On December 23, 2024, Cameroon’s National Assembly passed Law No. 2024/016, granting legal recognition to customary marriages. This reform aims to integrate traditional practices into Cameroon’s formal legal framework, enhance protection for couples married according to local customs, and address concerns about safeguarding women’s rights within the context of customary marriages.
Despite the historic prevalence of customary marriages, formal legal recognition had remained ambiguous. In 1935, an order regulating civil status in Cameroon ignored customary marriages, leaving them without a defined legal framework. A 1981 ordinance acknowledged the existence of customary marriages but did not establish explicit procedures for their transcription by a civil registrar. This legislative omission created ambiguity regarding their legal status and highlighted the complexities of reconciling traditional practices with statutory law.
The new law elevates customary marriages to the same legal status as civil marriages. Spouses must now register their customary marriage with the civil registrar in the place of their birth, residence, or where the marriage ceremony occurred. This registration formalizes the union, ensuring official recognition. Such recognition will help protect the rights of spouses. Previously, women married under customary rites often faced legal uncertainty, particularly regarding inheritance rights after their spouse’s death.
Under the new law, a marriage will not be recognized as valid unless it is recorded by a civil registrar. According to article 49, spouses who have entered into marriage are required to declare it to the civil registrar for transcription. The declaration can be made at the registrar’s office in the place of birth or residence of either spouse or where the marriage was celebrated. Once the request for transcription is submitted, the registrar publishes it and notifies registrars in the spouses’ places of residence and birth. Anyone with a legitimate interest may object to the transcription within 30 days of its publication. If no objections or impediments arise within this period, the registrar will transcribe the customary marriage into the civil register.
Louis Gilbert, Law Library of Congress
January 7, 2025
Read more Global Legal Monitor articles.