(2017) 1 African Human Rights Yearbook
13
woman to the man’s family creates a huge problem of belonging and
identity for her. Upon being given away into marriage, the woman finds
herself ‘caught in-between’ two families, her marital family and her
natal family. The paradox is that henceforth she fully belongs to neither
family.
On the one hand, she is not integrated into her marital family. She
is no doubt part and parcel of her nuclear family. But she is
inconsequential in relation to her husband’s extended family. She does
not fully belong there because she is linked to that family only by mere
affinity and not by blood. Precisely because of that, when her husband
dies her in-laws move in and grab the household items, considered as
belonging to the deceased. Female migration or patrilocality in effect
transforms the woman into an ‘outsider’ in her matrimonial home. Her
marital affairs become subject to interference by her in-laws. This often
leads to misunderstandings and conflicts between husband and wife,
and between wife and in-laws particularly mother-in-law and sister-inlaw. These clashes often arise over attempts to control her reproductive
capacity (she must have children or so many children or at least one
male child), over attempts by her in-laws to have unhindered access to
her home, over family finances, and over household property which
sisters-in-law quickly grab upon the death of their brother.40
On the other hand, the married woman also ceases to belong fully
to her natal family. Before her marriage she was in fact regarded as a
temporary family member destined to marry, leave her natal family and
join that of her husband. When she marries she thus becomes
something of an ‘outsider’ in relation to her natal family. It is generally
considered culturally shameful to accept her back when her marriage
fails or when she seeks to escape domestic violence. Partly for this
reason, and partly in the interest of the children she may have had with
her husband, many women endure hardship and violence in their
marriage rather than seek refuge in their natal family. This unavoidable
situation in which the married woman finds herself in a patriarchal
society traps her in a setting in which she may easily be killed by her
own husband or become victim of ‘honour killing’ by a member of her
own family.
3.2
Cultural practices
Culturally, sub-Sahara Africa is largely homogeneous although some
variations exist in the practice of specific customs. Also, since the
African society is by and large patriarchal, power is vested in men who,
as a result, have control over women and dominate them in all spheres
of life, private and public. As a consequence of these cultural dictates,
women lack autonomy and cannot therefore make independent
40
J Mvula-Mwenda ‘Property-grabbing under African customary law: repugnant to
natural justice, equity and good conscience, yet a troubling reality’ (2005) 37 George
Washington International Law Review 949; WLSA (n 36 above) 77; E Stanko Intimate
intrusions: women’s experiences of male violence (1985).