assert that under customary laws for their communities, only those “in” the family, i.e.,
men, are entitled to inherit land and property. Others say that within this customary
system, widows will be protected and provided for by the male in-laws who inherit. But too
often in the modern context, there is no such protection. While customary laws can evolve
and change and can offer opportunities to advance women’s equality, they can also be
interpreted or applied in ways that discriminate against women, especially widows. The
government of Zimbabwe should promote customs and practices that favor women’s equal
rights to land and other assets, including through inheritance, and engage traditional
leaders in discussions about interpretations of customary laws that recognize equality of
men and women.
The African Union adopted a new Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Older Persons in Africa in January 2016. The protocol, which is now
open for ratification, creates new, legally binding standards for the rights of older people.
Article 4 of the Protocol on the Rights of Older Persons requires that states parties “ensure
the provision of legal assistance to Older Persons in order to protect their rights.” The
protocol calls for states parties to “put in place legislation and other measures that
guarantee protection of older women against abuses related to property and land rights;
and adopt appropriate legislation to protect the right of inheritance of older women.” It
also states that “all necessary measures should be taken to eliminate harmful traditional
practices affecting older persons.” Through this protocol, the African Union recognizes the
importance of older people’s enjoyment of human rights on an equal basis with others.
Under other international human rights law, countries are required to ensure equal rights
for men and women, including equal property and inheritance rights for widows and
widowers. Zimbabwe has ratified the regional and international human rights treaties that
require the government to eliminate discrimination against women and to guarantee their
rights to justice, non-discrimination, equality in marriage, physical security, and property.
This includes the African Union’s Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa (the Maputo Protocol).
Zimbabwe has taken some important steps to create a legal framework that protects
women’s property and inheritance rights, but further reforms are needed. The 2013
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HUMAN RIGHTS WATCH | JANUARY 2017