Rights advocates push for equality in matrimonial property division
A couple arguing - In Cameroon where although the Constitution is gender-neutral, the customary laws are applied to deny women their right to matrimonial property.
What you need to know:
- Women rights organisations have been urged to utilise regional mechanisms to pressure their respective countries to respect and protect the women’s right to matrimonial property.
- In the customary law of some ethnic groups in Cameroon, husbands maintain complete control over family property
Women rights organisations have been urged to utilise regional mechanisms to pressure their respective countries to respect and protect the women’s right to matrimonial property.
During a Strategic Litigation to Advance Women’s Land and Property Rights in Africa – An Analysis of General Comment No. 6 on Article 7(d) of the Maputo Protocol webinar, experts in matrimonial property rights observed the urgency in saving women from inequality in access, use and control of property.
“What stops the women rights’ organisations from going to the regional mechanisms like the African Commission? It is possible to do so if (they) cannot get the redress (sought for) at the country level,” said Sibongile Ndashe, executive director of Initiative for Strategic Litigation in Africa, the organisation that convened the webinar on Thursday.
Gender neutral
International Federation of Women Lawyers, director, Gladys Mbuya exemplified the situation in Cameroon where although the Constitution is gender-neutral, the customary laws are applied to deny women their right to matrimonial property.
“The Constitution gives a man and woman equal rights to access, enjoy and control of property. One cannot be deprived of property unless it is for public interest and subject to compensation,” she said.
“But in the rural communities where they are predominantly governed by customary laws, they always consider registration of land as an exclusive preserve of men…in some customs, widows can only inherit property if they have male children.”
A 2008 United States Department of State annual human rights report for Cameroon noted that in the customary law of some ethnic groups, husbands maintain complete control over family property.
Traditional court
They can also divorce their wives in a traditional court without being required to provide either verifiable justification or alimony.
“Once a husband, who could be many years older than his bride, paid his wife's parents a dowry, the girl was considered the husband's property. When a married man died, his widow often was unable to collect any inheritance, since she herself was considered part of the man's property,” the report reads in part.
Ms Mbuya said the status of women’s property ownership and inheritance will only change through relentless advocacy by the gender equality advocates.
