222123085 JEDA OCT 2013 Journal of Education in Developing Areas1x
By
Department of Curriculum Studies and Educational Technology
Faculty of Education University of Port Harcourt
Email: [email protected]
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Department of Curriculum Studies and Educational Technology
Faculty of Education University of Port Harcourt
Email: [email protected]
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295
Inheritance according to Investopedia (2013) has been defined as all or part of a person’s
estate/assets that is given to an heir, once the person is deceased. While discrimination
has been defined by Web Finance (2013) as follows;
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Bias or prejudice resulting in denial of opportunity or unfair treatment regarding
selection, promotion, transfer.
Unequal treatment provided to one or more parties on the basis of mutual accord
or some other logical or illogical reason.
Inheritance based on the above definition is a very important aspect of a family and
can affect the distribution of wealth since it has to do with passing on of rights, titles,
debts, property when an individual dies. The implication of this is that families who have
a high amount of inheritance transmit more to their children which means that they are
more likely to own homes than those who did not inherit.
Women form the majority of the world’s poorest people and the number of women
living in rural poverty has increased by 50% since 1975. Women work two/thirds of the
world’s working hours and produce half of the world’s food yet they earn only 10% of the
world’s income and own less than 1% of the world’s property. In some countries women
unlike men, cannot dress as they like, drive, work at night, inherit property or give
evidence in court an article by the office of the High commissioner for Human Rights
(OHCHR 2013).This could be classified as discrimination against women.
The Convention on the Elimination of all forms of discrimination against women
adopted in1979 by the United Nations General Assembly, has defined discrimination
against women as any distinction, exclusion or restriction made on the basis of sex which
has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise
by women, irrespective of their marital status, on a basis of equality of men and women,
of human rights and fundamental freedoms in the political, economic, social, cultural, civil
or any other field.(CEDAW, 2000)
In spite of the efforts made by different organizations, women’s property rights are
violated. Chief among them are discriminatory laws and customs, biased attitudes,
unresponsive authorities and ineffective courts, low level of awareness of their rights, the
time and expense of pursuing claims, and the social stigma of being considered greedy or
traitors to culture of they assert their rights. NGOS that work with these women also face
harassment for their work (Win Africa 2013)
Efforts have been made by the United Nations and different organizations to curb
discrimination against women especially in Africa. Such efforts are enshrined in the
Protocol to the African charter on Human and Peoples Rights on the Rights of women in
Africa. (African Commission on Human Rights, 2013).
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Article 2 of the African Charter on Human and Peoples Rights states the
principle of non/ discrimination on grounds of race, ethnic group, colour, sex,
language, religion, political or any other opinion, national and social origin,
fortune, birth or other status.
Article 18 of the African Charter on Human and Peoples’ Rights which calls on
state parties to eliminate all forms of discrimination against Women and to ensure
the protection of the rights of women as stipulated in international declarations
and conventions.
The African Platform for Action and the Dakar Declaration of 1994 and the
Beijing Platform of Action of 1995 call on all Member States of the United
Nations, which have made a solemn commitment to implement them, to take
concrete steps to give greater attention to the human rights of women in order to
eliminate all forms of discrimination and of gender/based violence against women.
The United Nations Security Council Resolution 1325(2000) on the role of
women in promoting peace and security
The Constitutive Act of the African Union and New Partnership for Africa’s
Development, relevant Declarations, Resolutions and Decisions, which underline
the African States to ensure the full participation of African Women as equal
partners in Africa’s development.
The protocol to the African Charter on Human and people’s Rights on the Rights
of women in Africa Article 21(2003) which gives a widow the right to an equitable
share in the inheritance of her husband’s property. The protocol also protects the
girl child by stating that Women and Men have the right to inherit equitable
shares. This provides an equal inheritance rights for female and male children.
The United Nations in its Resolution 1998/15 in UN/HABITAT (2006) urged
governments to amend and repeal laws and policies pertaining to land, property and
housing which deny women security of tenure and equal access and rights to land,
property and housing. Encourage the transformation of customs and traditions which
deny women equal access to rights to land, property and housing and adopt and enforce
legislation which protects and promotes women’s rights to own, inherit, lease or rent land,
property and housing.
The effort being made by the United Nations and various organizations to prevent
women from being denied access to inheritance, exploitation, subjugation and oppression
has resulted in finding out community leaders’ perception of inheritance discrimination
against female children in Mbaitoli local Government area of Imo State, Nigeria.
There is unequal distribution of inherited wealth in many families in the world especially
in Africa and specifically Nigeria. While many female children receive little from
inheritance, most male children receive large amounts. Inheritance can play a major role in
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class position in the society, since it has to do with material accumulation, which was not
consumed from one generation to the other. This means that the advantages and
privileges of some people at the time of birth can be linked to inheritance while the
disadvantages and fewer privileges of others at the time of birth can also be linked to
inheritance.
In most African countries the female child is not given equal opportunity as the
male child to inherit property or any form of wealth from their late parents estate, because
property is viewed as belonging to men and should be under the care of a male guardian
who could be a father, husband, brother or brother in/law, especially under the customary
law. Effort made by various International Organizations, to curb the discrimination of the
female child shows that, curbing it has to start with the communities. This has
necessitated the need to find out how community leaders perceive inheritance
discrimination against female children in Mbaitoli Local Government Area of Imo States
The purpose of the study is to find out community leaders’ perception of inheritance
discrimination against female children in Mbaitoli Local Government Area of Imo State.
In specific terms the study intends to:
1. Find out the difference between male and female community leaders’ perception
of inheritance discrimination against female children.
2. Determine the difference between educated and non/educated community
leaders perception of inheritance discrimination against female children.
3. Determine the difference between socio/cultural norms and community leaders’
perception of inheritance discrimination against female children.
The findings of this study helped to throw more light on the impact of the activities of
various International human rights Instruments on communities. It showcased the fact
that more work has to be done if women are to enjoy any form of inheritance rights.
There is need for intensification of programs that will ensure public enlightenment of
Women on their fundamental human rights as citizens of Nigeria.
1. What is the difference between male and female community leaders’ perception of
inheritance discrimination against female children in Mbaitoli Local Government Area
of Imo state?
2. What is the difference between educated and non/educated community leaders’
perception of inheritance discrimination against female children in Imo State?
3. What is the difference between socio/cultural norms and community leaders’
perception of inheritance discrimination against female children in Mbaitoli Local
Government Area of Imo State?
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298
1. There is no significant difference between male and female community leaders’
perception of inheritance discrimination against female children.
2. There is no significant difference between the educated and non educated
community leaders’ perception of inheritance discrimination against female children.
3. There is no significant difference between socio/cultural norms and community
leaders’ perception of inheritance discrimination against female children.
Inheritance discrimination against women could be explained in this sentence stated by
the United Nations Special Rapporteur on Adequate Housing (2002) thus; in all most all
countries, whether developed or developing, legal security of tenure for women is almost
dependent on the men they are associated with. Women headed households and women
in general are far less secure than men. Very few women own land.
Discrimination against women in Nigeria has been traced by Olagbegi & Afolabi
(2004) to the patriarchal Nigerian society which readily adopts the legal system which is
favorable to the relegation of women to the background. The male/dominated society
prefers the application of some of those discriminatory aspects of the Customary and
Sharia laws which adversely affected the status and positions of women in the society.
The above statement has been buttressed by the Federal Ministry of Women
Affairs (2006) which states that inheritance succession in Nigeria is patrilineal with the
exception of some communities. It is so because it is believed that a daughter has no right
to succeed her father’s estate or property because she is expected to get married and leave
her parents home, and so she cannot inherit land because that will mean transferring it to
another family though there are some exceptions.
A customary practice in the South East of Nigeria known as Nrachi Nwanyi
allows a man who has no son to keep one of the daughters at home to raise children to
succeed him. Once the ceremony has been performed the daughter becomes a man.
Among the Ijaws in the South/South of Nigeria, an unmarried daughter enjoys the same
rights of inheritance with her brothers while in Efik, a daughter whether married or not
has the right of succession.
Benschop (2004) states that where statutory national laws recognize women’s
rights to land, housing and property, traditional values prevail amongst judges, police
officers, local councilors and land officials. They often interpret statutory laws in what at
present are understood to be customary ways, as a result of which women are deprived of
the rights they should enjoy under statutory law.
Religion also plays a role in inheritance discrimination as the two religions
practiced in Nigeria (Christianity and Islam) prevent women’s rights to inheritance.
According to Islamic inheritance jurisprudence, sons inherit twice more than daughters
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299
while in Christianity inheritance is patrilineal. The promised land is passed on from one
Jewish father to the other but there is an exception in Number 27:1/4, where the
daughters of Zelophehad came to Moses and asked for their father’s inheritance, as they
had no brothers and in verses 7/11, he said that the Lord grants that if a man has no sons
then his daughter may inherit in this order: a man’s sons inherit first, daughters if no sons,
brothers if he has no children.
Inheritance discrimination is not peculiar to Nigeria. In Bangladesh according to
Sultana (2010), the socio/cultural values and norms has a strong influence on the issue of
women discriminations due to the existing patriarchal social system. In matters of
marriage, divorce, maintenance and inheritance, women are deprived of equal rights. Men
always inherit more than women living most of the rural women in Bangladesh landless
since very few can own property under their names.
In Malawi, according to the Wills and Inheritance act of 1937 (Women’s Property
and Inheritance Rights 2003), property is supposed to be distributed according to the
wishes of the deceased if there is a will, but if there is none the customary laws take over
which leaves little to women and children if a husband dies.
In Nepal, Steinzor (2003) states that some aspects of their law are discriminatory,
especially the one that deals with daughters returning their inheritance upon marriage.
Crowley (2011) perceives inheritance discrimination as a factor that leads to poverty by
stating that women and children suffer disproportionately from shocks when their rights
to household resources, including land, are mediated through men. Direct access to land
minimizes women’s risk of impoverishment and improves the physical well being and
prospects for their children.
Efforts have been made in the statutory laws of Nigeria according to Ezeilo
(2011), to erase the inheritance discrimination against women such as Land use Act of
1978 which prohibits the application of any customary law which prohibits, restricts or
regulates the devolution on death any particular class of person or the right to occupy
land for the purposes of depriving any person of any beneficial interest in any such land
other than the right to occupy same, or depriving him or her of the right to the proceeds
of sale thereof to which he or she may be entitled under the rules of inheritance or any
other customary law.
In spite of these laws, Ezeilo (2011) points out that it is significant to observe that
lives of the majority of Nigerians are governed by customary laws. Not surprisingly, about
80% of disposition of property are settled under customary law. Since customary laws are
generally weighted against women, their rights of inheritance suffer unduly in the face of
systematic gender discriminatory and oppressive rules.
Steinzor (2003) is of the opinion that curbing inheritance discrimination poses
some challenges which if tackled could curb some of the discriminatory practices against
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300
women. However she stated some problems faced and efforts that can be made as
follows;
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•
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Ensuring Women’s rights is part of the democratization process.
Many women lack the awareness that there are statutory laws applicable to them.
Improvement will come if attitudes towards women and social norms are
addressed.
Gender concerns are most effectively addressed when they are linked to broader
discussions and national development.
Efforts to improve property and inheritance rights are hindered by a general lack
of political will and the slow pace of legal change.
Change must begin at the local level and effort should be made to reach isolated
communities.
Literature review on inheritance discrimination suggests that curbing inheritance
discrimination must begin at the local level. Community leaders have been blamed for
encouraging all forms of discrimination meted against females. With all the efforts made
by international organizations toward curbing inheritance discrimination, the perception
of community leaders is pertinent.
The descriptive survey design which sought to find out community leaders perception of
inheritance discrimination against female children was adopted in this study.
The study population was made up of all male and female community leaders in 12 wards
that make up Mbaitoli Local Government Area.
!
Systematic random sampling technique was used to select (4) council wards and 20
villages from the study population while proportional stratified sampling technique was
used to select 40 participants comprising of 20 male and 20 female participants from the
villages.
"
The Inheritance Discrimination Assessment Scale (IDAS) developed by the researcher
was used to assess the perception of community leaders toward female Inheritance
discrimination. The instrument consisted of two sections – A and B. Section A contained
items that elicited biographical information of the respondents, while Section B contained
items that addressed the variables of the study. The questionnaire was constructed on a 4
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301
point Likert/ type scale of strongly agree (SA) 4 points, agree (A) 3 points, disagree (D) 2
points, and strongly disagree (SD) 1 point.
#
The questionnaire was validated by three experts in the Department of Curriculum
Studies and Educational Technology, University of Port Harcourt, Nigeria.
The reliability of the Inheritance Discrimination Assessment Scale (IDAS) was
determined using the split half method for a measure of its internal consistency and
correlated using Pearson Product Moment Correlation and a reliability coefficient of 0.82
was established and considered high enough for the study.
$
Data was analyzed using Pearson product moment correlation. Paired sample t/test and
one/way Analysis of Variance (ANOVA)
%
Results of the findings are presented in table 1, 2, 3, with Hypothesis.
&'
There is no significant difference between male and female community leaders perception
of inheritance discrimination against female children in Mbaitoli Local Government Area
of Imo State.
Since there are two leaders perception option on the inheritance discrimination against
female children (Female leaders and Male leaders), then independent t/test was used to
test the hypothesis. The results are shown in Table 1.
&: Independent t test comparisons of male and female leaders’ perception of inheritance
discrimination against female children
SD
T
Gender N
Χ
Female 19
59.53
6.535
Male
18
59.78
7.780
/0.107
Significant 0.05 level, Critical t = 2.02
df
Sig/level
35
0.916
As observed in Table 1, the male leader’s perception of inheritance discrimination against
female children is slightly higher than the Female leaders in Mbaitoli Local Government
Area. Also, the results revealed that the calculated t/value of /0.107 is less than the critical
t/value of 2.02 at 0.05 significant level on the 35 degrees of freedom, therefore the null
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302
hypothesis is accepted. The interpretation of this is that both genders strongly agree that
the inheritance discrimination against female children is very high.
('
There is no significant difference between educated and non/educated community leaders
perception of inheritance discrimination against female children in Mbaitoli Local
Government Area of Imo state.
A one/way Analysis of Variance (ANOVA) was used to test the hypothesis. The results
are shown in Table 2.
(' Means, Standard Deviations and one way Analysis of Variance (ANOVA) of educated
and non educated communities leaders’ perception of inheritance discrimination against female children (i.e.
Areas of Qualification).
Educational Qualification
NCE
B. Ed
M.Ed
Others
Source of Variation
Qualifications
Error
N
4
17
2
14
Sum
Squares
7.733
1790.700
Total
1798.432
Significant 0.05 level, Critical F = 2.92
Χ
58.75
59.53
61.00
59.85
of
Df
3
33
SD
1.500
7.811
2.828
7.068
Mean
Square
2.578
54.246
F
0.048
Sig.level
0.986
36
The result in Table 2 shows that M.Ed qualifications have the highest mean scores of
61.00, followed by others (59.85), M.Ed (58.53) while NCE qualification have the least
mean scores of 58.75. The calculated F/value is 0.048 and since it is less than the critical
F/value of 2.92 at 0.05 significant levels with (3 and 33) degrees of freedom, it means that
the mean qualification scores of the communities leaders’ perception of inheritance
discrimination against female children do not differs significantly (p > 0.05). This implies
that community leader’s qualification does not influence leadership perceptions of
inheritance discrimination against female children. Both educated and non/educated
community leader’s perceptions of inheritance discrimination against female children are
similar.
)'
There is no significant difference between Socio/cultural norms and community leaders
perception of inheritance discrimination against female children in Mbaitoli Local
Government Area of Imo state.
Pearson Product Moment Correlation and Paired Samples Correction were employed to
test the hypothesis above. The results of the data analysis are shown in Table 3.
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303
)' Pearson Product Moment Correlation and Paired Samples t test of Socio/cultural norms
and Total leaders perception
Pair 1
Total/Norms
N
37
Correlation ( R)
0.026
N
Χ
Total
37
59.65
Norms
37
8.27
Significant 0.05 level, Critical t = 2.02
Means
51.378
SD
6.535
7.780
Std.
Error
1.237
Sig/
level
0.878
T
41.529
df
36
Sig/
level
0.000
The results in Table 3 indicate that the calculated r value is 0.026. This implies that a
relationship exists between Socio/cultural norms and community leaders’ perception,
since the significance level of the calculated r value (0.878) is greater than 0.05, it means
that null hypothesis is therefore accepted. Also, the Paired samples t/test shows that the
calculated t/value of 41.529 was found to be greater than the critical t/value of 2.02
needed for significance at 0.05 alpha level of significance (with 36 degrees of freedom).
With this result, it therefore implies that there exist disparity in Mbaitoli Local
Government Area of Imo state between Socio/cultural norms and community leaders’
perception of inheritance discrimination against female children.
%
The study sought to find out the difference between male and female community leaders’
perception of inheritance discrimination against female children. The result obtained
showed that there is no significant difference between male and female leader’s perception
of inheritance discrimination against female children. Investigation on the difference
between educated and non/educated community leader’s perception of inheritance
discrimination against female children, revealed a strong, positive and significant effects
on educational qualification, while the findings on the effect of Socio/cultural norms and
community leaders perception of inheritance discrimination against female children
showed that there exist disparity between Socio/cultural norms and community leaders’
perception of inheritance discrimination against female children in Mbaitoli Local
Government Area of Imo state.
%
The educational implication of findings is that since the customs of the people is a major
factor preventing female children from inheriting. Effort should be made to create social
awareness in the curriculum of schools which will portray the disadvantages of
disinheriting female children which range from inability to support their families, social
stratification or class position in the society.
Since the advantages and privileges of people at the time of birth can be linked to
inheritance while the disadvantages and fewer privileges of others at the time of birth can
Official journal of the Faculty of Education, University of Port Harcourt. | www.jeda-uniport.com
304
also be linked to inheritance there is need to create awareness for women to know their
fundamental human rights which includes insistent on being part of family inheritance
and seek legal help if denied of such rights.
"
Based on the results of the study it can be concluded that both genders/sex strongly agree
that the inheritance discrimination against female children is very high. Also, community
leaders’ perceptions have significant influence on Socio/cultural norms. The community
leaders’ perceptions for both educated and non/educated leader’s perceptions on
inheritance discrimination against female children are similar.
1. Public enlightenment on the Fundamental Human Rights of Women is necessary as
most women are not aware of their rights.
2. Setting consultation centers where women who have been denied of their rights could
lodge complain so that government can intervene.
3. Scholarships for women to acquire education should be encouraged since education
increases the level of awareness of women on their rights.
4. The different decisions of International human rights instruments should be included
in the Curriculum of Schools in Nigeria.
5. Government should provide legal aid for the poor who have been denied their
Inheritance Rights.
African Commission on Human and Peoples Rights (2013). Protocol to the African
Charter on Human and Peoples Rights on the Rights of Women.
http://www.achpr.org/instruments/women/protocol. Retrieved on 5/5/13.
Benschop, M. (2004). Womens Rights to Land And Property. UN/HABITAT
http://www.unhabitat.org/tenure Retrieved on 5/5/13.
CEDAW (2000) Convention on the Elimination of All Forms of Discrimination Against Women.
http://www.un.org/womenwatch/daw/cedaw Retrieved on 5/5/13.
Crowley, E. (2001). Empowering Women to achieve food security. International Food Policy
Research Institute. Washington, 20006/1002.
Ezeilo, J. (2011). Laws and Practices Relating to Women’s Inheritance Rights in Nigeria.
Women Aid Collective. Enugu: (WACOL).
Federal Ministry of Women Affairs and Social Development (2006). Initial Country
Report on Implementation of AU Solemn declaration on gender equality in Africa
Nigeria: Abuja
Investopedia (2013). Inheritance. http://www.investopedia.com/terms/i/inheritance.asp
Modpagespeed/nonscript/ Retrieved on 5/5/13
Official journal of the Faculty of Education, University of Port Harcourt. | www.jeda-uniport.com
305
Olagbegi, O. & Afolabi, B .(2004). Actual Women Situation in Nigeria. Nigeria: Women in Law
and Development in Africa (WILDAF)
OHCHR
(2013)
Combating
discrimination
against
women.
http:/
/www.hrweb.org/legal/cdw.html. Retrieved on 6/5/13.
Steinzor ,N .(2003). Women’s Property and Inheritance Rights: Improving Lives in a Changing
Times. U.S.A.: Development Alternatives Inc.
Sultana A. M. (2010) Socio/ Cultural dimension of womens discrimination in rural
communities. Ozean Journal of Sciences. 3(1) 2010 ISSN 1943/2577
UN/ HABITAT (2006). Women’s Equal Rights to Housing, Land and Property in
International Law. Nairobi: UN/HABITAT
United Nations Rapporteur on Adequate Housing (2002). UNDOC.E/CN.4 2002/59.
Web
Finance
(2013).
Discrimination.
http://www.businessdictionary.com/
definition/discrimination.html. Retrieved on 5/5/13.
Win Africa (2013). Win Inheritance Now.
http://www. winafrica.org/faq/womens/property/rights/in/sub/saharan/africa Retrieved
on 6/5/13
Women’s Property and Inheritance Rights (2003). Empowering widows in Development,
brief on inheritance Rights in Malawi. A project funded by the office of women in
Development Bureau for Global Programs, Field Support and Research. U. S.
Agency for International Development. Under contract number FAO/0100/C/00/6005/00
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Department of History, Centre for Africa Studies
University of Buea, Cameroon
Research Scholar: University of South Africa, Pretoria.
[email protected], [email protected]
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The German colony of ‘Kamerun’ was partitioned in 1916 and administered as two
Mandates and Trusteeships of the League of Nations (L.O.N) and the United Nations
(U.N.) respectively by Britain and France between 1922 and 1961. The final phase of the
independence of the territory was achieved on October 1, 1961 when the British ended
their trusteeship over Southern Cameroons. The territory had in a plebiscite organized on
11 February that year, voted to reunify with the French sector which had obtained
independence on 1 January 1960 as La Republic du Cameroun. Reunification warranted the
development of a concrete political and socio/economic frame work that would not only
ensure the positive utilization of the gains from the two colonial systems but also
guarantee the development of an authentic Cameroonian identity in various sectors of life.
As far as education was concerned, the British and the French administering
authorities had operated two systems of education distinct in matters of policy, structure
and content at all levels. Reunification therefore imposed on the new nation an urgent
need to restructure education in a way that will ensure that one colonial system does not
dominate the other; that will mitigate the overriding influence of the two colonial
heritages; that will assail the various state and cultural affiliations and most especially, one
that would develop into a unique and authentic system of education that will inspire a
sense of adherence to a single Cameroonian identity.
Using the historical analytic method, content analysis and textural reviews, the paper
exposes the practical differences in educational structure in the two colonial spheres and
the efforts made to develop an authentic Cameroonian system between 1961 when
reunification was achieved and 2001 when the application of the 1998 law on education
went into force. The paper posits that for more than fifty years, the application of
reunification in matters of education is still an issue of circumnavigation. It also
demonstrates that the development of a national system is still illusory and that it is more
appropriate to talk of the co/existence of the two colonial heritages than a Cameroonian
educational system.
*
+
In the views of Tchombe (2001), structural reforms in any system strive to accommodate
social, political and technological changes as a function of historical development. Such
changes necessitate the re/adaptation of social services and their institutions, so as to
enable people meet with demands of the changing times. In education, the concept of
structural reforms reflects administrative and pedagogical adjustments during each
political epoch. The need for such reforms becomes even dire in the context where two
or more formerly autonomous states come together to form a new state or supra/state
structure. In some parts of the world, reunification has been a political and economic
option that has occasioned complicated but realistic processes of structural reforms in the
reunified entity. Most importantly, it has inspired a radical transformation of educational
permutations aimed at meeting the goals of the new reunified state. Apart from
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308
emphasizing the extension of educational opportunities to the entire population in the
union alongside man power development, the forging of national unity has always been a
major preoccupation of reunification.
Reunification implies the coming together of two previously autonomous systems,
the dissolution or blending of these systems for the purpose of establishing one common
system that would foster unity in all facets of life. It is often expected that those
establishing the union would set up one central system which would not divide the
allegiance of the citizens. In this way the new system would not permit the continued
loyalty to the erstwhile regions or systems because such an allegiance is apt to breed
discordance and separatist tendencies among the constituent units (Ray and Bhattacharya,
2005). Brief, the members of the reunified state are expected to prepare and embrace a
totally new system which although picking up good qualities from the old systems is
thought to be completely different from them. In terms of service delivery and structure
the new system should go a long way to meeting the demands of the reunified entities
better than any of the previous systems. Thus the establishment of a new system becomes
the ultimate fall out of reunification. This is what is called the homogenization or the
synchronization of previously autonomous, functionally different systems, in favour of a
system having a unique national character (Hoosen, Butcher, Khamati, 2009). Areas of
attention often include; national goals and philosophies of education, curriculum content,
educational structures, policies, legal frameworks, examination regulations, organization
and certification, quality assurance and control.
Harmonization has become the major term adopted to fulfill the demands of
reunification of the educational systems getting into the union. The specific purpose being
the establishment of a synchronized system as a strategy for strengthening the capacity of
education institutions to meet many emergent needs. Through innovative forms of
collaboration amongst the various stakeholders in the union, education can systematically
be improved against common agreed benchmarks of excellence, thereby facilitating the
mobility of students and teachers across the cultures being harmonized. The aim is to
have similar programmes, structures and curricula for enhancement of a productive and
creative human resource for the united socio/political systems.
Harmonization of education may not be peculiar to a reunified state as Cameroon
after 1961. In Germany, the vast differences between the former East/Germany and West
Germany in life style, wealth, political belief, education and other values have warranted
politicians and scholars to call for harmonization after 1990. It has also gone beyond
national to supra/state concerns as most regional blocs call for greater and more cohesive
regional integration policies. In the European Union for example harmonization of school
programmes, certificates and structures is currently underway (Ravioli, 2009). The
Bologna Process is an ongoing process of integration and harmonization of higher
education systems within Europe. Its conceptual framework and action lines have the
ultimate objective of establishing a “European Higher Education Area” (EHEA), where
harmonization of academic degrees and quality assurance practices are guaranteed.
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In East Africa article five of the treaty of the establishment of the East African
Community Education (East African Community, 2012) clearly states that in order to
promote the achievements of the objectives of the community, partner states agree to
undertake concerted measures to foster cooperation in education and training within the
community. Apart from agreeing to co/ordinate their human resources, develop
programmes and policies, the member states have agreed to also harmonize curricula,
examinations, certification, and accreditation and training institutions through the joint
action of their relevant national bodies in charge. In this region since 1998, harmonization
has moved from theory to practice as the states concerned have actually integrated and
harmonized the provision and training services through harmonized curriculum and
established regional organizations and institutions such as the East African National
Educational Council. Although unity of curricula has not yet been achieved, the treaty
setting up the East Africa Community Education noted that it would be preposterous to
completely rule out uniformity in this regard (as per the working definition of
harmonization) (East African Community, 2012). Consequently, the target is the adoption
of a common school structure and programmes for the whole region in the near future.
UNESCO (1962:43) has clearly made known three types or levels of harmonization
of education. The first option is for the various stakeholders to adopt the system in place
in one of the member states seen as more proficient and or efficient than the others. This
may not be a popular option as none of the states would be likely disposed to give up
their system if the others are not doing so too. The second option is for the
stakeholders/member states to run the same programmes in their various languages after
harmonizing structures and curricula. The third option is that a completely new system
could be introduced beginning with the lowest class or level and continuing year by year
until an entirely new local system comes into being. The EU and the East African
Community seem to be adopting the second option by establishing an increasingly
networked and interrelated group of curriculum and examination systems, linked in a way
that they demonstrate overlapping, inter/connected and comparable logics that are
capable of influencing each other across the partner states.
,
The Germans had established an effective educational system in the Cameroons based on
a five year elementary course and a series of vocational centres. These were expected to
take care of the educational needs of the whole colony. From the Conference of
Education held in 1907 culminating in the 1910 Education Act, it was evident that the
Germans were determined to develop an ultra/modern educational system in the territory.
However their ambitions for Kamerun were cut short by the First World War. Being a
battle field, most of the German educational institutions were destroyed during the over
18 months of intense fighting all over the territory and their eventual defeat saw the
partition of the territory by Britain and France.
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310
In 1922, the League of Nations was formed to ensure world peace and prevent the
occurrence of future wars. Article 22 paragraph 5 stated that the peoples of Cameroon
would be placed under the mandate of the League of Nations. Although Britain and
France accepted the General provisions of the League of Nations, it was evident that
France intended to administer the territory as an integral part of the French overseas
empire. As part of the 12 point Mandate Agreement that ensued in 1922, Fanso (1989:60)
recounts that Britain and France amongst other things declared their intentions to be
responsible for “… the promotion of the material and moral wellbeing and the social
progress of their inhabitants.” The Council of the League of Nations accepted the terms
without amending any article and on 20 July 1922 conferred the territories to their
respective powers; each of these powers administering the colony guided their
administrative and educational policies. These policies became so diverse that by the time
of reunification, the territories were so different in outlook and development. These
differences were to pose great challenges to the reunification of the two inherited systems
and have impeded the adoption of an authentic or unique Cameroonian national
education system since then.
As rendered in Ngoh (1996), France strongly believed that the partition of
Cameroon was not provisional and so moved on to establish an autonomous but effective
administration for their sphere. The educational system which they established was not
based on any new policy specifically for the territory although her legal connection with
the League of Nations and United Nations called for that. Throughout their stay in
Cameroon, the French believed that their acceptance of the League of Nations Mandate
and United Nations Trusteeship to administer Cameroon had many implications; first
amongst these was that France should lead the indigenous people to a superior stage of
civilization. This made her morally obliged to use her national genius and talent to
accomplish the mission she accepted in 1922 and 1945. This and many such believes
justified her argument for the exclusive use of the policy of assimilation in Cameroon and
other French overseas territories.
Assimilation aimed at creating a native/Cameroonian elite class by eliminating
African culture and replacing it with French culture, language and civilization. This was
with the calculation that, if an African elite was created, it could be used to convince their
kith and kin to accept French rule and tutelage. In 1903, the then Governor/General for
French West Africa explained this twofold objective of French education in Africa;
According to Moumouni (1968), the elites were trained to become auxiliaries of the
administration in every area and the masses were to be educated to civilize them and
assimilate them into the French way of life.
To Britain, her initial attitude towards the acquisition of parts of German Cameroon
guided her policy on education in the territory. She had acquired Cameroon as a
bargaining chip for more strategic territories elsewhere in the world. This justified her
laissez/faire attitude on Cameroon and her seeming neglect of the economic and social
development of the territory. Article 22 of the covenant of the League of Nations stated
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311
that if a territory lay adjacent to another territory of a mandated power, the former could
be incorporated into the latter, in order to effect the smooth customs, fiscal and
administrative union between the territories. (Aka, 2002: 26) On the basis of this
agreement, the Southern Cameroons was administered as part of Nigeria. This decision
brought education in Cameroon under the British education policy for Nigeria.
The philosophical orientation of education in British Cameroons was found in the
British policy of Indirect Rule. While the French carefully developed an assimilationist
education, the British favoured an Adaptationist philosophy of education to suit the
objectives of their colonial policy in Nigeria. The British believed that the wholesale
transfer of the educational conventions of Europe and America to the peoples of Africa
as the French did through assimilation was not certainly an act of wisdom. (Aka, 2002: 58)
Based on the recommendations of the Phelps/Stokes Commission and the British
Advisory Committee on education in her tropical territories, a memorandum of education
was published in 1925 as the education policy in British Tropical Africa. This policy
favored a system of adapting education to “the mentality, aptitudes, occupations and
traditions of the various peoples so as to render them more efficient in their condition of
life… and in the management of their own affairs” (Aka, 2002: 59).
In terms of management and control of the educational sector, the two
administering authorities also demonstrated different approaches throughout the colonial
period. The French policy of assimilation favoured a tight and centralized system of
administration while the British policy favoured a decentralized system over African
territories. Centralization enabled France to create a sense of unity and belonging to
France. Since 1903 that assimilation was adopted, the French set up an educational system
in their African territories whereby both public and mission schools were centrally
controlled from France. In 1945, this policy was reiterated by an order which provided for
an expanded school system whose structure and duration was in conformity with the
metropolitan system and which was to be rigidly controlled from Paris.
Centralization also ensured that voluntary agencies operating schools in the territory
were strictly under government control and respected government policy on education
making sure that they did nothing to disturb the assimilation process (Mac Ojong,
2008:70). All regulations governing education in French Cameroon were issued by the
commissioner in the form of orders, circulars and decisions. Educational programmes
were prescribed and detailed precisely so that every teacher should know what had to be
taught daily, weekly, monthly and yearly in all subjects and courses at various levels and
types of schools. Apart from matters of policy, the duration, financing, structure and
curriculum of all the school systems in French Cameroon was also centrally planned.
The educational system of the British colonial government varied extensively from
that of the French. The application of the Indirect Rule system meant that schools were
built and operated by the indigenous Cameroonian communities themselves and at best
by missionaries. This meant bearing the financial burden with funds derived from taxing
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312
the indigenes. Throughout the period, local education committees became formal
education authorities. The local education committees were entrusted with the
responsibility of the administration of primary education in their areas. The principle of
local education committees was made to stimulate local interest and generate co/operation
between the local communities and the government. The local committees which became
local boards of education after 1948 comprised representatives of the government in the
area, the voluntary agencies, the Native Authority concerned and members of the area
branch of the Nigerian Union of teachers (Gwei, 1975:91). These were features of the
policy of regionalization which became most instrumental for education and were
reiterated by the 1946 Richard’s constitution.
Another area of great discordance was in the language of instruction. In French
Cameroon the French language played a central role in education. To achieve their
purpose it was a matter of strict policy that French was to be taught to all the indigenes so
that they will think like French men and be able to acquire the fruits of French science
and literature. (Gwei, 1975:202) This was contained in the French educational programme
that was issued in a circular of August 29, 1916 and addressed to all Divisional Officers
and the presidential decree of May 10, 1924 which reorganized education in French West
Africa. The decree prescribed French as the only language of instruction and prohibited
the use of local languages on the school premises by both teachers and pupils. The
knowledge of a common language allowed all peoples to converse with one another and
permitted the development of a feeling of national unity and patriotism around France
and the beginning of a spirit of national awareness for the French Republic (France,
1923:19).
Contrarily, the British on their part made it a matter of policy to study the
educational use of the vernaculars. Teachers were to study the various vernaculars,
develop vernacular textbooks and adapt their content and method of teaching to African
conditions and environment. Even in the trusteeship era the vernacular was prescribed as
a means of instruction in the infant classes on the principle that the ideas presented to
younger children are most readily explained and correlated with their limited experience of
life in their own mother tongue. The argument was that the free development of their
minds must not be hampered by making the assimilation of ideas unnecessarily difficult
by presenting them in a language not readily understood. The policy laid down in all
schools or departments that; “the vernacular should be the medium of instruction where
its use will aid in the thorough assimilation of instruction given”(Great Britain, 1948:134).
Although they were initially worried that the territory was a “country of innumerable
languages” and that the use of the vernacular as a medium of instruction in government
schools would be problematic, the 1926 Cameroon Provisional School Committee
insisted on the use of the vernacular claiming that English “would slow down the child’s
progress” (Great Britain, 1948:135) As a matter of policy therefore the British adopted
vernacular as the language of instruction in the first three years of elementary schooling
(Duala for schools in Victoria and Kumba Divisions and Bali for the schools in the
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313
Bamenda Division. (British,1926) In French Cameroon the greatest part of education at
this level was the reading and writing French.
School financing was another issue where the two administering authorities differed
significantly. In British Cameroon, the Grant/in/aid regulations were based on the school
being educationally necessary, efficient and socially useful. The grant covered recognized
expenses such as teachers’ salaries and was determined by an assumed local contribution
which varied from region to region, rural and urban.1 In French Cameroon the only
requirement for the award of the grant was that the school was open to inspection by the
government. In this case while schools fell into categories of assisted and unassisted
schools in British Cameroon, according to w
Department of Curriculum Studies and Educational Technology
Faculty of Education University of Port Harcourt
Email: [email protected]
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Faculty of Education University of Port Harcourt
Email: [email protected]
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295
Inheritance according to Investopedia (2013) has been defined as all or part of a person’s
estate/assets that is given to an heir, once the person is deceased. While discrimination
has been defined by Web Finance (2013) as follows;
•
•
Bias or prejudice resulting in denial of opportunity or unfair treatment regarding
selection, promotion, transfer.
Unequal treatment provided to one or more parties on the basis of mutual accord
or some other logical or illogical reason.
Inheritance based on the above definition is a very important aspect of a family and
can affect the distribution of wealth since it has to do with passing on of rights, titles,
debts, property when an individual dies. The implication of this is that families who have
a high amount of inheritance transmit more to their children which means that they are
more likely to own homes than those who did not inherit.
Women form the majority of the world’s poorest people and the number of women
living in rural poverty has increased by 50% since 1975. Women work two/thirds of the
world’s working hours and produce half of the world’s food yet they earn only 10% of the
world’s income and own less than 1% of the world’s property. In some countries women
unlike men, cannot dress as they like, drive, work at night, inherit property or give
evidence in court an article by the office of the High commissioner for Human Rights
(OHCHR 2013).This could be classified as discrimination against women.
The Convention on the Elimination of all forms of discrimination against women
adopted in1979 by the United Nations General Assembly, has defined discrimination
against women as any distinction, exclusion or restriction made on the basis of sex which
has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise
by women, irrespective of their marital status, on a basis of equality of men and women,
of human rights and fundamental freedoms in the political, economic, social, cultural, civil
or any other field.(CEDAW, 2000)
In spite of the efforts made by different organizations, women’s property rights are
violated. Chief among them are discriminatory laws and customs, biased attitudes,
unresponsive authorities and ineffective courts, low level of awareness of their rights, the
time and expense of pursuing claims, and the social stigma of being considered greedy or
traitors to culture of they assert their rights. NGOS that work with these women also face
harassment for their work (Win Africa 2013)
Efforts have been made by the United Nations and different organizations to curb
discrimination against women especially in Africa. Such efforts are enshrined in the
Protocol to the African charter on Human and Peoples Rights on the Rights of women in
Africa. (African Commission on Human Rights, 2013).
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296
•
•
•
•
•
•
Article 2 of the African Charter on Human and Peoples Rights states the
principle of non/ discrimination on grounds of race, ethnic group, colour, sex,
language, religion, political or any other opinion, national and social origin,
fortune, birth or other status.
Article 18 of the African Charter on Human and Peoples’ Rights which calls on
state parties to eliminate all forms of discrimination against Women and to ensure
the protection of the rights of women as stipulated in international declarations
and conventions.
The African Platform for Action and the Dakar Declaration of 1994 and the
Beijing Platform of Action of 1995 call on all Member States of the United
Nations, which have made a solemn commitment to implement them, to take
concrete steps to give greater attention to the human rights of women in order to
eliminate all forms of discrimination and of gender/based violence against women.
The United Nations Security Council Resolution 1325(2000) on the role of
women in promoting peace and security
The Constitutive Act of the African Union and New Partnership for Africa’s
Development, relevant Declarations, Resolutions and Decisions, which underline
the African States to ensure the full participation of African Women as equal
partners in Africa’s development.
The protocol to the African Charter on Human and people’s Rights on the Rights
of women in Africa Article 21(2003) which gives a widow the right to an equitable
share in the inheritance of her husband’s property. The protocol also protects the
girl child by stating that Women and Men have the right to inherit equitable
shares. This provides an equal inheritance rights for female and male children.
The United Nations in its Resolution 1998/15 in UN/HABITAT (2006) urged
governments to amend and repeal laws and policies pertaining to land, property and
housing which deny women security of tenure and equal access and rights to land,
property and housing. Encourage the transformation of customs and traditions which
deny women equal access to rights to land, property and housing and adopt and enforce
legislation which protects and promotes women’s rights to own, inherit, lease or rent land,
property and housing.
The effort being made by the United Nations and various organizations to prevent
women from being denied access to inheritance, exploitation, subjugation and oppression
has resulted in finding out community leaders’ perception of inheritance discrimination
against female children in Mbaitoli local Government area of Imo State, Nigeria.
There is unequal distribution of inherited wealth in many families in the world especially
in Africa and specifically Nigeria. While many female children receive little from
inheritance, most male children receive large amounts. Inheritance can play a major role in
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297
class position in the society, since it has to do with material accumulation, which was not
consumed from one generation to the other. This means that the advantages and
privileges of some people at the time of birth can be linked to inheritance while the
disadvantages and fewer privileges of others at the time of birth can also be linked to
inheritance.
In most African countries the female child is not given equal opportunity as the
male child to inherit property or any form of wealth from their late parents estate, because
property is viewed as belonging to men and should be under the care of a male guardian
who could be a father, husband, brother or brother in/law, especially under the customary
law. Effort made by various International Organizations, to curb the discrimination of the
female child shows that, curbing it has to start with the communities. This has
necessitated the need to find out how community leaders perceive inheritance
discrimination against female children in Mbaitoli Local Government Area of Imo States
The purpose of the study is to find out community leaders’ perception of inheritance
discrimination against female children in Mbaitoli Local Government Area of Imo State.
In specific terms the study intends to:
1. Find out the difference between male and female community leaders’ perception
of inheritance discrimination against female children.
2. Determine the difference between educated and non/educated community
leaders perception of inheritance discrimination against female children.
3. Determine the difference between socio/cultural norms and community leaders’
perception of inheritance discrimination against female children.
The findings of this study helped to throw more light on the impact of the activities of
various International human rights Instruments on communities. It showcased the fact
that more work has to be done if women are to enjoy any form of inheritance rights.
There is need for intensification of programs that will ensure public enlightenment of
Women on their fundamental human rights as citizens of Nigeria.
1. What is the difference between male and female community leaders’ perception of
inheritance discrimination against female children in Mbaitoli Local Government Area
of Imo state?
2. What is the difference between educated and non/educated community leaders’
perception of inheritance discrimination against female children in Imo State?
3. What is the difference between socio/cultural norms and community leaders’
perception of inheritance discrimination against female children in Mbaitoli Local
Government Area of Imo State?
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298
1. There is no significant difference between male and female community leaders’
perception of inheritance discrimination against female children.
2. There is no significant difference between the educated and non educated
community leaders’ perception of inheritance discrimination against female children.
3. There is no significant difference between socio/cultural norms and community
leaders’ perception of inheritance discrimination against female children.
Inheritance discrimination against women could be explained in this sentence stated by
the United Nations Special Rapporteur on Adequate Housing (2002) thus; in all most all
countries, whether developed or developing, legal security of tenure for women is almost
dependent on the men they are associated with. Women headed households and women
in general are far less secure than men. Very few women own land.
Discrimination against women in Nigeria has been traced by Olagbegi & Afolabi
(2004) to the patriarchal Nigerian society which readily adopts the legal system which is
favorable to the relegation of women to the background. The male/dominated society
prefers the application of some of those discriminatory aspects of the Customary and
Sharia laws which adversely affected the status and positions of women in the society.
The above statement has been buttressed by the Federal Ministry of Women
Affairs (2006) which states that inheritance succession in Nigeria is patrilineal with the
exception of some communities. It is so because it is believed that a daughter has no right
to succeed her father’s estate or property because she is expected to get married and leave
her parents home, and so she cannot inherit land because that will mean transferring it to
another family though there are some exceptions.
A customary practice in the South East of Nigeria known as Nrachi Nwanyi
allows a man who has no son to keep one of the daughters at home to raise children to
succeed him. Once the ceremony has been performed the daughter becomes a man.
Among the Ijaws in the South/South of Nigeria, an unmarried daughter enjoys the same
rights of inheritance with her brothers while in Efik, a daughter whether married or not
has the right of succession.
Benschop (2004) states that where statutory national laws recognize women’s
rights to land, housing and property, traditional values prevail amongst judges, police
officers, local councilors and land officials. They often interpret statutory laws in what at
present are understood to be customary ways, as a result of which women are deprived of
the rights they should enjoy under statutory law.
Religion also plays a role in inheritance discrimination as the two religions
practiced in Nigeria (Christianity and Islam) prevent women’s rights to inheritance.
According to Islamic inheritance jurisprudence, sons inherit twice more than daughters
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299
while in Christianity inheritance is patrilineal. The promised land is passed on from one
Jewish father to the other but there is an exception in Number 27:1/4, where the
daughters of Zelophehad came to Moses and asked for their father’s inheritance, as they
had no brothers and in verses 7/11, he said that the Lord grants that if a man has no sons
then his daughter may inherit in this order: a man’s sons inherit first, daughters if no sons,
brothers if he has no children.
Inheritance discrimination is not peculiar to Nigeria. In Bangladesh according to
Sultana (2010), the socio/cultural values and norms has a strong influence on the issue of
women discriminations due to the existing patriarchal social system. In matters of
marriage, divorce, maintenance and inheritance, women are deprived of equal rights. Men
always inherit more than women living most of the rural women in Bangladesh landless
since very few can own property under their names.
In Malawi, according to the Wills and Inheritance act of 1937 (Women’s Property
and Inheritance Rights 2003), property is supposed to be distributed according to the
wishes of the deceased if there is a will, but if there is none the customary laws take over
which leaves little to women and children if a husband dies.
In Nepal, Steinzor (2003) states that some aspects of their law are discriminatory,
especially the one that deals with daughters returning their inheritance upon marriage.
Crowley (2011) perceives inheritance discrimination as a factor that leads to poverty by
stating that women and children suffer disproportionately from shocks when their rights
to household resources, including land, are mediated through men. Direct access to land
minimizes women’s risk of impoverishment and improves the physical well being and
prospects for their children.
Efforts have been made in the statutory laws of Nigeria according to Ezeilo
(2011), to erase the inheritance discrimination against women such as Land use Act of
1978 which prohibits the application of any customary law which prohibits, restricts or
regulates the devolution on death any particular class of person or the right to occupy
land for the purposes of depriving any person of any beneficial interest in any such land
other than the right to occupy same, or depriving him or her of the right to the proceeds
of sale thereof to which he or she may be entitled under the rules of inheritance or any
other customary law.
In spite of these laws, Ezeilo (2011) points out that it is significant to observe that
lives of the majority of Nigerians are governed by customary laws. Not surprisingly, about
80% of disposition of property are settled under customary law. Since customary laws are
generally weighted against women, their rights of inheritance suffer unduly in the face of
systematic gender discriminatory and oppressive rules.
Steinzor (2003) is of the opinion that curbing inheritance discrimination poses
some challenges which if tackled could curb some of the discriminatory practices against
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300
women. However she stated some problems faced and efforts that can be made as
follows;
•
•
•
•
•
•
Ensuring Women’s rights is part of the democratization process.
Many women lack the awareness that there are statutory laws applicable to them.
Improvement will come if attitudes towards women and social norms are
addressed.
Gender concerns are most effectively addressed when they are linked to broader
discussions and national development.
Efforts to improve property and inheritance rights are hindered by a general lack
of political will and the slow pace of legal change.
Change must begin at the local level and effort should be made to reach isolated
communities.
Literature review on inheritance discrimination suggests that curbing inheritance
discrimination must begin at the local level. Community leaders have been blamed for
encouraging all forms of discrimination meted against females. With all the efforts made
by international organizations toward curbing inheritance discrimination, the perception
of community leaders is pertinent.
The descriptive survey design which sought to find out community leaders perception of
inheritance discrimination against female children was adopted in this study.
The study population was made up of all male and female community leaders in 12 wards
that make up Mbaitoli Local Government Area.
!
Systematic random sampling technique was used to select (4) council wards and 20
villages from the study population while proportional stratified sampling technique was
used to select 40 participants comprising of 20 male and 20 female participants from the
villages.
"
The Inheritance Discrimination Assessment Scale (IDAS) developed by the researcher
was used to assess the perception of community leaders toward female Inheritance
discrimination. The instrument consisted of two sections – A and B. Section A contained
items that elicited biographical information of the respondents, while Section B contained
items that addressed the variables of the study. The questionnaire was constructed on a 4
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301
point Likert/ type scale of strongly agree (SA) 4 points, agree (A) 3 points, disagree (D) 2
points, and strongly disagree (SD) 1 point.
#
The questionnaire was validated by three experts in the Department of Curriculum
Studies and Educational Technology, University of Port Harcourt, Nigeria.
The reliability of the Inheritance Discrimination Assessment Scale (IDAS) was
determined using the split half method for a measure of its internal consistency and
correlated using Pearson Product Moment Correlation and a reliability coefficient of 0.82
was established and considered high enough for the study.
$
Data was analyzed using Pearson product moment correlation. Paired sample t/test and
one/way Analysis of Variance (ANOVA)
%
Results of the findings are presented in table 1, 2, 3, with Hypothesis.
&'
There is no significant difference between male and female community leaders perception
of inheritance discrimination against female children in Mbaitoli Local Government Area
of Imo State.
Since there are two leaders perception option on the inheritance discrimination against
female children (Female leaders and Male leaders), then independent t/test was used to
test the hypothesis. The results are shown in Table 1.
&: Independent t test comparisons of male and female leaders’ perception of inheritance
discrimination against female children
SD
T
Gender N
Χ
Female 19
59.53
6.535
Male
18
59.78
7.780
/0.107
Significant 0.05 level, Critical t = 2.02
df
Sig/level
35
0.916
As observed in Table 1, the male leader’s perception of inheritance discrimination against
female children is slightly higher than the Female leaders in Mbaitoli Local Government
Area. Also, the results revealed that the calculated t/value of /0.107 is less than the critical
t/value of 2.02 at 0.05 significant level on the 35 degrees of freedom, therefore the null
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302
hypothesis is accepted. The interpretation of this is that both genders strongly agree that
the inheritance discrimination against female children is very high.
('
There is no significant difference between educated and non/educated community leaders
perception of inheritance discrimination against female children in Mbaitoli Local
Government Area of Imo state.
A one/way Analysis of Variance (ANOVA) was used to test the hypothesis. The results
are shown in Table 2.
(' Means, Standard Deviations and one way Analysis of Variance (ANOVA) of educated
and non educated communities leaders’ perception of inheritance discrimination against female children (i.e.
Areas of Qualification).
Educational Qualification
NCE
B. Ed
M.Ed
Others
Source of Variation
Qualifications
Error
N
4
17
2
14
Sum
Squares
7.733
1790.700
Total
1798.432
Significant 0.05 level, Critical F = 2.92
Χ
58.75
59.53
61.00
59.85
of
Df
3
33
SD
1.500
7.811
2.828
7.068
Mean
Square
2.578
54.246
F
0.048
Sig.level
0.986
36
The result in Table 2 shows that M.Ed qualifications have the highest mean scores of
61.00, followed by others (59.85), M.Ed (58.53) while NCE qualification have the least
mean scores of 58.75. The calculated F/value is 0.048 and since it is less than the critical
F/value of 2.92 at 0.05 significant levels with (3 and 33) degrees of freedom, it means that
the mean qualification scores of the communities leaders’ perception of inheritance
discrimination against female children do not differs significantly (p > 0.05). This implies
that community leader’s qualification does not influence leadership perceptions of
inheritance discrimination against female children. Both educated and non/educated
community leader’s perceptions of inheritance discrimination against female children are
similar.
)'
There is no significant difference between Socio/cultural norms and community leaders
perception of inheritance discrimination against female children in Mbaitoli Local
Government Area of Imo state.
Pearson Product Moment Correlation and Paired Samples Correction were employed to
test the hypothesis above. The results of the data analysis are shown in Table 3.
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303
)' Pearson Product Moment Correlation and Paired Samples t test of Socio/cultural norms
and Total leaders perception
Pair 1
Total/Norms
N
37
Correlation ( R)
0.026
N
Χ
Total
37
59.65
Norms
37
8.27
Significant 0.05 level, Critical t = 2.02
Means
51.378
SD
6.535
7.780
Std.
Error
1.237
Sig/
level
0.878
T
41.529
df
36
Sig/
level
0.000
The results in Table 3 indicate that the calculated r value is 0.026. This implies that a
relationship exists between Socio/cultural norms and community leaders’ perception,
since the significance level of the calculated r value (0.878) is greater than 0.05, it means
that null hypothesis is therefore accepted. Also, the Paired samples t/test shows that the
calculated t/value of 41.529 was found to be greater than the critical t/value of 2.02
needed for significance at 0.05 alpha level of significance (with 36 degrees of freedom).
With this result, it therefore implies that there exist disparity in Mbaitoli Local
Government Area of Imo state between Socio/cultural norms and community leaders’
perception of inheritance discrimination against female children.
%
The study sought to find out the difference between male and female community leaders’
perception of inheritance discrimination against female children. The result obtained
showed that there is no significant difference between male and female leader’s perception
of inheritance discrimination against female children. Investigation on the difference
between educated and non/educated community leader’s perception of inheritance
discrimination against female children, revealed a strong, positive and significant effects
on educational qualification, while the findings on the effect of Socio/cultural norms and
community leaders perception of inheritance discrimination against female children
showed that there exist disparity between Socio/cultural norms and community leaders’
perception of inheritance discrimination against female children in Mbaitoli Local
Government Area of Imo state.
%
The educational implication of findings is that since the customs of the people is a major
factor preventing female children from inheriting. Effort should be made to create social
awareness in the curriculum of schools which will portray the disadvantages of
disinheriting female children which range from inability to support their families, social
stratification or class position in the society.
Since the advantages and privileges of people at the time of birth can be linked to
inheritance while the disadvantages and fewer privileges of others at the time of birth can
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304
also be linked to inheritance there is need to create awareness for women to know their
fundamental human rights which includes insistent on being part of family inheritance
and seek legal help if denied of such rights.
"
Based on the results of the study it can be concluded that both genders/sex strongly agree
that the inheritance discrimination against female children is very high. Also, community
leaders’ perceptions have significant influence on Socio/cultural norms. The community
leaders’ perceptions for both educated and non/educated leader’s perceptions on
inheritance discrimination against female children are similar.
1. Public enlightenment on the Fundamental Human Rights of Women is necessary as
most women are not aware of their rights.
2. Setting consultation centers where women who have been denied of their rights could
lodge complain so that government can intervene.
3. Scholarships for women to acquire education should be encouraged since education
increases the level of awareness of women on their rights.
4. The different decisions of International human rights instruments should be included
in the Curriculum of Schools in Nigeria.
5. Government should provide legal aid for the poor who have been denied their
Inheritance Rights.
African Commission on Human and Peoples Rights (2013). Protocol to the African
Charter on Human and Peoples Rights on the Rights of Women.
http://www.achpr.org/instruments/women/protocol. Retrieved on 5/5/13.
Benschop, M. (2004). Womens Rights to Land And Property. UN/HABITAT
http://www.unhabitat.org/tenure Retrieved on 5/5/13.
CEDAW (2000) Convention on the Elimination of All Forms of Discrimination Against Women.
http://www.un.org/womenwatch/daw/cedaw Retrieved on 5/5/13.
Crowley, E. (2001). Empowering Women to achieve food security. International Food Policy
Research Institute. Washington, 20006/1002.
Ezeilo, J. (2011). Laws and Practices Relating to Women’s Inheritance Rights in Nigeria.
Women Aid Collective. Enugu: (WACOL).
Federal Ministry of Women Affairs and Social Development (2006). Initial Country
Report on Implementation of AU Solemn declaration on gender equality in Africa
Nigeria: Abuja
Investopedia (2013). Inheritance. http://www.investopedia.com/terms/i/inheritance.asp
Modpagespeed/nonscript/ Retrieved on 5/5/13
Official journal of the Faculty of Education, University of Port Harcourt. | www.jeda-uniport.com
305
Olagbegi, O. & Afolabi, B .(2004). Actual Women Situation in Nigeria. Nigeria: Women in Law
and Development in Africa (WILDAF)
OHCHR
(2013)
Combating
discrimination
against
women.
http:/
/www.hrweb.org/legal/cdw.html. Retrieved on 6/5/13.
Steinzor ,N .(2003). Women’s Property and Inheritance Rights: Improving Lives in a Changing
Times. U.S.A.: Development Alternatives Inc.
Sultana A. M. (2010) Socio/ Cultural dimension of womens discrimination in rural
communities. Ozean Journal of Sciences. 3(1) 2010 ISSN 1943/2577
UN/ HABITAT (2006). Women’s Equal Rights to Housing, Land and Property in
International Law. Nairobi: UN/HABITAT
United Nations Rapporteur on Adequate Housing (2002). UNDOC.E/CN.4 2002/59.
Web
Finance
(2013).
Discrimination.
http://www.businessdictionary.com/
definition/discrimination.html. Retrieved on 5/5/13.
Win Africa (2013). Win Inheritance Now.
http://www. winafrica.org/faq/womens/property/rights/in/sub/saharan/africa Retrieved
on 6/5/13
Women’s Property and Inheritance Rights (2003). Empowering widows in Development,
brief on inheritance Rights in Malawi. A project funded by the office of women in
Development Bureau for Global Programs, Field Support and Research. U. S.
Agency for International Development. Under contract number FAO/0100/C/00/6005/00
Official journal of the Faculty of Education, University of Port Harcourt. | www.jeda-uniport.com
306
Department of History, Centre for Africa Studies
University of Buea, Cameroon
Research Scholar: University of South Africa, Pretoria.
[email protected], [email protected]
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307
The German colony of ‘Kamerun’ was partitioned in 1916 and administered as two
Mandates and Trusteeships of the League of Nations (L.O.N) and the United Nations
(U.N.) respectively by Britain and France between 1922 and 1961. The final phase of the
independence of the territory was achieved on October 1, 1961 when the British ended
their trusteeship over Southern Cameroons. The territory had in a plebiscite organized on
11 February that year, voted to reunify with the French sector which had obtained
independence on 1 January 1960 as La Republic du Cameroun. Reunification warranted the
development of a concrete political and socio/economic frame work that would not only
ensure the positive utilization of the gains from the two colonial systems but also
guarantee the development of an authentic Cameroonian identity in various sectors of life.
As far as education was concerned, the British and the French administering
authorities had operated two systems of education distinct in matters of policy, structure
and content at all levels. Reunification therefore imposed on the new nation an urgent
need to restructure education in a way that will ensure that one colonial system does not
dominate the other; that will mitigate the overriding influence of the two colonial
heritages; that will assail the various state and cultural affiliations and most especially, one
that would develop into a unique and authentic system of education that will inspire a
sense of adherence to a single Cameroonian identity.
Using the historical analytic method, content analysis and textural reviews, the paper
exposes the practical differences in educational structure in the two colonial spheres and
the efforts made to develop an authentic Cameroonian system between 1961 when
reunification was achieved and 2001 when the application of the 1998 law on education
went into force. The paper posits that for more than fifty years, the application of
reunification in matters of education is still an issue of circumnavigation. It also
demonstrates that the development of a national system is still illusory and that it is more
appropriate to talk of the co/existence of the two colonial heritages than a Cameroonian
educational system.
*
+
In the views of Tchombe (2001), structural reforms in any system strive to accommodate
social, political and technological changes as a function of historical development. Such
changes necessitate the re/adaptation of social services and their institutions, so as to
enable people meet with demands of the changing times. In education, the concept of
structural reforms reflects administrative and pedagogical adjustments during each
political epoch. The need for such reforms becomes even dire in the context where two
or more formerly autonomous states come together to form a new state or supra/state
structure. In some parts of the world, reunification has been a political and economic
option that has occasioned complicated but realistic processes of structural reforms in the
reunified entity. Most importantly, it has inspired a radical transformation of educational
permutations aimed at meeting the goals of the new reunified state. Apart from
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308
emphasizing the extension of educational opportunities to the entire population in the
union alongside man power development, the forging of national unity has always been a
major preoccupation of reunification.
Reunification implies the coming together of two previously autonomous systems,
the dissolution or blending of these systems for the purpose of establishing one common
system that would foster unity in all facets of life. It is often expected that those
establishing the union would set up one central system which would not divide the
allegiance of the citizens. In this way the new system would not permit the continued
loyalty to the erstwhile regions or systems because such an allegiance is apt to breed
discordance and separatist tendencies among the constituent units (Ray and Bhattacharya,
2005). Brief, the members of the reunified state are expected to prepare and embrace a
totally new system which although picking up good qualities from the old systems is
thought to be completely different from them. In terms of service delivery and structure
the new system should go a long way to meeting the demands of the reunified entities
better than any of the previous systems. Thus the establishment of a new system becomes
the ultimate fall out of reunification. This is what is called the homogenization or the
synchronization of previously autonomous, functionally different systems, in favour of a
system having a unique national character (Hoosen, Butcher, Khamati, 2009). Areas of
attention often include; national goals and philosophies of education, curriculum content,
educational structures, policies, legal frameworks, examination regulations, organization
and certification, quality assurance and control.
Harmonization has become the major term adopted to fulfill the demands of
reunification of the educational systems getting into the union. The specific purpose being
the establishment of a synchronized system as a strategy for strengthening the capacity of
education institutions to meet many emergent needs. Through innovative forms of
collaboration amongst the various stakeholders in the union, education can systematically
be improved against common agreed benchmarks of excellence, thereby facilitating the
mobility of students and teachers across the cultures being harmonized. The aim is to
have similar programmes, structures and curricula for enhancement of a productive and
creative human resource for the united socio/political systems.
Harmonization of education may not be peculiar to a reunified state as Cameroon
after 1961. In Germany, the vast differences between the former East/Germany and West
Germany in life style, wealth, political belief, education and other values have warranted
politicians and scholars to call for harmonization after 1990. It has also gone beyond
national to supra/state concerns as most regional blocs call for greater and more cohesive
regional integration policies. In the European Union for example harmonization of school
programmes, certificates and structures is currently underway (Ravioli, 2009). The
Bologna Process is an ongoing process of integration and harmonization of higher
education systems within Europe. Its conceptual framework and action lines have the
ultimate objective of establishing a “European Higher Education Area” (EHEA), where
harmonization of academic degrees and quality assurance practices are guaranteed.
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In East Africa article five of the treaty of the establishment of the East African
Community Education (East African Community, 2012) clearly states that in order to
promote the achievements of the objectives of the community, partner states agree to
undertake concerted measures to foster cooperation in education and training within the
community. Apart from agreeing to co/ordinate their human resources, develop
programmes and policies, the member states have agreed to also harmonize curricula,
examinations, certification, and accreditation and training institutions through the joint
action of their relevant national bodies in charge. In this region since 1998, harmonization
has moved from theory to practice as the states concerned have actually integrated and
harmonized the provision and training services through harmonized curriculum and
established regional organizations and institutions such as the East African National
Educational Council. Although unity of curricula has not yet been achieved, the treaty
setting up the East Africa Community Education noted that it would be preposterous to
completely rule out uniformity in this regard (as per the working definition of
harmonization) (East African Community, 2012). Consequently, the target is the adoption
of a common school structure and programmes for the whole region in the near future.
UNESCO (1962:43) has clearly made known three types or levels of harmonization
of education. The first option is for the various stakeholders to adopt the system in place
in one of the member states seen as more proficient and or efficient than the others. This
may not be a popular option as none of the states would be likely disposed to give up
their system if the others are not doing so too. The second option is for the
stakeholders/member states to run the same programmes in their various languages after
harmonizing structures and curricula. The third option is that a completely new system
could be introduced beginning with the lowest class or level and continuing year by year
until an entirely new local system comes into being. The EU and the East African
Community seem to be adopting the second option by establishing an increasingly
networked and interrelated group of curriculum and examination systems, linked in a way
that they demonstrate overlapping, inter/connected and comparable logics that are
capable of influencing each other across the partner states.
,
The Germans had established an effective educational system in the Cameroons based on
a five year elementary course and a series of vocational centres. These were expected to
take care of the educational needs of the whole colony. From the Conference of
Education held in 1907 culminating in the 1910 Education Act, it was evident that the
Germans were determined to develop an ultra/modern educational system in the territory.
However their ambitions for Kamerun were cut short by the First World War. Being a
battle field, most of the German educational institutions were destroyed during the over
18 months of intense fighting all over the territory and their eventual defeat saw the
partition of the territory by Britain and France.
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310
In 1922, the League of Nations was formed to ensure world peace and prevent the
occurrence of future wars. Article 22 paragraph 5 stated that the peoples of Cameroon
would be placed under the mandate of the League of Nations. Although Britain and
France accepted the General provisions of the League of Nations, it was evident that
France intended to administer the territory as an integral part of the French overseas
empire. As part of the 12 point Mandate Agreement that ensued in 1922, Fanso (1989:60)
recounts that Britain and France amongst other things declared their intentions to be
responsible for “… the promotion of the material and moral wellbeing and the social
progress of their inhabitants.” The Council of the League of Nations accepted the terms
without amending any article and on 20 July 1922 conferred the territories to their
respective powers; each of these powers administering the colony guided their
administrative and educational policies. These policies became so diverse that by the time
of reunification, the territories were so different in outlook and development. These
differences were to pose great challenges to the reunification of the two inherited systems
and have impeded the adoption of an authentic or unique Cameroonian national
education system since then.
As rendered in Ngoh (1996), France strongly believed that the partition of
Cameroon was not provisional and so moved on to establish an autonomous but effective
administration for their sphere. The educational system which they established was not
based on any new policy specifically for the territory although her legal connection with
the League of Nations and United Nations called for that. Throughout their stay in
Cameroon, the French believed that their acceptance of the League of Nations Mandate
and United Nations Trusteeship to administer Cameroon had many implications; first
amongst these was that France should lead the indigenous people to a superior stage of
civilization. This made her morally obliged to use her national genius and talent to
accomplish the mission she accepted in 1922 and 1945. This and many such believes
justified her argument for the exclusive use of the policy of assimilation in Cameroon and
other French overseas territories.
Assimilation aimed at creating a native/Cameroonian elite class by eliminating
African culture and replacing it with French culture, language and civilization. This was
with the calculation that, if an African elite was created, it could be used to convince their
kith and kin to accept French rule and tutelage. In 1903, the then Governor/General for
French West Africa explained this twofold objective of French education in Africa;
According to Moumouni (1968), the elites were trained to become auxiliaries of the
administration in every area and the masses were to be educated to civilize them and
assimilate them into the French way of life.
To Britain, her initial attitude towards the acquisition of parts of German Cameroon
guided her policy on education in the territory. She had acquired Cameroon as a
bargaining chip for more strategic territories elsewhere in the world. This justified her
laissez/faire attitude on Cameroon and her seeming neglect of the economic and social
development of the territory. Article 22 of the covenant of the League of Nations stated
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311
that if a territory lay adjacent to another territory of a mandated power, the former could
be incorporated into the latter, in order to effect the smooth customs, fiscal and
administrative union between the territories. (Aka, 2002: 26) On the basis of this
agreement, the Southern Cameroons was administered as part of Nigeria. This decision
brought education in Cameroon under the British education policy for Nigeria.
The philosophical orientation of education in British Cameroons was found in the
British policy of Indirect Rule. While the French carefully developed an assimilationist
education, the British favoured an Adaptationist philosophy of education to suit the
objectives of their colonial policy in Nigeria. The British believed that the wholesale
transfer of the educational conventions of Europe and America to the peoples of Africa
as the French did through assimilation was not certainly an act of wisdom. (Aka, 2002: 58)
Based on the recommendations of the Phelps/Stokes Commission and the British
Advisory Committee on education in her tropical territories, a memorandum of education
was published in 1925 as the education policy in British Tropical Africa. This policy
favored a system of adapting education to “the mentality, aptitudes, occupations and
traditions of the various peoples so as to render them more efficient in their condition of
life… and in the management of their own affairs” (Aka, 2002: 59).
In terms of management and control of the educational sector, the two
administering authorities also demonstrated different approaches throughout the colonial
period. The French policy of assimilation favoured a tight and centralized system of
administration while the British policy favoured a decentralized system over African
territories. Centralization enabled France to create a sense of unity and belonging to
France. Since 1903 that assimilation was adopted, the French set up an educational system
in their African territories whereby both public and mission schools were centrally
controlled from France. In 1945, this policy was reiterated by an order which provided for
an expanded school system whose structure and duration was in conformity with the
metropolitan system and which was to be rigidly controlled from Paris.
Centralization also ensured that voluntary agencies operating schools in the territory
were strictly under government control and respected government policy on education
making sure that they did nothing to disturb the assimilation process (Mac Ojong,
2008:70). All regulations governing education in French Cameroon were issued by the
commissioner in the form of orders, circulars and decisions. Educational programmes
were prescribed and detailed precisely so that every teacher should know what had to be
taught daily, weekly, monthly and yearly in all subjects and courses at various levels and
types of schools. Apart from matters of policy, the duration, financing, structure and
curriculum of all the school systems in French Cameroon was also centrally planned.
The educational system of the British colonial government varied extensively from
that of the French. The application of the Indirect Rule system meant that schools were
built and operated by the indigenous Cameroonian communities themselves and at best
by missionaries. This meant bearing the financial burden with funds derived from taxing
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312
the indigenes. Throughout the period, local education committees became formal
education authorities. The local education committees were entrusted with the
responsibility of the administration of primary education in their areas. The principle of
local education committees was made to stimulate local interest and generate co/operation
between the local communities and the government. The local committees which became
local boards of education after 1948 comprised representatives of the government in the
area, the voluntary agencies, the Native Authority concerned and members of the area
branch of the Nigerian Union of teachers (Gwei, 1975:91). These were features of the
policy of regionalization which became most instrumental for education and were
reiterated by the 1946 Richard’s constitution.
Another area of great discordance was in the language of instruction. In French
Cameroon the French language played a central role in education. To achieve their
purpose it was a matter of strict policy that French was to be taught to all the indigenes so
that they will think like French men and be able to acquire the fruits of French science
and literature. (Gwei, 1975:202) This was contained in the French educational programme
that was issued in a circular of August 29, 1916 and addressed to all Divisional Officers
and the presidential decree of May 10, 1924 which reorganized education in French West
Africa. The decree prescribed French as the only language of instruction and prohibited
the use of local languages on the school premises by both teachers and pupils. The
knowledge of a common language allowed all peoples to converse with one another and
permitted the development of a feeling of national unity and patriotism around France
and the beginning of a spirit of national awareness for the French Republic (France,
1923:19).
Contrarily, the British on their part made it a matter of policy to study the
educational use of the vernaculars. Teachers were to study the various vernaculars,
develop vernacular textbooks and adapt their content and method of teaching to African
conditions and environment. Even in the trusteeship era the vernacular was prescribed as
a means of instruction in the infant classes on the principle that the ideas presented to
younger children are most readily explained and correlated with their limited experience of
life in their own mother tongue. The argument was that the free development of their
minds must not be hampered by making the assimilation of ideas unnecessarily difficult
by presenting them in a language not readily understood. The policy laid down in all
schools or departments that; “the vernacular should be the medium of instruction where
its use will aid in the thorough assimilation of instruction given”(Great Britain, 1948:134).
Although they were initially worried that the territory was a “country of innumerable
languages” and that the use of the vernacular as a medium of instruction in government
schools would be problematic, the 1926 Cameroon Provisional School Committee
insisted on the use of the vernacular claiming that English “would slow down the child’s
progress” (Great Britain, 1948:135) As a matter of policy therefore the British adopted
vernacular as the language of instruction in the first three years of elementary schooling
(Duala for schools in Victoria and Kumba Divisions and Bali for the schools in the
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313
Bamenda Division. (British,1926) In French Cameroon the greatest part of education at
this level was the reading and writing French.
School financing was another issue where the two administering authorities differed
significantly. In British Cameroon, the Grant/in/aid regulations were based on the school
being educationally necessary, efficient and socially useful. The grant covered recognized
expenses such as teachers’ salaries and was determined by an assumed local contribution
which varied from region to region, rural and urban.1 In French Cameroon the only
requirement for the award of the grant was that the school was open to inspection by the
government. In this case while schools fell into categories of assisted and unassisted
schools in British Cameroon, according to w