WUNRN
ISSUES OF
DISCRIMINATION IN WIDOWHOOD IN
SIERRA LEONE
that require addressing in
the context of the CEDAW
Margaret Owen, WPD (Widows for Peace through Democracy) Director
Laura
Castellan, WPD
Research Assistant, Intern
WPD hopes that this report will assist the Committee in
its examination of the Government of Sierra Leone’s report on its
implementation and compliance with the articles of the Convention.
As
in many countries, especially
those in conflict and post conflict situations, the status of their widows, and
also wives of the disappeared during the past conflict, is often ignored. Yet
it is widows and their children, particularly their daughters, who so often
suffer the most discrimination, direct and indirect, and this discrimination,
resulting in extreme poverty, marginalisation, and exposure to violence,
requires visibility so that it can be addressed by governments.
Since shortly after its independence, the history of
Sierra Leone has been characterized by instability, military coups, authoritarianism,
rebellions, and repression. Between 1991 and 2002, about 50.000 people were
killed in the civil war and 2.000.000 were forced to leave their homes and
become displaced or refugees. Sierra Leone is consequently home to huge numbers of widows, whose situation is characterized by disadvantages,
deprivations, violation of human rights and freedoms.
Widows’ situation seems to have been so far most
inadequately addressed by the Government and no official statistics on the
number of widows and their life conditions seem to be available. Keeping in
mind that the process of rebuilding Sierra Leone and re-establishing its failed
institutions is still underway, and that there is a shortage in funding to
compensate and give adequate assistance to all the victims of human rights
violations during the civil war, it nevertheless has to be pointed out that the
issue of widowhood is urgent and can’t be further postponed.
WPD hopes that this brief submission will assist the
Committee in its consideration of Sierra Leone’s State Report during its 57th
Session.
WPD
urges the Committee to question the Cameroon Government on the lack of any implementation or monitoring of the various
gender-related laws that should protect widows. The human rights violations
are not only suffered by illiterate rural widows, but across society, since
city dwellers retain always close links to the village.
It
is a well-known fact that the perpetrators of abuses such as denial of rights
to inheritance, land, property, custody of children, forced remarriage (for
example, in breach of the levirate law, Sec 77 (2) of the Civil Status
Registration Ordinance, 1981,) coercive degrading and harmful HTPs include, not
just rural people where traditional attitudes are deeply ingrained and knowledge
of modern laws is poor, but also many high-status important male figures in
government, and in the military. This is intolerable. These men should be role
models, and not perpetuators of discriminatory and abusive attitudes to women,
girls and especially widows!
1. Establishment of the truth and reparations are of the outmost importance for the rehabilitation
of all the victims, but especially of widows, who are among the ones who have
been and still are suffering the most due to lack of resources and
opportunities, poverty, uncertain legal status and social stigma. As stated by
the Sierra Leone’s Truth and Reconciliation Commission, war widows, together
with amputees, war wounded, victims of sexual violence and child victims, are
the most vulnerable victims. However, the Government action towards the
reparations recommended by the 1999 Lomé peace accord and the 2004 TRC report
has so far been delayed.[1][1] According to what reported to IRIN by NaCSA Programme
Manager Bangura (2009),[2][2] “A shortage of
funds means war widows are being registered but will not receive benefits until
at least 2010, while new housing, at $6,500 per unit, is expected to be given
only to amputees and war-wound victims.”
→ The Government should be required to explain
how its Reparation Programme (SLRP)
is being implemented, what has been achieved so far and when it will be
accomplished; how many widows are among its beneficiaries, how they have been
identified and registered and how they are being helped, both for what concerns
the establishment of truth and symbolic reparations, and practical support.
2. From the legal point of view,
equality between men and women is still undermined by Section 27 (4) (d) of the Constitution, which, as recognised by the
Government in its periodic Report,[3][3] “poses a
serious legal challenge to the spirit and letter of the CEDAW” by stating
that the principle of non discrimination doesn’t apply to laws that make
provisions “with respect to adoption,
marriage, divorce, burial, devolution of property on death or other interests
of personal law”. The threat posed to widows by this provision is clear,
and must be urgently addressed.
→ The Government should be asked to report on
steps undertaken so far for the amendment or expunge (by referendum) of Section
27 (4) (d) of the Sierra Leone Constitution, which is urgent and necessary to
impede the perpetration of lawful and justifiable discrimination.
3. According to Paragraph 31 of the periodic Report submitted by the Government,[4][4] the implementation of the Gender Justice Laws (Registration of Customary Marriage and Divorce Act, Domestic Violence Act and Devolution of Estates Act), is still problematic due to lack of resources, promulgation and partnerships; sectorial gender focal points in MDAs are still not functional. This lack of implementation has a special negative impact on widows’ life conditions and enjoyment of their rights. In fact, as recognised by the Government itself in its periodic Report,[5][5] domestic abuse includes “Economic abuse i.e. bread winner (men/fathers) not providing adequate financial support for the family; difficulties women face regarding land property; wife’s property considered as the husband’s; men spending much money on things other than their own hungry children and paying school fees.” Considering this, the vulnerability widows are exposed to is evident, especially taking into account the fact that “[…] in traditional customary law, the wife was herself considered the property of the husband and so whatever she owned devolved to the surviving husband on her death. Also a woman’s continued interest in a property owned by her husband was dependent on two factors: • whether she bore children with the husband, or • whether on the death of her husband she chooses to remarry a male relation of her deceased husband. If none of these factors exist, the woman/widow loses every right or interest in her deceased husband’s property.” [6][6] Due to social and cultural stereotypes and stigma, many widows in Sierra Leone have not only their possessions, but also their children, taken by the family of the deceased husband; they are outcasts and have little or no chance to remarry. This is not only a traumatic experience, but also one that leaves them destitute, without opportunities. Many of them are forced to remarry to a relative of the deceased husband, as happened, for example, to many young girls among the Fula[7][7] (against Article 16 of the CEDAW).
→ The Government should be asked to report on
the measures undertaken so far to implement the principle of equality of rights between men and
women (as enshrined not only in the CEDAW, but in the Constitution of Sierra
Leone itself) and to face legal and societal discrimination, with particular
attention towards harmful traditional practices.
→ The Government should be asked to explain how
it is implementing the Article 5 of the CEDAW, which requires to State
Parties to modify the social and
cultural patterns of conduct of men and women in order to eliminate
prejudices and customary and all other practices which are based on the idea of
the inferiority or the superiority of either of the sexes or on stereotyped
roles for men and women.
→ The Government should be in particular called
to forward details on the status of implementation of the Gender Justice Laws
and on widows’ access to property and
enjoyment of the right to property, and especially on the implementation of
the Devolution of Estates Act No. 21 (through which it has formally repealed
all the discriminatory provisions of law and practices against women in the
distribution of estate), particularly in rural contexts where customary law is
stronger (Article 14 of the CEDAW).
4. Having to face lack of
opportunities and resources, widows
in Sierra Leone adopt coping strategies
that often, even when they don’t lead them into informal labour, illegality and
further victimisation, force them and those dependant on them to live with no
stability and zero margin for any crisis. Temporary and no sustainable
solutions offered by emergency assistance have often been outstretched in the
long term, due to necessity; consequently, widows don’t have the chance to move
beyond basic subsistence.[8][8] The difficulties that widows have to face reflect on
those depending of them, especially on their children and on the other orphans
they often accept to take care of. Food, housing, clothing, education, health
are necessary, but in many cases difficult to afford, especially when the
family of the deceased husband doesn’t have a sympathetic approach and access
to loans and benefits is not possible.[9][9]
→ According to Article 6 of the CEDAW,
the Government should be held responsible to undertake all efforts possible in
order to impede that widow’s coping strategies lead them and their families
towards illegality, exploitation, marginalization and extreme poverty; both
material and psychological support strategies are to be taken into account. The
Government should be asked to explain the actions undertaken so far to protect
and support widows and those dependant on them.
WPD thanks the Committee for inviting it to submit
this report. Please contact us if you require any further information.
WPD (Widows for Peace through Democracy)
Telephone:
0044
(0)20 7 603 9733
Email: director.wpd@gmail.com
http://www.widowsforpeace.org/default.asp