Widowhood Practices and the Rights of Women: The Case of South-Western Nigeria

This research examines the widowhood practices and rights of women in South-Western Nigeria and discusses how the widows can be protected through the localization of human rights terms. The context, causes and impact of the widowhood rituals, in relation to how the traditional practice infringes on the rights of Yoruba widows are central concerns of this research. In addi-tion to this, debates on common and challenging elements that are intimately linked to Yoruba widowhood practices are conceptually and analytically mapped-out, in light of prevailing customary law, national legislation and inter-national human rights laws. Regarding the conceptual frameworks and ap-proaches used, the study explores gender relations, gender-based violence, legal pluralism and human right-based approaches, using CEDAW and the Protocol to the African Charter of Human and People’s Rights. It is conceived as a desk study on secondary data. Through informal interviews, literature study and us-ing my personal experience and knowledge of the widowhood practices since 1999, valued analysis was carried out. The findings of the study reveal contra-dictions and uncertainties about the connection between traditional widow-hood rituals and pluralism issues which are deeply rooted in unequal power relations, religion, socio-cultural, and legal elements germane to South-Western Nigeria. These factors subject widows to hybrid discriminatory customary practices which have severe implications on their existence and amount to in-fringement of their fundamental human rights as enshrined in the 1999 Consti-tution of the Federal Republic of Nigeria, treaties and other international legal instruments. In reality, translating human rights ideas in locally-relevant terms, possibly results in a new dimension for women’s freedom. But implementing human right ideas in the Yoruba contest still has a long way to go. Some of the fears and doubts among relativists, Universalists and legal pluralist scholars are still reinforcing the controversies connected to the applicability of human rights ideas in local terms and these tensions are social headaches for reconcili-ation in this debate. I argue that, as much as civilization, urbanization and a few other factors influence the widowhood practices, reconciling the tension through vernacularizing universal values of human right in the local social con- ix text in Yorubaland perhaps is possible. However, its success will not be spon-taneous. While I believe there is more to do on widowhood practices in South-West Nigeria, I propose a number of recommendations to strengthen the dis-course on the rights of widows in future.