Land Conflicts and Women's Land Right Research Papers (original) (raw)

The study assessed the effectiveness of traditional land ownership and productivity of women in agriculture in Adekokwok Sub County. The specific objectives of the study were to establish the extent and level of agricultural production among women under traditional land ownership in Adekokwok Sub County, to examine the effect of traditional land ownership on agricultural production of women in Adekokwok Sub County and to find out the challenges experience by women in agricultural productivity under traditional land ownership in Adekokwok Sub County. A Cross sectional survey design was used in this study and in carrying out this; a triangulation approach was used. Both simple Random and Purposive sampling techniques were used to come up with informants of the study which majorly included the beneficiaries of the program and government officials. Questionnaires with both open and closed ended questions were used for collecting quantitative data and an interview guide was used for collecting qualitative data from the respondents. The study findings revealed that the majority (74.55%) of the women do not own land, persons with authority over land were the husbands. Also most (74.55%) of the women had land that were not registered, leased or having tittle. Those, whose land was registered, leased and having tittle had the land registered in the names of their husbands. Most (50.91%) of the respondents were engaged in cereal crop production and majority (49.09%) of the people who participated more in agriculture were women. Finding also revealed that traditional leaders had discouraging attitude towards women about their involvement in agricultural production and decision making. Also, traditional land ownership affects agricultural production of women. Also, majority (27.27%) of the respondents experienced the challenge of lack of direct access to land. The study recommends that the government should enact more laws that specifically target the right of women to ownership and control of customary land. This way women’s productivity in the agricultural sector will increase since they will have guaranteed security over land and There should be comprehensive mass sensitization of the population by the government and NGOs like Land and Equity Movement in Ugnada (LEMU) on the rights and advantages of having women have full control over utilization of customary land.

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- Land Conflicts and Women's Land Right

Uganda has a rich legal and regulatory environment hailed for its outstanding recognition
of women’s rights. Policy and legal frameworks for redressing gender imbalances,
harmonizing, and streamlining the complex tenure regimes for equitable access to land and
security of tenure exist. However, the presence of such impressive frameworks on the
gender equality has not curtailed gender disparities. Even though Uganda’s economy has
been steadily growing in the past 25 years and a significant reduction in poverty has been
recorded, over 7 million Ugandans are still trapped in chronic poverty.
In the first chapter of this report, an overview of the status of women is shown in the various sectors that are pivotal to women’s rights over land. Women are involved in elective politics at the highest level filling more than 30% of the elective posts in the country, which is above the internationally recommended quota of 1/3. In all land tenure systems of women are excluded from owning land and only retain secondary rights. In the agricultural sector, women contribute 83% of the labor force, and yet few of them own land. For example, women are not able to access mortgage financing. Women’s ownership of housing is very limited as the housing finance sector lacks long-term funding schemes within the domestic banking system, which can assist women, acquire land and houses. In the second chapter, an analysis of the legal and policy framework undertaken with a view to locating the premise on which women’s land rights hinge and the effectiveness that such recognition places in the hands of women. The 1998 Uganda Constitution protects women against historical discrimination and, guarantees women equal rights with men. Uganda is a signatory to international level agreements, declarations, and protocols, which promote gender equity. Succession laws recognize a women’s right to inherit from their husbands and fathers, though directly and indirectly, women’s inheritance rights in the succession laws are not equal with those of men. In chapter three, the reality of delivering rights within a socio-economic context is dealt with and shows, that despite the progressive legal and policy dispensation, the cultural context and the economic reality deal a blow to much of the anticipated gains, articulated in the legal and policy framework. It is therefore the conclusion of this study, that a clear gap exists between what is in law and policy, and what is practiced, mainly because, the implementers are not able to enforce values ascribed to in the laws, policies, and instruments are limited by capacity or political will. In such a vacuum culture and custom has thrived as the de facto norms to the detriment of statutory provisions that support the right of women over land.

- by Margaret A Rugadya
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- Women's Rights, Uganda, Land Law, Land Policy

"The colonization of Turtle Island and by extension, the colonization of Indigenous women and their bodies has created subtle forms of racism such as systemic and environmental racism. More Indigenous women are beginning to demand environmental reproductive justice and due to shared concerns over gender equality and environmental degradation, I contend that a strategic coalition between ecofeminists and Indigenous feminists would be extremely beneficial. However, before engaging with Indigenous feminists, white Western ecofeminists must first situate themselves within the on-going structure of colonialism, as well as, adopt a historical-oppression framework and anti-racist strategy."

- by Vanessa Pizzingrilli
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- Feminist Theory, Sexual and Reproductive Health, Spirituality, Embodiment

Conflicts are only resolved when the underlying sources of tension between parties are removed. To cope with any type of land conflicts and their restrictions, there is a need to develop approaches covering both some curative measures for reconciling various interests and preventive measures to reduce any risk of conflicts. This requires mainly two important steps: conflict analysis and organization of collaborative actions between the parties.

Gender Relations in Land Rights is a work of organisations working on Women and Land issue under the umbrella organisation of International Land Coalition. This is a five country study in which partner organisation shared the best practices and laws related to inheritance, common properties etc. The countries are India, Nepal, Bangladesh, Indonesia and Cambodia.

- by Giovanni Isabella
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- Medieval History, Property Rights, Medieval Women, Cadastral Systems
- by Giovanni Isabella
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- Medieval History, Property Rights, Medieval Women, Cadastral Systems

Large-scale land acquisitions by investors, which are often called ‘land grabs’, can deprive rural women and communities of their livelihoods and land, increasing their food insecurity. This report argues that the current rise in land grabbing needs to be urgently addressed, and focuses on the actions that developing countries can take to mitigate land grabs through strengthening national land governance so that it is transparent, is accountable and protects communities’ rights.

- by Isabel Crabtree-Condor
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- Property Rights, Africa, Land tenure, Gender

With respect to the issues of tenancy and land reforms, usually two of the ideological positions are held by the advocates of social justice and redistribution of land. One of these believes that the direly unequal, unjust and exploitative relations of power between the peasants and the landlord can be eliminated by providing legislative securities and protections to the tenants within the same administrative framework and structures of land. They believe that greater security of tenure, improved system of revenue and effective judicial adjudication can minimize exploitation and improve the condition of tenants. The other believes in changing the position of tenants by fixing a land ceiling and redistribution of land as a measure for social justice. The former believes the available land is not enough to be divided into all the landless peasants and even if it is done, the measure will not be economically viable. The latter believes in redistribution of land and fixing land ceiling to abolish the feudal structure that adversely affects political and social systems, values and other relations in society. The paper draws an in-depth analysis of the two approaches in the context of Punjab.

- by Amjad Nazeer
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- Land and Property Development, Peasant Studies, Land tenure, Pakistan

I due dotari gemelli costituiti da Ugo di Provenza, re del regno italico, per il proprio fidanzamento con Berta e per quello di suo figlio Lotario con Adelaide devono essere compresi all’interno della politica di rafforzamento del potere regio condotta dal re negli anni Trenta del secolo X: di quella politica sono infatti il coronamento. La doppia costituzione dotale fornisce al re italico l’occasione di riservare per sé (e per la giovane coppia regia appena formata) un forte controllo del centro della pianura padana intorno a Pavia e di smantellare (a vantaggio del dominio regio) le basi del potere marchionale in Tuscia. L’analisi dell’operato di Ugo permette la comprensione della sua politica nei confronti delle aristocrazie e dei meccanismi di promozione delle nuove famiglie (Aleramici, Obertenghi, Canossa). Le carte furono conservate nell’archivio della fondazione adelaidina del Salvatore di Pavia non per via della dotazione patrimoniale del monastero ma come strumento di legittimazione politica della nuova famiglia regia ottoniana.

- by Giacomo Vignodelli
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- Medieval History, Property Rights, Cadastral Systems, Nobility

The new Constitution is a culmination of the incremental steps taken by the country to level the socio- legal terrain in favor of women’s rights and interests in land. The new Constitution represents a significant improvement in women’s and men’s rights and status in Kenya in all spheres of life. Land is one of those spheres. There is therefore need to consider the broader definition of land (water and space inclusive) as natural resources, as well as other property and assets in all matters land. Land and other property (such as cattle, extractive minerals, machinery etc.) can be used for farming and production, and can also be the basis for wider political empowerment for women. Having access to secure land and property tenure can provide a home and enable women to engage in political struggles over resources; land is an asset to bring to marriage and can be used as collateral for loans. As such, land and property are the foundation of economic empowerment, giving many women in Kenya the confidence to take risks and to negotiate rights to resources, but also providing them with ‘peace of mind’
In this publication, the opportunities and suggestions given that if women are to make a wholesome contribution to the Kenyan society they must take advantage of the framework in the new Constitutional dispensation is given great prominence.

This report is about people’s everyday ‘concerns and conceptions of justice,’ and what responses and remedies ‘justice providers’ offer in South Sudan’s Western Equatoria State (WES). Through eight case studies of particular 'justice problems' or institutions, it aspires to show how laws and institutions drawn up in the centre (Juba) are received, translated and appropriated by people in the periphery. Geographically, the study focuses on urban centers in the former Western Equatoria State and in particular Yambio, Nzara, Ezo, Tombura, Maridi and Mundri. Case studies include: women's claims to land in court; the demarcation of land; the County Land Authority (CLA); the customary court system; LRA-displaced people's land claims; land disputes and ethnicity; witchcraft in court; and the interaction between the customary and statutory court system.
Socio-legal field research for this report was carried out between 2014 and 2016 by Bruno Braak with a team of eight local researchers, using mostly semi-structured interviews, court observations, and focus-group discussions. This report is part of a research project by Cordaid, the Van Vollenhoven Institute (VVI) of Leiden University’s Law School, and The Justice and Peace Commission (JPC) of the Catholic Diocese of Tombura-Yambio (CDTY).

- by Bruno Braak
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- Legal Anthropology, Land tenure, Socio-legal studies, Customary Law
- by Tiziana Lazzari
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- Gender History, Property Rights, Cadastral Systems, Land Policy and Governance

The main thrust of this paper is that titling is inept at safeguarding women's land rights on customary tenure. Intentionally or unintentionally, titling is unable to uphold favorable pre-existing claims and 'rights' of women on customary tenure, that are already socially recognized by traditional norms. These are often lost, modified, or erased as customary tenure gains formality. Neither the replacement theorists nor the adaptation or the hybrid theories favors women's land rights, as none anticipate the existence of embedded and functional women's role-related, legitimate social 'rights or claims as part of the bundle of rights under customary tenure. It is, therefore, illusionary to expect titling to advance women's land rights, since none of its processes or tools are cognizant of this distinct category of rights on customary. Instead, the titling process formalizes inequity in land rights, by creating new rights for men at the expense of women by worsening existing vulnerabilities of and creating 'new additional conditions' that intensify the loss of rights for women, hence deteriorating tenure relations that previously held limited favor for women on customary tenure. Review of seven pilot projects shows, that women's land rights are best negotiated at individual households with partners within a family or homestead, even though agreements to restructure such rights are often reached between partners at this stage, they easily crumble under peer pressure from males in extended families and clans and intimidation or threats meted out to women. Innovation, awareness creation, exchange, and learning ameliorate the situation. However, the challenge is the majority of the titling projects do not anticipate the embedded nature of social rights in land accorded to women under customary, hence an absence of methods and tools to capture them. Accepting that form (non-absolute) and function (use for household welfare) is the basis for the definition of tenure rights for women in a socio-cultural and ecological mode, is part of the solution for a more inclusive titling process on customary tenure.

- by Margaret A Rugadya
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- Women's Studies, Customary Law, Women and Gender Studies, Land reform

It is well known that during an armed conflict situation women are always victims or target by the parties to the conflict, this situation mostly happen in Africa as many armed conflict of nowadays are taking part in that continent. Women are vulnerable and they bodies are view as a battle ground in both international armed conflict and non-international armed conflict.
Despite the fact that the international community has set rules and laws to follow during an armed conflict, rules to which every states are bind, the belligerents involved seemed never pay any attention to these rules, by rules and laws I mean the four Geneva Conventions of 1949 and its two Additional Protocols of 1977.
This paper show that women can play an important role in war times than being the victims of war. Women can participate in peace negotiation, they can play a role of the UN Special Representatives and can also play a role during repatriation process, reintegration and rehabilitation.
Because of the role that they play in societies as mothers and caregivers, women need to be protected during an armed conflict.

The armed struggle for liberation from Portuguese rule started in 1961, but resistance had begun earlier due to the wide-scale expropriation by the colonial regime of another key resource, land. As in other southern Africa countries, the demand for land rights became a pillar of the independence movement. The four decades of armed conflict were characterized by land expropriation, forced removals, resettlement, and the massive
internal displacement of rural and urban populations.
Since the end of the armed conflict in 2002, Angola’s recovery and remarkable economic growth have been fuelled by the extractive industries of petroleum and diamonds. The consolidation of peace, however—the reintegration of politically divided populations and excombatants—is much more linked to access to land. Land is not the only resource important to peacebuilding in post-conflict Angola, but it is a primary factor in social reconstruction.

This interview was conducted on July 20, 2016 at Geedam, a town in Dantewada district in Chhattisgarh, at Soni Sori’s residence. Soni, a schoolteacher, was arrested on charges of acting as an intermediary for CPI (Maoist) in 2011 and granted bail in 2014. The custodial torture and sexual assault that she faced, her subsequent release, and her continuous struggle against the state’s excesses against the tribal population resisting corporate acquisition of tribal land has made her the face of adivasi resistance in contemporary Chhattisgarh. In 2014, she contested as a candidate of the Aam
Aadmi Party (AAP) and lost the general elections in Bastar. Four months prior to this interview, in March 2016, she was attacked by miscreants who threw chemicals on her face and threatened her family with dire consequences if she did not resist from speaking out on state atrocities against the tribal population..The interview was conducted in Hindi and has been translated and edited by the interviewer.

Cette contribution analyse les liens existant entre développement et conflit dans le contexte des mobilisations protestataires qui se sont élevées contre l’intensification de la marchandisation des terres collectives au Maroc. La cession de ces terres, qui s’accompagne d’un discours associant la valorisation économique des terres collectives au développement humain et social promu par l’État, contribuent à rendre visibles – en les exacerbant – des inégalités inhérentes à ce régime foncier introduit à l’époque coloniale. Parmi les multiples formes d’inégalités, celles relatives aux droits des femmes se sont plus particulièrement imposées sur la scène politique grâce aux actions menées par un mouvement de femmes revendicatif. Ce mouvement a non seulement réussi à se forger un statut de « mobilisation légitime », mais il contribue aussi à (re)créer des frontières sociales cette fois fondées sur une rhétorique de l’autochtonie et sur la politisation d’inégalités sociales qui reposent sur l’appartenance tribale.

Despite the more than fifty year war between the north and south parts of Sudan, which officially ended with the signing of the Comprehensive Peace Agreement (CPA) in 2005 , South Sudanese women and girls continue to be marginalized. They are to a large extent excluded from enjoying the benefits of peace in the newly independent nation of South Sudan. One of the greatest constraints to South Sudanese women in accessing their rights is their limited access to justice due to the severely weak justice sector. Access to justice is underpinned by a complex plural legal system where customary and statutory systems are struggling to harmoniously function side by side.

According to Transparency International's research (Transparency International TI, 2013), around the world, one in five people report that they have paid a bribe for land services during the last years; in Africa, every second client of land administration services was affected. At the same time, land developers and speculators specifically target countries with weak governance, and together with local elites they can contribute to illicit and corrupt land transactions and increasing state capture. This marginalizes local populations further and as a consequence results in poverty, hunger, and conflict. However, only little evidence exists on land-corruption and its manifestations. TI's Land and Corruption in Africa programme aims to fill this gap, and with this paper presents findings from TI's empirical and desk-based baseline survey (2015) on land corruption in Cameroon, Ghana, Kenya, Madagascar, Sierra Leone, Uganda, Zambia, and Zimbabwe. Moreover, the paper will discuss challenges in unearthing evidence, and demonstrate where TI's interventions can trigger change.

- by Svetla Koynova
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- Economics of Corruption, Anti-Corruption, Land Rights, Indiginous Land Rights

Administration of land in Tanzania is more decentralized from the president to the village level. The law gives power to village councils and village assemblies to administer village land. The District authorities are given advisory and supervisory mandates over villages and represent the commissioner who takes overall administrative powers. Despite decentralization, institutions responsible for land administration, land have continued to be cause of many conflicts for years. Conflicts have been escalating and lead loss of lives and property. Lack of coordination among land administrative institutions has been the main route cause of land conflicts and ineffective systems of handling land conflicts administratively.
Civil society organisations, government institutions and development partners have been working to address and enhance coordination and communication among responsible institutions responsible for tenure security. TNRF is one of the three implementing partners of the “Ardhi Yetu Project” that focuses on, among other things, strengthening platforms at the local level. The platforms aim at multi-stakeholder policy dialogue on sustainable land-based businesses and investment solutions in ways that build upon active citizen participation. Therefore this paper presents multi-stakeholders forums as best model to address institutional coordination for land tenure security.

- by Masalu Luhula
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- Land tenure, Land Law, Natural (Land) Resource Based Conflicts, Land Conflicts

Grievance-based narratives are a primary component of civil wars. While present among the
general population affected by conflict, the variants held by the segment of the population most
proximate to the armed factions--constituencies--play a primary role in the development and
conduct of a conflict. Such narratives can coalesce around specific volatile issues and enable
non-combatant constituencies to participate in the conflict through the use of specific 'legalities'
or legal precepts. These legalities facilitate the engagement of sets of collective action that are
opposed to those derived by constituencies of the opposing side. However such constituencies
and their narratives are also where potential opportunity resides for peace-building, both during
and subsequent to hostilities. This article looks at the case of Darfur to examine these ingredi-
ents, with a focus on land rights as the volatile set of issues around which narratives have devel-
oped. In Darfur, opposed narratives which maintain how and why groups claim and deserve ac-
cess to land and territory, and how groups were unjustly displaced or excluded from lands (and
hence power), became solidified and acted upon prior to the conflict to become a primary driver
in the current war. In certain cases however narrative change has led to interaction between
members of opposed constituencies for the purpose of exploring cooperative arrangements.

- by Jon D Unruh
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- African Studies, Islamic Law, Peace and Conflict Studies, Sociology of Law

A treinta años de su inicio, el régimen de la autonomía ha echado raíces en la vida social y política de la Costa Caribe. Es referente importante en donde se fundan los derechos de los pueblos indígenas, afrodescendientes y mestizos. Sin embargo, un Estado históricamente centralista y centralizador, sumados a la fuerza que ha cobrado hoy el modelo extractivista, colocan a la autonomía costeña ante considerables desafíos.

- by Dolores Figueroa Romero and +2
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- Local Development, Autonomy, Indigenous Peoples Rights, Land Conflicts and Women's Land Right

This chapter analyses the links between development and conflict in the context of the protest movements that have arisen in response to the increasing commodification of collective land in Morocco. The transfer of this land, a transfer accompanied by a discourse linking the economic development of collective land to human and social development promoted by the state, renders visible—by exacerbating them—the inequalities inherent in the land tenure system introduced in the colonial era. Among the many forms of inequality, those relating to women’s rights have become particularly important on the political scene thanks to action taken by a particular women’s protest movement. This movement has managed to forge status for itself as a legitimate protest movement and is also contributing to the (re)creation of social boundaries based on the rhetoric of autochthony and on the politicisation of social inequalities based on tribal affiliation.

Although women's land rights are often affirmed unequivocally in constitutions and international human rights conventions in many African countries, customary practices usually prevail on the ground and often deny women's land inheritance. Yet land inheritance often goes unnoticed in wider policy and development initiatives to promote women's equal access to land. This article draws on feminist ethnographic research among the Serer ethnic group in two contrasting rural communities in Senegal. Through analysis of land governance, power relations and 'technologies of the self', this article shows how land inheritance rights are contingent on the specific effects of intersectionality in particular places. The contradictions of legal pluralism, greater adherence to Islam and decentralisation led to greater application of patrilineal inheritance practices. Gender, religion and ethnicity intersected with individuals' marital position, status, generation and socio-ecological change to constrain land inheritance rights for women, particularly daughters, and widows who had been in polygamous unions and who remarried. Although some women were aware that they were legally entitled to inherit a share of the land, they tended not to 'demand their rights'. In participatory workshops, micro-scale shifts in women's and men's positionings reveal a recognition of the gender discriminatory nature of customary and Islamic laws and a desire to 'change with the times'. While the effects of 'reverse' discourses are ambiguous and potentially reinforce prevailing patriarchal power regimes, 'counter' discourses, which emerged in participatory spaces, may challenge customary practices and move closer to a rights-based approach to gender equality and women's land inheritance.

- by Ruth Evans
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- West Africa, Gender Equality, Feminist Ethnography, Gender and Development

Adelheid, dowager empress of Germany in the late tenth century, owned more lands than her son the emperor. She had inherited them from her father, Rudolf, king of Burgundy and Italy, and from her first husband, Lothar, king of Italy. The possession of these lands was arguably the most important source of power in the tenth century although seldom discussed in current historical studies. In 952, Adelheid brought the kingdom of Italy to her second marriage with Otto, king of Germany and emperor of Germany to be. The sophisticated Italian court culture met the vibrant German ‘new culture’ and both were enriched. Adelheid continued to rule her lands during her marriage to him and after his death. As land was a source of power, she wielded considerable authority in her own right. This paper seeks to understand the sources of the ownership of the land and how effectively Adelheid used it as a tool of rulership blending two cultures – the one into which she was born and the other into which she married.

- by Penelope Nash
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- Medieval History, Property Law, Women, Land Conflicts and Women's Land Right

En el contexto actual de crisis civilizatoria, la recuperación, re-significación y creación de formas de vida alternativas implica uno de los desafíos más grandes de nuestro tiempo. Afortunadamente existen numerosos ejemplos de comunidades y proyectos locales y regionales que trabajan en pos de este objetivo, uno de los ejemplos son las ecoaldeas o comunidades sustentables que se encuentran en distintos países del mundo. El objetivo de esta investigación ha sido conocer las formas alternativas de relacionamiento sociedad-naturaleza en la Ecoaldea Nashira, ubicada en el Valle del Cauca en Colombia, utilizando una perspectiva transversal de género.

- by Giuliana Fiore
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- Political Ecology, Colombia, Community Development, Feminism

In the last century, national and international movements in capital and ideas have contributed to the radical transformation of the Brazilian countryside. In Mato Grosso do Sul, Guarani have been displaced onto reservations (through often extra-legal means) due to deforestation for cattle ranches and agricultural plantations. Guarani land activists link displacement to problems like starvation and high crime rates. Today, protest occupations of plantations result in sometimes violent counter-mobilization by plantation owners. This article investigates the production of ethnic boundaries between self-identified 'Indians' and 'non-Indians', which become articulated as territorial. It interrogates how these boundaries are both produced by and contribute to the economic development policies driving the land grab in Brazil.

- by Stefaan Dondeyne and +1
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- Land tenure, Gender and Development, Land Law, Tanzania

This study examines the mechanisms that African women employed to accumulate wealth and property during the nineteenth century. After the ban on slave exports in 1836, West Central Africans looked for new economic activities and shifted their focus and energy to the trade in commodities as legitimate commerce expanded in Benguela. In the process, African women achieved new social and economic positions in the colonial setting, accumulating dependents and goods. The concentration of dependents, including enslaved ones, clustered wealth in fewer hands and altered notions of land access and rights. Primary sources reveal consumption patterns that suggest that property was accumulated in different ways, and that such accumulation spread far into the interior. This article emphasizes African women’s role as active agents of change on the coast and in the interior of Benguela during this time of economic transformation, making extensive use of kinship, affinity and economic networks that already existed.

- by Mariana Candido
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- Property Law, Legal History, Women and the Law, Land tenure
- by Hannah Twomey and +1
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- Land Rights, Land Conflicts and Women's Land Right

The ongoing HIV/AIDS pandemic in southern Africa continues to manifest itself in unexpected ways. While the consequences of the disease appear straightforward in some aspects—e.g., medical, labor, cost—in other respects the repercussions, while large, are nonetheless highly nuanced and can be counterintuitive. This paper reports on the intersection of HIV/AIDS, migration, livelihood adaptation, land tenure, and forest conservation, to outline how adaptation to the pandemic has reworked significant aspects of land tenure to result in increased forest conservation in southern Zambia in the near to medium-term. The research uses a combination of ethnography, case studies, household survey and spatial analyses and finds that HIV/AIDS is used in customary legal settings to enhance land access. We also draw links to practical and theoretical implications of the relationship between HIV/AIDS, land tenure, and deforestation in Sub-Saharan Africa.

- by Jon D Unruh
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- Africa, HIV/AIDS, Infectious Diseases, HIV/AIDS policy
- by Eric Yeboah
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- Property Rights, Cadastral Systems, Land-use planning, Urbanisation