"Grappling with the notion of “culture” and multiculturalism in post-colonial societies that
have accepted liberal democratic frameworks very often lead to interpretations that pose
culture and universal rights as a a binary opposition, with culture being related to pre-modern
“ways of life” and practices, and universal human rights to modernity, individualism and
enlightenment.
Due to colonial interpretation of the culture of colonial subjects in Africa there is a (Western) perception that indigenous culture is pre-modern and “backward”. This perception is often based on the gendered nature of issues that arise and challenge liberal individualism. The treatment of women and the control of women’s sexuality are viewed as core elements of traditional patriarchal and sexist practices. The aim of this paper is to show how this binary opposition of culture and rights leads to a closure of the discourse about culture and rights and is particularly damaging in post-colonial societies where the misrecognition of cultural practices have a particularly negative impact for women because of its redistributional effect. By applying Nancy Fraser’s concept of recognition and redistribution to the debate on customary law and land in South Africa I want to show the complexity of gender relations in “multicultural” contexts in post-colonial societies and secondly attempt to find ways of dealing with the conflict of rights and culture in a more productive way......."
Due to colonial interpretation of the culture of colonial subjects in Africa there is a (Western) perception that indigenous culture is pre-modern and “backward”. This perception is often based on the gendered nature of issues that arise and challenge liberal individualism. The treatment of women and the control of women’s sexuality are viewed as core elements of traditional patriarchal and sexist practices. The aim of this paper is to show how this binary opposition of culture and rights leads to a closure of the discourse about culture and rights and is particularly damaging in post-colonial societies where the misrecognition of cultural practices have a particularly negative impact for women because of its redistributional effect. By applying Nancy Fraser’s concept of recognition and redistribution to the debate on customary law and land in South Africa I want to show the complexity of gender relations in “multicultural” contexts in post-colonial societies and secondly attempt to find ways of dealing with the conflict of rights and culture in a more productive way......."
It was published in Amanda Gouws and Daiva Stasiulis. Gender and Multiculturalism: North/ South Perspectives. Routledge 2014/ UKZN Press 2016.
Email address: ag1@sun.ac.za
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