Widowhood is not a crime: Standing Up for the Rights of Widows in Cameroon and Beyond.

A widow is a woman whose husband has died and who has not remarried. The term specifically refers to a woman’s marital status following the death of her spouse. Widowhood can bring profound social, economic, emotional, and even legal challenges, especially in societies where a woman’s rights or status are closely tied to her husband.

While "widowhood" isn't explicitly named in many international human rights treaties, the rights of widows are protected under broader provisions upholding women's equality, dignity, and protection against discrimination. Key instruments that protect widows' rights include:

-The Universal Declaration of Human Rights (UDHR, 1948): Article 1 states, "All human beings are born free and equal in dignity and rights," and Article 17 declares, "Everyone has the right to own property and not be arbitrarily deprived of it." "Everyone" includes widows.

-The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979): This obliges states to eliminate discrimination against women in all areas of life, including family relations, property, and inheritance. Article 16 specifically ensures equal rights in marriage and its dissolution, which encompasses the rights of widows.

-The International Covenant on Civil and Political Rights (ICCPR, 1966): This protects against discrimination and guarantees the right to be free from degrading treatment—which many harmful widowhood practices violate.

-The International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966): Article 3 promotes equal rights for men and women, while Article 11 addresses the right to an adequate standard of living, including housing, which is often denied to widows.

Beyond global treaties, regional instruments also offer crucial protections:

-The African Charter on Human and Peoples’ Rights (1981): Article 18(3) stipulates that "states shall ensure the elimination of every discrimination against women."

-The Maputo Protocol (Protocol to the African Charter on the Rights of Women, 2003): This protocol specifically addresses harmful practices like widowhood rites, forced evictions, and disinheritance – vices many widows in Cameroon experience daily.

The UN Commission on the Status of Women (CSW) has also repeatedly addressed widowhood, highlighting its global significance.

Challenges Faced by Widows in Cameroon and Africa

Widowhood in Cameroon and across Africa is deeply influenced by cultural, traditional, and socioeconomic factors. While experiences vary by country, ethnic group, and religion, common patterns and challenges persist. 

In most parts of Cameroon, widowhood is marked by elaborate mourning rituals that can be burdensome and harmful. These include isolation and confinement, wearing specific mourning clothes (black or white), hair shaving, public crying or wailing, and sitting on the floor. In extreme cases, some customs demand the widow drink water used to wash the deceased.

Some communities even expect widows to prove their innocence regarding their husband's death. Furthermore, many widows are expected to marry a male relative of the deceased (widow inheritance) and risk being chased from their homes or stripped of inheritance if they refuse. It's sadly common for widows to be denied their rights to property, land, and even have their children seized. Many become homeless and destitute.

The Gap Between Law and Practice in Cameroon

Cameroon's legal framework includes laws that should protect and promote the rights of widows, including the Penal Code (prohibiting cruel, inhuman treatment). It’s important to note that international treaties and conventions ratified by Cameroon should, in principle, override national laws. 

Unfortunately, customary laws often supersede these statutory laws in practice. This means if a widow faces a violation, she usually needs to seek redress through the formal justice system, which is a significant hurdle. 

Very few widows can afford legal representation or are even aware of their rights. The judicial system is also notoriously slow and often inaccessible, especially in rural areas.

Widowhood is a deeply personal, yet profoundly socially and culturally significant experience. It affects not only the emotional life of the widow but also her social, economic, legal, and psychological well-being. 

The death of a spouse brings intense grief and distress, particularly when sudden or violent. A widow's mental health is often affected, leading to an increased risk of depression, anxiety, loneliness, and sometimes even suicidal thoughts. 

In many cases, it comes with a devastating loss of income or financial support, especially if the husband was the primary breadwinner. Some widows are left with the burden of single parenthood, becoming sole caregivers without any support. Being a widow is undeniably hard; offering support to widows goes a long way in making their lives better.

A Global Call to Action

In 2010, the UN General Assembly recognized June 23 as International Widows Day, calling for an end to harmful practices against widows and for their inclusion in national policies. 

This day is commemorated each year to raise awareness about the challenges and injustices faced by widows worldwide. It's not just a day to highlight inhumane and degrading practices but also an opportunity to advocate, support, and give widows a voice in our communities. 

It encourages stakeholders to remember international treaties and human rights laws, standing up for dignity, justice, and equal rights for widows around the globe.

What Must Be Done?

1. Legal Reform and Enforcement: We must ensure widows' rights are protected through the full enforcement of national and international laws.

2. Public Education: Mindsets need to shift through sustained awareness campaigns that challenge harmful traditions.

3. Access to Justice: Provide accessible legal aid and robust protection for widows seeking redress.

4. Social Protection: Include widows in welfare and economic empowerment programs to secure their financial stability and well-being.

Conclusion

Widowhood should never mean the end of dignity. It is time we challenge the silence and stigma surrounding this vulnerable group. As a nation and as a continent, we must protect our mothers, sisters, and daughters when they are most vulnerable. The law is on their side. Let us be, too.

By Barrister Chefu Sirri, is a Lawyer and Women's Rights Activist, Founder ChefuSirri Foundation