User:Ppowers2001/Malian Family Code

History of the Family Code
The Malian family code resulted after many years of discussion within the Malian government, with the first codification of family law occurring in 1962, just two years after women were granted equal rights under Malian law in 1960. The Malian family code has implications for the societal treatment and expected behaviors of both sexes. The Family Code was structured in a way that allowed the government to legislate marriage relations and define the treatment of women in society.

Since the initial implementation, efforts have been undertaken to change and modify the family code, with the first reform effort being initiated in 1999. The initial reform worked to expand the rights granted to women under the protection of the law, but conservative pushback resulted in the failure of that law to pass and the necessity for revisions. The reform efforts ultimately boiled down to a debate over preserving traditional Islamic values or expanding rights for women in a way that was perceived as being more Westernized. Following the restructuring of the Family Code, women's rights were not expanded, but rather almost wholly eliminated, perpetuating the notion that women are subject to the whims of their husbands. The newest implementation put in place in January of 2022 allows for continued discrimination of women and the requirement of obedience.

When Mali's government implemented multiparty elections, there has been a greater push for reforms in the existing Family Code to expand the protections of women under Malian law. Much of the debate surrounding changing the Family Code is a result of apparent conflicts between proposed amendments and traditional Islamic practices.

The Malian governmental system defines itself as being secular, meaning the government should not intervene in religious institutions or practices. However, religious and cultural practices have great influences on the construction and enforcement of Malian law. Notably, the Family Code relies on the application of religious practices and customary law in issues of family interactions, inheritance, and marriage. A large proportion of the Malian population is of Muslim faith, generating more widespread support for upholding Islamic practices. Many of these influences are grounded in Islamic principles, thereby creating an Islamic influence on the law. This is largely due to the fact that a number of Mali's laws are based largely on a combination of French and Islamic law with very diverse local laws. Specifically, many of the Islamic practices detailing marriage and family customs have been integrated into Mali's laws concerning the same issues, especially in areas of the state with traditionally Muslim leadership.

Reform of the Family Code
Since the adoption of the original Family Code, there has been a push for reforming the family code in an effort to provide women and children with more equal protection under the law. The argumentation over certain amendments within the code and the push for reform has been an ongoing debate that shows no signs of slowing down. Within the proposed reform to the law, women are no longer bound by law to obey their husbands, but only a minority of women who have been educated demonstrated strong support for the law. The largest driving force supporting the expanded female empowerment are the women who already have a greater capacity to interact with Mali's structural institutions given their greater degree of political knowledge. Another tension challenging the law is the argument that it violates important family and marital principles of Islam, generating a large degree of pushback from the religious communities. There was also opposition on the groups that the new law only supported European ideals and not actual Malian ideology.

The closest reform got to being successful at expanding women's rights was in the 2009 reform period. The initial discussion of this new legislation granted more rights to women and expanded freedoms. The National Assembly actually ended up adopting this version of the law. Yet, widespread protests and backlash led to the bill being sent back and altered before officially passing. The version that ended up passing involved a lowering of the minimum marriage age and the reinstatement of the original obedience clause, stating that women have to obey the demands of their husbands.

One of the largest hindrances to successful reform is the understanding that changes to legislation will not be implemented effectively when there is a gap in enforcement and social practice. This has led to a lot of skepticism and distrust amongst individuals who feel that even with reform, the oppressive society will remain due to historical precedent and social norms. A key example of this dissonance is the fact that the Malian constitution explicitly states that men and women are equal, a principle that has persisted throughout governments; yet, the law does not reflect this equal standing.

The most controversial areas of reform have been bride price, registration of marriage, number of wives, the obligation to obedience, choice of the site of residence, and inheritance. In all of these cases, the fundamental disagreement comes down to whether the Family Code should preserve Islamic Principles and maintain the status quo legislation or should the legislation be altered to give women more power and freedom in their actions.

Women and the Family Code
Women are largely impacted by the existence of the Family Code. These impacts are structural, economic, political, and social. The Family Code outlines the ways that women are able to interact with society. The Family Code also has major implications on the ability for women to own or inherit property. As it exists right now, women are granted access to land, but not the rights to own or control it.

The African Court on Human and People's Rights determined that Mali's Family Code (as of 2018) violated not only women's rights but also the human rights of children. This determination was made after examining the fact that Mali's human rights laws actually had exceptions in place that allowed for the violation of human rights in times of emergency. Another determined violation included the age of marriage for girls, which in Mali was 16 while it was 18 according to the African Children's Charter. This case was incredibly notable because it is the first time that this court has actually determined a country to be in violation of the various human rights charters in place.

Many of the revision efforts place emphasis on expanding the rights of women and upholding the principle of female equality established in the Malian Constitution. The Government of Mali has favored laws that uphold the constitutionally established principles of equality. However, those principles do not directly translate to the amendments that exist within the Family Code.

Women have been largely driving forces to revisions in the Family Code, specifically as it relates to expanding their societal capacities and protections. These efforts have been undertaken by many different women's rights activists and educated individuals.

A correlation has been noted that women in Mali are more likely to be able to engage with the institutions beyond their home village if they have received higher education and have a broader understanding of the political systems. These same women are the ones who support revisions to the Family Code that would challenge some of the original provisions and replace them with ones that grant more female rights and empowerment.

Aside from education being a driving factor in female support for a revised family code, socioeconomic status uniquely impacts support. Women who are more empowered economically are more statistically likely to support the versions of the code that expand female protections under the law. All of the driving factors for female support are tied to their ability to access political knowledge and engage within the governmental and societal structures that already exist. The wage gap that exists in Mali is due to structural factors and the inequality in both the occupational hierarchy and structure of wages. When looking at typical gender norms in countries of similar economic development to Mali, Mali is unique in the sense that it has much wider gender differences in education and type of employment.

Even with education and higher socioeconomic status, the ability for a woman to participate in government is still largely governed by the decisions of men. This is due to the cultural expectation, and Family Code legislation requiring female obedience to her husband. Women's freedom to participate in government was largely expanded with the introduction of gender quotas in 2016. Until then, women did not hold seats in government. Even with the establishment of quotas, not all women are able to participate in government because they lack the means and ability to do so.

Sources:


 * MALI: Family Code. (2009). Africa Research Bulletin. Political, Social and Cultural Series, 46(8), 18070C–18071C. https://doi.org/10.1111/j.1467-825X.2009.02500.x
 * Journal Article from the African Research Bulletin providing a brief overview of the Mali Family Code
 * Soares. (2009). The Attempt to Reform Family Law in Mali. Welt Des Islams, 49(3-4), 398–428. https://doi.org/10.1163/004325309X1249
 * Journal article focused on the efforts used to reform the family code in Mali; how it has changed over time
 * Bleck, & Michelitch, K. (2018). Is women’s empowerment associated with political knowledge and opinions? Evidence from rural Mali. World Development, 106, 299–323. https://doi.org/10.1016/j.worlddev.2018.01.006
 * peer reviewed article examining the relations between women, politics, and the family code in Mali
 * provides a more nuanced perspective on the impacts of the family code beyond just the construction and policy itself
 * Soares, Benjamin (2005). Islam in Mali in the Neoliberal Era. African Affairs, 105, 77-95. https://doi.org/10.1093/afraf/adi088
 * Journal article addressing the impacts of Islamic fundamentalism on the implementation and persistance of the Family Code.
 * Provides a nuanced analysis of one of the major driving factors of the family code.
 * Kombo, Brenda K. (2020-10-04). "Napoleonic Legacies, Postcolonial State Legitimation, and the Perpetual Myth of Non-Intervention: Family Code Reform and Gender Equality in Mali". Social & Legal Studies. 30 (5): 704–725. doi:10.1177/0964663920962552. ISSN 0964-6639.
 * Discussion of the impacts of the family code on the rights of women and children. Also works to explain the origins of the family code and how it has shifted over time.
 * Artner L., Maluleke G. (2016) Contested Universal R/rights: The New Family Code in Mali. In: Dhawan N., Fink E., Leinius J., Mageza-Barthel R. (eds) Negotiating Normativity. Springer, Cham.
 * Article covers the transformation of women's rights in Mali and how that transformation has shifted the family code.
 * Budoo. (2018). Association Pour le Progrès et la Défense Des Droits Des Femmes Maliennes (APDF) and the Institute for Human Rights and Development in Africa (IHRDA) v. Republic of Mali (Afr. Ct. H.P.R.). International Legal Materials, 57(6), 1097–1130. https://doi.org/10.1017/ilm.2018.51
 * Discusses the legal implications of Mali's family code, including the various legal complains and how they were handled in a legal setting when brought forth to the government.
 * Contains official court documents
 * Jones-Casey K, Knox A and Chenitz Z. Women, inheritance and Islam in Mali [version 1; not peer reviewed]. Gates Open Res 2019, 3:1372 (document) ( https://doi.org/10.21955/gatesopenres.1116321.1
 * This article discusses the intersectionality between womanhood and Islam in relation to the Family Code in Mali. It discusses the implications of the family code on the nuances of intersectional relationships and how those specific conditions are uniquely impacted by the family code.
 * Vliet, Martin van (2012-01-01). "Mali". Africa Yearbook Volume 8: 129–136. doi:10.1163/9789004241787_015.
 * This journal article provides a very broad look into Mali and it's policy. It provides a brief overview of the Malian family code and its implementation, explaining the code in the concept of broader Malian politics.
 * Diarra, S. T. "Women’s rights in Mali ‘set back 50 years’ by new ‘Family Code’law." Guardian Weekly 1 (2012).
 * This news article provides a unique perspective of the implications of the Family Code on Women's Rights. It discusses the nuances of women's issues in the context of the family code.
 * Kombo, Brenda K. (2020). A missed opportunity? Derogation and the African Court case of APDF and IHRDA v Mali. African Human Rights Law Journal, 20(2), 756-776. https://dx.doi.org/10.17159/1996-2096/2020/v20n2a18
 * This journal article discusses the specific implications of the Malian family code in the context of African Human Rights Law, focussing specifically on one case. It provides a different viewpoint of the impacts of the family code on Malian life.
 * Doumbia, Saliha and Meurs, Dominique. Gender equality at work in sub-Saharan Africa: A case study of Mali's modern sector. International Labor Review Volume 142 (2003).
 * https://www.fidh.org/en/region/Africa/mali/Mali-s-new-Family-Law-women-s
 * https://ijrcenter.org/2018/05/29/african-court-finds-malis-family-law-violates-human-rights-obligations/
 * Discussion of the human rights violations that come as a result of the Malian family code.
 * Schulz, D. E. (2003). Political Factions, Ideological Fictions: The Controversy over Family Law Reform in Democratic Mali. Islamic Law and Society, 10(1), 132–164. http://www.jstor.org/stable/3399221