How ‘Universal’ Is the United Nations’ Universal Periodic Review Process? An Examination of the Discussions Held on Polygamy

Abstract

In 2006, United Nations Human Rights Council was tasked to establish a new human rights monitoring mechanism: Universal Periodic Review process. The primary aim of this process is to promote and protect the universality of all human rights issues and concerns via a dialogical peer review process. The primary aim of this investigation is to ask the following question: has this claim of promoting and protecting the universality of the human rights been met, or challenged, during state reviews in the UPR process? The issue of polygamy has been selected as the focus for this investigation to be used, primarily, as a tool to undertake an in-depth analysis of the discussions held during state reviews in the review process. In addition, this paper will employ scholarly debates between universalism and cultural relativism, as well as the sophisticated and nuanced approaches that fall in between the polarised opposites, to analyse the discussions held on human rights during state reviews. Ultimately, the findings and discussion of this investigation will provide a unique and valuable insight to the work and operation of the UPR process, so far.

Fertility preferences among couples in Nigeria: a cross sectional study

“…This finding is supported by a study conducted by Tertilt [28,29]. The finding on the association between religion and fertility desires attests to the fact that Islamic religion and customary law encourage a polygynous marriage, which in turn leads to high fertility [30,31]. Islam permits a man to marry four or more wives and this explains the desire for more children found among husbands affiliated to Islam.…”

Polygynous marriage and child health in sub-Saharan Africa: What is the evidence for harm?

“…We conclude with two final thoughts on current debates regarding the prohibition of polygyny in Africa and beyond (Gaffney-Rhys 2012;Joffe 2016;Jonas 2012;Mwambene 2017;Patel 2017). First, we recommend that researchers examining the wellbeing implications of polygyny think beyond recommendations for marital reform, which may have unforeseen negative consequences in some situations, particularly in contexts where marriage is fundamental to women's social and economic capital.…”

“…Similar, albeit more ambiguous statements have also been adopted by the African Union via the African Charter on Human and Peoples' Rights, where it is stated that "monogamy is encouraged as the preferred form of marriage" (Jonas 2012: 144). Yet, despite growing advocacy internationally and within Africa, the notion of abolishing polygyny remains controversial, not least because African marriages, particularly in rural settings, are most often regulated via customary law, complicating enforcement of marital reform, and because prohibiting polygyny would contradict long-standing cultural norms (Jonas 2012;Gaffney-Rhys 2012;Mwambene 2017;Patel 2017). But is it true that polygyny is inherently harmful to women and children?…”

Implementing Universal Human Rights Standards in and by Sub-Saharan African States in the Shade of Local Traditions

“…One of the main findings of her paper was that challenges to the normative universalism of the UN UPR were made on two grounds: on the basis of national sovereignty and on the basis of a strict cultural relativist approach. 149 For example, concerning the recommendations on polygamy, Burkina Faso, Tanzania, Ghana, and Libya used religious and cultural norms as a justification of this practice. Regarding female genital mutilation, Mali and Liberia mentioned that this practice was deeply embedded in their culture and that therefore the reforms suggested by the observer states could not be accepted.…”