The Bill of Rights: Should women have a right to inheritance in South Sudan?

The Bill of Rights affirms the principle of equality between men and women in South Sudan

By Joseph Achiech Mathen (LLB), Kampala, Uganda

Thursday, 10 August 2023 (PW) — A bill of rights, also referred to as a declaration of rights or a charter of rights, is a list of the most important rights for the citizens of a country. The primary purpose of the Bill of Rights is to protect those rights against infringement by the state or fellow citizens. The Bill of Rights is in Part 2 of our Constitution of 2011.

Article 14 provides for “Equality before the Law”. All persons are equal before the law and entitled to equal protection of the law without discrimination as to race, ethnic origin, colour, sex, language, religious creed, political opinion, etc. Most women’s rights are also stipulated in the Bill of Rights.

For instance, article 16 provides for the rights of women: Women shall be accorded full and equal dignity of the person with men; Women shall have the right to equal pay for equal work and other related benefits with men; Women shall have the right to participate equally with men in public life.

All levels of government shall promote women’s participation in public life and their representation in the legislative and executive organs by at least 25% as an affirmative action to redress imbalances created by history, customs, and traditions.

In addition, the State is mandated to enact laws to combat harmful customs and traditions that undermine women’s dignity and status. Finally, Article 16 (5) stresses that women have the right to own property and share in the estates of their deceased husbands and any surviving legal heirs of the deceased. Similarly, Article 13 (4) of the Land Act 2009 states that women have the right to own and inherit property together with any surviving legal heir or heirs of the deceased.

South Sudan has many international legal obligations. It has ratified relevant international human rights treaties that protect and promote women’s rights. For example, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Maputo Protocol, referred to as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa.

Women in South Sudan make up more than half the country’s population. Whereas the law guarantees women’s rights, they have the most minor influence in society regarding inheritance, especially the right to access movable and immovable property. The common sense of marriage is that a married woman becomes a family member.

Thus, she is supposed to be entitled to whatever is left behind by her deceased husband. However, according to some customs, a woman is inherited by relatives of the deceased husband. That literally leaves her with no authority to inherit. In that sense, she is belittled by the status of the property. “No property inherits another property!”

Most women suffered greatly after the deaths of their husbands. They are always chased away from their matrimonial homes by the relatives of their deceased husbands. This leaves both the widow and her children in anguish. When some try to refer matters to court, they are often referred to the traditional authorities to address such disputes.

Unsurprisingly, these authorities resort to rigid customs that do not favour women. Women in South Sudan are the most affected group regarding inheritance. Most people believe a woman can leave her father’s house and marry anyone. Thence, not worthy of the inheritance.

It has been contended that different cultures play a crucial role in shaping society and that sections of society embrace negative cultural practices. If a widow remarries after her husband’s death, the late husband’s relatives take all the property away since they believe it belonged to their brother. It becomes vexatious if the deceased’s family does not want to assume sole responsibility for the deceased’s children.

Many societies still hold the perspective that boys are the most important, despite the presence of capable girls within families. This is still a result of some negative cultures. It is preposterous in the 21st century that some people still accept that boys are the backbone of families and girls will marry and go to another house. It is a wrong assumption and vindication to deny women their right to inheritance.

We must change and embrace the principle of equality. Men and women must be treated equally without discrimination regarding race, ethnic origin, colour, sex, language, etc. Women must be informed of their rights through awareness of laws and constitutional rights. There must be a sensitization of girls through girl-child education.

Harmful cultures and traditions that deny women inheritance must be abrogated. They are the hurdles to the full implementation of the Bill of Rights because customary law seems to override written law in South Sudan. However, that is against the principle of legality. Written law should outweigh customary practices.

Thus, the government should create awareness of the customs and traditions that discriminate against women and remove barricades that prevent them from inheritance. It should enact additional and more substantial laws and adopt policies promoting women’s inheritance rights.

It is essential because the constitution protects women’s rights to own and inherit property in South Sudan.

The author, Joseph Aciec Mathen, is a South Sudanese Lawyer, Writer and Activist who can be reached via his email: josephaciec66@gmail.com.

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