Solutions to property rights ‘violations’ experienced by Ghanaian (Akan) widows and their children: The role of international social workers in addressing human rights

The significance of property in the Ghanaian context

Ghana is a unitary republic with a democratically elected parliament and president. In total, 65 percent of Ghana’s population resides in rural areas (Ghana Statistical Service, 2008). Given that it is culturally appropriate for women to marry older men, many Akan widows are raising young children. Their ability to care for themselves and their children may be directly linked to issues of property rights, especially in rural areas. In these areas, subsistence farming supplemented by cash crops provides the livelihood for many families. Access to land and water for farming is basic to survival and income generation to pay children’s school fees. Furthermore, ownership of these resources is politically significant and directly associated with power. Lack of direct access to natural resources and control over their use contributes to the marginalization of women (Owen, 2010). It limits women’s productive roles, power, and influence in the household and community at large, their opportunities to enter the market economy (Summerfield, 2006), and their access to education and support services (Owen, 2010).

Ghanaian statutory and customary law

Akan women and children continue to experience the effects of property loss despite the fact that official statutory laws banning such practices have been in place for nearly three decades (Korang-Okrah and Haight, 2015). According to the Intestate Succession (Amendment) Law 1991 (Provisional National Defence Council Law 264 [PNDCL 264]) of Ghana, ‘property rights violations’ include ejecting a surviving spouse or child from the matrimonial home, depriving them of the use of property they shared with the deceased or are otherwise entitled, and destroying or otherwise interfering with their use of property. Furthermore, the 1985 provision of the Provisional National Defence Council Law 111 (PNDCL 111, 1985) allows children and wives to inherit the self-acquired property of deceased men who die without a will (intestate) (Government of Ghana, 1992).

Yet implementing and enforcing such progressive national property laws are complex among an ethnically diverse and largely unschooled Ghanaian population with a dual system of law. Ghana includes 100 ethnic groups speaking over 50 languages and dialects (Ghana Statistical Service, 2008) and with varied ‘customary laws’. Customary law is a shared body of unwritten, long-standing, and influential rules concerning personal status, social organization, and communal resources present in many parts of the emerging world (Human Rights Watch, 2003). It exists in addition to statutory law as a second body of law (Joireman, 2006). Thus, PNDCL 111 (Government of Ghana, 1992) exists side-by-side with culturally embedded customary laws for inheritance. In the case of the Akans, and other ethnic groups, the two systems of laws are not consistent with respect to property rights.

The Akans, who speak Twi, constitute about 50 percent of Ghana’s population and are among the main linguistic groups (Ghana Statistical Service, 2014). For the Akans, some property such as farmland and houses belong not to the individual using the resources but to the family line: ancestors, those living, and ‘those-yet-to-be-born’. Akan families are matrilineal. By customary law, succession is through the female ancestral line, but inheritance starts with uterine brothers (brothers from the same mother) and nephews. For the purposes of inheritance, wives and children belong to the wife’s mother’s family, not to the husband/father’s family. Thus, when the husband/father dies, the property he shared with his wife and children reverts back to his family, for example his brothers or nephews. From the Akan’s perspective, then, there is no ‘violation of property rights’ if wives and children lose access to this property because it never belonged to them, it belonged to the deceased’s matrilineage. The husband can will to his wife and children the property he acquired during their marriage, for example the house he built for them. Even these cases of ‘self-acquired’ property, however, can be complex if proceeds from the family property, for example income from permanent crops grown on family land, were used to secure this ‘self-acquired’ property (Korang-Okrah and Haight, 2015).

Theoretical perspective

We approach the issue of Akan women’s property rights sensitized by diverse theoretical perspectives including Black feminist and resiliency theories. Black feminist and womanist perspectives underscore the importance of listening to and learning from those whose voices have been silenced through socially constructed categories of oppression (e.g. Hill-Collins, 1990; hooks, 1995). Race, social class, gender, and nationality intersect to create unique life experiences for marginalized people (e.g. McCall, 2005). Such social constructs form interlocking patterns of inequalities which serve as the bases for multiple systems of domination that affect people’s access to power and privilege, influence their social relationships, and shape their everyday experiences (e.g. Murphy et al., 2009).

Ghanaian women who have been widowed, like widows in other sub-Saharan countries, may experience subordination and discrimination throughout life (e.g. Awusabo-Asare, 1990; Ewelukwa, 2002). They are constrained from birth by gendered, stratified socialization processes which focus on submission to male authority, child rearing, and household chores. Characteristics encouraged in boys include virility, authority, power, leadership, and intelligence. In addition, girls’ limited rights and opportunities to access valued resources such as food, health, education, and economic support relative to boys (Boateng et al., 2006) create social inequality from birth. The loss of property is one instance of the continuation of gender-based oppression into adulthood. Property loss is particularly devastating because it contributes to the impoverishment of women and their children, including unmet basic needs for food, shelter, and education (Korang-Okrah and Haight, 2015).

Yet Akan women who have been widowed are a diverse group with various personal, social, family, spiritual, and legal resources to respond to oppression (Korang-Okrah and Haight, 2015). International researchers have considered how sociocultural contexts and individual resources shape resiliency, that is, the ability to function in the face of adversity (e.g. Ungar, 2010). Understanding potential resources, as well as challenges, provides a foundation for designing and implementing effective, culturally sensitive policy.

Previous research

In our previous ethnographic research (Korang-Okrah and Haight, 2015), we examined Akan women’s experiences of widowhood and loss of property. Korang-Okrah, who is Akan, conducted over 4 months of participant observation in two villages and two cities in the Ashanti and Brong-Ahafo regions. She also conducted in-depth interviews in Twi with 20 women who were widowed, five from each site. Of these women, 13 described significant property losses following the deaths of their husbands. These losses resulted in long-term economic challenges for them, including food insecurity and withdrawal of their children from school. Women described a variety of obstacles to asserting their rights to property, including illiteracy, fear of being ostracized, fear of severing relationships between their children and the children’s paternal family, interference by extended family, and limitations in access to justice. An overarching obstacle, however, was the observance of deeply ingrained customary laws of succession. Their experiences suggest that local, customary laws can constrain the implementation of national, progressive laws to eliminate gender discrimination in inheritance. To tackle this challenge, we argued that government policy makers need to go beyond the design of public policy and formal laws to work with local authorities, such as the ‘Nana’ (chief) and ‘Queen mother’, and religious leaders, to implement workable, practical policies that can bring meaningful change to women who have been widowed and their children. Customary laws, after all, are not necessarily static, but can evolve with changing social conditions (Comaroff and Kim, 2011).

Current study

The current study is part of our ongoing ethnographic research program (Korang-Okrah and Haight, 2015). We returned to the site of our original research to conduct focus groups to (a) report on our findings on widows’ experiences of property loss to community leaders, widows, and other interested adults, (b) listen to their reactions, and (c) solicit their perspectives on workable solutions. A central goal of ethnographic methods is to understand patterns of cultural beliefs and practices from the perspectives of those within the culture (see Padgett, 2008). This goal aligns with our view that generating workable, practical solutions to property loss that can bring meaningful change to the lives of women must draw upon the perspectives of those who are affected and their local leaders. Our specific research question was as follows: What are solutions to property distribution problems from the perspective of the Akans? In other words, what do participants recommend to prevent or respond to women’s loss of property following their husbands’ deaths?

Site and participants

Participants (102) were 64 Akan women and 38 Akan men. They included women who had lost property following the deaths of their husbands, as well as other Akan men and women who were familiar with the practices surrounding widowhood. At each of the four sites, participants included the Nana (chief or ruler) and the Queen mother or her representative and their elders. Ghana is a unitary republic with a democratically elected parliament and president. Among the Akan, however, the local Nana and the Queen mother hold influential positions. The Nana is a respected leader and keeper of the customary laws. He is responsible for the well-being of his local community, including resolving disputes. Although he is elected by the people and installed by the royal family, the Queen mother has the power to dismiss him. The Queen mother, who is not necessarily the Nana’s actual mother, is equal to him in power and prestige. Her role is to watch over the social conditions and welfare of the people.

At each site, the local women’s leaders who acted as gatekeepers for our original study again collaborated with us by facilitating introductions and recruitment. They invited the women who participated in our original study along with community leaders and other interested adults to attend focus group meetings to discuss widows’ experiences of property loss and to identify solutions.

The four research sites were in the Akan areas of the Ashanti and Brong-Ahafo regions of Ghana: Kotei, Anweamu-Bekawi, Amasu, and Nsuatre. The first site, Kotei in the Ashanti region, is a town of approximately 16,000 people. At this site we were welcomed by 17 participants, three of whom were widows, the Nana and his six elders, the town’s Catholic priest, and seven other adult men and women. Chairs were positioned in an open courtyard of the new palace. The Nana sat in the middle of the first row flanked by his elders and the representative of the Queen mother. The women and other interested adults sat behind them. We were seated in a line directly facing the Nana and the people.

The second site, Anweamu-Bekawi, is also in the Ashanti region. It is a rural village of approximately 9000 people. This village is approximately a 90-minute drive from Kumasi, the capital of the Ashanti region, with the final 30 minutes along a rutted, dirt track. We were welcomed that morning by a group of young children who eagerly shook our hands and waved. Due to a miscommunication between the local contact person and the gatekeeper, we were not expected on that particular day. Nonetheless, 33 villagers, including the Nana, his advisors, the representative of the Queen mother, widows, and other interested parties (18 women and 15 men) assembled in the open courtyard of the Nana’s house.

The third site, Amasu, is a town of approximately 20,000 in the Brong-Ahafo region. It is approximately a 40-minute drive from Sunyani, the region’s capital, with the final 10 minutes along a rutted, dirt track. We again were assembled in an open courtyard of the palace, which had a series of graduated levels. The Nana sat on the top level above the other participants. His advisors and elders (10 men and three women) and the Queen mother sat in a line on the next level. The research team sat in a line on this level facing the Nana and his elders. Another group of 17 women sat behind the research team on the lowest level.

The fourth site, Nsuatre, is a town of approximately 27,000 in the Brong-Ahafo region reached via a paved road. We assembled in a circle of chairs within an open-air Catholic Church building with village women in the pews and leaders up front facing the research team. A representative of the Queen mother, the Nana and two of his male advisors, the Ankobeahene (the caretaker of the palace), and 18 village women participated. Midway through our discussion, we were joined by two public health and education workers and the District Chief Executive of the Sunyani West Constituency.

Research team

A significant strength of the research team is the combination of insider and outsider perspectives. Insider cultural knowledge and experiences provided a necessary context for identifying appropriate research questions, crafting culturally sensitive methods and procedures, gaining access to and establishing rapport with participants, and interpreting their responses. Outsider perspectives were critical for asking questions that may identify constructs taken-for-granted by insiders (Haight et al., 2014).

Korang-Okrah is Akan and a native speaker of Twi. She completed her undergraduate education at the University of Ghana and has served in a variety of professional, leadership positions in education before immigrating 16 years ago to the United States to pursue graduate education and, subsequently, work as a professor. Haight has worked with Korang-Okrah on the larger study of Akan women’s property rights for over a decade. Her career focuses on building a more culture-inclusive understanding of diverse families’ well-being, including through ethnographic research. Gibson is an African American social work professor with ancestral ties to Ghana who had previously conducted four study abroad programs to Ghana. Black is a medical doctor with a public health background. The team also included an African American and a European American social work student studying abroad.

Procedures

At each site we were individually welcomed with handshakes and smiles. The Nana and his elders formed a single line, walked to where we were seated, and greeted us individually. We in turn stood up, walked to where the Nana and elders were seated, and greeted them with handshakes. Before joining the discussion, the other participants greeted the Nana and elders by bowing to them before beginning. Then, in accordance with tradition, we were formally asked, ‘Why are you here?’. Korang-Okrah and Haight briefly recapped the first study and explained our interest in generating local solutions to the problem of women’s loss of property upon the deaths of their husbands. Then we formally introduced ourselves by standing up before the Nana and elders to say our names and connection to Ghana and the project. Korang-Okrah translated from Twi and from English.

Subsequently, participants were asked in Twi to respond to the results of our previous study that women experienced devastating loss of property following the deaths of their husbands, and then to suggest solutions. Discussions lasted from 3–4 hours during which time men and women sat patiently listening or involved in animated discussion. Sessions were videotaped and audiotaped. Following the discussion, we provided meat pastries freshly prepared by Korang-Okrah’s step-mother, and Akwaaba (welcome), a popular local soda.

All procedures were approved by the University of Minnesota Institutional Review Board. In summary, at the outset of each focus group and following formal introductions, we explained the procedures of the focus group, voluntary participation, informed consent, that study results would be used in professional presentations and publications, and answered any questions from participants.

Data processing and analysis

When working in this emerging nation, we quickly learned that our usual procedures for data processing and analyses had to be revised. When our primary video recorder broke, we had no means of fixing it or acquiring another. More importantly, some of the audio recordings of the group discussions made in open-air settings, and especially, during tropical rains on a tin church roof, were not of sufficient quality for complete, verbatim transcriptions.

The six members of the research team took notes, including a list and description of major themes pertaining to the research question. Following each discussion group, we discussed and consolidated our lists of themes. More specifically, we induced participants’ perceptions and meanings of their experiences through repeated readings of notes (emic coding; see e.g. Lincoln and Guba, 1985; Schwandt, 2007) contextualized by cultural insider knowledge and experiences. Only one new theme was added during the third group discussion, and no new themes were added during the fourth group discussion, suggesting that we had achieved saturation.

To strengthen the credibility of our interpretations, we summarized our findings from the preceding groups and asked members of subsequent discussion groups (two–four) to comment on, discuss, and elaborate them. Finally, Korang-Okrah listened to the available audio and video recordings to check for completeness, correct any misunderstandings, elaborate, and identify exemplars of each major theme. Exemplars were transcribed in Twi and then translated into English.

Preventing property disputes

Solving property disputes

In addition to discussing ways to prevent property disputes, participants discussed ways of resolving disputes when they do occur.

PNDCL 111, 1985

An important negative finding is that participants did not recommend that widows seek redress through use of PNDCL 111. When asked directly, most women acknowledged some awareness of the law. Realistically, however, these women, especially those who were unschooled and from the rural areas, were unlikely to turn to the law as a tool in their cases. Some participants even regarded the law with suspicion. The Nananom (plural form of ‘Nana’), however, described their awareness of the law and use of it as a tool to resolve property disputes involving widows. Thus PNDCL 111, 1985 was seen as part of a general cultural change, but not as a sufficient solution to the problem of property disputes.

Work with local community members as well as national leaders to craft, implement, and enforce uniform laws and policies

Although one component of social change, participants generally did not view formal laws such as the PNDCL 111, 1985 as adequate for resolving local property disputes. There are several reasons why this law may not be achieving the desired results. Consistent with the views of participants, Appiah (2010) observed that using the law as a tool for social change in Ghana is complicated by the dual legal system (statutory and customary laws).

Second, there may be weaknesses within the law itself. There have been a number of efforts over the years, however, to strengthen PNDCL 111 by crafting a law to regulate property rights regardless of customary law. The Intestate Succession Bill (ISB) attempted to provide a uniform law throughout Ghana irrespective of types of customary inheritance systems and marriages. The Property Rights of Spouses Bill (PRSB) also intended to bring equality, equity, and uniformity, specifically to women’s abilities to access jointly acquired property after their marriages have been dissolved. It was the culmination of years of work originating from the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), entered into as an international treaty in 1981, and ongoing national consultative processes (Appiah, 2010; LAWA-Ghana, n.d.). At the present time, neither bill has passed Parliament.

To understand the complex reasons why these bills (ISB and PRSB) have not passed, Korang-Okrah discussed the issue with a member of Parliament (Personal communication, April 2016). According to this source, controversy surrounding the PRSB centered on the inclusion of women living with men outside of marriage as beneficiaries. Including these women was viewed by some as offensive to Ghanaian customs, values, and the sanctity of the marriage system. The ISB was viewed by some as too limited to ‘cure’ the limitations of the current PNDCL 111. They argued that the role of the extended family and the legal relevance of customary and Mohammedan marriages are inadequately addressed in the current bill. The parliamentary source, however, expressed optimism that the next government elected after 2016 would continue deliberations on these bills and pass them into law.

Finally, PNDCL 111, 1985 may not be achieving the desired results because of inadequate attention to implementation issues. Many policy makers from developed countries approach property rights assuming that legislative decisions will be implemented and enforced throughout the country. Thus, initiatives tend to focus more on the issue of law-making than on implementation or enforcement (see Joireman, 2006). Yet implementation and enforcement of property laws in emerging countries is complex, especially in countries such as Ghana with a dual legal system, significant diversity of ethnic customary laws, and a largely unschooled population (Ghana Living Standards Survey Round 6 [GLSS 6], 2014). Indeed, there is some agreement among scholars – including those focused on other areas of Ghanaian policy such as the rights of children who are delinquent (Ame et al., 2011), the rights of children in conflict with the law (Ame, 2011), and Ghana’s Children’s Act 560 (Manful and McCrystal, 2011) – that implementation of laws and policies from the formal sector is a significant problem. Other African nations with a dual system of law have also experienced the failure of statutory laws to bring about intended changes in property rights due to the absence of mechanisms for implementation and enforcement (Joireman, 2006).

Clearly, there are no easy answers to bringing about social change in Akan women’s property rights through formal laws and policies. Sustained change efforts that engage diverse local as well as national leaders are required. Social workers, formal policy makers, and local leaders must work hand-in-hand to tackle such human rights issues, in this case, to negotiate the disjunction between statutory and customary laws.

Support the implementation of culturally viable local solutions

Given the interest and participation of Akan community members in discussing property rights, it is clear not only that they want to craft solutions to their own problems, but that they offer workable solutions. Nananom, Queen mothers, and community members identified five culturally viable solutions: (a) informing youths about wills and their importance prior to marriage, (b) encouraging couples to acquire property through their own means instead of using family resources, (c) maintaining an amiable relationship with in-laws, (d) educating all children, and (e) consulting the Nana to settle property disputes.

Social workers can work with community members to support the implementation of culturally viable local solutions to preventing and resolving property disputes. The solutions identified by participants in this study drew on local oral tradition, specifically ‘Nsamanseε’, or word-of-mouth communication, especially important in emerging countries where many adults have not attended school and do not read. Solutions also draw on community assets such as the Nana to resolve complex problems. In addition, they reflect other culturally congruent strategies used by Ghanaian social workers: community-building and extended family intervention (Lewis, 2011).

Promote investment in civic education

Participants stressed the importance of educating all children in order to empower them and inform them of their legal rights and responsibilities. To address the challenges of implementing national laws, social workers can work with local and national leaders to advocate for investment in education. For example, young people in Ghana could benefit from learning about property rights as a way to plan for the future. Such civic education may be transmitted best not by outsiders, including social workers from the West, but by Ghanaian teachers, for example, as part of the formal curriculum, and elders, for instance, during preparation for marriage. Without both the laws in place and the education of citizens, legal and traditional authorities, women will continue to face insecurity in their control over property.

Engage with local social workers

International social workers can also engage with local social workers, who have important roles in promoting human rights. In this study, we engaged with colleagues at the University of Ghana charged with educating the next generation of Ghanaian social workers. Our conversations about their perspectives on women’s property rights were invaluable to our own understanding. In addition, we provided them with our published reports that they may use as resources in their classrooms. Together, we hope to raise the awareness of future social workers concerning both property rights issues and the legal tools they have for advocacy.

Increase social work education on important international human rights issues

Social workers throughout the world are increasingly embracing international perspectives and roles (Gabel and Healy, 2012; Howe, 2010). As such, there is an increasing need to educate social workers, especially students who represent our next generation, on issues of human rights including gender oppression (Gabel and Healy, 2012). The violation of women’s property rights, in particular, is a serious issue connected not only to the impoverishment of women, but also to the well-being of children and the continuation of poverty into the next generations. Social work education can draw on international social work scholarship, field work in non-Western countries (Howe, 2010), and training in the United States to increase our awareness of women’s issues in emerging nations.

Support the use of ethnographic methods in international social work research

Although less commonly used than some other methods in social work, ethnography is particularly well suited to international research. As a primary qualitative research method, ethnography may combine participant observation, in-depth interviews, and policy analyses to create a thick description and deep understanding of cultural practices and their meanings to participants, including social services and policies (see Haight et al., 2014; Padgett, 2008). Furthermore, its flexible and adaptive methods allow the generation of new, unexpected learning. In the current study, for instance, we obtained a deeper understanding of gender roles in a physical context of group discussion that varied from those in many Western focus groups. More specifically, participants spontaneously arranged themselves with primarily male leaders sitting up front and/or in elevated positions with women and other interested parties sitting below. We purposely did not attempt to impose our own preference for a seating arrangement in which all are on the same level, perhaps in a circle, as such an arrangement may well have distorted social exchanges. By flexibly adapting our methods, we learned more about the role of male and female leaders. Although the Nana is the public leader of the village, the Queen mother is equal to him in power and prestige, and even has the power to dismiss him. In a physical context that may have reduced (Western) women’s full participation in discussion, we observed that many Akan women were outspoken, including disagreeing with male leaders. We also observed that everyone who wished was given the opportunity to speak and that most participants listened patiently and respectfully. Indeed, female participants’ discussions of the experiences of women who are widowed largely echoed those of the women interviewed privately in their homes in our first study (Korang-Okrah and Haight, 2015).

Limitations

Our research has many limitations. First, it was conducted in four communities. Future research needs to examine the extent to which the perspectives of participants in this study regarding strategies to minimize and resolve property disputes transfer to other Akan communities. Second, many of the strategies we typically employ to enhance the credibility of our interpretations were not possible in the current study. More specifically, the quality of some audio recordings was insufficient to allow verbatim transcription, and a second native speaker of Twi was not available to check the accuracy of translation in the US city where we conducted our analyses. Third, our research is only a first step in addressing women’s property rights. Despite these limitations, the current research not only provides important insights into the complexities of women’s property rights among the Akan, but also identifies viable strategies for mitigating the impact of property loss on Akan women and their children. Future research is needed to evaluate the effectiveness of strategies identified in this research for addressing property disputes.