Le site de vulgarisation scientifique de l’Université de Liège. ULg, Université de Liège

Inheritance disputes in Black Africa
1/8/13

Succession also plays an important role in the nomination of the leadership of the chefferie, when a traditional chief dies, because it is generally carried out in a hereditary manner. Yet the traditional chief has considerable powers. ‘He is the spiritual element, he serves as an intermediary between the community and its ‘invisibles’,’ explains the thesis author. ‘He also has large economic power because he owns and shares all the grounds, despite the creation of title deeds. His power is so great that in our African democracies, where politicians do not generally have great electoral foundations, it is vital that they convince a chief to vote in their favour because the people are very attached to their chief and many will carry out his voting instructions.’

The successor inherits the daughters and widows of the deceased!

familleafricaineThe position of the daughter and the widow is one of the most spectacular differences regarding succession as it is stipulated by tradition and modern law. Joseph Bomda: ‘In the traditional viewpoint, as the deceased continues to exist through his successor, his wives and daughters become those of the heir. The daughter is considered as an asset, as her family will receive a dowry when she marries. Wives and daughters are thus people-assets, passed on to the successor in the same way as personal property and real assets. The mother of the successor will for her part marry a brother of the deceased. The tradition has nevertheless been adapted somewhat. A traditional symbolic ritual has been established for a successor who does not wish to marry the wife of the deceased: the woman sits on the ground, with her legs and feet stretched out, and the successor carries out back and forth movements stepping over her feet. Following this ritual, a symbol of copulation, she is free to marry another person, but when she dies in her turn it is the family of the successor (which has received her dowry) which will be responsible for her funeral.’

It is difficult, even for an intellectual woman, not to submit to traditional law. They could cite modern law to refuse to marry their husband’s successor, but they risk being held responsible if some misfortune should befall the family, and they will be said to have drawn curses upon it. ‘If a girl opposes traditional norms by leaning on modern law she risks turning the whole community against her,’ notes Joseph Bomda. ‘We have heard of cases of attempted murder, poisonings. That said there also exist women who are happy to take their husband’s successor in a second marriage and remind him that they have to assume this law. Certain women agree to get married to the successor because he is rich or has human qualities which kindle feelings of love.’

Juridical pluralism sometimes leaves Cameroon open to criticism for noncompliance with the provisions of international pacts, agreements and conventions it has ratified. ‘In 1999 for example, Cameroon was called before the United Nations Human Rights Commission, which was concerned about the consequences of the dualism of the jurisdictions on the management of questions concerning the status of women. The Commission’s evaluator revealed that there existed provisions of the International Covenant on Civil and Political Rights which Cameroon could not respect due to certain aspects of customary law.’

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