WUNRN
SIERRA LEONE - LAW ON WOMEN'S RIGHT
TO PROPERTY BUT MANY WOMEN
AND AUTHORITIES DO NOT KNOW
ABOUT OR UNDERSTAND THE LAW
Bhoyy Jallohby Mohamed Massaquoi
23 March 2009
Freetown — In Small Bo chiefdom Kenema district, as in much of Sierra Leone, women are still deprived of inheriting property left behind by their husbands.
It is a burning issue even though the Devolution of Estate Act, which was
passed in 2007, criminalizes the act of depriving a woman from inheriting her
husband's property after his death. The act further states that it is an
offence to eject a surviving spouse or child from the matrimonial home before
the formal distribution of the estate.
Chapter three of the 1991 Constitution of Sierra Leone states that the fundamental human rights and freedom of every individual in Sierra Leone must be recognized and protected.
Article 23 of the International Convention on Civil and Political Rights recognizes the right to equality in marriage. This means that men and women have the same rights and responsibilities during the marriage and at its dissolution.
Despite this, none of the women in Wiama village in the Small Bo chiefdom in Kenema district own land.
When Jatu Lansana's husband died some years back, her own family wanted to take her to another community. But her husband's family refused on the grounds that she has given birth to children in the family and it would be unfair to take all the children to another family.
"I was here for five years without a husband," Lansana said. "All the property my husband left behind was taken away from me. I was abandoned by both my husband's family and even my children."
One of her husband's brothers decided to marry her. She denied because of the difficulties she had undergone, but was forced to agree.
Mamie Kamoh said the vast cocoa and coffee plantations left behind by their father were claimed by her three younger brothers on the pretext that they are the head of the family and they take care of the home while she is away with her husband.
It is stated in the Devolution of Estate Act that where there are only children left, each child should get an equal share of the estate.
"Since my brothers started working in I have not received anything from them. I requested for Le 50,000 to pay the school feels for my son but there was no money," Kamoh said.
"The other time I attempted to enter the plantation I was sued to a native court in which I was fined Le 100,000. I felt dejected because the property by right belongs to all of us."
Tajoh Mamoh wanted to construct a two-room building on her family land, and told her family and the town chiefs about it.
"It was at that moment that my brother informed that chiefs that he wanted to construct a house on the same land," she said. "I was deprived because the land was given to my brother. Up till now he has not started the construction."
Being able to inherit and own property means women can be self reliant and provide for their children on their own.
Part of the problem is that many people do not know about the new Devolution of Estate Act, which was passed in 2007. To help address this, the Lawyer's Center for Legal Action (LAWCLA) has put the new laws into clear language that is easier to understand.
Doris Kalle, the regional coordinator for the Coalition of Women's Movement, said her organization has also embarked on a massive sensitization campaign in the district. They are educating women and traditional authorities on the new laws.
"A lot of women have been mainly complaining about the distribution of property especially plantations left behind by their husbands," she said.
"We are still faced with the situation where men feel their wives are property to them. We don't have proper bylaws that clearly define the rights of women in this community," she said, adding that it is imperative to explain the gender acts in local languages so that people will understand.
The Movement for the Restoration of Democracy (MRD), a non-governmental organization based in Kenema, is using radio programmes to educate people about the new laws.
Patrick Adu, who works with the MRD, said in the case of property devolution, the general practice in remote communities is that the widow herself is regarded as a property to be inherited together with the deceased husband's property.
If she does marry one of her late husband's brothers, she may enjoy whatever benefit he derives from the estate. In the event the wife refuses to be "inherited" by one of the husband's relations, only her personal belongings will be given her.
Adu said that when a woman decides not marry her husband's relations, traditional divorce laws may be invoked, keeping her from getting the property. "This is responsible for most of the problems in our villages," he said.
Generally under the customary law, the widow is not entitled to take out letters of administration; such rights are given to the eldest surviving male in the deceased's family. If the wife succeeds to get any property at all, she will only be given one-third of it.
Local bylaws are used in most parts of the country.
According to David Kallon, a court clerk of native administrative Court No. 4 in Kenema, the chiefdom committee drafts the laws and passes it on to the local chief administrator for approval.
But the bylaws currently in use were drafted in 1963 and have not been updated with any new laws, such as the gender acts.
He said the court only gets involved with disputes when someone makes a complaint. That means that people must understand the laws.
"We don't call on cases from either the woman or her husband's family but if there is any conflict among them it is the responsibility of the aggrieved to report to the court so that the court can make a ruling," he explained.
Another problem, he said, is that the local courts lack the support to adjudicate cases properly. This leads to delays.
"Court officers are not paid. Our bylaws are not properly written. These are all compounded in the delay in of justices in our communities," Kallon said.
Jennah Kandeh, the deputy minister of Social Welfare Gender and Children's Affairs, expressed the government's commitment to ensure that the gender laws are properly implemented in the interest of women and society.
She said the law was instituted to put an end to impunity against women and children.
Kandeh said her ministry has established a committee that is devoted to the sensitization campaign so that women at grassroots communities and their local authorities understand the new laws.
"We know that women are going through a lot of difficulties but with the concerted efforts by women's organizations like the 50-50 Group and other partners in the fight, much will be achieved though community sensitization," she said.
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