Property Rights

Implications of Customary Practices on Gender Discrimination in Land Ownership in Cameroon

Citation:

Fonjong, Lotsmart, Irene Fokum Sama-Lang, and Lawrence Fon Fombe. 2012. “Implications of Customary Practices on Gender Discrimination in Land Ownership in Cameroon.” Ethics and Social Welfare 6 (3): 260-74.

Authors: Lotsmart Fonjong, Irene Fokum Sama-Lang, Lawrence Fon Fombe

Abstract:

Africa, before European colonization, knew no other form of legal system outside customary arrangements. Based on secondary sources and a primary survey conducted between 2009 and 2010 on the situation of women and land rights in anglophone Cameroon, this paper examines the grounds for discrimination in customary laws against women's rights to land in the context of legal pluralism, and discusses the implications of this custom of gender discrimination. In drawing from Cameroon as an exemplar, it concludes that the strong influence and impact of customs on current land tenure systems have global implications on women's land rights, food security and sustainable development, and that gender equality in land matters can be possible only where the critical role of ethics is recognized in pursuit of the economic motive of land rights.

Keywords: women's rights, land tenure, customary practices, discrimination, development

Topics: Coloniality/Post-Coloniality, Development, Conflict, Gendered Power Relations, Gender Equality/Inequality, Land Tenure, Governance, Peace and Security, Rights, Human Rights, Land Rights, Property Rights, Women's Rights Regions: Africa, Central Africa Countries: Cameroon

Year: 2012

Property Rights and the Gender Distribution of Wealth in Ecuador, Ghana and India

Citation:

Deere, Carmen Diana, Abena D. Oduro, Hema Swaminathan, and Cheryl Doss. 2013. “Property Rights and the Gender Distribution of Wealth in Ecuador, Ghana and India.” Journal of Economic Inequality 11 (2): 249–65.

Authors: Cheryl Doss, Carmen Diana Deere, Abena D. Oduro, Hema Swaminathan

Abstract:

Women’s ability to accumulate wealth is often attributed to whether they have property rights; i.e., a legal personality to own and manage property. In this paper we argue that basic property rights are insufficient; whether women are able to accumulate wealth also depends upon the marital and inheritance regimes in particular contexts. Drawing upon surveys which collected individual level ownership data in Ecuador, Ghana and the state of Karnataka in India, we estimate married women’s share of couple wealth and relate it to how assets are owned within marriage as well as to different inheritance regimes and practices. In Ecuador, married women own 44 %, in Ghana, 19 %, and in Karnataka, 9 % of couple wealth. Ecuador is characterized by the partial community property regime in marriage while inheritance laws provide for all children, irrespective of sex, to be treated equally, norms that are largely followed in practice. In contrast, Ghana and India are characterized by the separation of property regime which does not recognize wives’ contribution to the formation of marital property, and by inheritance practices that are strongly male biased. Reforming marital and inheritance regimes must remain a top priority if gender economic equality is to be attained.

Keywords: inheritance regimes, marital regimes, women's property rights, asset ownership, wealth in developing countries

Topics: Economies, Economic Inequality, Gender, Gendered Power Relations, Gender Equality/Inequality, Rights, Human Rights, Land Rights, Property Rights, Women's Rights Regions: Africa, West Africa, Americas, South America, Asia, South Asia Countries: Ecuador, Ghana, India

Year: 2013

Land Tenure and Forest Rights of Rural and Indigenous Women in Latin America: Empirical Evidence

Citation:

Bose, Purabi. 2017. "Land Tenure and Forest Rights of Rural and Indigenous Women in Latin America: Empirical Evidence." Women's Studies International Forum 65: 1-8.

Author: Purabi Bose

Abstract:

Latin America's land-use and communal forests needs a better understanding through a lens of women. This research article aims to examine Latin America's secured individual land tenure legal reforms and communal rights in indigenous territories. Two empirical case studies are presented to assess the current dynamics of rural women's land title rights in coffee agroforestry under Colombia's new Formalización Propiedad Rural program, and indigenous Quechua women's communal forest land rights for indigenous foods like kañawa and quinoa farming in highland Bolivia. In doing so, it also gives an introduction to the five empirical research papers that are part of this Special Section edited by the author. The specific case studies are from the Brazilian Amazon, Bolivia's Gran Chaco area, Nicaragua's indigenous territories and two studies from Mexico – one from Oaxaca's central valley and the other is based on smallholder farming in Calakmul rural area. In conclusion, the author discusses the need to prioritise women's role in individual land rights and communal forest tenure in Latin American countries. 

Keywords: Latin America, communal forests, indigenous peoples, women, land tenure, food security, joint titling, Brazilian Amazon, Bolivia, Colombia, Mexico and Nicaragua

Topics: Gendered Power Relations, Indigenous, Land Tenure, Post-Conflict, Post-Conflict Reconstruction, Rights, Indigenous Rights, Land Rights, Property Rights, Women's Rights, Food Security Regions: Americas, South America Countries: Bolivia, Colombia

Year: 2017

Revisiting the World Bank’s Land Law Reform Agenda in Africa: The Promise and Perils of Customary Practices

Citation:

Collins, Andrea, and Matthew I. Mitchell. 2018. “Revisiting the World Bank’s Land Law Reform Agenda in Africa: The Promise and Perils of Customary Practices.” Journal of Agrarian Change 18 (1): 112–31.

Authors: Andrea Collins, Matthew I. Mitchell

Abstract:

This paper revisits the World Bank's land law reform agenda in Africa by focusing on two central issues: (1) land law reform as a tool for resolving land conflicts, and (2) the role of land law reform in addressing gender inequalities. While the Bank's recent land report provides insights for improving land governance in Africa, it fails to acknowledge the exploitative and contentious politics that often characterize customary land tenure systems, and the local power dynamics that undermine the ability of marginalized groups to secure land rights. Using insights from recent fieldwork, the paper analyses the links between land law reform and conflict in Ghana, and the gendered dynamics of reforming land governance in Tanzania. These “crucial cases” illustrate how land law reform can provoke conflicts over land and threaten the rights of vulnerable populations (e.g. migrants and women) when customary practices are uncritically endorsed as a means of improving land governance. As such, the paper concludes with a series of recommendations on how to navigate the promise and perils of customary practices in the governance of land.

Keywords: customary practices, Ghana, land law reform, World Bank, Tanzania, Africa

Topics: Conflict Prevention, Displacement & Migration, Conflict, Gender, Gendered Power Relations, Gender Equality/Inequality, Land Tenure, Governance, International Financial Institutions, International Organizations, Rights, Land Rights, Property Rights Regions: Africa, East Africa, West Africa Countries: Ghana, Tanzania

Year: 2018

From Male to Joint Land Ownership: Women's Experiences of the Land Tenure Reform Programme in Rwanda

Citation:

Bayisenge, Jeannette. 2018. "From Male to Joint Land Ownership: Women's Experiences of the Land Tenure Reform Programme in Rwanda." Journal of Agrarian Change 18 (3): 588-605.

Author: Jeannette Bayisenge

Abstract:

During the post‐genocide period, the Government of Rwanda embarked on a land tenure reform programme that culminated in a land registration and titling process in 2009. This paper intends to capture women's experiences in relation to this programme. The empirical data were collected in Musanze District using a household survey, semi‐structured interviews, and focus group discussions. The main findings reveal that there is support of the general idea that women should benefit from the land tenure reform in Rwanda. However, there is some criticism towards parts of the land laws, and women have limited actual knowledge about land‐related laws. With land titles, women mostly have a say on the land use decisions requiring each of the spounses' legal consents but not on the daily management of land and its produce. Finally, the paper reports the persistence of social norms and culturally biased gender ideologies affecting the effective implementation of land‐related laws and policies. Therefore, the paper underscores the need to build the implementation of new laws and policies on a good understanding of customary practices to strengthen women's land rights in Rwanda.

Keywords: land rights, land tenure reform, Rwanda, women's experiences

Topics: Gender, Gendered Power Relations, Land Tenure, Governance, Post-Conflict Governance, Rights, Land Rights, Property Rights, Women's Rights Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2018

Falling Between Two Stools: How Women’s Land Rights are Lost between State and Customary Law in Apac District, Northern Uganda

Citation:

Adoko, Judy, and Simon Levine. 2008. "Falling Between Two Stools: How Women’s Land Rights are Lost between State and Customary Law in Apac District, Northern Uganda." In Women's Land Rights and Privatization in Eastern Africa, edited by Birgit Englert and Elizabeth Daley, 101-20. Woodbridge, Suffolk; Rochester, NY: Boydell & Brewer, James Currey. 

Authors: Judy Adoko, Simon Levine

Annotation:

Summary: 
"As in other countries in Africa, there are two parallel and competing histories of land tenure in Uganda. The indigenous systems evolved to suit the needs of different local groups, or at least certain elite members in those groups, in a variety of different ecological and economic circumstances. They worked on rules which have never been written down, making it easy for outsiders to consider all these systems as ‘customary tenure’ a single, unchanging system of rules and administration. Another, written, history began with British colonialism. The British introduced a system of freehold title under which client chiefs and kingdoms (as well as missions) were granted formal land rights. All land which was not registered was considered by the British to be ‘crown land’. Although customary tenure continued to operate on this land, the customary owners had little protection from the arbitrary expropriation of their property. The British colonial administrators regarded customary ownership as backward and a constraint to economic development, which by the 1950s they intended to replace with the ‘modern’ system of freehold. However, colonialism ended before this could be implemented" (Adoko and Levine 2008, 101). 

Topics: Coloniality/Post-Coloniality, Gender, Governance, Indigenous, Indigenous Knowledge Systems, Land Tenure, Rights, Indigenous Rights, Land Rights, Property Rights, Women's Rights Regions: Africa, East Africa Countries: Uganda

Year: 2008

The Battle After the War: Gender Discrimination in Property Rights and Post-Conflict Property Restitution

Citation:

Mohan, Sharanya Sai. 2011. "The Battle After the War: Gender Discrimination in Property Rights and Post-Conflict Property Restitution." The Yale Journal of International Law 36 (2): 461-95.

Author: Sharanya Sai Mohan

Annotation:

Summary: 
“This note argues that property restitution programs in transitional justice settings need to correct barriers to women's property ownership. In so doing, efforts by government, civil society, and the displaced themselves to achieve transitional justice can also create long-lasting property rights reform that moves a post-conflict society toward both reconstruction and equality. After considering the existing international legal framework as well as several case studies of transitional justice schemes, this Note will argue that actors in transitional justice should take certain steps at the very beginning of the transitional process to ensure that women's property rights are protected as they return to their lives” (Mohan 2011, 463).

Topics: Civil Society, Conflict, Peace and Security, Governance, Post-Conflict Governance, International Law, Justice, Transitional Justice, Land Grabbing, Peacebuilding, Post-Conflict, Rights, Land Rights, Property Rights, Women's Rights

Year: 2011

Controlling Land They Call Their Own: Access and Women's Empowerment in Northern Tanzania

Citation:

Goldman, Mara J., Alicia Davis, and Jani Little. 2016. “Controlling Land They Call Their Own: Access and Women's Empowerment in Northern Tanzania.” The Journal of Peasant Studies 43 (4): 777-97.

Authors: Mara J. Goldman, Alicia Davis, Jani Little

Abstract:

Formal rights to land are often promoted as an essential part of empowering women, particularly in the Global South. We look at two grassroots non-governmental organizations (NGOs) working on land rights and empowerment with Maasai communities in Northern Tanzania. Women involved with both NGOS attest to the power of land ownership for personal empowerment and transformations in gender relations. Yet very few have obtained land ownership titles. Drawing from Ribot and Peluso's theory of access, we argue that more than ownership rights to land, access – to land, knowledge, social relations and political processes – is leading to empowerment for these women, as well as helping to keep land within communities. We illustrate how the following are key to both empowerment processes and protecting community and women's land: (1) access to knowledge about legal rights, such as the right to own land; (2) access to customary forms of authority; and (3) access to a joint social identity – as women, as ‘indigenous people’ and as ‘Maasai'. Through this shared identity and access to knowledge and authority, women are strengthening their access to social relations (amongst themselves, with powerful political players and NGOs), and gaining strength through collective action to protect land rights.

Keywords: Property Rights, maasai, land, gender, women, Tanzania, empowerment, access

Topics: Gender, Women, Gendered Power Relations, Indigenous, Indigenous Knowledge Systems, NGOs, Rights, Land Rights, Property Rights, Women's Rights Regions: Africa, East Africa Countries: Tanzania

Year: 2016

Women and Land Rights in Cambodia

Citation:

Kusakabe, Kyoko, Wang Yunxian, and Govind Kelkar. 1995. "Women and Land Rights in Cambodia." Economic and Political Weekly 30 (43): WS87-92

Authors: Kyoko Kusakabe, Wang Yunxian, Govind Kelkar

Abstract:

After the abandonment of the 'krom samaki' system of collective farming in 1989, both women and men of the People's Republic of Kampuchea secured equal titles to land under the liberalisation process adopted by the government. However, with contradictory and unclear legislation and with no checks and balances, the number of land disputes increased dramatically. This article attempts to understand the effect of this phenomenon on women's social position and on gender relations in Cambodia.

Topics: Development, Economies, Gender, Gendered Power Relations, Rights, Land Rights, Property Rights, Women's Rights Regions: Asia, Southeast Asia Countries: Cambodia

Year: 1995

The Praxis of Access: Gender in Myanmar’s National Land Use Policy

Citation:

Faxon, Hilary Oliva. 2015. “The Praxis of Access: Gender in Myanmar’s National Land Use Policy.” Paper presented at the Conference on Land Grabbing, Conflict and Agrarian‐Environmental Transformations: Perspectives from East and Southeast Asia, Chaing Mai University, June 5-6. 

Author: Hilary Olivia Faxon

Abstract:

In Myanmar, heated struggles around land grabs, acquisition, and formalization fail to acknowledge the complexity and heterogeneity of existing land relations. Gender dynamics are key to shaping these systems, and have been neglected in current research and policy. This paper examines women’s access to land and the emergence of gender discourse in land policy debates through a participant ethnography of the National Land Use Policy consultation process. I explore both ways in which land access is lived by rural women, and feminist contributions to land-based social movements. Attention to the differentiated yet interlinked spheres of the household, customary law, and land formalization enhances understanding of land politics, and women’s presence, gender concerns, and the nascent common identity of the pan-Myanmar women can catalyze effective advocacy for just land reform in Myanmar.

Topics: Development, Feminisms, Gender, Gendered Discourses, Households, Land Grabbing, Rights, Land Rights, Property Rights, Women's Rights Regions: Asia, Southeast Asia Countries: Myanmar

Year: 2015

Pages

© 2024 CONSORTIUM ON GENDER, SECURITY & HUMAN RIGHTSLEGAL STATEMENT All photographs used on this site, and any materials posted on it, are the property of their respective owners, and are used by permission. Photographs: The images used on the site may not be downloaded, used, or reproduced in any way without the permission of the owner of the image. Materials: Visitors to the site are welcome to peruse the materials posted for their own research or for educational purposes. These materials, whether the property of the Consortium or of another, may only be reproduced with the permission of the owner of the material. This website contains copyrighted materials. The Consortium believes that any use of copyrighted material on this site is both permissive and in accordance with the Fair Use doctrine of 17 U.S.C. § 107. If, however, you believe that your intellectual property rights have been violated, please contact the Consortium at info@genderandsecurity.org.

Subscribe to RSS - Property Rights