Maxine N Nkomo
By Maxine N. Nkomo
Breaking Barriers: The Critical Need for Women’s Leadership in the Legal Sphere
The legal profession is crucial for upholding justice, the rule of law, and human rights in Africa, and is employed in a variety of contexts. Despite the vital role women play in these processes, they remain underrepresented in legal leadership positions. This lack of representation not only hinders gender equality but also compromises the effectiveness and inclusivity of our judicial institutions.
As Africa continues to evolve and face new challenges, it is essential to dismantle the barriers that prevent women from advancing to leadership roles in law. This is particularly important in light of the growing issues posed by gender-based violence (GBV) in the workplace and the evolving landscape of technology, including AI, social media and the internet.
The Intersection of Gender-Based Violence and Women’s Leadership
Gender-based violence (GBV) in the workplace is a pervasive issue that undermines women’s professional advancement and leadership opportunities across all spheres of life. GBV manifests in various forms, including sexual harassment, discrimination, and psychological abuse. In the legal profession, these forms of violence can be particularly insidious, often cloaked in the power dynamics and hierarchies that define the workplace, and are alarmingly prevalent in the legal profession.
More so impact of GBV on women’s leadership in the legal profession can lead to a lack of diversity in leadership positions, perpetuating a cycle of inequality and limiting the legal profession’s ability to effectively address GBV. By addressing GBV and promoting women’s leadership, we can create a more inclusive and equitable legal profession.
Sexual Harassment and Discrimination
Sexual harassment remains a significant barrier to women’s participation and advancement in the legal field. Despite legal frameworks designed to combat harassment, many women continue to face unwelcome advances, inappropriate comments, and other forms of sexual misconduct from colleagues, superiors, or clients. Such experiences create a hostile work environment and force many women to leave their jobs or opt out of leadership paths, resulting in a loss of talent and diversity in legal leadership.
In Kenya, a 2019 study by the Federation of Women Lawyers (FIDA Kenya) revealed that 68% of women in the legal profession had experienced some form of sexual harassment at work. These incidents often involved male colleagues, superiors, or clients and had a significant impact on the victim’s career progression. Many women opted to leave the profession or avoided pursuing higher positions due to fear of further harassment. This perpetuates a significant barrier to women’s participation in leadership roles, reinforcing a male-dominated legal hierarchy.
Psychological Abuse and Bullying
Psychological abuse, including verbal abuse, intimidation, and professional sabotage, is another form of gender-based violence (GBV) that women in the legal profession frequently encounter. This abuse can manifest as constant criticism, exclusion from important meetings, or undermining a woman’s authority and competence. Over time, this type of abuse can erode a woman’s confidence, limiting her willingness to pursue leadership roles and perpetuating the cycle of male-dominated leadership in the legal sphere.
In South Africa, psychological abuse and bullying in the legal profession have been identified as critical issues by various studies, including a 2020 report by the International Bar Association. Female lawyers in South Africa have reported instances of being consistently undermined by male colleagues, excluded from critical meetings, or facing overly harsh criticism intended to diminish their professional standing. Such hostile environments can erode women’s confidence, discourage them from seeking leadership roles and perpetuate the underrepresentation of women in positions of power within the legal profession.
The Role of AI, Social Media, and the Internet in Perpetuating or Mitigating GBV
As technology advances across Africa, it presents both challenges and opportunities for addressing gender-based violence (GBV) within the legal profession. AI, social media, and the internet have transformed communication, work, and interactions, creating new challenges and opportunities for addressing GBV in the legal profession.
Artificial intelligence (AI) is increasingly being integrated into the legal profession, automating routine tasks, aiding legal research, and supporting decision-making. However, AI systems can perpetuate their creators’ biases. If AI algorithms are trained on data reflecting existing gender biases, they can exacerbate discrimination against women.
AI is finding applications in Africa’s legal sector, automating routine tasks and assisting in legal research and case management. However, if these AI systems are not carefully developed and monitored, they can perpetuate existing gender biases. For instance, if AI recruitment tools used by African law firms rely on datasets reflecting the existing gender imbalance, they may favor male candidates over equally or more qualified female candidates. This bias can further entrench the underrepresentation of women in leadership roles in African legal institutions.
Social media platforms have become essential tools for networking, advocacy, and professional development. However, they also serve as arenas for online harassment, which disproportionately targets women. Female legal professionals active on social media often face threats, abusive messages, and misogynistic attacks, discouraging them from engaging in public discourse or pursuing leadership opportunities. The internet’s anonymity emboldens perpetrators, making accountability difficult. For instance, in Nigeria and Zimbabwe, prominent female lawyers have reported receiving threats and abusive messages on social media after participating in high-profile cases or speaking out on controversial issues. Such harassment deters women from pursuing public-facing roles or engaging in leadership opportunities within the legal field, silencing important voices in the fight for justice and equality.
While the internet enables harassment, it also offers tools for combating GBV. Legal professionals can use the internet to disseminate information about rights, report incidents, and connect with global networks working to end GBV. Moreover, legal frameworks addressing cyber harassment and digital privacy can protect women in the digital space. The internet’s expansion across Africa has opened new avenues for addressing GBV. Legal professionals and activists have used online platforms to raise awareness about GBV, share resources, and mobilize for policy changes. Notable examples include the international #MeToo campaign and Nigeria’s #EndSARS movement, where legal professionals documented police brutality and gender-based violence through online channels, driving significant legal and policy discussions. However, the same platforms can perpetuate harassment, underscoring the need for robust legal frameworks to protect women in the digital space.
The Imperative of Women’s Leadership in the Legal Sphere
Addressing the intersection of GBV and technology within the legal profession requires the active participation of women in leadership roles. Women leaders in law are more likely to prioritize policies and initiatives that tackle GBV, advocate for gender-sensitive AI practices, and push for stronger regulations to protect against online harassment. Their presence in leadership positions ensures that the legal profession not only responds to but anticipates and mitigates the evolving challenges that women face.
To break down the barriers to women’s leadership in law in Africa, we must:
1. Implement Gender-Sensitive Policies: African legal institutions must adopt and enforce policies that prevent and address GBV in all its forms, including sexual harassment, psychological abuse, and cyber harassment. For instance, the Law Society of Zimbabwe has been urged to strengthen its policies and support systems for women who report harassment in the workplace.
2. Promote Inclusive AI Practices: As AI becomes more integrated into the legal field, it is essential to ensure that these technologies are developed and used in ways that do not perpetuate gender biases. This requires diverse teams in AI development, as well as on-going monitoring and evaluation of AI systems for fairness and equity. In Zambia, legal tech companies are beginning to explore how to create more inclusive AI tools that are fair and unbiased.
3. Leverage Technology for Advocacy: Legal professionals should harness the power of the internet and social media to raise awareness about GBV, share resources, and support survivors. Online platforms can be used to build networks, share best practices, and advocate for stronger legal protections against all forms of GBV. The Women in Law Botswana initiative, for example, has been instrumental in using digital platforms to advocate for stronger legal protections against GBV and to support women in asserting their rights.
4. Encourage Women’s Participation in Leadership: Mentorship, networking opportunities, and targeted leadership programs are essential to support women’s career advancement in the legal profession. Institutions should create environments where women feel safe, valued, and empowered to lead. For instance, the Women Lawyers Association in Zambia runs mentorship programs that connect young female lawyers with experienced mentors, helping them navigate the challenges of the profession and encouraging them to pursue leadership roles.
The legal profession, with its mandate to uphold justice and the rule of law, must lead by example in promoting gender equality and combating gender-based violence (GBV). Women’s leadership in law is not just a matter of representation; it is vital to the profession’s ability to address the complex and evolving challenges of our time. By breaking down the barriers that limit women’s participation, particularly in the face of GBV and technological advancements, we strengthen the rule of law and move closer to a more just and equitable society for all.
The Action4Equality Campaign is a powerful initiative that calls on us to challenge the gender norms that hinder women’s progress in the legal field. Together, we can create a legal profession where women’s voices are heard, their leadership is recognized and the rule of law is upheld with fairness and integrity. Let us rise to this challenge and work towards a future where every woman in law has the opportunity to lead, innovate and inspire.
For feedback
International Human Rights Lawyer | Rule of Law and Access to Justice | Gender and Women’s Rights Advocate
B.A, PDIS (Rhodes University)
LLB (Monash University)
maxinen95@yahoo.co.uk
maxinenkomo@icloud.com