Land Tenure Rights for Women Under Customary Law (original) (raw)

Regional dynamics are rapidly changing, affecting the social structures and therefore land tenure systems. This paper highlights the women’s rights issues in accessing land under dual systems: Statutory laws and customary practices and explores the elements that contribute to the success of women accessing and securing land rights in four countries. The goal is to make the knowledge resulting from the use of a platform, such as the Global Housing Policy Indicators (GHI), accessible on an open source to all land specialists, NGOs, policy makers, governmental agencies, as well as a global audience, including women around the world. The cases presented illustrate various difficulties to secure land tenure for women. The GHI assessment tool finds first hand evidence of the discrepancies between constitutional laws that are mostly gender neutral and the set of unspoken social norms or customary laws that discriminate against women, by way of practices restricting women’s ability to own, inherit or individually use land. These case-studies include two different types of land related gender inequality patterns - namely perceptual and traditional/ religious law systems. Most are considered ‘typical’ gender inequality situations characterised by increasing restriction to access and use of land, marginalization, prejudices and insecurity because of political and economic changes

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Women and Land Rights: Legal Barriers Impede Women's Access to Resources

— A woman's ability to own, inherit and control land and property is absolutely vital to her ability to access resources and participate in the economy. Yet many women do not have legal ownership rights to the land on which they live and work. This can increase women's dependence on husbands and male, land-owning relatives and limit their access to credit and productive inputs. The Thomson Reuters Foundation and the World Bank partnered to better understand legal frameworks that affect women's ability to access resources, with a particular focus on the legal and cultural barriers to women's secure land rights. It covered both statutory and customary law, with a particular focus on how laws work in practice. This work should be seen as complementing other gender and law resources such as the World Bank's Women, Business and the Law. In practice, women are disadvantaged in many countries where customary or religious law prevails with regards property laws, marital property regimes and inheritance. This Paper highlights Women and Land Rights, Legal Barriers impede women's to access the resources.

A Comparative analysis of women’s land rights in Asia, Latin America and Sub-Saharan Africa

2016

The study sought to make a systematic and critical comparative analysis of the distribution of land between men and women in the three regions of Asia, Latin America and Sub-Saharan Africa in order to establish if there was any discrimination against women using a gender approach (or analysis). In the study, the focus was on use rights in state-owned land or resettlement land and a critical evaluation on whether these rights were differentiated and distributed on the basis of sex. The study used archival data and document reviews. The analysis was based on farms or land acquired by governments and later redistributed to smallholder farmers. Studies in the three regions showed that women were considered a marginalised social group in land ownership although slightly better conditions were observed in Latin America. A majority of the studies blamed customary, religious and statutory laws but failed to estimate the relative importance of these variables in explaining the gendered patte...

LAND RIGHTS AND WOMEN

isara solutions, 2016

There has been a general assumption in economies as well as in socio-pollitical field that by giving women formal land right, their survival changes, their economic status and their bargaining power at the family level will be enhanced greatly. However, ethnographic data explicitly shows that in the traditionally patrilineal communities of South Asian women rarely realize the right that contemporary laws have provided them (Agarwal, 1994: 249). In the face of continuing and widespread exclusion of women from land, this significant achievement is only one step forward in the process of acquiring effective control and its optimal utilization. In order to define and achieve the goal of full right for women, it is necessary to understand those factors which act as barriers. An attempt is made to argue that (A) Patriarchal ideology and related practices hinder women's access to land and also affect their ability to effectively utilize the same resources. (B) Factual division of production and reproduction within the household and community also increases barriers for women to utilise claimed land optimally. (C) Capitalist development and commodisation can be seen to change custom and perpetuate gender inequality, though these processing also appear to bring up contradiction and new forms of restriction at time. (D) Women's ability to establish their claim on land and utilise it optimally also reflects the relation between women and the state. (E) The strategies will deal to overcome the barriers for women to access land and use it optimally.

Women’s Land Rights: Tenure, Organisational Issues, the Local and the Global

2014

This paper discusses women’s relation to land and landed property through an examination of gender relations with regard to land rights and within agrarian reforms. Women’s – especially married women’s – relation to land often has implications for their status as members of a social and political collective. Moreover, land remains an important livelihood resource in many societies; its importance is likely to increase in time of economic crisis. The current global trend is for women to take more responsibility in agricultural production where they do not already predominate (FAO 2005).

Securing land rights for women

Journal of Eastern African Studies, 2010

This collection of papers on Securing Women's Land Rights presents five articles relating to eastern Africa. Four of these illustrate practical approaches to securing land rights for women in distinct situations: law-making for women's land rights (Rwanda, Tanzania and Uganda); land tenure reform in practice (Rwanda); women's rights under pastoral land tenure (Ethiopia); and women's rights in areas of matrilineal-matrilocal land tenure (Malawi). This article serves as an overall introduction to the subject, reviewing past issues and highlighting new ones, and setting out the shape of a positive, pragmatic approach to securing women's land rights in eastern Africa. Five key themes emerge: the role of customary institutions; the continuing central role of legislation as a foundation for changing custom; issues of gender equity and equitability, and underlying goals; the challenges of reform implementation and of growing women's confidence to claim their rights; and the importance of encouraging effective collaboration among all those working in the field of women's land rights. The article calls for a stronger focus on gender equity – on securing equal land rights for both women and men – in order to achieve sustainable positive change in broader social and political relations.

Gender analysis of land: beyond land rights for women?

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RE-ENVISIONING GENDER JUSTICE IN ACCESS AND USE OF LAND THROUGH TRADITIONAL INSTITUTIONS

This research paper explores the extent to which the use of traditional institutions in land dispute resolution creates an opportunity for the protection of women’s rights to access and use land held under customary tenure in the Acholi Sub Region, Northern Uganda. The role of traditional institutions in dispute resolutions presents weakness and challenges, but also strengths and windows of opportunity. This can be used to marry the strengths arising from traditional institutions with the middle ground attempts of the state to introduce human rights principles aimed at protecting women’s right to land. This paper recommends the utilization of the “windows of opportunity” presented by the traditional institutions, through understanding the variation of custom.

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