SUB-SAHARAN AFRICA

Women’s rights in the family including parental authority and access to inheritance may become
even more vulnerable when they become widows. This is an important issue for the region as it has
the highest levels of widows globally with over 40% of women aged 60-64 being a widow. This is due
to the high rates of HIV/AIDS and conflicts as well as large age gaps between spouses connected to
early marriage (UN, 2015b; Population Council, 2014). SIGI country profiles for the region highlight the
multiple discriminatory practices widows face including reports of property grabbing (e.g. Burkina
Faso and Swaziland), forced eviction (e.g. Guinea-Bissau) and levirate inheritance, where women are
considered to be part of their deceased husband’s property (e.g. Mali).
Levirate marriage, where widows are obliged to marry the brother of their deceased husband
in order to keep patrilineal property together, is common across the region and remains legal under
certain customary laws (e.g. Gambia and Mali). Levirate marriage may exclude women from accessing
their inheritance unless they agree to marry a male relative of their husband. These practices restrict
women’s rights in the household, often making them dependent on their husband’s family (COHRE,
2004). Countries have taken measures to criminalise such discriminatory practices towards widows
including levirate marriage (e.g. Benin, Burkina Faso and Togo). Nevertheless, the practice remains
common and widows may risk losing their home and children if they refuse marriage.
The majority of countries in the region have legislation providing for women’s right to initiate
divorce. Nevertheless, four countries in the region still legally discriminate against women concerning
the right to initiate divorce (Gabon, Mauritania, Niger and Sudan). In the remaining countries, women
have the same legal rights as men to initiate divorce. However, SIGI results reveal discriminatory
customs or practices in 15 countries, negatively impacting women’s ability to claim their legal rights
(e.g. Botswana, Guinea, Lesotho and Nigeria). For example, in Lesotho, women and men are accorded
equal rights to initiate divorce, but this excludes customary marriages under which women’s rights
to divorce are limited (US State Department, 2012). Women may face social stigma and economic
hardships after divorce. Where bride price is practised, women may be forced to repay their bride price
to acquire a divorce (e.g. Democratic Republic of Congo and Liberia). In Uganda, a recent Supreme
Court ruling found this to be illegal under Article 21(2) of the Constitution as it perpetuates “inequality
between men and women” (Mifumi (U) Ltd v. Attorney General, 2014).
3.1.4
Figure 3.1.4. Time spent on housekeeping activities by Ghanaian women and men
Fetching water
150
Cooking
120
90
Collecting firewood
60
Caring for children
30
0
Washing clothes
Women
Men
Washing dishes
Cleaning
Running errands
Note: This figure presents the time spent in minutes per day by Ghanaian women and men on housekeeping activities in 2006.
Source: Ghana Living Standards Survey 2005-06.
SIGI sub-index The analysis SIGI 41