Abstract

This thesis dwells on women’s rights to inheritance in Cameroon. Inheritance has gained profile as a public policy issue in African countries for several reasons. Most prominently, inheritance has been tackled as part of the larger problem of property rights regimes that are discriminatory against women.

This work has as one of its objectives to examine the legal framework for the protection of women’s rights to inheritance in Cameroon which is derived basically from the received English and French laws. There is however a draft family code on inheritance in Cameroon which also protects women’s rights to inheritance. Customary laws discriminate against women and do not consider women to own land.

Most customs recognize only women’s usufruct and not ownership rights over land even over land purchase by the women themselves. Women’s right to land is therefore derived from men either as wives, daughters, sisters, or in-laws in both patrilineal and matrilineal societies. This study adopts the doctrinal research method which has to do with content analyses of primary and secondary sources.

As such, it is qualitative. This research finds out that there are international conventions that protect women’s rights to inheritance such as the International Covenant on Economic, Social and Cultural Rights, the African Charter on Human and Peoples Rights, and the Convention on the Elimination of all Forms of Discrimination Against Women.

It is recommended that to better protect women’s rights in Cameroon, archaic customary laws that prohibit women from inheriting property should be declared repugnant by the legislator. There is a good legal framework for the protection of women’s rights in Cameroon. Nevertheless, this protection is not a `bed of roses’ especially as violations are a common phenomenon.

CHAPTER ONE

GENERAL INTRODUCTION

1.0 INTRODUCTION

The debate about women’s rights in general and widows’ particularly, has been of much concern to women, policymakers, and international organizations alike. In a typical traditional African milieu, the woman virtually finds herself in an essentially male-dominated environment.

The various customs that obtain in most African countries, the institutions that regulate day-to-day life are controlled by the men-folk. In this way, women have very limited rights. Upon the breakdown of a customary law marriage through death, the widow suddenly finds herself as an object of inheritance.

Notwithstanding that this practice is contrary to the law cases abound which show that this practice is instead gaining grounds.  Indeed upon divorce, the woman has little or no rights over the property. In Achu v. Achu,  Inglis, J., posited that: “Customary law does not countenance the sharing of property, especially landed property, between husband and wife on divorce.

The wife is still regarded as part of her husband’s property” Customary law is silent on women’s rights and our courts seem to apply and follow these practices. However, the case of Alice Fodje v. Ndansi Kette  seems to suggest the contrary view. In this case, the parties were married in 1952 according to the native laws and customs of the people of Bali.

The marriage was blessed with eight children. In 1981, the appellant left the matrimonial home. The respondent took a second wife. In 1983, the respondent petitioned for divorce in the Bali customary court. His request was granted. No order as to property adjustment was made. As a result, the appellant appealed. Justice Arrey in a dramatic manner held that the appellant should occupy one of the three houses, and also collect rents from the other two. But the decision seems to be an isolated authority on its own merit.

1.1 Background To The Study

Inheritance is a critical mode of property transfer in many Sub-Saharan African countries.  Significant life course transitions such as death, birth, marriage, and retirement, an individual’s or group’s accumulated physical assets (or rights of access to these assets) are distributed according to social convention, personal preferences, and potentially static designs.

This redistribution of assets can affect various individuals’ economic trajectories in positive or negative ways.  Property heirs gain in economic security, either in their accumulation of new assets or in the affirmation of their rights to assets they had previously accessed. Other people may lose their previously existing rights to assets as a result of inheritance decisions that exclude them.

Examinations of women’s poverty commonly focus on the security of women’s access to assets, and especially land African contexts.  Women’s ownership of land leads to improvements in women’s welfare, productivity, equality, and empowerment, a proposition that has gained resonance in the international development policy arena.  Inheritance has gained profile as a public policy issue in African countries for several reasons.

Most prominently, inheritance has been tackled as part of the larger problem of property rights regimes that are discriminatory against women. International and domestic campaigns to redress women’s unequal property rights in African countries have advocated changes to inheritance systems within a broader reform agenda.

A major vulnerability for inheritance rights experienced among the vast majority of women in African countries is their insecure recognition as spouses with rights to marital property, either during or after the period of marriage.  This is true under customary as well as statutory systems of governance. Key issues relate to this insecurity: Customary marriages may be informally entered or exited and therefore spouses’ status is contestable during inheritance disputes; customary marriages are rarely legally registered and therefore women cannot claim spouse status under statutory inheritance laws. Statutory laws do not recognize a wife’s contributions to the acquisition of marital property and statutory inheritance laws do not make adequate provision for wives in polygamous unions.

Attaining equality between women and men and eliminating all forms of discrimination against women are fundamental human rights and United Nations values.  In this light, a good number of international conventions have been ratified by states that protect women’s rights to inheritance to wit: the convention for the elimination of all forms of discrimination against women, the International Bill of Rights,  the African Charter on Human and people’s Rights to name a few.

In Cameroon, there exists a framework for the protection of women’s rights to inheritance. The starting point for this framework is the constitution of Cameroon, Civil status Registration Ordinance, Non-contentious probate rules of 1954 and 46 (1) of the Administration of Estates Act 1925, and French Civil Code of 1804.

The Supreme Court’s decision in the landmark, Case of Zamcho Florence Lum v. Chibikom Peter Fru lends credence to the fact that women’s right inheritance is protected in Cameroon. In this case, the Supreme Court of Cameroon overturning the decision of the Court of Appeal held that the customary principle that denies a female the right to inherit her father’s property or to is declared next of kin is repugnant to natural justice, equity, and good conscience.

1.2 Statement Of The Problem

There is a legal framework for the protection of women’s right to inheritance in Cameroon; nevertheless, the framework is not a bed of roses. Women marginalization or better still inequality is a common phenomenon in Cameroon. Cameroon is yet to faithfully abide by the dictates of international and national legal instruments protecting women as a vulnerable group.   Women are subjected to archaic customs that are discriminatory.

Non-payment of dowry may deprive a woman of inheriting property. Even though section 61(2) of the Civil Status Registration Ordinance 1981 prohibits the payment of dowry as a condition necessary for a valid marriage, curiously, in Maya Ikome v Manga Ekemason formal none payment of dowry led the Buea Court of Appeal in the South West Province of Cameroon, to award property collectively acquired over thirty years of marriage by a widower and his deceased wife to the family on the premise that non-payment of dowry by the man invalidated the marriage.

Customary laws discriminate against women and do not consider women to own land. Most customs recognize only women’s usufruct and not ownership rights over land even over land purchase by the women themselves.  Women’s right to land is therefore derived from men either as wives, daughters, sisters, or in-laws in both patrilineal and matrilineal societies. This situation is boosted by patriarchy; a belief in a world where men dominate and control women.

1.3 Research Questions

This research seeks to answer the following questions

1. Discuss the concept of women’s rights to land and the causes for discrimination?
2. How effective are the measures put in place to promote women’s inheritance rights in Cameroon?
3. What policy recommendations can be made to redress the problems raised?