Gabon: The practice of levirate, including the regions in Gabon where this tradition is widespread; the ethnic groups that practise it and the relevant legislation; the consequences for a widow who refuses levirate; recourse and protection available, including police intervention (2013-December 2015)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. The Practice of Levirate and Other Widowhood Rites in Gabon

1.1 Levirate

In a report presented to the United Nations Division for the Advancement of Women, Morissanda Kouyaté, Director of Operations for the InterAfrican Committee on Traditional Practices Affecting the Health of Women and Children, defines levirate as "a practice which consists of marrying a widow to the brother of her deceased husband" (Kouyaté 11 May 2009, Sec. 2.11). In a telephone interview with the Research Directorate, the coordinator of the Gabonese Movement for the WellBeing of Families (Mouvement gabonais pour le bien-être familial, MGBEF), an organization that offers prenatal visits, family planning counselling and medical check-ups, noted that levirate also included the marriage of a widow to the deceased husband's uncle (MGBEF 4 Dec. 2015).

Sources state that levirate is still practised in Gabon today, in all regions of the country and among all ethnic groups (Gabon 7 Dec. 2015; Research associate 7 Dec. 2015). In a telephone interview with the Research Directorate, a representative of the Widow and Orphan Protection Branch (Direction générale de la protection de la veuve et de l'orphelin) of the Ministry of Health, Social Affairs and National Solidarity (Ministère de la Santé, de la Prévoyance sociale et de la Solidarité nationale) stated that there are no official statistics on the matter (Gabon 7 Dec. 2015).

Several sources indicate that levirate is much more present in rural areas compared with urban centres, and that its practice in Gabon is generally on the decline (ibid.; MGBEF 4 Dec. 2015; Research associate 7 Dec. 2015). Some sources consider the practice of levirate to be fading (Professor 4 Dec. 2015; MGBEF 4 Dec. 2015). Some sources explain the decline of the practice of levirate by the increased level of education of the population (Gabon 7 Dec. 2015; Professor 4 Dec. 2015). Other sources suggest the urbanization of the country as an explanation for the waning practice (MGBEF 4 Dec. 2015; Research associate 7 Dec. 2015).

1.2 Other Widowhood Rights

Several sources indicate that a set of widowhood rites are imposed on the widow by the deceased's family for several days after his death, such as:

preventing the widow from bathing (Gabon 7 Dec. 2015);

forcing her to sleep on the ground (ibid.; Research associate 7 Dec. 2015; Professor 4 Dec. 2015);

shaving her head (Gabon 7 Dec. 2015; Professor 4 Dec. 2015).

shaving her entire body (Gabon 7 Dec. 2015);

restricting her movements and communication with others (ibid.);

demanding tears from her and from other women in the family (Research associate 7 Dec. 2015);

more uncommonly, pouring excrement mixed with water on her (Gabon 7 Dec. 2015).

According to the representative of the Widow and Orphan Protection Branch, these rites, which can last up to a month, are more common in villages, but are still practised in cities (ibid.). The MGBEF coordinator stated that they are disappearing in large cities (MGBEF 4 Dec. 2015). According to the representative, widowhood rites consist of a set of physically and psychologically violent acts whose original purpose -to [translation] "purify" the widow - is distorted by the inlaws so that they can exact revenge on her (Gabon 7 Dec. 2015). According to the same source, the widow is often considered responsible for the death of her husband (ibid.). In a telephone interview with the Research Directorate, a research associate with the National Centre for Scientific and Technological Research (Centre national de la recherche scientifique et technologique, CENAREST) in Gabon, who published a doctoral thesis on estate litigation in Gabon, stated that the prevalence of ill treatment of widows varies from one ethnic group to another (Research associate 7 Dec. 2015). According to the representative, the rites are [translation] "less severe" if the widow gets along well with her inlaws (Gabon 7 Dec. 2015).

The Sylvia Bongo Ondimba Foundation for the Family (Fondation Sylvia Bongo Ondimba pour la famille), the foundation of Gabon's first lady, indicates that, in 2011, it commissioned a report from specialists on the specific situation of widows in Gabon (FSBOF 23 June 2015, 3). The report revealed that 47 percent of widows had been victims of [translation] "abuse and despoilment" (ibid.).

2. Inheritance Laws

According to Que dit la loi, an Internet site maintained by law professionals with the aim of popularizing Gabonese law (Que dit la loi n.d.), Law No. 002/2015, which amends Law No. 19/89 of 30 December 1989 adopting the second part of the Civil Code, was enacted on 25 June 2015 (ibid. 1 Sept. 2015). Sources note that this reform repealed the provision [set out in Article 692 (ibid.)] of the Civil Code under which a widow lost her usufructuary right if she remarried outside the family (Gabon 7 Dec. 2015; Que dit la loi 1 Sept. 2015). Article 692 of the 1989 Civil Code stated the following: [translation] "the widow is stripped of her usufruct if she remarries outside the family without a valid reason" (Gabon 1989).

The representative of the Widow and Orphan Protection Branch stated that the reform also provided for the replacement of the family council, which played an important role in inheritance, by an estate council, in which the widow has [translation] "more power" (Gabon 7 Dec. 2015). In a telephone interview with the Research Directorate, a professor of anthropology at Omar Bongo University, who published a book on the history of family dynamics in Gabon and other works on Gabon, stated that the purpose of the family council was to reunite the deceased's brothers, who [translation] "took over all the inheritance" (Professor 4 Dec. 2015). The 1989 version of the Civil Code states that the family council had to be composed of, among others, [translation] "members of the deceased's family, chosen by the head of the family and legal heirs" and the "surviving spouse," who can be replaced by a member of their family (Art. 699); that it had to be "chaired by the head of the family" (Art. 700); and that its decisions must "always be made by majority vote" (Art. 703) (Gabon 1989). According to Que dit la loi, the estate council established in the new version of the Civil Code is composed of the surviving spouse (or spouses) and descendants, or their authorized representatives (Art. 699) (Que dit la loi 1 Sept. 2015). According to the same source, members of the estate council choose a chairperson from amongst themselves (Art. 700) and the estate council makes decisions based on a consensus or, failing that, on a relative majority of votes (Art. 703) (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources indicate that the new law also provides the following:

the prohibition of expelling any surviving spouses or orphans from the family residence or committing acts of violence or despoilment against them (Art. 647);

the prohibition of preventing the surviving spouse from attending the funeral or from participating in its organization (Art. 647); and

the introduction of criminal measures to punish the perpetrators of despoilment and other violence against any surviving spouses or orphans (Art. 906) (Gabon 7 Dec. 2015; ibid. 17 Feb. 2015).

The representative of the Widow and Orphan Protection Branch stated that this reform had introduced the possibility of imprisonment for despoilers (ibid. 7 Dec. 2015).

The text of Law No. 002/2015 could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Consequences of Refusing Levirate

The research associate stated that levirate is not mandatory and has always been [translation] "consensual" in Gabon (Research associate 7 Dec. 2015).

However, according to the representative of the Widow and Orphan Protection Branch, a woman living in a rural area who refuses levirate or other widowhood rites would be chased from her village and would have to go and live with her own family (Gabon 7 Dec. 2015). In some cases, she might also be rejected by her family for failing to respect tradition (ibid.). The MGBEF coordinator also stated that widows could be [translation] "chased out" (4 Dec. 2015).

Sources note that refusing levirate can have consequences on inheritance because the inlaws may refuse to give the widow her rightful share of the inheritance (MGBEF 4 Dec. 2015; Research associate 7 Dec. 2015). Moreover, some sources state that often the inlaws who demand levirate do so because they can benefit materially from it (Gabon 7 Dec. 2015; Research associate 7 Dec. 2015).

Several sources state that the despoilment of widows by their inlaws is still practised today in Gabon (AGP 23 June 2015; Professor 4 Dec. 2015; MGBEF 4 Dec. 2015). The Professor noted that changes in the legislation on the protection of widows were not visible in today's reality (Professor 4 Dec. 2015). Similarly, according to the MGBEF coordinator, [translation] "it is taking a long time for things to change, despite recent legislative amendments" (4 Dec. 2015).

Sources also note that a widow who entered into a nonlegalized traditional marriage cannot inherit from her deceased husband (OECD [2014], 1; Courrier des journalistes 24 June 2015).

4. Recourse and Protection Available to Widows Who Refuse Levirate

4.1 Police

Information on the police response to complaints related to levirate cases was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the representative of the Widow and Orphan Protection Branch, a widow who refuses levirate would not always be heard by the police, who might tell her to [translation] "go settle the problem with her family" (Gabon 7 Dec. 2015). The representative added, however, that the police did intervene in cases of violence (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The MGBEF coordinator stated that many women who are victims of violence or despoilment by their inlaws did not file complaints out of fear of reprisals from them (MGBEF 4 Dec. 2015).

4.2 Judicial System and Law Enforcement

The MGBEF coordinator explained that widows did not file complaints against levirate as such, but rather against acts punishable by law, such as despoilment, physical assault or rape (ibid.). According to the representative of the Widow and Orphan Protection Branch, [translation] "many" despoiled widows are successful in court, [translation] "except when the inlaws know a person of the court" (Gabon 7 Dec. 2015). Similarly, according to the Professor, the verdicts in inheritance cases are often in favour of the widow, he added, however, that they are [translation] "never" carried out (Professor 4 Dec. 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. According to the Professor, because of their length, proceedings can seem like [translation] "endless sessions of mental torture" (ibid.).

Moreover, the representative stated that many widows are reluctant to initiate legal proceedings out of fear of reprisals from their inlaws or curses that could be placed on their children (Gabon 7 Dec. 2015). The Professor also stated that some widows did not exercise their rights out of fear of witchcraft (Professor 4 Dec. 2015). A magistrate cited by Courrier des journalistes stated the following at a conferencedebate organized in Libreville as part of the celebrations of the 5th International Widows' Day:

[translation]

Gabonese law provides protection for widows and orphans, but exercising this right is problematic. People are not sufficiently aware of the procedures and their rights and they are very reluctant to go to court to enforce their rights. The other problem lies in tradition, where women often waive their rights out of respect for customs and out of fear of reprisals from their inlaws (Courrier des journalistes 24 June 2015).

Sources indicate that, in 2012, a decree established legal aid in all courts (Gabon 7 Dec. 2015; ibid. 17 Feb. 2015, 3), including covering all or part of court costs or lawyer or bailiff fees for underprivileged Gabonese (ibid.). However, at the 60th session of the United Nations Committee on the Elimination of Discrimination against Women, in February 2015, the head of the Gabonese delegation stated that the implementation of this provision for legal aid was [translation] "limited" by the absence of a substantial budget (ibid.). The MGBEF coordinator stated that, for now, nothing has been done to facilitate widows' access to the resources intended for them (MGBEF 4 Dec. 2015).

4.3 Other Recourses

Sources indicate that a widow in conflict with her inlaws can turn to the Widow and Orphan Protection Branch (Research associate 7 Dec. 2015; Gabon 7 Dec. 2015). According to the representative, the branch will try to mediate between the parties (ibid.). The same source stated that family mediation is [translation] "often" successful (ibid.).

Sources also indicate that there are no shelters for women in Gabon (ibid.; UN 17 Feb. 2015).

Lastly, some sources note that, in 2011, the Sylvia Bongo Ondimba Foundation for the Family launched a free crisis hotline for widows, the 1455 (Gabon Nouvelle Vision 18 Oct. 2015; Le Nouveau Gabon 23 June 2015; FSBOF 23 June 2015, 3). According to the Libreville online daily Le Nouveau Gabon, this telephone service helps direct widows to the appropriate services (Le Nouveau Gabon 23 June 2015). The daily adds that approximately 160,000 calls have been processed between its implementation and June 2015 (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Agence gabonaise de presse (AGP). 23 June 2015. "Spoliation de la veuve : encore des victimes au Gabon." [Accessed 3 Dec. 2015]

Courrier des journalistes. 24 June 2015. "Gabon : le calvaire des veuves et orphelins." [Accessed 3 Dec. 2015]

Fondation Sylvia Bongo Ondimba pour la famille (FSBOF). 23 June 2015. Dossier de presse. Journée internationale des veuves. 5e édition. [Accessed 26 Nov. 2015]

Gabon. 7 December 2015. Direction générale de la protection de la veuve et de l'orphelin du ministère de la Santé, de la Prévoyance sociale et de la Solidarité nationale. Telephone interview with a representative.

_____. 17 February 2015. Statement from the head of the delegation, 60th session of the Committee on the Elimination of Discrimination against Women. [Accessed 4 Dec. 2015]

_____. 1989. Code civil. Deuxième partie. Loi no 19/89 du 30 décembre 1989. [Accessed 11 Dec. 2015]

Gabon Nouvelle Vision. 18 October 2015. "Action sociale : Sylvia Bongo contre la spoliation de la veuve et de l'orphelin." [Accessed 3 Dec. 2015]

Kouyaté, Morissanda. 11 May 2009. Harmful Traditional Practices Against Women and Legislation. Report presented to the United Nations Division for the Advancement of Women. (EGM/GPLHP/2009/EP.07) [Accessed 9 Dec. 2015]

Le Nouveau Gabon. 23 June 2015. "Des consultations juridico-administratives gratuites pour les veuves." [Accessed 3 Dec. 2015]

Mouvement gabonais pour le bien-être familial (MGBEF). 4 December 2015. Telephone interview with a coordinator.

Organisation for Economic Co-operation and Development (OECD). [2014]. Social Institutions & Gender Index (SIGI). "Gabon." [Accessed 27 Nov. 2015]

Professor of anthropology, Omar Bongo University, Libreville, Gabon. 4 December 2015. Telephone interview.

Que dit la loi. 1 September 2015. Harold Leckat. "Que dit la réforme du droit des successions issue de la Loi n° 002/2015 du 25 juin 2015." [Accessed 3 Dec. 2015]

_____. N.d. Harold Leckat. "L'édito." [Accessed 15 Dec. 2015]

Research associate, Centre national de la recherche scientifique et technologique (CENAREST), Libreville, Gabon. 7 December 2015. Telephone interview.

United Nations (UN). 17 February 2015. Committee on the Elimination of Discrimination against Women. "Le Comité pour l'élimination de la discrimination à l'égard des femmes examine le rapport du Gabon." [Accessed 7 Dec. 2015]

Additional Sources Consulted

Oral sources: African Studies Association (US); African Studies Association UK; African Studies Centre, Oxford University; African Studies Programme, University of Toronto; African Studies Programme, York University; Agir pour le genre Gabon; Anthropology Department, McGill University; Center for African Studies, Stanford University; Centre of African Studies, Cambridge University; Centre national d'appui aux organisations des femmes du Gabon; Coordination des ONG féminines gabonaises; European Union - Delegation in Libreville; Fondation Sylvia Bongo Ondimba pour la famille; France - Bureau de l'Agence française de développement à Libreville; Gabonese Red Cross; Groupe interuniversitaire d'études et de recherches sur les sociétés africaines, Université Laval and Université de Montréal; Institut des mondes africains; Institut national d'études démographiques; Institute of African Studies, Carleton University; Institute for the Study of International Development, McGill University; Inter-African Committee on Traditional Practices; Lawyer in Libreville; Réseau démocratie droit paix; School of Oriental and African Studies, University of London; Union des ONG du Gabon; United Nations - Office of the United Nations Population Fund in Libreville, Office of the United Nations Development Programme in Libreville.

Internet sites, including: Economie-gabon.com; Freedom House; Gabonactualite.com; Gaboneco.com; Jeune Afrique; Legabonemergent.com; News.alibreville.com; United States - Department of State.