Bridging the gap: disability justice in Africa’s traditional dispute resolution mechanisms

Governments across Africa have assumed an obligation to ensure that at all levels of administration, the basic rights of all people, including persons with disabilities, are being respected and protected. This article explores the juridical implications of traditional dispute resolution mechanisms (TDRMs) for the rights of persons with disabilities. TDRMs are a celebration of Africa’s cultural diversity. Through them, African nations have been able to enrich their brand of legal pluralism. The core of personal law is very much the domain of TDRMs, which is of particular significance to the rights of persons with disabilities. Using the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa (ADP), this article examines the extent to which TDRMs have calcified and legitimised the exclusion of persons with disabilities in Africa. It argues that although African states have managed to make significant progress in the area of TDRMs, this has been accompanied by stagnation or regression in areas where disability rights have been involved.