WIDOWHOOD PRACTICES AND THE RIGHTS OF WOMEN

WIDOWHOOD PRACTICES AND THE RIGHTS OF WOMEN

Abstract

This research examines the Widowhood Practices and the Rights of Women and discusses how the widows can be protected through the localization of human rights terms. The context, causes and impact of the widowhood rituals, in relation to how the traditional practice infringes on the rights of Yoruba widows are central concerns of this research. In addition to this, debates on common and challenging elements that are intimately linked to Yoruba widowhood practices are conceptually and analytically mapped-out, in light of prevailing customary law, national legislation and inter-national human rights laws. Regarding the conceptual frameworks and approaches used, the study explores gender relations, gender-based violence, legal pluralism and human right-based approaches, using CEDAW and the Protocol to the African Charter of Human and People’s Rights. It is conceived as a desk study on secondary data. Through informal interviews, literature study and using my personal experience and knowledge of the widowhood practices since 1999, valued analysis was carried out. The findings of the study reveal contra-dictions and uncertainties about the connection between traditional widow-hood rituals and pluralism issues which are deeply rooted in unequal power relations, religion, socio-cultural, and legal elements germane to South-Western Nigeria. These factors subject widows to hybrid discriminatory customary practices which have severe implications on their existence and amount to infringement of their fundamental human rights as enshrined in the 1999 Constitution of the Federal Republic of Nigeria, treaties and other international legal instruments. In reality, translating human rights ideas in locally-relevant terms, possibly results in a new dimension for women’s freedom. But implementing human right ideas in the Yoruba contest still has a long way to go. Some of the fears and doubts among relativists, Universalists and legal pluralist scholars are still reinforcing the controversies connected to the applicability of human rights ideas in local terms and these tensions are social headaches for reconciliation in this debate. I argue that, as much as civilization, urbanization and a few other factors influence the widowhood practices, reconciling the tension through vernacularizing universal values of human right in the local social context in Yorubal and perhaps is possible. However, its success will not be spontaneous. While I believe there is more to do on widowhood practices in South-West Nigeria, I propose a number of recommendations to strengthen the discourse on the rights of widows in future.

Chapter 1

Introduction

Across African societies, women continue to struggle for gender equality and women’s rights issues. In support of the women’s rights’ struggle, several human rights instruments such as CEDAW, the UDHR, the ICESCR, the African Charter on Human and People’s Rights, and national Constitutions made deserving headway (Wanitzek, 2008: 34, Merry, 2006: 2). However, overall still not much attention is devoted to widowed women in Africa. Particularly the way in which widowhood rites undermine the rights of women in South-Western Nigeria, where this research focuses on requires attention.

This research describes how widowhood rites in Yoruba land are practiced, and also examines the reasons that underlie the persistence of these practices and the way the rites undermine the rights of women in spite of the prevalence of human rights law with respect to discrimination, inhumane treatment and deprivation of social and economic rights. It also describes how gender emerges from the social processes that result in the harmful traditional practices in South-Western Nigeria. The Yoruba land that this paper examines differs slightly in terms of the way widowhood rites are practised but it has some similarities with other geo-political zones in Nigeria too. It explores the women’s human rights in the context of international law and national legislations, and legal pluralism. Further, it develops a Human Rights-Based Approach (HRBA) to widowhood practices in Nigeria, using CEDAW and the Maputo Protocol.

This chapter presents the problem statement, relevance, justification and objectives of the research, research questions, background, research methodology, methods and sources of data and structure of the paper.

WIDOWHOOD PRACTICES AND THE RIGHTS OF WOMEN

Chapters: 1 - 5
Delivery: Email

Number of Pages: 68

Price: 3000 NGN

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