Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and culture have been one of the underlying root causes of human trafficking. Cultural practices, such as forcing young girls into ritual servitude, Trokosi (slaves to the Gods), Wahaya (fifth wife), Ukuthwala (kidnapping girls for marriage), payments of dowry, male dominance, female genital cutting, witchcraft, and child marriage, perpetuate the crime of human trafficking. Some women and young girls in Africa, many of whom migrate from rural to urban areas, find themselves compelled by these cultural beliefs to leave their home and family. This crime has been taking place imperceptibly for a long time. More often than not, incidents have been reported, and charges such as statutory rape and kidnapping are filed against the perpetrators, without authorities knowing that they constitute the offense of trafficking. Although most African traditions and cultural practices are positive when they are distorted and abused, they perpetuate serious problems like trafficking.

This article discusses the challenges of the realization of women's rights in relation to the concept of culture relativism in sub-Saharan Africa. It examines how the concept of culture is misconstrued with a traditional hierarchy and patriarchy approach that intervenes in the realization of women's rights in sub-Saharan African states. Many societies are concerned that the promotion of gender equality would interfere with local culture; hence they feel that gender equality should not be promoted for ethical reasons. Women have been left with the unpleasant situation of choosing between their rights or their culture. Through secondary analysis and a critical review of the literature, the article engages in the debate on cultural diversity and gender equality, to challenge the existing stereotypes in sub-Saharan African cultures. It argues that traditional and cultural practices should adhere to the values of equality and human rights. The article proposes that cultural considerations will have to yield whenever a clear conflict with human rights norms becomes apparent.

This article considers harmful practices in Tanzania that violate women’s rights. Most provisions of international human rights treaties that focus primarily on women in Tanzania have not been adequately incorporated into national legislation. Efforts to implement such international treaties are often met with suspicion or hostility from the communities owing to a prevalent patriarchal system and its accompanying customs. Women are systematically being denied their rights to autonomy, health and education with the excuse of ‘harmful practices.’ Although the universality of human rights norms and the right to enjoy one’s own culture and respect for cultural diversity have been challenged, it is undeniable that, whenever a state enters into an agreement with the intention of being governed by international law, that state has a legal obligation to comply with such international law or treaty. This article seeks to explore aspects of existing cultural practices and traditions that need to be abolished to conform to the provisions of international law. It is argued that traditional and cultural practices should adhere to the values of equality and women’s rights and that a strong legal framework is essential for addressing harmful practices.

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Witchcraft accusation is among the cultural beliefs that infringe women’s rights in Tanzania. Women in Tanzania are disproportionately accused of witchcraft compared to their male counterparts. These beliefs have led to intimidation, psychological isolation, abuse, violence and in extreme cases the killing of women who are accused of witchcraft whenever a natural disaster befalls the community. This article examines the gender-based nature of witchcraft accusation and the conditions that have led to the vulnerability of women due to this practice in Tanzania. It also examines how the Tanzanian legal system has dealt with the challenges of witchcraft accusation to date. A reflection on the stance maintained by the South African Law Commission in addressing this problem is considered. This has been necessary to determine whether there are any practical solutions that may be emulated or adapted by the Tanzanian Reform Commission. The article concludes that it is the duty of the State, regardless of people’s political, economic and cultural beliefs, to protect all human rights and fundamental freedoms. The law in Tanzania should therefore be reformed to ensure that the gender-violence phenomenon is adequately addressed. It is also submitted that it is necessary for the law to address witchcraft accusation practices across the African continent.