ABSTRACT
Chapter 2 delves into the influence of Eurocentric perspectives on criminal justice in Africa, spanning from the colonial era to the present day. It begins by highlighting how colonial powers imposed uniformity in criminal justice and sidelined local customary practices in favour of colonial principles. This uniformity led to the codification of customary practices, often distorting their authenticity.
The chapter notes that some African countries acknowledge non-state conflict resolution practices, but the relationship between customary and written laws varies widely, with some written laws even prohibiting customary practices. This discrepancy is exacerbated by the concentration of legal resources in urban centres, which creates a disparity between the centre and the periphery in terms of legal access. Furthermore, the chapter highlights the overuse of imprisonment across the continent that particularly affects impoverished individuals who struggle to access state justice. The economic and social burdens on the families of inmates are substantial, especially when women or mothers are imprisoned.
The chapter calls for both a shift away from Eurocentric approaches and the recognition of local knowledge in criminal justice. It emphasises the importance of respecting traditional justice and its rationale, and it advocates for reforms that give customary law the space to operate and develop. Achieving respect for customary law in criminal justice requires political support to dispel the dichotomies among different knowledge paradigms and to address the needs of the entire society.
