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Regional News of Wednesday, 21 January 2004

Source: GNA

Speed up Legislation on PNDC Law 111 - Bolgatanga Women

Bolgatanga, Jan. 21, GNA - Participants at a forum in Bolgatanga discussing the rights of women in relations to existing discriminatory laws and traditional practices at the weekend appealed to Parliament to speed up the process of making a legislation on PNDC Law 111.

This, they said, would enable spouses who jointly acquired property to claim a fair share should any one of them die intestate. They said even though the present law takes care of the inheritance of property upon the death of a spouse who had not made a will, it does not cover what should be done in case of joint property and that this is usually left to the discretion of the administrators.

Mr Joe Whittel, Upper East Director of the Commission on Human Rights and Administrative Justice (CHRAJ), who led the discussions, said because there was no clear legislation on the law, some judges rule against women who jointly acquired property with their spouses but have no clear documentation to certify their share.

Commenting on the customary law on widow inheritance, where the widow has to marry the late husband's brother, Mr Whittel explained that every woman had a right to marry the man of her choice and every child belonged to the biological father unlike the customary law that says that any children a woman delivers after her husband's death still belonged to the dead man.

Mr George Anaba, Regional Coordinating Director, said even though PNDC Law 111 was passed to protect women and children from discrimination and ensure that they inherit what belonged to them, the women usually fear to challenge the deceased's family for their share of the property.

"It is not enough to know the law, you have to see that you use it for your own benefit", he added.

Citing an instance, a participant said her mother and sisters had been driven out of their family house because their father had died and they had no brother to claim their house and land and since women were not supposed to own property, so they had to leave.

Madam Mary Apalayine, acting Regional Coordinator of the National Council on women and Development (NCWD) appealed to district assemblies to give special attention to issues affecting women, especially negative customary practices.