For years, policy makers have debated how to deal with customary tenure —sometimes known as ―informal,‖ ―indigenous,‖ or ―traditional law.‖ This concern arises because dual (or multiple) legal systems co-exist in many countries: statutory law alongside informal, customary practices, religious law, etc. Educated urban elites tend to use the statutory system while rural citizens, the less educate...

Part I of this article briefly describes customary law and explores the effect of colonialism on legal pluralism and the region’s early post-colonial constitutions. Part II describes the structure and content of constitutional clauses that exclude personal law and customary law from constitutional non-discrimination protection. Part III briefly examines international and regional human rights l...