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80–960PDF 2002

RECOGNIZING THE IMPORTANCE OF INHERITANCE RIGHTS OF

WOMEN IN AFRICA; AND RELATING TO EFFORTS OF THE

PEACE PARKS FOUNDATION IN THE REPUBLIC OF SOUTH

AFRICA TO FACILITATE THE ESTABLISHMENT AND

DEVELOPMENT OF TRANSFRONTIER CONSERVATION IN

SOUTHERN AFRICA

MARKUP

BEFORE THE

SUBCOMMITTEE ON AFRICA

OF THE

COMMITTEE ON 

INTERNATIONAL RELATIONS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

ON

H. Con. Res. 421 and H. Con. Res. 287

JULY 23, 2002

Serial No. 107–107

Printed for the use of the Committee on International Relations

(

Available via the World Wide Web: http://www.house.gov/international—relations 

(II)

COMMITTEE ON INTERNATIONAL RELATIONS 

HENRY J. HYDE, Illinois, Chairman 

BENJAMIN A. GILMAN, New York 

JAMES A. LEACH, Iowa 

DOUG BEREUTER, Nebraska 

CHRISTOPHER H. SMITH, New Jersey 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

ILEANA ROS-LEHTINEN, Florida 

CASS BALLENGER, North Carolina 

DANA ROHRABACHER, California 

EDWARD R. ROYCE, California 

PETER T. KING, New York 

STEVE CHABOT, Ohio 

AMO HOUGHTON, New York 

JOHN M. MCHUGH, New York 

JOHN COOKSEY, Louisiana 

THOMAS G. TANCREDO, Colorado 

RON PAUL, Texas 

NICK SMITH, Michigan 

JOSEPH R. PITTS, Pennsylvania 

DARRELL E. ISSA, California 

ERIC CANTOR, Virginia 

JEFF FLAKE, Arizona 

BRIAN D. KERNS, Indiana 

JO ANN DAVIS, Virginia 

MARK GREEN, Wisconsin 

TOM LANTOS, California 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

ROBERT MENENDEZ, New Jersey 

SHERROD BROWN, Ohio 

CYNTHIA A. MCKINNEY, Georgia 

EARL F. HILLIARD, Alabama 

BRAD SHERMAN, California 

ROBERT WEXLER, Florida 

JIM DAVIS, Florida 

ELIOT L. ENGEL, New York 

WILLIAM D. DELAHUNT, Massachusetts 

GREGORY W. MEEKS, New York 

BARBARA LEE, California 

JOSEPH CROWLEY, New York 

JOSEPH M. HOEFFEL, Pennsylvania 

EARL BLUMENAUER, Oregon 

SHELLEY BERKLEY, Nevada 

GRACE NAPOLITANO, California 

ADAM B. SCHIFF, California 

DIANE E. WATSON, California 

THOMAS E. MOONEY, SR., Staff Director/General Counsel 

ROBERT R. KING, Democratic Staff Director 

SUBCOMMITTEE ON AFRICA

EDWARD R. ROYCE, California, Chairman 

AMO HOUGHTON, New York 

THOMAS G. TANCREDO, Colorado 

JEFF FLAKE, Arizona 

BRIAN D. KERNS, Indiana 

DONALD M. PAYNE, New Jersey 

GREGORY W. MEEKS, New York 

BARBARA LEE, California 

EARL F. HILLIARD, Alabama 

THOMAS P. SHEEHY, Subcommittee Staff Director 

CHARISSE GLASSMAN, Democratic Professional Staff Member 

MALIK M. CHAKA, Professional Staff Member 

ALYSSA JORGENSON, Staff Associate 

(III)

C O N T E N T S 

Page

Markup of H. Con. Res. 421, Recognizing the importance of inheritance rights 

of women in Africa ............................................................................................... 1

The Honorable Edward R. Royce, a Representative in Congress from 

the State of California, and Chairman, Subcommittee on Africa: Prepared statement regarding H. Con. Res. 421 ............................................. 2

Text of H. Con. Res. 421 .................................................................................. 3

Markup of H. Con. Res. 287, Expressing the sense of Congress relating 

to efforts of the Peace Parks Foundation in the Republic of South Africa 

to facilitate the establishment and development of transfrontier conservation efforts in southern Africa ............................................................................. 7

The Honorable Edward R. Royce: Prepared statement regarding H. Con. 

Res. 287 ......................................................................................................... 8

Text of H. Con. Res. 287 .................................................................................. 9

(1)

RECOGNIZING THE IMPORTANCE OF INHERITANCE RIGHTS 

OF WOMEN IN AFRICA; AND RELATING TO EFFORTS OF 

THE PEACE PARKS FOUNDATION IN THE REPUBLIC OF 

SOUTH AFRICA TO FACILITATE THE ESTABLISHMENT AND 

DEVELOPMENT OF TRANSFRONTIER CONSERVATION IN 

SOUTHERN AFRICA 

TUESDAY, JULY 23, 2002

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON AFRICA, 

COMMITTEE ON INTERNATIONAL RELATIONS, 

Washington, DC. 

The Committee met, pursuant to call, at 2:13 p.m. in Room 2172, 

Rayburn House Office Building, Hon. Edward R. Royce presiding. 

Mr. ROYCE. Good afternoon. We are here today for the markup 

of Resolutions 421 and 287. 

The Africa Subcommittee has spent considerable time looking at 

how to promote economic development in Africa. This challenge has 

many facets. Issues surrounding the status of women in African societies—women are the continent’s economic backbone—will be key 

in determining whether Africans will move forward or backward 

economically in the years ahead. One of these issues that has received scant attention is the inheritance rights of women, the subject of H. Con. Res. 421. 

Control over housing, land, and other property, this resolution 

notes, is critical to the physical safety, daily survival, and economic 

security of women in Africa. Unfortunately, many widows and their 

dependents in Africa face severe challenges because they have no 

claim to their property after the death of their husbands. Throughout Africa, customary and religious laws under which widowed 

women do not inherit housing and land traditionally have regulated property rights. While some African countries have changed 

these laws on the books, in practice these changes have had minimal impact on women’s inheritance rights. 

The issue of women’s inheritance rights is all the more pressing 

given the HIV/AIDS pandemic. HIV/AIDS tragically has led to an 

explosion in the number of widows, as well as in the number of 

grandmothers and orphaned girls becoming the heads of households. Stripped of already meager means, these women face especially dire circumstances. 

H. Con. Res. 421 encourages the U.S. to pay greater attention to 

the negative economic impact of the denial of inheritance rights to 

women on the continent. This resolution recommends that the Secretary of State examine this issue in the department’s annual 

human rights report and encourages USAID to document the effect 

2

the denial of women’s inheritance rights has on economic development. This resolution has an impressive 86 co-sponsors. I ask my 

colleagues to lend it their strong support. 

We will now hear from Ranking Member Donald Payne. 

[The prepared statement of Mr. Royce follows:]

PREPARED STATEMENT OF THE HONORABLE EDWARD R. ROYCE, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF CALIFORNIA, AND CHAIRMAN, SUBCOMMITTEE ON

AFRICA

RECOGNIZING THE IMPORTANCE OF INHERITANCE RIGHTS OF WOMEN IN AFRICA

The Africa Subcommittee has spent considerable time looking at how to promote 

economic development in Africa. This challenge has many facets. Issues surrounding 

the status of women in African societies—women are the continent’s economic backbone—will be key in determining whether Africans will move forward or backward 

economically in the years ahead. One of these issues that has received scant attention is the inheritance rights of women, the subject of H. Con Res. 421. 

Control over housing, land and other property, this resolution notes, is critical to 

the physical safety, daily survival, and economic security of women in Africa. Unfortunately, many widows and their dependents in Africa face severe challenges because they have no claim to their property after the death of their husbands. 

Throughout Africa, customary and religious laws under which widowed women do 

not inherit housing and land traditionally have regulated property rights. While 

some African countries have changed these laws on the books, in practice these 

changes have had minimal impact on women’s inheritance rights. 

The issue of women’s inheritance rights is all the more pressing given the HIV/

AIDS pandemic. HIV/AIDS tragically has led to an explosion in the number of widows, as well as in the number of grandmothers and orphaned girls becoming the 

heads of households. Stripped of already meager means, these women face especially 

dire circumstances. 

H. Con. Res. 421 encourages the U.S. to pay greater attention to the negative economic impact of the denial of inheritance rights to women on the continent. This 

resolution recommends that the Secretary of State examine this issue in the department’s annual human rights report, and encourages USAID to document the effect 

the denial of women’s inheritance rights has on economic development. This Resolution has an impressive 86 co-sponsors. I ask my colleagues to lend it their strong 

support.

[H. Con. Res. 421 follows:]

3

1

IV 

107TH CONGRESS 

2D SESSION H. CON. RES. 421

Recognizing the importance of inheritance rights of women in Africa. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2002

Mrs. CLAYTON (for herself, Ms. MILLENDER-MCDONALD, Mrs. BIGGERT, Ms. 

EDDIE BERNICE JOHNSON of Texas, Mr. TOWNS, Mrs. JONES of Ohio, 

Ms. JACKSON-LEE of Texas, Mrs. MORELLA, Mr. PAYNE, Mr. LANTOS, 

Ms. KILPATRICK, Mr. RUSH, Mrs. CHRISTENSEN, Ms. WATERS, Mr. KILDEE, Ms. CARSON of Indiana, Ms. WATSON of California, Ms. DELAURO, 

Ms. MCKINNEY, Mrs. MINK of Hawaii, Ms. SOLIS, Ms. VELA ́ZQUEZ, Mrs. 

CAPPS, Mr. FARR of California, Mr. KLECZKA, Mr. STARK, Ms. KAPTUR, 

Mrs. THURMAN, Mr. LEWIS of Georgia, Mr. LEVIN, Mr. SCOTT, Ms. 

LEE, Mrs. NAPOLITANO, Mr. BERRY, Mrs. EMERSON, Mrs. MALONEY of 

New York, Mr. BARRETT of Wisconsin, Mr. CONYERS, Mrs. MEEK of 

Florida, Mr. CLYBURN, Mr. HOLDEN, Ms. BERKLEY, Mr. RANGEL, Mr. 

ROEMER, Mr. DAVIS of Illinois, Mr. RODRIGUEZ, Mr. HOEFFEL, Mr. EDWARDS, Mr. HONDA, Ms. SLAUGHTER, Mr. DOGGETT, Mr. SANDLIN, Ms. 

PELOSI, Mr. DAVIS of Florida, Mr. PHELPS, Mr. FRANK, Mr. SPRATT, 

Mr. HILLIARD, Ms. MCCOLLUM, Mr. MALONEY of Connecticut, Mr. 

TIERNEY, Mr. ANDREWS, Mr. SHAYS, Mr. GEORGE MILLER of California, 

Ms. BROWN of Florida, Mr. MCGOVERN, Mr. WYNN, Mr. GILMAN, Mr. 

BEREUTER, Mr. LEWIS of California, Ms. PRYCE of Ohio, Mrs. JOHNSON

of Connecticut, Ms. DUNN, Mr. KOLBE, Mr. PORTMAN, Mr. BISHOP, Mr. 

FATTAH, Mr. POMEROY, Mr. EVANS, Mrs. BONO, Mr. TURNER, Mr. 

WATTS of Oklahoma, Mr. GREENWOOD, Mr. BOOZMAN, Mr. ENGEL, and 

Mr. SNYDER) submitted the following concurrent resolution; which was 

referred to the Committee on International Relations 

CONCURRENT RESOLUTION 

Recognizing the importance of inheritance rights of women 

in Africa.


80960b.AAB
4

2

•HCON 421 IH 

Whereas access to and control over land, housing, and property is one of the most critical factors in the overall 

struggle for women’s equality in gender relations and empowerment, as it is essential to women’s daily survival, 

economic security, and physical safety; 

Whereas in many regions of the world, and particularly 

throughout the African continent, land and housing have 

traditionally been regulated by customary law under 

which widowed women do not inherit land and housing 

but are allowed to remain in the matrimonial home until 

death or remarriage; 

Whereas over the past several decades, this social safety net 

has eroded drastically, creating a human rights crisis of 

enormous magnitude; 

Whereas, in some cases, religious law also plays a role in restricting women’s right to inherit; 

Whereas statutory laws in some African countries have superseded customary and religious laws restricting women’s 

right to inherit, but nonetheless have had minimal impact 

on actual practice; 

Whereas the denial of inheritance rights to women devastates 

the lives of millions of women who become completely 

destitute upon the death of their husbands, when the 

family of the deceased husband often takes immediate 

possession of the land, housing, and property; 

Whereas the result is not only extreme poverty for individual 

women and their dependents, but a profound, negative 

impact on the social and economic development of countries in Africa; 

Whereas the HIV/AIDS pandemic has resulted in the exponential growth in the number of young widows, orphaned 


80960b.AAC
5

3

•HCON 421 IH 

girls, and grandmothers becoming heads of households 

and has led to the urgent need for secure inheritance 

rights for women; 

Whereas this phenomenon has been exacerbated by the horrific conflicts that have gripped many African countries 

in recent years, in the aftermath of which there is usually 

an increase in female-headed households; and 

Whereas the denial of inheritance rights also results in violence against women, both at the time when they are 

forcibly dispossessed and after they become homeless: 

Now, therefore, be it

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of Congress that—

3 (1) greater attention should be paid to the 

4 strong relationship between the denial of inheritance 

5 rights to women and its negative impact on eco6 nomic development, particularly in Africa; 

7 (2) when considering responses to the HIV/

8 AIDS epidemic, programs that focus sharply on en9 suring secure inheritance rights to widows and or10 phans of HIV/AIDS should be carefully considered; 

11 (3) ensuring secure inheritance rights for 

12 women should be included in strategies addressing 

13 the issue of violence against women; 

14 (4) in post-conflict and reconstruction situa15 tions, the rights of widows and other female heads 


80960b.AAD
6

4

•HCON 421 IH 

1 of households to inherit land and property should be 

2 included in the priorities of reconstruction; 

3 (5) the Secretary of State should examine the 

4 issue of women’s inheritance rights in Africa in the 

5 annual human rights report of the Department of 

6 State; 

7 (6) the United States Agency for International 

8 Development should consider conducting a study of 

9 African countries in order to document and establish 

10 the effect of the denial of women’s inheritance rights 

11 on economic development of those countries; and 

12 (7) the Annual Day of Action on Women’s In13 heritance Rights, initiated in 1999 by the Inter14 national Human Rights Law Group and imple15 mented over the past three years by nongovern16 mental organizations throughout many countries in 

17 Africa, should be acknowledged and supported.

Æ


80960b.AAE
7

Mr. PAYNE. Thank you, Mr. Chairman. Mr. Chairman, again I 

commend my colleagues and would like to say a few words on this 

second important resolution that brings long overdue attention to 

the devastating effects of discriminatory inheritance rights practices on women and children in Africa and the need to recognize 

inheritance rights of women. 

There are still customary inheritance practices that deny women 

their right to inherit land and other property. These practices persist despite the presence of statutory laws in most countries that 

provide at least limited protection of women’s rights to inherit and 

result in millions of women and children being paupers. 

AIDS has exacerbated the problems women face with regard to 

property and inheritance rights. Due to AIDS, the number of 

women that are widowed at a young age has increased, and many 

women face an early death themselves. If they have been blamed 

for the HIV infection of their husband, it happens that women are 

driven out of the family after his death. Their own family may not 

always be in a position to take care of them because of their own 

problems to secure their livelihood or be unwilling to take them in 

because of the stigma. 

Without access to land or other means of production, women face 

great difficulties in supporting themselves and their children. This 

resolution brings this important issue to the fore. 

Mr. ROYCE. Thank you, Congressman Payne. The next resolution 

we will take up, Resolution 287, addresses the efforts of the Peace 

Parks Foundation in the Republic of South Africa to facilitate the 

establishment and development of trans-frontier conservation efforts in southern Africa. 

It is not news that Africa’s environment is under siege. The continent’s magnificent range of flora and fauna are under pressure as 

never before. If adverse ecological trends continue, Africans will 

suffer in many ways, including economically. Managed well, these 

resources can be a sustainable economic asset. The wanton destruction of plants and animals and natural habitat will affect all of us. 

We have a strong interest in seeing Africa’s environment better 

managed. 

Nature preserves have a mixed record of success. Poachers and 

resource shortages have frustrated environmental protection, and 

there has been a lack of cooperation among governments. 

This resolution encourages support for the Peace Parks Foundation in South Africa. The foundation promotes trans-frontier conservation efforts among the Southern African Development Community (SADC) countries. Wildlife does not recognize national borders; wildlife conservation efforts must transcend borders in Africa. 

In May 2000, southern Africa’s first peace park, the Kgalagadi 

Trans-Frontier Park, situated between Namibia, Botswana, and 

South Africa, was officially opened. Since then, five more peace 

parks have been established in southern Africa. 

This resolution is a product of travel to the region by several 

Members. I ask my colleagues to lend it their strong support. 

[The prepared statement of Mr. Royce follows:]

8

PREPARED STATEMENT OF THE HONORABLE EDWARD R. ROYCE, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF CALIFORNIA, AND CHAIRMAN, SUBCOMMITTEE ON

AFRICA

EFFORTS OF THE PEACE PARKS FOUNDATION IN THE REPUBLIC OF SOUTH AFRICA TO

FACILITATE THE ESTABLISHMENT AND DEVELOPMENT OF TRANS-FRONTIER CONSERVA- TION EFFORTS IN SOUTHERN AFRICA. 

It is not news that Africa’s environment is under siege. The continent’s magnificent range of flora and fauna are under pressure as never before. If adverse ecological trends continue, Africans will suffer in many ways, including economically. Managed well, these resources can be a sustainable economic asset. The wanton destruction of plants and animals and natural habitat will affect all of us. We have a strong 

interest in seeing Africa’s environment better managed. 

Nature preserves have a mixed record of success. Poachers and resource shortages 

have frustrated environmental protection. And there has been a lack of cooperation 

among governments. 

This Resolution encourages support for the Peace Parks Foundation in South Africa. The Foundation promotes trans-frontier conservation efforts among the Southern 

African Development Community (SADC) countries. Wildlife doesn’t recognize national borders; wildlife conservation efforts must transcend borders in Africa. In 

May 2000, southern Africa’s first peace park, the Kgalagadi Trans-Frontier Park, 

situated between Namibia, Botswana and South Africa, was officially opened. Since 

then, five more peace parks have been established in southern Africa. 

This resolution is a product of travel to the region by several members. I ask my 

colleagues to lend it their strong support.

[H. Con. Res. 287 follows:]

9

1

IV 

107TH CONGRESS 

1ST SESSION H. CON. RES. 287

Expressing the sense of Congress relating to efforts of the Peace Parks 

Foundation in the Republic of South Africa to facilitate the establishment 

and development of transfrontier conservation efforts in southern Africa. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2001

Mr. BOEHLERT (for himself, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 

FALEOMAVAEGA, Mr. CUMMINGS, Mr. LANTOS, Ms. LEE, Mr. MALONEY

of Connecticut, Ms. MILLENDER-MCDONALD, Mr. OWENS, Mr. SANDERS, 

Mr. WATT of North Carolina, and Mr. WYNN) submitted the following 

concurrent resolution; which was referred to the Committee on International Relations 

CONCURRENT RESOLUTION 

Expressing the sense of Congress relating to efforts of the 

Peace Parks Foundation in the Republic of South Africa 

to facilitate the establishment and development of 

transfrontier conservation efforts in southern Africa.

Whereas on February 1, 1997, the Peace Parks Foundation 

was established in the Republic of South Africa as a nonprofit company to facilitate the establishment of 

transfrontier conservation areas in the Southern African 

Development Community (SADC) countries; 

Whereas the overall purpose of the Peace Parks Foundation 

is to facilitate the establishment and development of 

transfrontier areas involving two or more countries withVerDate May 01 2002 17:00 Sep 17, 2002 Jkt 080960 PO 00000 Frm 00013 Fmt 6633 Sfmt 6601 F:\WORK\AFRICA\M072302\80960 HINTREL1 PsN: SHIRL

80960a.AAB
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2

•HCON 287 IH 

out compromising national sovereignty, and allowing the 

free movement of humankind and animals across international borders within the peace park and thereby contributing to economic development, job creation, and 

peace and understanding between the countries concerned; 

Whereas former South African President Nelson Mandela is 

a patron emeritus of the Peace Parks Foundation and 

the heads of state of the SADC countries are honorary 

patrons of the Foundation; 

Whereas the Peace Parks Foundation has received the full 

support and endorsement for its efforts and activities 

from the heads of state of the SADC countries; 

Whereas eight transfrontier conservation areas totaling approximately 232,000 square miles are supported by the 

Peace Parks Foundation in the SADC countries; and 

Whereas the United States values peace and stability in the 

global community, and in particular Africa, and has long 

recognized the significance of sustainable economic development and the conservation of biodiversity: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of Congress that—

3 (1) the United States should support efforts to 

4 facilitate the establishment and development of 

5 transfrontier conservation areas in the Southern Af6 rican Development Community (SADC) countries; 

7 and 


80960a.AAC
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3

•HCON 287 IH 

1 (2) nongovernmental organizations and founda2 tions in the United States should be encouraged to 

3 support and promote sustainable economic develop4 ment and benefits through the preservation of wild5 life in peace parks on an expanded and inclusive 

6 basis to the benefit of the countries concerned and 

7 their people.

Æ


80960a.AAD
12

Mr. PAYNE. Thank you, Mr. Chairman. I commend my colleagues 

for introducing this resolution that encourages peace and development between the countries of southern Africa. The peace parks 

initiative deserves support because its founding principles address 

the root of the problem in Africa: poverty. Moreover, its economic 

potential is the mechanism for Africans to help themselves by 

using natural resources without destroying biodiversity. These 

peace parks provide the opportunity to build a market for tourism, 

create jobs, and reduce tension over resources that could lead to violence. We should ensure sustainable economic growth, based on 

ecotourism, among other things, which is the fastest growing industry in the world. Then will the people of Africa and elsewhere have 

reason to protect their natural assets. Thank you. 

Mr. ROYCE. Thank you. Congressman Flake? 

Mr. FLAKE. Thank you, Mr. Chairman. I also thank the Chairman for all of his efforts resulting in these two resolutions. 

Mr. ROYCE. If there are not any other matters to address, we will 

vote on these resolutions. All in favor say aye. 

Mr. FLAKE. Aye. 

Mr. PAYNE. Aye. 

Mr. ROYCE. That completes our hearing. We are now adjourned. 

[Whereupon, at 2:20 p.m., the Subcommittee was adjourned.]

Æ