Yakin Ertürk, Director, UN Division for the Advancement of
Women: supporting our conference in 2001
.... "The issues which widows generally face and those encountered by women in developing countries are cause for serious concern. The situation of widows should continue to be featured on the international fora until they become firmly integrated into the policy agenda.
WOMEN’S INHERITANCE RIGHTS TO LAND AND HOUSING
Women's Land Link Africa
In almost every society, rules have been designed to determine who will take over the property and responsibilities after a death in the family. But housing and land are still regarded as under the control of men. Even formal laws sometimes perpetuate this, and prevent women from inheriting. Even if laws are equal, custom and tradition dominate and prevent women and girls from inheriting. The result is that women and girls, after the death of a father or husband, are often robbed of the housing and land they live in and left homeless and destitute.
While this discrimination stems from customs that favor men for inheritance and property ownership, it is also enabled by government policies and laws that discriminate in inheritance and divorce matters. Many widows are barred by law and custom from inheriting property, evicted from their lands and homes by in-laws, and stripped of their possessions. Religious laws prevent women from inheriting their equal share. Some women who are widowed are coerced or see no other option but to give their share of family land to their brothers in exchange for economic support. In Africa, inheritance is a daily issue.
With the tragedies of armed conflict, HIV/AIDS, and poverty, widowhood is a reality for a full 25% of all African women. In some countries, for example Rwanda, 50% of women are widows. The plight of women demands that States deal aggressively with inheritance, and that this no longer be considered a private matter. It is a question of rights, and it is ultimately the responsibility of the State to ensure that these are fulfilled. But too often, inheritance is viewed as a private matter, causing governments to be reluctant to interfere.
Even where women have legal rights to own and inherit houses, land or other property, they are ignorant of that right. Many women do not know that legal means exist through which they can claim these rights. A few women who are aware of this have access to legal advice. Even if they have access to legal advice, some do not have money to obtain this advice. A woman’s access to property usually hinges on her relationship to a man usually father, brother, husband. When the relationship ends, the woman may lose not only her home and land, but livestock, household goods, and other property.
In some communities in Africa, a widow will inherit land in trust for her male children provided they are minors. In some parts, a widow will be given a life interest in the land. If she remarries however, such arrangement however, she risks forfeiting all claims to this land. It should be noted that the life interest only grants women access to land and property and not ownership so they have no right to engage in any transaction related to the land. In order to inherit, sometime widows are forced to undergo cleansing or other rituals. These often involve coerced sex with an in-law or other relative or even a stranger. Such practices must end.
It is therefore important for the government to bring about critical changes that are needed in policies, strategies and laws as well as undertake gender analysis at every stage of policy design, implementation and evaluation to ensure that all forms of gender discrimination are eliminated and to protect and promote women’s land and housing rights They must also protect and promote women’s land, housing and inheritance rights, as well as restore confiscated property and provide alternate shelter and livelihoods for women.
From Women's Land Link Africa 2006 (http://www.wllaweb.org/)
From WRI Newsletter 6 - Full copies of the Newsletter available from WRI office