Interview of the Month
and raising awareness about women’s poverty and ignorance; lack of food/human security and peace in the DRC as consequences of militarisation and Multinationals corporate power. In the DRC, she has been campaigning for women's rights (particularly for widows), civic empowerment, women’ participation and environment, in organisations such as SUNAMITES and CAUSE COMMUNE RDC. In the UK, she is the co-founder and current chair of COMMON CAUSE UK, the platform of Congolese Women in the UK and she is also an active UK WILPF VoAW Member. Marie-Louise Lobbies around demilitarisation, social justice, CEDAW and the African human right Charter. Furthermore, she is promoting education as a tool for the development of a democratic culture and peace in the DRC.1. What are the most dire issues that widows in the DRC face? but if you could make a statement about the issues that women in general face that would also be helpful.
You have to put Congolese Widows in the socio-political context of the DRCongo. Since the independence of the DRC, in 1960, no social policy has enabled widows to live a harmonious and prosperous life. Despite the existing legal frameworks such a CEDAW, The AU Maputo Protocol on the Rights of Women in Africa, the DRC constitution, most widows are still denied State protection, State benefits, property, inheritance rights, employment and access to finance. Despite the existence of UN SCR 1325, their role in building peace are still undermined and ignored. Widow’s interests were terribly neglected in all phases of conflict prevention, during peace negotiations and post conflict situations. Discussions on widowhood are notoriously vague in state institutions. Most Congolese widows are denied basic human rights. Many Congolese widows are suffering in silence.
Regardless of the DRC socio-economic situation, a woman who loses a husband or partner in the DRC becomes vulnerable, is neglected, excluded and her fundamental rights are likely to be violated. This situation is exacerbated by the continuation of armed conflicts and the lack of rule of law in the DRC, which in turn continue to produce ever larger number of widows and female-headed households.
Due to the succession of recent wars of occupation and economic exploitations in the DRC and great lakes region of Africa, lack of infrastructure and defective national/local institutions, there aren’t any reliable statistics. Considering certain reports from local NGOs in Eastern DRC there is an exponential increase in widowhood, currently estimated to 40% of the population. There are even villages consisting of only women and children, as all men have been killed during the war.
During my last two visits to the DRC, I have witnessed the extreme deteriorating living conditions of many DRC widows.
- Widows are notably among the poorest of the poor, with many being the victims of accusations of witchcraft, social alienation, ostracism, harmful practices and humiliation.
- Young widows with no education remain illiterate and often try to financially support their
young children through informal trade of vegetables or fruits. In many cases, their children have no access to education, ending up begging on the streets, in prison or being trapped in prostitution. Widow’s children are acutely vulnerable social group.
-Widows have no right to inheritance and have had their houses and properties confiscated. They receive little or no living allowance – many allowances are not only insignificant (less than $ 2) but often misappropriated by male relatives. Widows are therefore forced to live in highly deprived areas in poor conditions of hygiene and sanitation, with no running water or electricity.
-Widows have increased vulnerability to physical, mental and sexual violence being. As a result of this social and economic marginalisation, violence is perpetuated with impunity and their lack of knowledge of their basic rights hinders their access to justice. Many have been victims of rape during and after the conflict and are afflicted by HIV/AIDS and other sexual transmitted diseases (STDs).
On May 2008 and June 2011, I held meetings with some widows’ organisations in Kinshasa and in Bandundu, respectively. Many widows were able to break their silence and raise many painful issues together. I also took these opportunities to report back to these widows about the sessions of the UN Commission on the Status of Women and raised awareness of numerous national, regional and international legal frameworks signed by the Government of DRC, such as CEDAW and UN SCR 1325 and the African Union Maputo Protocol on the rights of Women in Africa. It is very sad to observe that the DRC government does not take into account the situation of widows in its social and development policy. There appears to be a lack of political will on the part of the Congolese State in the application of these different legal instruments. This is a situation that requires urgent attention.
2. Specifically regarding land ownership, what does Congolese law say about women retaining her husbands land (I think legally she should?), and in reality what actually happens? Does the husband's family take the land more often in the rural areas?
The preamble of the 2006 promulgated Constitution of the DRC does uphold the principle of equality between men and women, including widows. The articles 5, 14 and 15 set up the foundations of legitimisation of any policy of equality and equity in the RDC. Article 14 of the Constitution provides that “the State shall have the duty to ensure the elimination of all forms of discrimination against women (including widows) and ensure the respect and promotion of their rights.” It must “take measures to address all forms of violence against women in public and private life”.
However, all these legal frameworks are not having an impact on the lives of women who are widowed, as the law is not often implemented, and only sometimes applied for those who could afford to pay to enjoy their rights. The DRC sends reports to the CEDAW Commission in 2006, however, despite several key reforms provisions contained in the DRC Constitution and various recommendations, by the CEDAW Committee, the Congolese legislation remains contradictory and discriminatory towards women widowed on many different levels.
The DRC constitutional frameworks and mechanism for the advancement of women remains extremely weak in rural areas where so called tradition laws or culture/mentality are applied.
The DRC Family Code organises marital life on a discriminatory basis. Married women have a low degree of protection with regards to family matters. It become even worse for widowed in rural areas. Law n°87/010 of the family code, accounts in its first paragraph: « the present law aimed at unifying and at adapting rules which touch the rights of the person and the family to the Congolese mentality ». Moreover, article 215 limits the autonomy of the wife. Article 444 says that the man is the head of the household and the woman must obey him. This put women as second class citizen.
Furthermore, if the husband is deemed absent by a court or if he dies, the wife must share the running of the household with one of her husband’s relatives. Concerning inheritance rights, article 758 gives preferential treatment to the children of the deceased but does not discriminate between women and men within the second category of heirs. However, following the death of a husband, in many tribal traditions and mentalities; wives must share the running of the household with a male relative of the deceased – in part to compensate for women’s lack of ability to sign legal acts. In many cases, the property and several items are confiscated from the widows, in total impunity.
Lack of the functioning of Justice fuels impunity. Human rights abuses is a serious issue in the DRC and it is true that these abuses occur at the top of society in terms of high level abuses of political power but it must also be tackled at the grassroots levels, where local people are abused of their human rights because the system fails to protect them.
3. Do you have any statistics on how often the husband's family takes the land?
There are currently no available statistics on these issues as there have not been any studies or surveys undertaken about these issues on a national level in the DRC. This is why some colleagues widows and I have being campaigning on these issues and trying our best with limited resources to support widows as well as form a network of widows to raise awareness, undertake studies and write reports about our own conditions. I have been myself subjected to abuses by my husband family but manage to work hard for 8 years in order to gain my rights.
4. How does this make woman and children more vulnerable?
Many expropriated widows are forced to live in highly deprived areas in poor conditions of hygiene and sanitation, with no running water or electricity, easily prone to insecurity. Young widows with no education remain illiterate and often try to financially support their young children through informal trade of vegetables or fruits.
In many cases, widow’s children are an acutely vulnerable social group, as they have no access to education, ending up begging on the streets, in prison or are easily recruited by warlords and criminal gangs...
There must be more focus and understanding of the fact that if widows are marginalized and have no rights that this has a huge impact on their children and the next generation of children.
5. Is there a social stigma for widows in the DRC?
Although, in the DRC, it is a national well known fact that many widows carry the sole responsibility for many households survival in the DRC, particularly in war torn areas. However, it is also a well known fact that widows are among the poorest of the poor and face multiple problems. Widows have increased vulnerability to physical, mental and various forms of sexual violence.
It is a fact that widows are more than ever vulnerable to violence perpetrated by family members, friends, neighbours and even in some churches. Many widows are still the victims of accusations of witchcraft, social alienation, ostracism, harmful practices and humiliation. It is well known fact that tradition and custom deprive many of them of inheritance, property rights and land because after the death of their husbands, their houses and properties are confiscated. They receive little or no living allowance – many allowances are not only insignificant (less than $ 2) but often misappropriated by male relatives.
6. Are widows at greater risk to sexual assault?
Congolese widows are in the same situation like all women in the DRCongo, but could be more at risk as they are stigmatised and not protected in many communities. The situation of gender-based sexual violence, is worrying in the DRC. Few collected reports by some NGOS show the numerous cases of widows who are believed to have been abused, but because of the stigma, many remains silent and scared to report these crimes. In the other hand even if widows reports these crimes, the justice system often fails to punish the perpetrators of the crimes, particularly because the widows are poor and cannot afford to pay for lawyers.
The reality in the DRC context of conflict is that widows are not only victims of conflicts but they are one group seriously affected by sexual violence that has increased due to the armed conflict. They faced a number of circumstances which increased their risk of HIV infection in gender-specific ways. Displaced widows reportedly often had no choice but to resort to multiple sexual relations or polygamy in order to support themselves and their children. Stigmatisation, homelessness and poverty force many widows and their daughters to being trapped in prostitution, faced rape, unwanted pregnancies and health complications.
This neglected category of women continue to victims of brutal horrific sexual violence after the conflicts. Many widows have contracted sexual transmitted diseases, particularly HIV/AIDS, with no access to healthcare and therapy. Furthermore, many HIV affected widows are reported to continue to care for elderly and provide daily survival for their household. These widows are fighting both a virus and systemic discrimination. They are trying to overcome the threat of HIV/AIDS and unequal access to medication.
CONCLUSION
To improve the position and situation of widows, it is imperative invest to achieve the MDG objective 3 of women’s empowerment, we recommend:
I. That the DRC Government demonstrates clear political will for effective support of widows, to mainstream widowhood issues in policy / practice and encourage analysis and national discussions that allows for an understanding of the roles and needs different categories of women; particularly those stigmatised by widowhood and HIV/AIDS. The State should better assume its responsibilities toward widows and HIV/AIDS patients.
II. Donors, through their different structures and agencies should encourage and assist program that support widows and HIV/AIDS affected women. That the NGOs develop a network across the region to exchange information and learn from each other’s experiences.
III. Increased funding for research on widowhood issues in DRC – research that is lead by and consults with widows. The Congolese Authorities and the International community could support a Union office to collect information and statistics for evaluation, publication and the monitoring of widows and acutely stigmatised/vulnerable HIV/AIDS affected widows, as well as ensuring widows’s protection.
IV. Donor support, through training and other resources, widows’ groups to work with the DRC State to fill the gap in data on widowhood through utilizing “mapping and profiling” surveys which can reveal information on their life-styles hitherto unavailable to policy makers and outside actors.
V. To support, both in terms of finance and capacity, the creation of a national Federation or Union of Widows in DRC. This national structure will act as a support network for widows in the DRC regardless of their social and health status and will work for the promotion of rights of widows, reinforce strategies for the protection and the empowerment of widows, and take concrete actions such as lobbying, advocacy, campaigning, and education. The Union will promote a dynamics of solidarity between widows to prevent abuses by family and by the legal system in the absence of State authority. The Union would use media for raising awareness and also for the reporting of abuses and could support and promote activities that generate revenues for widows through microfinance projects.
VI. Engage with and encourage alternative masculinities, as well as including men in “women’s” projects, particularly projects on violence against women and those affected by HIV/AIDS, with the aim of reducing the systematic abuse of these vulnerable groups and reducing the social stigma of widowhood and HIV/AIDS.
VII. Improve access to justice and health care – gender training should not be limited to top level justice and health sector actors, it is important to also target grassroots level justice actors such as local police, village chiefs, religious and community leaders, as well as doctors, nurses and other healthcarers.
The DRC government must urgently address the situation of DRC widows and their children, It is imperative that these women are included in the consultative processes essential for developing concrete policies, which will only be effective if based on real information about their needs, roles, experiences and hopes. Widowhood issues must be prioritized in all strategies to achieve the Millennium Development Goals (MDG).