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Article 6 of the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (African Women’s Rights Protocol) provides that State Parties shall enact legislation to ensure inter alia that the rights of women in marriage and family, including in polygamous marital relationships, are promoted and protected. However, the United Nations Human Rights Committee, in its interpretation of article 3 of the International Covenant on Civil and Political Rights (ICCPR), stated that polygamy amounted to a violation of the rights of women and therefore ought to be abolished. This raises an interesting issue since on one hand, the African Women’s Rights Protocol provides for the protection of the rights of women in polygamous marriages, but on the other hand, the Human Rights Committee, which is an overseer of the implementation of a global human rights regime, has held that polygamy is an inadmissible violation of the rights of women. Apart from the two issues above, article 6 also raises fundamental questions such as: What are the rights of women in polygamous marriages and why it is critical to protect such rights? This article analyses the above issues and makes the general argument that, in line with article 6 of the African Women’s Rights Protocol, pending the outlaw of polygamy (which is also in line with international best practice), African states should legislate to protect women in polygamous marriages.

Article 6 of the African Women’s Rights Protocol: towards the protection of the rights of women in polygamous marriages