Journal of Social Development in Afiica (1989) 4,1, 5-24 Changing community obligations to the elderly in contemporary Africa* B A RWEZAURA+ ABSTRACT This paper is divided into four sections; the first examines briefly and generally the position of the elderly in traditional Africa and stresses especially their political and economic roles.1 Next it looks at die social and economic transformation which followed the colonisation of Africa and its effect on die position of elders. In the third section are discussed the responses of die elders to diese changes and the extent to which diey have tried to retain their positions against opposing forces of change. In die concluding section the paper argues riiat African states need to provide an alternative form of social security in die light of die diminishing economic security of die elderly in present day Africa. Introduction Many writers on traditional African social systems have stressed die importance of age as a significant criterion for die attainment of audiority, power, privilege, prestige and leadership position in die community. In traditional Africa, the older the individual became the higher were his chances for gaining upward mobility in die social hierarchy. Through a system of economic reciprocity, a person was able to use his wealth to attract additional dependants and dius to secure a greater degree of social security during old age. The control maintained by elders over strategic resources, such as land, livestock, women and children, enabled diem to ensure relative stability in junior/senior relations. Such stability was essential for the functioning of die traditional social order. Indigenous law and religion also played a supportive role. Until die intervention of colonial rule in Africa, elders were relatively secure in dieir positions. However, changes associated widi colonial occupation had far-reaching effects on junior/senior relations. Economic * Paper first presented at the Vlth World Conference of the International Society on Family Law (ISFL), Tokyo, Japan, April 7-12th, 1988. +Professor, Faculty of Law, University of Dar es Salaam, P O Box S5093, Dar es Salaam, Tanzania. 6 B A Rwezaura change, new forms of social and political control and new religions, all threatened the dominant position of die elders in many parts of Africa. Old age became a disability as well as an economic risk. As the household became increasingly dependent on the market for its basic needs, there was a corresponding decline in the system of economic reciprocity and a loosening of social cohesion. These changes, whose broad effects were felt beyond die junior/senior relations, challenged as well as undermined the entire traditional socioeconomic system and demanded new solutions to problems of old-age security. In dieir bid to retain their positions, elders sought the assistance of die state to enforce traditional obligations. They made inflationary demands on dieir juniors in the form of high marriage payments and extortionate claims for seduction of unmarried daughters and adultery of wives. A study of some of the resultant conflicts, which were mediated dirough state courts, gives some idea of die degree to which socio-economic changes threatened die position of elders and also how the latter tried to minimise diese adverse effects. These economic hardships of die elderly are, unfortunately, not fully appreciated by die new states of Africa. It is often supposed, for example, diat die local community in Africa still provides old-age security when, in reality, its economic role has become attenuated. This paper stresses that a timely recognition of diese hardships is essential in order for African states to begin a process of creating an institutional framework for confronting this problem, whose magnitude will certainly increase as we move into die 21st century. The elderly in traditional Africa Akhough die terms 'elderly' and 'traditional' can be contentious, especially among specialists, die use of diese terms in diis paper is very general and approximate. It is recognised, for example, that a person's status as an elder in many African societies was dependent on certain social and political factors besides the mere accumulation of lived years. Even then old-age and social status appear to be associated in defining the status of an elder in many traditional societies. For example, from the time of birth to maturity, to old-age and timely demise, an individual went dirough a series of recognised stages, each being higher man die previous one, until such a person reached formal retirement. Whedier we wish to define die 'elderly' as a non-active person who has attained retirement age will depend upon die economic and social organisation of that society. What is important in our understanding of die term 'elderly' is to stress die essential characteristics of old-age, such as physical frailty and mental dullness which accompany senility. These make die elderly wholly or partially dependent upon odiers to provide diem widi care and support for the remaining period of dieir life. Community Obligations to the Elderly 7 The term 'traditional Africa' should also be specifically defined and so must be its use in this paper. By 'traditional Africa' I refer to the approximate period before the integration of many African economic systems into the world economy. This integration occurred roughly at the end of the 19th century and was facilitated by the colonial occupation of most of Black Africa. The significance of this period lies in the massive transformation which followed the colonisation of Africa (Fitzpatrick, 1979; Snyder, 1981; Rwezaura, 1985). Even then, where the term 'traditional' refers to the abovementioned period, it is not intended to draw a sharp divide between Africa's pre-colonial past and the colonial period. This paper assumes a degree of continuity between, as well as the co-existence of, the past and present. Hence what in this paper is described as die emerging economic and social relations during the post-colonial period are not unrelated to the preexisting forms of economic and social organisation. In other words, change in many cultures has sometimes tended to strengthen certain existing .relations while at the same time undermining others (Rwezaura, 1985). There have also been innovative accommodations and adaptations. All these matters are significant in understanding the complexity of the process of change and the extant relations among people in modern Africa. Elderhood as a status position In many traditional African societies an individual's social status rose in relation to his age. At the level of the family, a person's status was enhanced when he/she ceased to be a child and became initiated into adulthood. The new status gave an individual limited access to certain privileges originally not available to him or her. On marriage a young man's status rose once again and he became a man and this new status carried with it certain rights as well as obligations (Fortes and Evans Pritchard, 1941). For most women procreation was considered important not only for the stability it brought to the marriage but also for the honour it bestowed upon diem in the eyes of their husband's lineage. From the position of mother, a married woman moved to mat of mother-in-law when her own children got married and thereafter she became grandmother to several grandchildren (Brown, 1963: 58-60). Among the Haya people of Tanzania a son had a hut built for him by his father just before marriage, and was allocated a banana garden widi sufficient land for cultivation. All the marriage expenses were met by the father with die assistance of his kinsmen. For the Kuria of north-east Tanzania, a man must leave his father's homestead to establish his own place not later dian me period when his first born son is circumcised. Malcolm Ruel (1958) has observed that when a Kuria initiate returns home from the bush, he must re-enter the homestead through die corral gateway of his own fadier and not mat of his grandfather. This rule, no doubt, was intended to assist die 8 BARwezaura initiate's father to establish his own homestead which enabled him to attain relative autonomy and thus to begin preparing for his own elderhood. Although many African societies had different ways of marking an individual's ascent to a higher social status, die ultimate consequence of diese procedures was to enhance the individual's chances, as well as ability, to gain power and authority over odier people. Therefore at die level ot the family and neighbourhood, the head of the family was a highly respected individual whose accumulated wisdom, experience, control over family property, as well as ritual power, made him an undisputed leader of his extended family. His authority over his family was legitimated by custom, religion and different forms of social control, including public opinion. Within die wider community of die lineage and sub-clan, relations between elders and juniors were marked by similar respect for the elderly and a recognition of dieir authority over die juniors. It is in die acceptance of die status position of elders by die juniors diat one must look for die basis of die elders' economic and social security in traditional Africa. Some examples of die elders' source of security are given below. The basis of old-age security It has been argued that, whereas all animals including man possess an instinctive drive to care for dieir dependent off-spring, diey do not possess, unfortunately, a similar instinct when it comes to the care of die elderly. Hence, Simonds (1970) has noted diat respect for old age has resulted from imposed social discipline and not nature. In most cultures children were trained from an early age to obey and respect dieir parents and odiejf elderly members of die community. There is a wealdi of edinographic data showing different ways in which die young were taught to submit to die authority of die elders. Rattray(1956: 13), for example, noted in respect of die Ashanti of Ghana that children were taught to honour and respect their elders and "to keep silent in dieir presence". Swazi children were trained "to regard die father as die legal and economic audiority in die home. They were taught from infancy to obey die fadier's word and even married sons were never regarded as free from his control" (Kuper 1962: 96). Referring to Swazi traditions. Kuper noted diat it was hard to convey die extent of die subservience of a Swazi son to his fadier: "He works for him, consults him in all his negotiations, refers to him as 'his. head', takes legal oadis 'by fadier'. . . [Even married sons] as long as diey live in his homestead diey are expected to hand over to him whatever diey may earn, and he may, if he wishes, give diem back a portion." In societies where die age-grade system or generation classes were used to rank individuals and where initiation ceremonies were conducted to admit die youdi into die lowest age-grade, respect for die elderly began hierarchically widi members of die preceding circumcision set right up to die retiring Community Obligations to the Elderly 9 age-grade (Spencer, 1976;Ruel, 1958; Baker, 1935; Brantley, 1978; Turnbull, 1976; Gulliver, 1956). Through diis hierarchical system an individual grew up knowing the importance of submitting to the authority of seniors and simultaneously learning to expect similar obedience from others below him. Yet this education of the young generation ought to be seen mainly as a preparation for them to fit into an existing social and economic system which placed the elderly at the top, and thus enabled the elders to build up their old-age security. Perhaps the most significant source of security, which kept the juniors loyal to this system, was their control over strategic as well as scarce resources, such as land, livestock, essential skills and ritual powers. The elders often used diese resources in a manner which ensured that the economically active members of the community remained bound to them. Within die order of things, kinship ties provided an institutional framework dirough which the elderly made legitimate claims upon the labour power, property and the services of junior relatives, and also through which die latter made reciprocal demands on die elders. In odier words, kinship ties in traditional Africa constituted an important criterion for die assignment of rights and obligations over property and odier resources (Gluckman, 1956; Goody, 1962; Gray and Gulliver, 1964). As noted by Moore (1980: 30), rights to land among the Chagga of Kilimanjaro are handed from generation to generation in die patriline and important ceremonies, beer parties and slaughtering feasts are organised on lineage basis. Thus not only is an individual's life derived from his kin but "one's livelihood comes from patrilineal kin". In West Africa, Bledsoe (1980) found diat because access to valued resources, such as land, livestock and labour, was traditionally gained dirough lineage affiliation, there were always many people who were eager to establish real or fictive kinship ties to gain diese resources. But given die low technological level of development in these societies, die acquisition of land without having rights in people was not in itself socially advantageous. Emphasis was, therefore, placed on die expansion of one's lineage dirough marriage, procreation and die attraction of many dependents into ties of obligation. Hence many edinological studies on traditional Africa stress diat die desire of most men was to establish beneficial kinship ties witfi a large number of people in order to attain political and economic power and to secure oneself during old-age (Mair, 1971). Writing in 1935 about the Kuria people of Tanzania, Baker (1935: 62) notes diat "it is die aim of every Mkuria to have as many wives as possible in order that he may beget a large number of sons who will increase his herd of catde". For die Kpelle of Liberia, Bledsoe(1980: 55) argues diat "political success rests not only on a person's ascribed position but also on his ability to create relationships of obligation and dependency with subordinates". However, 10 B A Rwezawa Bledsoe cautions that, since such relationships take time to create and additional time to make use of, "political success is usually the reward of old age". One of the most widely known methods by which the elderly sought to achieve the foregoing objective was through marriage to younger mates. This practice is common among men in Africa and has been well documented (Simonds, 1971). Of the Lango people of Uganda, Driberg(192S: 155) notes that "ipstances are not wanting in which a woman, on growing old, of her own instance presses her husband to marry a younger and more attractive wife . . . " The latter is expected to provide care and economic support to the elderly couple. According to Dundas (in Simmonds, 1970), the aged Akamba of Kenya often married young women, and Xhosa girls were said to be 'literally dragged off' to be married to elderly men and households were listed in which the oldest wife was seventy and the youngest seventeen. Perhaps the best illustration of security in old-age through marriage is given by Holden (1963: 203-204) who described the happy position of the Xhosa in a rather romantic way as follows: 'The man is then supported in Kaffir pomp and plenty; 'he can eat, drink, and be merry', bask in the sun, sing and dance at pleasure, spear bucks, plot mischief, or make bargains for his daughters; to care and toil he can say farewell, and so go on to the end of life. As age advances he takes another 'young wife' or concubine; and then anodier, to keep up 'eternal youth'; for he is never supposed to grow old, so long as he can obtain a 'youthful bride', she, by proxy, imparts her freshness to his withered frame and throws her bloom over his withered brow." Though life may not have been as rosy for all the elderly Xhosa and less still for most elders in other cultures, it cannot be denied nonetheless that even today such forms of marriage continue to be looked upon as an investment for old-age.2 In sum, what requires emphasis here is that old-age security in most pre-colonial African societies was embedded in their socio-economic system and as we shall see in the next section, the economic and social transformation of these cultures affected, inter alia, die foundation of old-age security. The effects of change on the elderly It has been argued by some writers that changes associated with die colonial occupation of Africa greatiy weakened the social and economic arrangements which formerly had guaranteed social security not only for the elderly but also for the entire community (Yeld, 1966; Moore, 1978; Snyder, 1981, Saul and Woods, 1971). The introduction of die monetary economy, new religions, new forms of social and political control, etc weakened the dominant position of the elderly in many parts of Africa, leading to their loss of authority, political power and economic security (Moore, 197S; Snyder, 1981). Community Obligations to the Elderly 11 Yet although this general assertion is in many respects supported by empirical evidence, there is also evidence suggesting the opposite tendency. Research has shown, for example, that in certain cases some elders have successfully used their traditional position effectively in order to accumulate more wealth than would have been possible in traditional times (Murray, 1976; Yeld, 1966; Rwezaura, 1983, 1985). This amount of wealth has been acquired mainly by exploiting the new opportunities which the changing social and economic conditions create for the elderly. Therefore, there are elders in contemporary Africa whose social security has been enhanced by change and others who have been marginalised by the same process. It is still true, nonetheless, that diose who have lost their economic power constitute the majority of the elderly and hence their condition calls for deeper consideration. Writing about the elderly among the Chagga people of Tanzania Moore (1978: 23) notes that: "Persons living in a swiftly altering world find that their social roles change as they perform diem and each stage of growing older is a matter of arriving at something quite different from what it was for the age group just before." But Moore adds that "some of that change is to advantage yet some has come to seem a total cheat". These wide-ranging consequences of change on the economic position of elders provide a useful due to the central question of the dynamic relation between traditional forms of social security and the contemporary processes of economic and social change. It is the argument of this paper that change has created opportunities as well as constraints for elders. Change has also taken away the relative predictability of old-age security by altering the social and economic roles of the elderly. The consequences of this is that elders who consider that they are no longer assured of economic support from the wider family have adopted a defensive attitude designed mainly to hedge diemselves against the direat of destitution during old age. In this sense change has increased the elders' awareness of their relative positions in die community while at the same time sharpening their sense of competition for the accumulation and retention of strategic resources. On die odier hand, the younger who, as already noted, constitute the foundation of the elders' welfare have utilised change to secure relative autonomy from ties of obligation to their elders. In diis part of the paper I discuss two sources from which elders have traditionally obtained dieir old-age security. They include, first, die elders' control of nubile women and, secondly, their easy access to younger mates. This paper shows that the control by elders and their access to this group of women has declined and this has gready undermined their essential sources of social security. Using statutory sources and court decisions, diis paper 12 B A Rwezaura shows how the elders' control over their juniors has also been undermined by the state as an agent of change and shows also how elders have fought back in an effort to retain their former position. In this discussion the concept of 'wealth in people' (Bledsoe, 1980; Schneider, 1968; Mair, 1953; Fallers, 1964; Little, 1951; Gluckman, 1941) has been used to illustrate the point that loss of rights in certain people leads to loss of wealth, prestige and authority. Bledsoe has argued, following previous writers on Africa (Goody, 1971; Terry 1972) that "in any society the rights that people have in die services and persons of others are tremendously important". Referring to the Kpelle people of Liberia, Bledsoe (1980: 49) notes that "men and die'old have legal rights in women not only to reproduce and gain labour for supporting their immediate families but also to lure young men into ties of debt and obligation". Looking at marital strategy in Lesodio, Colin Murray (1977) has dearly demonstrated that die function of bridewealdi in a contemporary Basuto community is to redistribute upwards, from die junior (active migrant) generation to die senior (retired) generation, a proportion of the means of subsistence derived from earnings in South Africa. Thus, by holding on to dieir nubile daughters, Basuto elders are able to secure from their juniors substantial maintenance instead of relying merely on kinship morality. But whereas most Basuto fadiers can feel relieved diat their control on marriageable women will assure diem of security in old age, research in odier parts of Africa shows a general loosening of parental control over their children. It is argued below that die alteration in the pre-capitalist system of wealdi in people has adversely affected die economic security of the elderly. The concept of 'Wealth in People' and its modern constraints As noted already, die economic subordination of women and young men in traditional Africa gready assured their dependence on male elders. This arrangement kept in check the strivings of these juniors to extricate diemselves from relations of dependence until the moment arrived when diey would gain, relative autonomy while simultaneously increasing dieir rights in other people. But forces of change, generated by colonial capitalism — as noted above — and ecological factors, disrupted die scheme by enabling the junior to secure wealth and social status outside die traditional sphere and this provided a chance for die juniors to disregard die authority of their seniors. Change also provided new opportunities for women and children to free diemselves from the control of die elders by moving into urban centres or by selecting their own spouses widiout too much interference from their parents. The colonial state and Christian missions also created their own economic and cultural opportunities for die juniors to free diemselves from ties of obligation. This development created tensions in die relations between juniors and seniors. Thus die system of rights in people on. Community Obligations to the Elderly 13 which seniors traditionally relied to gain their old-age security came under heavy strain. Writing about the increasing equality between men and women among the Toro people of Uganda, Melvin Perlman (1985) notes that, although traditionally payment of bridewealth was a necessary condition to the legality of marriage, by the 1950s bridewealth in Toro society had radically declined as a pre-condition for marriage, and many marriages had been contracted without transfer of bridewealth. In a sample of 147 marriages contracted between 1950-1960, Perlman found that over 82% involved no payment of bridewealth. The rapid fall of bridewealth transfers among the Toro has been linked by Perlman to the decimation of their livestock by the rinderpest epidemics which broke out at the turn of this century. The depletion of their livestock initially made it difficult for men to meet the costs of marriage. They offered to pay later though many did not. Such defaults became gradually tolerated and, as noted by Perlman, this made it easier for other men to follow suit and the non-payment of bridewealth gradually became the custom among the lower classes, constituting the majority. The decline in.the institution of bridewealth among the Toro paved the way for relative acceptability, in later years, of a rule that fathers no longer had legal custody over their daughters after the age of 16 years. The effect of this rule, which was imposed by local administration courts, was to give greater freedom to daughters over 16 years to select their own husbands without too much resistance from their fathers. As noted above, colonial courts were supportive of this law by refusing to apprehend eloping women, to award any damages or impose any fines against young men in cases of seduction or enticement of women aged 16 years and above. Thus, of 1 228 family cases heard by the Toro native courts between 1900 and 1960, only 896 were bridewealth cases and even the majority of these were for refund of bridewealth at the time of divorce rather than claims for the initial payment of bridewealth (Perlman, 1985). Although colonial courts wete not the only fora for the settlement of family disputes, yet this small percentage of bridewealth cases shows that non-payment of bridewealth was becoming accepted by many people. Even though the decline of bridewealth as a condition for marriage in Toro society was sparked off initially by natural causes, ie the rinderpest epidemic, other factors of change assisted its downfall and its importance was not revived even when the adverse effects of the rinderpest had long disappeared? The consequences of this development was that not only did fathers lose an important source of income, but they also lost control over their daughters. Young men who were expected to remain loyal to and supportive of their elders in anticipation of assistance at the time of marriage could now marry without parental help. Indeed, even in cases where bride- 14 B A Rwezaura wealth was transferred, a number of sons personally paid for their own marriages without dieir fathers' assistance. To this extent, fathers became dispensable as sources of wives and this further undermined their power and audiority over the young generation. Reports of parents losing control over their daughters have been made by odier researchers on Africa. Yeld's study (1966) among the Kiga of Soudi- Western Uganda, in 1965, revealed similar trends. Yeld found diat although in traditional Kiga society the head of the household usually arranged and paid for his son's marriage, by the 1960s it was generally accepted by Kiga of all age groups diat young persons of both sexes should be allowed free choice of a marriage partner. In a survey of 150 marriages, Yeld noted that 41 out of 50 marriages contracted by Kiga couples aged 50 years and above had been contracted without the brides ever selecting their husbands. The majority had not met dieir husbands before the wedding day. In the case of married women within the age group of 50 years and under, 68 out of 96 respondents stated that they had freely accepted marriage proposals widiout parental pressure. And in the case of spouses in the age group of 40 and under, their marriages followed meetings between youngsters independent of any previous ties of relationship or friendship between their respective parents. Usually the young men and women who met at the local market, at Church services or Sunday school fell in love and agreed to marry. This freedom to select spouses among the younger Kiga must be related to the high number of elopements recorded by Yeld, as well as the extent to which the tradition of bridewealdi payment was adhered to in these marriages. According to the Kiga data, Yeld found diat among the reasons given for elopement by Kiga men were economic ones, ie their inability to secure the necessary bridewealth. In such cases elopements provided an avenue to marry without paying for die wife. Hence the freedom to select a spouse, the high rate of elopements and the failure of the husband and his agnatic family, to meet his bridewealdi obligation to die fadier-in-law, all combined to undermine the economic position of the elders in Kiga society. Similar trends have been reported in odier parts of Africa. For example, Christian Missionaries interviewed in Mozambique by Welch et al, said diat mere was a decline in the number of church marriages and that people were "turning more to traditional ceremonies or merely setting up joint homes widiout any formalities, and doing so not only in Mozambique but in all of Africa" (1985: 65). Snyder's research among die Banjal of Senegal also showed mat many youdis had contracted marriages with non-Banjal men and women in disregard of die system of endogamy practised since precolonial times. He concluded diat "diese matrimonial changes reflect and contribute to a decline in die control of elders over youdis [dius] undercutting the bases of gerentocratic audiority widiin patrilineage and household" (1978: 243). Community Obligations to the Elderly IS Hence, although freedom to marry without paying bridewealth is cited here as a specific instance of the reduction in the elders' source of power and economic support, it must be viewed in the broader context of social and economic change in which it occurred. For example, Yeld writes on how the 'pacification' of the Kiga facilitated freer mobility of people and goods leading to trade, wage employment and the inevitable dispersal of the extended family members to other parts of Uganda. On the other hand, the appointment of local chiefs as administrators and magistrates had the effect of undermining the authority of family heads. Such chiefs being the appointees of the colonial government were comparatively young, many were Christians and had some formal education. Change thus introduced a new group of 'elders' who competed with the traditional elites for power and prestige and set the pace for other juniors to challenge the authority of their seniors. As pointed out by Yeld (1966:6): "the achievement of independence by the younger generation . . . is frequently referred to in common conversation . . . with the use of the verb 'okwetegyeka' ie to become free. Fathers bemoan such freedom and the indiscipline of sons and their refusal to help their fathers in old age." Francis Snyder makes a similar observation about new means of power and wealth among the Banjal people of Senegal. He notes that (1978:241-42): "formerly die accumulation and re-distribution of wealth and authority were reserved to elders, who controlled the access of their juniors to land and ritual office. Today adults are relatively poorer while new sources of wealth are open to youths outside die village. . . . By partially freeing youth from their dependence on elders and adults, migration has tended to legitimate new sources of power and audiority." In 1974 two elderly Chagga told Moore (1974:23) how they remembered being "slavishly obedient and deferential to their leaders in youth, ever comforted by die thought diat dieir turn to dominate could arrive widi age" But they felt keenly disappointed that modernisation had now deprived mem of the privileges and regard they expected. In Zimbabwe, loss of elders' power over juniors appears also to have been at the root of the hot debate which followed die passing, in 1982, of the Legal Age of Majority Act (No 15). The Act fixed the age of majority at 18 years and expressly provided diat it was to apply for the purposes of any law including customary law. The consequence of diis legislation, as later confirmed by die Supreme Court of Zimbabwe, was to free African women in Zimbabwe from die legal disadvantages of perpetual minority which diey had experienced under customary law. The ultimate effect of this legislation was that, after the passing of the Act, a father or guardian lost die right to recover any seduction damages in respect of his daughter if at die time of the seduction she was eighteen years old or above. Similarly, the father lost a legal right to recover bridewealth if, after her 18th birthday, his daughter 16 B A Rwczawa chose to be married without his consent As the Supreme Court Justices put it in Katekwe v'Muchabaiwa( Supreme Court Civil Appeal No 99/84, Judgement No SC 87/84): "an African woman with majority status can if she so desires, allow her father to ask for roora/lobola (ie bridewealth) from the man who wants to marry her. She and she alone can make that choice." Hence, whether she selects to marry under the African Marriages Act (Cap 238) or the Marriages Art (Cap 37), she can still marry without the consent of her guardian (p 16). From the foregoing illustrations, it becomes apparent that economic and social change had the effect of reducing, if not in some cases completely taking away, the elders' control of the juniors, especially marriageable women. By giving juniors the freedom to travel, to belong to new religions, to gain European education, to work for wages outside the home, etc, the freedom to break loose from relations of dependence was assured in advance (see also Chanock, 1985). Elders could no longer count on their juniors to provide for them during old age. But the loss of control produced a counter reaction. In an effort to protect themselves from the adverse effects of change, elders turned to customary law for support and adamandy held on to whatever resources diey had. They also tried to enlist die support of die state in disputes widi juniors and in other legal contexts. In die next section, this paper considers some of die ways in which die elders tried to hedge diemselves against die adverse effects of change. The elders' response to change It has been argued in this paper that change altered reladons between seniors and juniors and further that for most seniors die consequence of change was to diminish dieir rights in dieir juniors. It has also been pointed out diat, in certain specific fields, change created new opportunities for elders to gain economic advantage. In this context, therefore, an understanding of die elders' response to change must take into account die opportunities as well as constraints which resulted from this change. This way of viewing die situation also accommodates die idea diat people's response to change is not simply a matter of reacting defensively to its adverse effects but radier, and in a more positive light, diis form of response is powered by a creativity directed at minimising die adverse effects, while simultaneously exploiting any new opportunities which change creates. Under diese conditions, aldiough die system of rights in people is portrayed as having undergone massive alteration, it nonedieless still retains a subjective relevance and people's strategies for economic success continue to be mediated dirough the same system as if no change had taken place. Community Obligations to the Elderly 17 Some specific responses No attempt is made to present an exhaustive picture of the possible responses of elders to change. What is discussed is an illustrative range of actions which support die argument of diis paper and which are, hopefully, commonly observable in many parts of contemporary Africa. They include the appearance during the colonial period of a defensive and rigid form of traditionalism which certain elders strived to use in order to retain their juniors' loyalty. Along with these neo-traditionalist claims on die juniors was die deliberate increase in inflationary levels of certain traditional payments such as bridewealdi and compensation for wrongs. There was also, in some cases, a creation of new compensatable wrongs or the expansion of old ones? Most of these conflicts and claims were mediated through the agency of die state which sometimes supported and other times rejected such claims. Martin Chanock's research in Malawi and Zambia shows the extent to which die loss of political and economic power by male elders during die colonial period gave rise to a strong neo-traditionalism diat strived to reassert control over women and children. As Chanock put it (1978:90): "die colonial system gave very few opportunities for Africans to make effective political demands but dirough customary law, some were able to press for and to establish state recognition of certain vital social and economic aims. Hence die establishment of 'Local Courts' and, indeed, die operation of the entire system of Indirect Rule enabled die elders to create a defensive customary law whose major objective was to deal widi what was seen as die disintegrative impact and structural change brought about by colonialism" (see also Hobsbawn and Ranger, 1983). Similar reactions occurred in odier parts of Africa, Among die Kuria of Tanzania, if a wife was guilty of adultery she was eidier chastised or sent home to her father "to get back one of the beasts paid as bride price" (Baker, 1935:111). According to Baker, die animal was taken by die husband as compensation, whilst die woman's lover "bragged of his success in his circle of friends". Yet in die 1930s and 1940s with die help of die local administration courts, husbands began to claim adultery compensation direcdy from dieir wives paramours. At first die amount was small, ie one head of catde, but by die end of die colonial period the amount had trebled. In more recent years diis new customary law is asserted with much endiusiasm and rigidity while die claimable number of catde has continued to rise reaching beyond the figure of five head. In post-independence Zimbabwe, die passing of die Legal Age of Majority Act 1982, as noted already, set in motion a series of neo-traditionalist efforts aimed at achieving a repeal of die Act. In an editorial comment, die Zimbabwe Sunday Mail (9/9/84) attacked die Act for having destroyed die people's culture and social norms (Ncube 1983—4:217). Even some IS B A Rwezawa Zimbabweajn MPs who had passed the relevant Act retreated in the face of mounting neo-traditionalist pressure. After the decision of die Court of Appeal in Katekwe v Muchabaiwa, itbecame clear to most Zimbabweans that die effect of the Legal Age of Majority Act was to free women to marry or have liaisons with men without dieir parents' consent. In a public debate which followed die decision, die government was called upon to amend die Act in order to make brideweakh a legal condition to a valid marriage diroughout Zimbabwe. Some evidence of the impact of such pressure appeared in a speech of the Minister of Community Development and Women's Affairs who declared diat the Act would be amended to give back to parents control over dieir children, adding diat "we want to retain our cultural values and we shall invite parents, elders, and traditional leaders to advise us on die necessary amendments needed to retain those social values we cherish" (Ncube 1983:217). The said Act has neither been repealed nor amended. In fact,, more recendy the Zimbabwe Supreme Court has decided that according to die provisions of the Legal Age of Majority Act, women are equal to men in the application of customary law and therefore an adult daughter has a right to inherit her father's estate as "the nearest relative" in cases of intestate succession. In this case the dispute over die deceased's property was between a daughter and the deceased's brodier, her uncle (IWRAW, 1987). From Kenya we have the recent case of S M Otieno which captured a lot of local and international publicity. The case brings out yet anodier instance of die forces of traditionalism. Ahhough, on die face of it, the case concerned die determination of a conflict of burial rights between a widow and her children on die one hand and die deceased husband's clan on the odier, at die root of die dispute lay die fundamental questions of die control of resources between the male elders of the Luo clan and die widow and her children. As correctly put by Salim (1987:13), the context in which the case was argued reflected "a struggle over inheritance rights" between die parties. Judging from the public interest generated by die case and the manner in which interest groups used it to articulate dieir political demands, it is clear diat die case was seized on by traditionalists and used as a platform for making a stand against women and junior men who challenged dieir audiority. Commenting on die S M Otieno case, a prominent Kenyan journalist, ' Philip Ochieng, noted diat die case brought out clearly die conflict between diose who argue for die return to die traditional code of conduct and diose who see tradition as a mirror of an economic and social system which is not only obsolete but has sometimes been misused by men and elders to oppress and exploit women and junior men. Ochieng (1987:187) noted diat elders daily pray for the return to die good old days "when young people had . . . respect for age, seniority, and audiority . . . [and] when women Community Obligations to the Elderly 19 knew their place and did not indulge in such a new fangled 'nuisance' as women's liberation". But for some elders, the yearning for the return to the former times has gone beyond the mere wish, and, as noted above, it has assumed many different forms, including opposition to progressive law reform. At the odier level, it has assumed the form of a hike in marriage payments. Studies dealing with the transformation of bridewealth have associated the big rise in brideweakh throughout Africa with the loss of economic security of the elders. For example, in areas where marriage payments were made in a series of instalments going beyond the date of marriage, social change provoked the insistence by prospective fathers-in-law of a lump-sum payment. One of die reasons for this insistence was the elders' fear that dieir sons-in-law could not be relied upon to make voluntary contributions whenever occasion demanded this. Yet the consequence of lumping togedier die payable bridewealth increased die economic burden on prospective suitors and made bridewealdi appear to have gone up. This, in turn, provoked a juniors' reaction in die form of elopements, pre-marital pregnancy or simple cohabitation widiout marriage. But in odier parts of Africa bridewealth went up in real terms and many poor households came to depend on it as a means of economic survival while odier families which were economically better off used it as a source of capital for dieir economic undertakings? Its change from perishable subsistence consumer items to hard cash made it possible for bridewealdi to be used to acquire desired goods and services. On die whole, die procedure for payment, the manner of distribution and the consequences of failing to pay up assumed an individualistic character. Some evidence of die deep conflict over bridewealdi between elders and juniors is found in the large number of court cases which were brought by fadiers to recover unpaid bridewealth. There were also corresponding cases dealing widi claims for refunds in cases of divorce. This is particularly so in areas of high bridewealdi and certainly my own research in Tanzania confirms diis position (Rwezaura, 1985). As Baker noted concerning die Kuria of Tanzania (1935:118) "It is rare to find a man who will return his daughters' bride-price except on die order of a Court". A similar trend reflecting die idea of elders trying to re-coup their lost economic security appears in claims based on die seduction of a daughter or on a wife's adultery. The high claims for a daughter's seduction which were brought in colonial courts and which continue to find dieir way into contemporary state courts are at one level an attempt by elders to control die daughters' strivings for autonomy and at another level an effort to recover compensation for the loss or diminution of expected bridewealdi. It should not be surprising, therefore, diat a law which seeks to free daughters from die control of their parents will be resisted strongly. 20 B A Rwewwa Conclusion In many industrialised countries of Europe and North America the provision of care for the elderly is now accepted as the responsibility of the state. This is also the case in socialist countries where their social security systems consist of a comprehensive package. In the industrialised countries this care is provided in different forms, such as retirement benefits, insurance schemes, subsidised housing, medical care, tax-exemptions, etc. Although die function of die family in caring for die elderly has not been completely replaced in most of diese countries, it has nonedieless been overshadowed by mat of die state. In the diird-world countries, including those in Africa, whatever state arrangements exist for die economic support of die elderly, diey are viewed as merely supplementary to the basic care provided by the family and community. Hence an examination of economic programmes and development plans of most African states does not show special concern for die aged members of the community. In some African countries where labour laws, derived mosdy from die former colonial power, make such provisions, pension schemes have been retained for the benefit of the retired work force. Unfortunately, even in countries where such pensions exist, diese are often heavily taxed and are dius inadequate to meet the recipient's basic needs. They are even more inadequate when one considers the ever rising inflation rate as well as the diminished ability of die pensioner to engage in odier economic activities in order to supplement his/her pension benefits. It is no wonder mat most public and private employees are afraid of retirement and many, if given a chance, would be glad to stay on die job for as long as possible. Whatever small benefits the state can offer to its retired work-force, die number of recipients is usually very small. It includes only a small percentage of die population while die majority is left widiout any form of state support. In dieir old age, when elders have become physically frail and intellectually dull, the burden of their up-keep seems to remain hanging in die balance. The question, therefore, is upon whom should diis responsibility fall? As argued above, the state in the diird-world does not consider this to be its obligation. Indeed its ability to offer such support is usually highly circumscribed by a weak resource base. There is a general belief diat die extended family in Africa is intact and continues to provide for die elderly? Yet, as diis paper has tried to show, whatever role die extended family still plays in providing for die aged, diis role has undergone radical transformation. This paper has not dwelt upon a detailed prescription of how certain communities in contemporary Africa care for die elderly. My concern has been to discuss die transformation of die material basis on which most elders depend for dieir essential needs. It is possible diat case studies of Community Obligations to the Elderly 21 specific African communities would show greater concern for the welfare of the elderly in those societies than this paper has portrayed. Nonetheless, it is still largely accurate that economic transformation in Africa has adversely affected traditional arrangements for the care of the elderly. Hence, whatever will happen in the next century, outside state intervention, it is unlikely to strengthen the elders' economic security to the extent of that which they enjoyed in pre-colonial times. What may happen is that certain states will directly or otherwise underwrite some of the burden for the care of the elderly. And perhaps more predictably, many elders who are today's youths will grow up to expect reduced support from the extended family and where possible, will try to make their own arrangements for old age. But as is well recognised, the ability of most poor peasants in Afirica to prepare for their old age security is largely constrained by wider economic forces which this paper has only touched upon. FOOTNOTES: 1. In this paper emphasis is placed on male elders who form the most dominant group in traditional Africa. Besides the position of elderly women has been considered elsewhere (see Rwezaura 1985; 1986). 2. Referring to the differential sources of old-age security between Kiga men and women, Yeld argues that "since an ageing family head will have married younger wives who will be cultivating for him and who are likely to be favoured by him, a first or second wife cannot expect support from her husband in her old age but will turn to her adult sons" (1966:4). 3. In Kuria society where the effects of the rinderpest were comparable and where the payment of bridewealth was adversely affected, the end of the epidemic and subsequent rebuilding of herds led to the restoration of bridewealth to the pre-rinderpest levels and in some areas to even higher levels (Rwezaura, 1985:71-73). 4. Perlman's archival research in Toro Uganda, uncovered a range of sexual offences which were created by the King of Toro. From the draconian punishments prescribed for offenders one gets the impression that not only were these offences likely to be common at the time but also opportunity was availed by elders to gain compensation from the misdeeds of their wives. For example, Law No 2, March 26th, 1907 stipulated that "if any man commits adultery with another man's wife and there are witnesses, he will be fined Shs 600^= or imprisonment for one year." The fine of Shs 600/- was taken by the government and "the wife's husband [was] given another fine, being an addition" (No 4 of 1907). 5. For example, it is reported in the case of Hamisi Gorogoro v Asha Meragane 1977 LRT n 4 that after having received 32 head of cattle as bridewealth for his daughter's marriage, the father sold all the cattle and the cash realised was used to open a shop. 6. See for example the provisions of Disabled Persons (Care and Maintenance) Act, 1982 which stipulates that relatives are obliged to contribute to the maintenance of disabled relatives by giving up to 38% of their incomes. If such relatives exist and are unwilling to provide such assistance, diey may be compelled by the court to provide such assistance. 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