EXAMINING THE CONTESTATION BETWEEN DOMESTIC VIOLENCE LEGISLATION AND THE SOCIO-CULTURAL NORMS OF THE OYO COMMUNITY IN NIGERIA Dissertation submitted in fulfilment of the academic requirements for the degree of Master of Social Science (MSS) in Gender studies at the School of Social Sciences, University of KwaZulu-Natal (Pietermaritzburg Campus). By Adebimpe Anike Oduola Dr Janet Muthoni Muthuki (Supervisor) November, 2018 DECLARATION I, Adebimpe Anike Oduola, hereby declare that this dissertation is my own original work and that all sources have been accurately reported and acknowledged, and that this document has not previously in its entirety or in part been submitted at any university in order to obtain academic qualification. 16/07/2019 ----------------------------------- ------------------------- Adebimpe A. Oduola Date ii DEDICATION This dissertation is dedicated to all women in Oyo State who have experienced any form of gender-based violence, especially domestic violence. Also, to all scholars who have worked and are still working indefatigably towards prevention of violation against women in Oyo State, Nigeria, and for the liberation of all women. ACKNOWLEDGEMENTS I give special thanks to the Almighty God, the foundation of all knowledge, who gave me the opportunity to pursue this Master’s degree and helped me to finish well. I acknowledge the academic support which I received from my supervisor, Dr J. M. Muthuki, for her priceless guidance, perseverance and immense contributions toward this intellectual project, which helped me a lot in this academic endeavour. Also, special thanks to Dr T. J Adeogun, for her inputs towards the success of my Master’s degree. May God bless you for the many sacrifices made towards the accomplishment of this dissertation. Special thanks also go to my sponsor Mr Adeleke Adio Oduola from Honours degree program up to this level. I am grateful for the financial support you gave to me sir; it introduced me to the academic world. I pray God in His infinite mercies will continue to enrich, honour, guide and uphold you in all ways. To all my academic colleagues, thank you so much for the critical roles you played during my proposal defense and the pieces of academic advice given during my dissertation writing. This was very important in the development of ideas as well as my socialization into the academic world. Lastly, my deep sense of appreciation go to my parents (Elder R. G. Oduola and Mrs G. T. Oduola) and my siblings for their tireless economic, emotional as well as material support which I enjoyed throughout my studies in the University of KwaZulu-Natal. I love you all. ABSTRACT Domestic violence is a pervasive issue that occurs globally in various cultures and traditions regardless of victims’ social, economic, religious, ethnic or racial background. Women are being beaten, sexually coerced and abused. And the existence of strong patriarchal values, encourages males to become sexually, physically and psychologically abusive toward their female partners. In Nigeria, domestic violence affects women in all communities, of every ethnic, classes, religious and socioeconomic groups, living in both rural and urban areas. However, this study found that the prevalence of domestic violence is mostly pervasive in the Oyo community because it is a male-centered community, with diverse traditional and cultural beliefs and practices, as well as a rigid customary legal framework that supports male domination and discrimination against women in the form of male-child preference syndrome, levirate marriage, primogeniture, and widowhood rites, which have become the norm in their daily activities. Despite Nigeria is party to several international as well as domestic human treaties which aimed at addressing and protecting the rights of women and girls, to be free from domestic violence. In addition, the Oyo State House of Assembly enacted the provision of laws that prohibit and protect against gender-based violence and other related matters in public and private life in 2013 and 2016, of which protection of women from domestic violence and harmful traditional practices received a mention. The study revealed how Oyo community’s socio-cultural norms affect the implementation of legislation on domestic violence in the community, by examining how the numerous traditional and socio-cultural beliefs and practices of the Oyo community towards domestic violence is a hindrance to the implementation of the legislation on domestic violence in the community to curb domestic acts of violence. Nego-feminism and Legal feminism theories were employed as the theoretical lenses that guided the study. Nego-feminism was used to know how to utilize the culture of negotiation for the deconstruction of patriarchy in the Oyo community for the benefit of women. While the legal feminism theory was used to explain the issue of gender inequality, by critiquing and changing laws on behalf of, and from the perspective of women towards challenging gender subordination and condemning other patterns of injustice, specifically patriarchy, for the liberation of women. The study adopted qualitative content data analysis method. This was achieved through the review of YouTube videos of interview sessions with an Ifa priest and priestess on the mythology contained in Odu Ifa (literary corpus). The study also assessed legislature documents. Key Words Domestic Violence, Sociocultural Norms, Oyo Community, Legislation TABLE OF CONTENTS DECLARATION ..................................................................................................................... ii DEDICATION ......................................................................................................................... iii ACKNOWLEDGEMENTS ..................................................................................................... iv ABSTRACT ............................................................................................................................. v TABLES OF CONTENTS.......................................................................................................vi ACRONMYS… ....................................................................................................................... vii CHAPTER ONE.......................................................................................................................1 BACKGROUND OF THE STUDY........................................................................................1 1.1 Introduction ......................................................................................................................... 1 1.2 Purpose of the Study ........................................................................................................... 4 1.3 Statement of Problem .......................................................................................................... 5 1.4 Research Objectives ........................................................................................................... 5 1.5 Research Questions ............................................................................................................. 6 1.6 Significance of the Study .................................................................................................... 6 1.7 Research Structure .............................................................................................................. 7 1.8 Conclusion .......................................................................................................................... 8 CHAPTER TWO… ................................................................................................................... 9 LITERATURE REVIEW AND THEORETICAL FRAMEWORK ......................................... 9 2.1 Introduction .......................................................................................................................... 9 2.1.1 Conceptualization of Gender-based Violence ............................................................. 9 2.1.2 Conceptualization of Domestic Violence .................................................................. 13 2.1.3 Prevalence and Casual Factors of Gender-based Violence and Domestic Violence. 16 2.1.4 Male Domination in Schooling System.....................................................................30 2.1.5 Male Domination in Nigeria’s Religious Houses......................................................32 2.1.6 Male Domination in Nigerian Political System ........................................................ 33 2.1.7 Male Preference Syndrome ....................................................................................... 35 2.1.8 Prevalence of Domestic Violence in Nigeria ............................................................ 36 2.1.9 Legislation around Gender-based Violence and Domestic Violence in Various Context.....................................................................................................................................41 2.1.10 Gender-based Violence Legislation in Nigeria ....................................................... 49 2.1.11 The case for Oyo State Community ........................................................................ 49 2.1.12 Conclusion ............................................................................................................... 51 2.2 THEORETICAL FRAMEWORK ..................................................................................... 52 2.2.1 Nego Feminism