16 Anyangwe/Extrajudicial killings of women in Africa In some cases, the law does not speak clearly when it comes to women’s entitlement to land ownership, marital property, and succession.50 Sometimes also the law leaves a lot to be desired on issues such as rape, abortion, sexual harassment in the work place, gender discrimination in recruitment and promotion, access to certain jobs and public offices, discrimination in pay, and fully paid maternity leave.51 The legal system either ignores or does not adequately deal with certain types of killings such as intimate and ‘honour’ killings, or domestic violence in general.52 The legal system appears to accept a ‘defence’ of custom in these cases. It thus indirectly encourages the perpetration of these extreme forms of violence against women. Establishing an adequate gender-sensitive legal environment is critical in safeguarding the rights of women, protecting them from violence, and ensuring that justice mechanisms are accessible to them and assist families whose female relatives have been killed.53 The Banjul Declaration of the 59th ordinary session of the African Commission, in March 2017, under the theme ‘Women’s Rights: Our Collective Responsibility’ recommends in paragraph 64 that ‘States should review the measures in place, or that are being undertaken, to combat extrajudicial killings to include domestic violence and all other forms of violence that result in the death of women’.54 The current Special Rapporteur, Agnes Callamard, recommends in her 2017 report that States should eliminate laws that support patriarchal oppression and also publish data on femicides.55 Since 2003, a number of African countries have taken legislative measures to address a number of gender-related issues.56 Sierra Leone’s Registration of Customary Marriage and Divorce Act 2012 and Malawi’s Marriage, Divorce and Family Relations Act 2015, for example, prescribe 18 years as the minimum age for contracting any form of marriage. Additionally, Malawi’s Gender Equality Act 2013 prohibits discrimination against women, outlaws sexual harassment, and prohibits harmful social, cultural or religious practices. The country’s Penal Code and Domestic Violence Act 2010 criminalise sexual violence against women. Mozambique’s Penal Code 2014 criminalises marital rape and removes the immunity from prosecution hitherto enjoyed by a rapist who marries his rape victim. 50 Bonthuys & Albertyn (n 25 above) 201-202. As above 244-294. 52 As above 335. 53 United Nations Strategies for confronting domestic violence: a resource manual (New York 1993); World Health Organisation Violence against women, family and reproductive health (1997). 54 Available at www.achpr.org/instruments/banjul-declaration (accessed 22 September 2017). 55 ‘Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions (Gender-sensitive approach to arbitrary killings)’ UN Doc. A/HRC/35/23, 6 June 2017. 56 ‘Report of the African Human Rights Commission’s Special Rapporteur on the Rights of Women in Africa: Status of Implementation of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa’, 66th Meeting of the Commission on the Status of Women, 18 March 2016, New York. 51