Law, Culture and Women's Inheritance Rights in ... - Leitner Center

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y Mrs. Estelle Appiah, Principal State Attorney) [hereinafter AG Dep't Presentation]. [FN192]. AG Dep't Presentation, supra note 191, at 6; Interview with Vinolia Mantey, National Council on Women and Development, Ho (June 5, 2001); Interview with Rejoice Kasu, Epiphania Akoto-Ampow, and Eunice Dikro of December 31st Women's Movement, Ho (June 5, 2001). [FN193]. Kludze, supra note 41, at 2. In some areas in Ghana, there is also a customary law will, samansiw, which may be executed orally. The essential requirements include: (1) death bed declaration, (2) only self-acquired property may be granted under samansiw, and (3) one credible witness. Other requirements have been asserted in the past such as the need for the family's consent, the requirement of thanks offering to the testator or his family, and the limitation that one may not divest himself of more than half his self-acquired property to anyone other than his lineage. Id. at 158-60; see also Dankwa, supra note 41, at 2 (recognizing customary law tradition that husband could not give more than half of self-acquired property to non-family members). [FN194]. Wills Act, Act 360 (1971), § 13(1); Dankwa, supra note 41, at 5 (discussing this provision). [FN195]. Gordon R. Woodman, Ghana Reforms the Law of Intestate Succession, 29 J. African L. 118, 118 (1985). [FN196]. We have formulated many of the recommendations in concrete and specific terms with the hope that they might prove useful to those in Ghana working on these issues. We do not mean to suggest, however, that these recommendations represent the only route to compliance with international law. [FN197]. A number of articles written about Law 111 have discussed this problem with the statute. See generally Dowuona-Hammond, supra note 35; Mensa-Bonsu, supra note 164; E.V.O. Dankwa, The Application of Ghana's Intestate Succession Law, 1985 (P.N.D.C.L. 111) and Its Social and Economic Impact, in Recht in Afrika 235 (1998). [FN198]. Intestate Succession Law, P.N.D.C. L. 111 (1985) (Ghana), § 3. [FN199]. Id. §§ 3-4. [FN200]. Id. [FN201]. See Memorandum, Intestate Succession Law, P.N.D.C. L. 111 (1985) (Ghana); see also supra notes 147-49 and accompanying text (discussing purposes of the law). [FN202]. See supra note 161 and accompanying text. [FN203]. Interview with Mrs. Ellen A. Sweetie Asiedu Akrofi Sowa, Regional Director, Legal Aid Board, Western Region, Takoradi (June 8, 2001).
[FN204]. See Memorandum, Intestate Succession Law, P.N.D.C. L. 111 (1985) (Ghana). [FN205]. It is also less likely that a woman will have extra-marital relations because it is taboo for a woman in Ghana to have “adulterous” relations. See id. In contrast, “men do not commit adultery” in customary marriages in Ghana because they are free to have relations with any woman they choose. See Interview with Rosaline Obeng-Ofori, Actionaid, Accra (June 4, 2001). [FN206]. Interview with Mrs. Sheila Minkah-Premo, Apex Lawconsult, The Ark Foundation, Accra (Feb. 21, 2001); Interview with Hilary Gbedemah, Legal Officer, SNV/WILDAF Legal Awareness Programme, Ho (June 7, 2001). [FN207]. As noted by Mrs. Y'aa Amekudzi in Kumasi, “nowhere have I seen several women living together getting along.” Interview with Mrs. Y'aa Amekudzi, Director, The Center for the Development of People (“CEDEP”), Kumasi (June 6, 2001). [FN208]. Interview with Mrs. Sheila Minkah-Premo, Apex Lawconsult, Accra (June 4, 2001). [FN209]. Id.; Interview with Mrs. Ellen A. Sweetie Asiedu Akrofi Sowa, Regional Director, Legal Aid Board, Western Region, Takoradi (June 8, 2001); Interview with Mrs. Betty Mould- Iddrisu, Chief State Attorney, International Law Division, Accra (June 11, 2001) (commenting on the existence of “funeral children” or children who are unknown to the wife or family until the death of the man); AG Dep't Presentation, supra note 191. This is especially troubling because often the house is acquired through the joint efforts of the woman and man and will now be apportioned among other children and wives in light of presumption that all property is the self-acquired property of the man. This aspect of the problem will be discussed in greater detail below. See infra Part III.B.2. [FN210]. Interview with Mrs. Sheila Minkah-Premo, Apex Lawconsult, The Ark Foundation, Accra (Feb. 21, 2001). [FN211]. See Mensa-Bonsu, supra note 164, at 119-20. [FN212]. Interview with Justice Henry Kwofie, Circuit Court, Takoradi (June 7, 2001). [FN213]. Id. [FN214]. Interview with Ms. Beatrice Avorkliyah, Ho (June 5, 2001). The following factual account of Ms. Avorkliyah's case is based on this interview. [FN215]. Id. [FN216]. Interview with Ms. Patience Lassey, Ho (June 5, 2001). The following factual account of Ms. Lassey's case is based on this interview. [FN217]. Interview with Ms. Bernice Segbawu, Ho (June 5, 2001). The following factual account of Ms. Segbawu's case is based on this interview.
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FOR EDUCATIONAL USE ONLY 25 Fordham
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Gloria Ofori-Boadu, Executive Direc
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largely excluded spouses. [FN35] Th
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Nevertheless, despite this relation
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the estate assumed by the customary
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B. Constitutional and Statutory Law
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children; [FN166] (c) one-eighth to
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* * * * * The changes the Intestate
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elations that often exist among wid
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Where the intestate is survived eit
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collect and, because he has no chil
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husband's family denies her status.
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assistance was only minimal, the pr
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Ms. Mercy Dixon, who we met in Kpan
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above, her husband's family delayed
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