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ECONOMIC FACTOR FOR ALL

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CENTRAL to our African social structure of societies, are cultural and traditional norms, classes, strata and the nature of work incentives. Property relations form all other kinds of economic relations and are the backbone and so basic.Enhance the importance of the problem of property inheritance in connection with the transition to a market economy, as it is the foundation of the property becoming a new economic organisation of society.


Therefore, economic reform must begin with the transformation of property in relation to women empowerment, economically and understanding gender dynamics in a family setup when the man in a household passes on, regardless of presence of a will or its absence.  An inheritance may consist of property, money and securities to provide surety for its beneficiaries. The condition of the estate may be the product of birthright, hard work or even immoral acts. The deeds, beliefs and ethics of the bestower can have a deeper impact on the heirs than the estate itself. The scions’ lives may be affected by the psychological, emotional or spiritual components of their inheritance.


In African societies, land is recognised as the primary source of wealth, power and social status. It is the most significant provider of employment in rural areas and is an increasingly scarce resource in urban settings. Further to this, it defines land as a social security of the last resort for many people, women inclusive. The importance of agriculture in Africa, as many countries’ economies are agri-based and land cannot be over emphasized.


Agriculture is the mainstay of economic activity of many people for both commercial and subsistence. While most men are heirs of most properties, women remain at the receiving end. Despite women being part of men’s struggle in acquiring wealth when death takes away the man, women and children become victims overnight especially girls all because of their gender. 


However this does not vitiate the glaring discrimination of inheritance faced by women in both the customary and formal system of land tenure. This is as a result of culturally embedded discriminatory beliefs and practices, and male control of inheritance systems.


It is very troubling to witness  a woman and her children, in this case girls, have only a life interest in the property of her deceased husband and father, and if he dies, her interests and that of the girl child ceases. Culture views women as chattels, properties of men, and so the woman, upon the demise of her husband, his relatives will inherit her along with his other properties and to the extreme she is left with nothing. The Hegemony that is practiced in many African societies by men, which is also supported by the law of national governments to some extent, has given them the impression that they can do whatever they please and get away with it. In return daughters are precluded from succeeding their father’s property. The sad resultant effect of all this is that the fate of a woman is hanging on the kindness of the husband’s family or her fortune of bearing a male child.


According to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) Part 1 to 3 of the articles, outlines and describes women’s rights in the public sphere with an emphasis on political life, representation and rights to own property. Further to this are economic and social rights of women, particularly focusing on education, employment and health, special protections for rural women and the problems they face.


When women and their children, particularly girls, are robbed of their inheritance, they are most likely to be exposed to gender-based violence due to lack of economic empowerment and their powerless positions. The dignity of women, through these discriminatory acts, has been greatly trampled upon. One of the excuses from other African societies for discrimination in inheritance is exogamy, as it is believed that allowing women to inherit land would result to a transfer of family land to another lineage if, in the case of a daughter, she marries, or a widow re-marries. Some of the reasons men have given for their strong believe and support of women not inheriting land are flimsy.


Women have exhibited a high level of intellectual achievement both at national and international spheres. ‘The quest for congruence between cultural traditions and modern national and international legal standards should be a ‘theme for growing interest’. The assumption that ‘national human rights standards enshrined in national constitutions reflect the collective national conscience, they present a higher order of human aspirations with a more effective mechanism for the promotion and enforcement of equal rights just as the Sexual Offences and Domestic Violence (SODV) Act is enforced.


The United Nations and its bodies have continually affirmed the right to equality before the law without discrimination on the basis of gender. Article 1 (3)  of the United Nations Charter, states that the purposes of the United Nations are to achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, gender, language or religion.



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