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      Widows as 'cultural tools' : translating widows' rights into local realities in Uganda & Nigeria

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      ADEFEMI-THESIS.pdf (748.9Kb)
      Date
      2015-03-31
      Author
      Adefemi, Adedoyin
      Type
      Thesis
      Degree Level
      Masters
      Metadata
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      Abstract
      This thesis examines the persistent widespread discrimination against widows in Uganda and Nigeria that results from mandatory observance of harmful widowhood rituals, interpersonal violence, disinheritance, and forceful deprivation of property in marriage, in violation of and contrary to the provisions of international and regional human rights conventions and domestic laws. The thesis argues that international, regional, and domestic laws have not been effective to address the violation of widows’ rights because the terms in which these laws are expressed are not meaningful at the grassroots level. The thesis proposes social, cultural, economic, and legal measures to address the use of widows as cultural tools. In this thesis, I use the term ‘cultural tools’ to refer to the use of widows in Uganda and Nigeria, as in many other sub-Saharan African countries, as embodiments of cultural identity, especially in most parts of rural areas. Widows are used as tools to perpetuate traditional cultural customs such as widowhood rituals, levirate marriages, disinheritance, and widow cleansing. Article 9 of the Universal Declaration of Human Rights (UDHR) proclaims that “all human beings are born free and equal in dignity and rights”. This provision is complemented by various international and regional instruments on discrimination and gender equality. Using the Igbo tribe of the Eastern part of Nigeria and the Baganda tribe of Uganda as case studies, my thesis examines to what extent widowhood rites amount to an infringement of the human rights of the widows in most part of the sub-Saharan African countries. The thesis examines the various international, regional, and domestic laws as they apply to or affect Nigerian and Ugandan widows either as a consequence of their status as widows or as members of the community. Thus, in light of the gap between international and state laws, on the one hand, and cultures and customary law on the other hand, this thesis draws insights from the concept of “vernacularization”. This approach combines the views espoused in Sally Engle Merry’s work and argues that to change the cultures and practices of customary law on the ground, initiatives must be taken at the grassroots level.
      Degree
      Master of Laws (LL.M.)
      Department
      Law
      Program
      Law
      Supervisor
      Vandervort, Lucinda
      Committee
      Odumosu-Ayanu, Ibironke; Findlay, Isobel
      Copyright Date
      February 2015
      URI
      http://hdl.handle.net/10388/ETD-2015-02-1972
      Subject
      Widows
      International Laws
      Regional Laws
      Domestic Laws
      Cultural Tools
      sub-Saharan African Countries
      Nigeria
      Uganda
      Vernacularization
      Disinheritance
      Interpersonal Violence
      Discrimination
      Gender Equality
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      • Graduate Theses and Dissertations
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