TANZANIA is yet to see an end to true stories of widows or female children denied their inheritance rights.
This situation arises out of the fact that there are still many people in the country who have stuck to traditional practices that do not allow women or girls to inherit property left behind by their husbands or parents, respectively.
In the distant past, the existence of the problem was solely attributed to ignorance. However, as more and more people become educated in the full sense of the word, it is a pity that those perpetuating this evil are none other than some of the educated sons of the land led by sheer greed.
When asked to justify their behaviour, most such people cite the long-outdated belief that women’s autonomy is subject to male guardianship and authority.
While in many places around the world women still face discriminative inheritance laws, in Tanzania a number of court rulings have long abrogated the customary law denying widows inheritance rights.
Nevertheless, there are still people not observing the legal equality between men and women, and that’s when we find gaps between law and practice at the grassroots level.
Even worse, there are still ‘pockets’ in some communities where women inheritance – that is, the ‘passing on’ of widows is still practised – even as this exposes the women concerned to extreme humiliation and oppression.
AIDS led to a rise in the number of widows without precedent, with women inheritance further accelerating the explosion.
There is nothing as telling as death, and we have seen so many in our midst succumbing a syndrome they could have steered clear of.
Yet we still behave so selfishly, greedily, callously and otherwise irresponsibly that we plunge ourselves in into danger while also subjecting people intolerable mental and physical torture.
All of us should remember that all human beings are born free and equal in dignity and rights as well as that everyone is entitled to all the rights and freedoms set forth in the Universal Declaration of Human Rights.
These ought to apply without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Furthermore, everyone has the right to own property alone as well as in association with others without any possibility of being arbitrarily deprived of such property.
We were therefore encouraged when it once came to pass that the then Justice and Constitutional Affairs minister officially announced an the end to discriminatory customary practices and laws that prevent widows and female children from inheriting property left behind by husbands and fathers.
The good minister said it was wrong and against court procedures to employ customary laws that had been long nullified by the High Court.
It was understandable for people to appreciate the government’s legal position, while also recalling that the Law Reform Commission had long conducted studies on discriminatory laws, among them the Children, Marriage and Inheritance Act and made highly laudable recommendations.
To add weight to all these, basing on court precedents in efforts to protect such ‘vulnerable’ women and children, it is prudent to ensure that the country’s statutes should fully accommodate the rights of women and children in line with the Universal Declaration of Human Rights and the like.
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