Custom and tradition are at the core of common understanding and the dispensation of justice in great parts of African societies. The right to customary practices is enshrined in a number of constitutions in sub-Saharan Africa. As a matter of fact, traditional court systems remain an important, if not crucial, vehicle for dispute resolution in most African settings where the state law and legal practice institutions are socially, economically and geographically inaccessible for the great majority of citizens, and women in particular. Efforts to ensure access to justice and to protect and defend human rights must acknowledge, reconcile and integrate a country's statutory and customary justice systems, as well as international human rights standards. This is a complex undertaking especially considering the divergent tenets of the different legal systems. Custom, the foundation for customary law, regulates communal and social relations and resolves disputes on the basis of recognised practices. It is assigned members of these communities themselves who are mandated to uphold, interpret and implement the custom. Statute, which determines the statutory law, centres on individual entitlements and is enacted by the legislative arm of government in order to regulate relations among citizens, and between citizens and the state.
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