ANALYSIS OF THE LEGAL AND CULTURAL PERSPECTIVES
4.3 CULTURAL PRACTICES THAT INFRINGE REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN NIGERIA
4.3.1 Widowhood Practices
Widowhood is the loss of a spouse through death. Due to the communal nature of African society, extended families have a say in family matters – especially when a family member dies.
Legally, the death of a marital partner brings the marriage relationship to an end. In the case of Okonkwo v Okagbe & Anor, the Supreme Court of Nigeria held that “marriage ends whenever
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one of the spouses passes away”.45 However, in some traditional African societies, the death of a marital partner does not terminate the relationship between the families.46
When a man dies, his wife or wives begin a mourning period – which varies from one ethnic group to another. Among the Yoruba ethnic group in the south west, and the Binis in the south- south, the mourning period lasts a minimum of three months; other ethnic groups require the widow to mourn her late husband for 12 months.47 In most African societies, it is believed that the death of a man erodes his wife‟s rights and dignity. A popular saying among the Yoruba tribe express this axiom thus: “oko ni ade ori aya” – meaning that the aura, glory, dignity and covering of the wife is the husband, which symbolises a crown. The moment the husband dies, the crown is removed, and the wife loses her dignity. This is demonstrated by the dehumanising treatment meted out to widows.
In many parts of Nigeria, women that lose their husbands at an early age are subjected to dehumanising practices to prove that they were not responsible for their untimely death. In cases where the widow was never favoured by her husband‟s family – this is seen as an opportunity to vindictively settle scores. The woman is usually the prime suspect and is treated with contempt and disdain.48 Women submit to these dehumanising practices in order to prove their innocence.
This includes shaving their hair, ostracism, and being forced to drink the water that was used to bathe the corpse of the deceased. Resistance to such practices is tantamount to accepting culpability for their husbands‟ death. Other practices include forcing the woman to stay indoors for a certain period of time, sleeping on the bare floor, being forbidden to eat certain food, being forced to sleep with the corpse of the deceased, being forced out of the matrimonial home, and being deprived of basic personal hygiene – among others.
Funeral rites differ from one ethnic group to another. The Quas ethnic group in Cross Rivers state has special traditional rites that they observe when their traditional ruler dies. His widows are subjected to the dehumanising cultural practice of being confined to a particular corner of the
45 (1994) 9 NWLR (Pt. 368) 301, 346.
46 A. Emiola The principles of African customary law 2nd Ed. (2005) 111.
47 Ibid.
48 O. Gbadamosi Reproductive health and rights (African perspectives and legal issues in Nigeria) 1st Ed. (2007) 334.
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house, without being allowed to observe personal hygiene like bathing and brushing their teeth.49 Among the Ibo ethnic group in south-eastern Nigeria, widows are subjected to a similar ordeal.
The mourning period for a widow ranges from five months to a year.50 During this period, her head is shaved, she is restricted to wearing black, and she is not allowed to bath for the first seven days. In some cases, she might be forced to drink part of the water used to bathe the corpse of the deceased, in order to prove her innocence in terms of the death of her husband.51
The motivations for the widowhood ritual in most of the communities include: fortify the widow from any harm from the spirit of her dead husband; sever the bond between the widow and the deceased by shaving her hair; to cleanse her and release her from the marriage covenant; and to ascertain whether she was pregnant by the deceased, as she is confined at home for a certain period of time.52 The rituals are also performed to mortify the body of the widow to ensure that she is not involved in sexual relations.53 These kinds of practices clearly infringe women‟s human rights generally – and have severe physiological effects.
Furthermore, with the Ibo ethnic group, women are sometimes driven out of the deceased husband‟s house and the family members inherit his property.54 In other instances, a woman might be forced into a levirate marriage to a relative of her late husband. In many parts of Africa, widowhood is a time of great pain and anxiety; pain at the loss of a dear husband and bread- winner and anxiety about the unpredictable and harrowing experiences the deceased‟s family will impose on the widow. Many widowhood rites have lasting negative effects on a woman‟s physical and mental health and also social well-being.
More importantly, in most cases, such practices violate women‟s constitutional rights – such as the right to dignity, non-discrimination, and reproductive health rights. Widowhood rites represent an injustice done to women, solely on the basis of their gender and the belief that
49 Gbadamosi, note 48 (above) 338.
50 Ibid.
51 Idem 339.
52 J.O. Aransiola & A. Ige “Widowhood practices among the Yorubas of south west Nigeria: Are there differences in what women experience due to their status” (2010) 8(2) Gender and Behaviour 3152, 3514-3515.
53 E. Durojaye “„Woman but not human’: Widowhood practices and human rights violations in Nigeria” (2013).
Available at: civilistica.com//a.2.n.3.2013// 1, 8.
54 Ibid.
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women are inferior to men.55 This is tantamount to gender-based violence and discrimination, because men who lose their wives are not subjected to any rites at all. Indeed, when a woman dies, it is believed that her spirit might return at night to share her husband‟s bed. In view of this, the relatives of the widower will bring another woman to keep him company, in order to fend off the spirit of the dead wife.56 Widowhood rites violate international and constitutional provisions that prohibit inhumane and degrading treatment as well as the right against discrimination based on gender. When a woman is made to drink water used to wash a corpse, for example, her right to life is infringed upon as this is clearly a health hazard.57