The Interplay Between Customary Law on Inheritance in Southern Cameroons and the Human Rights Principle of Gender Non-Discrimination

Abstract

Cameroon’s plural legal system combines colonial French and British models, municipal legislation, human rights principles, and customary law. This coexistence generates persistent tension, particularly between discriminatory inheritance customs and egalitarian human rights norms. Customary law in Southern Cameroons remains highly patriarchal, treating women as legal minors restricted to usufruct rights, thereby excluding them from contracting, acquiring, or disposing of property. Such practices undermine women’s inheritance rights and perpetuate inequality. Ordinary courts attempt to curb these customs through the repugnancy and incompatibility tests under Section 27(1) of the Southern Cameroons High Court Law. Yet these measures have produced divergence rather than reform, as unofficial customary courts—widely relied upon in rural and poor urban areas—continue to enforce discriminatory norms. This article examines the interplay between customary inheritance law and the human rights principle of gender non-discrimination, urging proactive state intervention to dismantle stereotypes and translate egalitarian jurisprudence into lived reality.