The practice of polygamy under the scheme of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa: a critical appraisal

Abstract

Today the assertion that polygamy is a human rights issue admits of no demur. Polygamy and other cultural practices are as legitimately subject to criticism within the context and setting of human rights as is any other structural aspect of society. There is a movement that is rapidly gaining momentum to contest the legality and legitimacy of polygamy in a human rights context. In several parts of Africa, polygamy is not only a marriage of choice but a value system that inspires and shapes family relations. As a value system, it has been in constant tension with and is resilient to imported marital ideology of monogamy. However with the discourse of rights, in particular women’s rights, inexorably coming to the fore, the practice of polygamy stands seriously challenged and its future is in grave doubt. Key words: Polygamy, human rights, Africa, international law, culture.