); J Rifkin ‘Toward a theory of law and patriarchy’ (1988) 3 Harvard Women’s Law
Journal 3; C MacKinnon ‘Difference and dominance’ in C MacKinnon (ed) Feminism
unmodified: discourses on life and law (1987) 32.
33
K Bartlett ‘Feminist legal methods’ (1990) 103 Harvard Law Review 829; L Finley
‘Breaking women’s silence in law: the dilemma of the gendered nature of legal reasoning’
(1989) 64 Notre Dame Law Review 886; S Okin ‘Is multiculturalism bad for women?’ in
J Cohen, J Howard & MC Nussbaum (eds) Is multiculturalism bad for women? (1999);
J Oloka-Onyango & S Tamale ‘The personal is political, or why women’s rights are