Created January 2011    

Governmental Response

In order to comply with international human rights treaties, the governments of many countries have accomplished legal reforms that could be used to protect widows’ rights; however, local interpretations of customary or religious law in this area often take precedence, to the detriment of widows and their children. From Margaret Owen, A World of Widows. For example, in Zambia, although the constitution guarantees equality, it specifically excludes these guarantees from applying to matters which fall under customary or family law. From Margaret Owen, A World of Widows. Even without such specific exclusions, local councils/courts often choose to apply customary rules. In Ghana, Malawi, Nigeria, Zambia, and Zimbabwe, although equality legislation has been adopted in order to comply with human rights instruments, localities often opt to use traditional discriminatory practices instead of modern laws. From Widowhood:  Invisible Women, Secluded or Excluded, Women 2000 and Beyond, Division for the Advancement of Women, United Nations Department of Economic and Social Affairs. In this way, widows are deprived of their rights and subject to discrimination.

In addition to constitutional guarantees, the governments of many countries have adopted social programs or policies aimed at providing better protections for widows; however, these changes have not yet resulted in significant improvements. In India, Bangladesh, and Pakistan, widows’ pension funds have been established to provide social security to destitute widows. These programs have been criticized for providing inadequate amounts of financial assistance and for relying on corrupt systems of allocation, leaving the poorest women with the least support. From Margaret Owen,

A World of Widows. In several African countries and Indian states, policies have been adopted which give equal rights to women in inheritance law and make it illegal to disinherit widows. In practice, widows must give up their rights to land due to societal pressure from local interpretations of customary law. From Margaret Owen, A World of Widows.

Some countries have enacted programs to assist or allow women to pursue economic independence and security after being widowed, including food-for-work and public works programs. In fact, in many ethnic groups in Africa, widows have more freedom to participate in economic activity than married women, resulting in large numbers of West African widows successfully undertaking trade and entrepreneurial opportunities. From Margaret Owen, A World of Widows. Yet, in some countries, laws and policies severely limit the opportunities for women to work outside the home. For example, in Afghanistan, where the United Nations estimates there are 2 million war widows who are the sole providers for their families, the Taliban interprets Islamic law to forbid women from working outside the home. From Widowhood:  Invisible Women, Secluded or Excluded, Women 2000 and Beyond, Division for the Advancement of Women, United Nations Department of Economic and Social Affairs. Even when there are programs in place that offer work opportunities to widows, they must face the reality that they will be paid less than men for the same work. For example, although public works programs in India provide employment opportunities for widows, they are paid significantly less than men, despite the fact that they are often the sole provider for themselves and their children. From Margaret Owen, A World of Widows. This leaves widows without viable options for securing necessities, such as food, shelter, and school fees for their children, and often results in widows taking exploitative informal sector work such as begging, or prostitution. From Widowhood:  Invisible Women, Secluded or Excluded, Women 2000 and Beyond, Division for the Advancement of Women, United Nations Department of Economic and Social Affairs.

In some countries, there are policies in place to provide for security of shelter for widows and their children. In Zimbabwe, the lease relating to a municipal house is automatically transferred to a widow upon the death of her husband. In some Indian states, legislation has been passed providing for joint ownership of property by husband and wife. From Margaret Owen, A World of Widows. However, it is more common for customary barriers to ownership of housing and land to be applied to widows, forcing a widow to find other shelter upon her husband’s death. From Widowhood:  Invisible Women, Secluded or Excluded, Women 2000 and Beyond, Division for the Advancement of Women, United Nations Department of Economic and Social Affairs.

As the situations in many developing countries illustrate, even when legal reform is achieved, widows must be aware of their rights, widows must be willing to demand enforcement of these rights, and local councils/courts must be willing to apply the legislation protecting widows instead of traditional practices relying on customary or religious law.

NGO Response

Beyond governmental action, many international and local NGOs advocate for the protection and empowerment of widows. Although organizations promoting women’s rights generally have been slow to acknowledge the specific concerns and vulnerabilities of widows, some groups have begun to explicitly embrace this cause. From Widowhood:  Invisible Women, Secluded or Excluded, Women 2000 and Beyond, Division for the Advancement of Women, United Nations Department of Economic and Social Affairs.

HelpAge International and Widows Rights International are two NGOs which promote human rights for widows and their children internationally. From Widowhood:  Invisible Women, Secluded or Excluded, Women 2000 and Beyond, Division for the Advancement of Women, United Nations Department of Economic and Social Affairs. On a more local scale, in countries where widows are most threatened by maltreatment, there are organizations dedicated to protecting and empowering widows. In Uganda, several effective self-help organizations have emerged, including The Aids Support Organization(TASO) and the Uganda War Widows Foundation. In Rwanda, the Association of Widows of the Genocide of April 1994, and in Nigeria, the Widows Development Organization, advocate for widows’ rights. In India, the Guild of Service and the Women’s Joint Action Programme have each held national seminars on social action for widows. In addition to advocacy work, these organizations provide a meaningful opportunity for widows to experience support and solidarity in a way they cannot in their own communities. From Margaret Owen, A World of Widows.

NGOs working to promote widow's rights urge that efforts focus on educating widows regarding their rights so they can organize and take collective action. There are several successful examples of such action. In northern India, a local trade union assisted in the organization of 500 widows who gathered to demand solutions to the problems and discrimination they faced. In 1994, the Ugandan Ministry of Women’s Affairs organized a march on Kampala for widows. An organization in Bangladesh financed by Oxfam helps bring together groups of landless divorced and widowed women to create self-help and development groups. From Margaret Owen, A World of Widows.

These examples indicate that in order for widows’ rights to be fully realized and respected, a combination of governmental and NGO efforts will be required. As NGOs promote organization and education, widows will be better able to assert their rights under laws guaranteeing equality. Further, the advocacy work of such organizations may encourage councils/courts to apply modern law instead of customary or religious rules.

Compiled from:

Margaret Owen, A World of Widows(1996)

Widowhood:  Invisible Women, Secluded or Excluded, Women 2000 and Beyond, Division for the Advancement of Women, United Nations Department of Economic and Social Affairs (2001