Land Tenure

Women’s Land Rights in Africa: Does Implementation Match Policy?

Citation:

Sulle, Emmanuel, Sue Mbaya, Barbara Codispoti, Josephine Atananga, Bernard Moseti, and Leah Mugehera. 2019. “Women’s Land Rights in Africa: Does Implementation Match Policy?” Paper presented at Conference on Land Policy in Africa, 2019: Winning the fight against Corruption in the Land Sector: Sustainable Pathway for Africa’s Transformation, Abidjan, November 25-29.

Authors: Emmanuel Sulle, Sue Mbaya, Barbara Codispoti, Josephine Atananga, Bernard Moseti, Leah Mugehera

Abstract:

This paper assesses the performance of selected countries in implementing the provisions of women’s land rights instruments such as African Union Framework and Guidelines on Land Policy in Africa and the Voluntary Guidelines on Responsible Governance of Tenure among others. Field research was carried out in seven African countries whereby, in each country a national researcher in collaboration with the collaborating nongovernmental organisation selected three heterogeneous locations which capture the range of situations under which rural women use land. Based on field research results complemented with desk review, the study finds that while statutory laws to protect women land rights are in place in all studied countries, with some differences and, in some cases with existing loopholes, adherence to these laws at the community level remain inadequate. This is particularly evident in terms of equality of rights to inherit land among men and women. Women experience constant threat from clansmen and relatives of their husbands. As also documented elsewhere, in many African communities (although not all), most land-holding systems are male lineage based, with men playing an important decision-making role. Malawi represents a specific case in this regard, as most land-holdings are based on matrilineal systems, but this still is not an automatic guarantee of women having more decision-making power on land. Based on these findings the paper confirms that while impressive steps to address women’s land rights issues have been taken in recent African policies, law enforceability is yet to receive sufficient political backing, due to widespread patriarchal values, limited financial and human resources and last but not least informal rules of the games that are the same drivers of widespread corruption. Patronage, ‘clientage’, illegality and opacity of land transactions find fertile ground in a patriarchal system. Understanding the status, causes and consequences of the de facto ‘unenforceability’ of constitutional and legal provisions in favour of women might shed a light on much broader challenges like those addressed in this conference. Holistic implementation and reforms that 1) address existing loopholes in land laws and regulation, 2) align other sectoral policies, laws and regulations, and 3) use transformative actions to revert patriarchal values in order to bridge the gender gap in property rights, but also to help creating a fairer environment to contribute combating corruption.

Topics: Corruption, Gender, Gendered Power Relations, Patriarchy, Gender Hierarchies, Land Tenure, Governance, Constitutions, NGOs, Rights, Land Rights, Property Rights Regions: Africa, Central Africa, East Africa, Southern Africa, West Africa Countries: Cameroon, Ethiopia, Kenya, Malawi, Mozambique, South Africa, Togo

Year: 2019

Gendered Land Rights, Legal Reform and Social Norms in the Context of Land Fragmentation - a Review of the Literature for Kenya, Rwanda and Uganda

Citation:

Andersson Djurfeldt, Agnes. 2020. “Gendered Land Rights, Legal Reform and Social Norms in the Context of Land Fragmentation - A Review of the Literature for Kenya, Rwanda and Uganda.” Land Use Policy 90: 1–10.

Author: Agnes Andersson Djurfeldt

Keywords: land tenure, land rights, Sub-Saharan Africa, gender, social norms, legal pluralism, Kenya, Rwanda, Uganda

Annotation:

Summary:
“Recently, concerns have been voiced regarding the rapid increases in rural populations in sub-Saharan Africa and their consequences for rural livelihoods and food security (Headey and Jayne, 2014; Jayne et al., 2014) as pressure on land increases in already land-constrained countries. Generally speaking, the literature shows a number of parallel tendencies as demand for land increases: the marginalization of weaker groups’ claims to land and a growing push towards individualized tenure arrangements. While intersectional aspects related to marriage, age, ethnicity and migrant status must be born in mind, from a gender perspective, women in sub-Saharan Africa have historically been discriminated against in property rights systems that either view women as property or severely curtail their property rights by assigning them rights to land through adult males, such as husbands, fathers or sons (Joireman, 2008). Such discrimination would be expected to be accentuated by growing demand for land, as the property rights of adult males take precedence over those of women.
 
While contemporary processes of population growth and commodification of land more generally are expressed in dwindling farm sizes in a number of African countries such tendencies should also be situated in relation to increasing policy experimentation with privatized land rights more generally, either on individual or communal basis. Here, the literature suggests that formalization of land rights may enshrine gender-based discrimination through formalizing the customary land rights of male right holders. Simultaneously, however, legal reforms in several countries, at least ostensibly, have attempted to improve land rights for women.
 
The aim of this article is to review the literature on women’s rights to land in Kenya, Rwanda and Uganda against this broader backdrop of fragmentation, commodification, individualization of land rights and legal reform. The review explores a set of research questions, which take their point of departure from the hypothesized links between gender-based discrimination and the parallel processes of land fragmentation and privatization, but also explores the country level empirics of such discrimination in the context of recent legal reforms. The following questions underpin the analysis
 
- Does gender-based discrimination exist in the land tenure systems and land use practices found in these countries?
 
- If so, what role do formal and informal legal mechanisms and social norms, respectively, play in upholding this discrimination?
 
- How do growing demand for land and privatization of tenure affect rural livelihoods from a gender perspective?
 
A sizeable literature exists with respect to the first two questions, and most attention will therefore be paid to these. While the literature on livelihood changes is limited, contrasting theoretical perspectives highlight the link between privatized tenure and livelihood outcomes (whether positive or negative). As such the inclusion of this question is warranted despite the relative lack of literature on the topic.
 
The article begins by describing the methodology including the selection of countries and sources used. This is followed by a description of gendered patterns of land control and ownership. A theoretical section follows, outlining theories related to land rights and privatization and individualization of tenure and the presumed linkages between redressing gender discrimination in land rights and positive outcomes such as raising productivity and improving child welfare. A descriptive section introduces the tenure systems, land legislation and the current situation of women’s access to land in each country, tracing the inequities and discrimination that are present in the contemporary tenure, market, and inheritance systems for land. Following this descriptive section, I synthesize the findings for the countries overall, identifying the formal and informal mechanisms through which discriminating practices are perpetuated and if and how they have been affected by recent legal reform efforts and changes in land policy. Finally, I discuss the gender consequences of these developments for rural livelihoods” (Andersson Djurfeldt 1-2).

Topics: Gender, Gender Roles, Gendered Power Relations, Land Tenure, Livelihoods, Rights, Land Rights, Security, Food Security Regions: Africa, Central Africa, East Africa Countries: Kenya, Rwanda, Uganda

Year: 2020

Land Rights and Economic Resilience of Rural Women in the G5-Sahel Countries, West Africa

Citation:

Bizoza, Alfred Runezerwa. 2019. “Land Rights and Economic Resilience of Rural Women in the G5-Sahel Countries, West Africa.” African Journal of Land Policy and Geospatial Sciences 2: 46–59.

Author: Alfred Runezerwa Bizoza

Abstract:

This article discusses different issues pertaining gender and land governance with focus to access and control of land by rural women and how this affects their resilience in G5-Sahel region- Chad, Niger, Burkina Faso, Mali, and Mauritania. Findings show that land remains the property of men, customary chiefs, male members of the family who have the full control of land use; women continue to serve as servants of their husbands in the farming activities. Limited access to production resources such as land, agricultural inputs, small scale irrigation and agricultural mechanization, and lack of post-harvest handling facilities; all restrain women’s economic capacity for their economic resilience to climate change and other natural disasters. There is need, therefore, for innovative models of land tenure regularization systems in the G5-Sahel countries; models that take into account current social, cultural and religious barriers for women’s land access and use for their economic activities.

Keywords: land rights, gender, economic resilience, G5-Sahel, West Africa

Topics: Agriculture, Gender, Land Tenure, Households, Livelihoods, Rights, Land Rights Regions: Africa, Central Africa, West Africa Countries: Burkina Faso, Chad, Mali, Mauritania, Niger

Year: 2019

Negotiating Land Rights to Redress Land Wrongs: Women in Africa’s Land Reforms

Citation:

Chigbu, Uchendu Eugene. 2020. “Negotiating Land Rights to Redress Land Wrongs: Women in Africa’s Land Reforms.” Rethinking Land Reform in Africa: New Ideas, Opportunities and Challenges. African Natural Resource Centre / African Development Bank.

Author: Uchendu Eugene Chigbu

Annotation:

Summary:
Centuries of Arabisation and Europeanisation of Africa —followed by decades of postindependence Americanisation—has led to the balkanisation of land uses. It has also resulted in the disruption and disorientation of land tenure systems in Africa. Remedial or restitutive actions that began in the post-independence history of the continent have focused on conceptualising and implementing land reforms. These reforms combine legal and social efforts to raise the share of the land and property rights of disadvantaged groups. Most countries (re)structured processes to (re)align their land tenure systems to face the emerging land challenges from the mid-twentieth-century to the twenty-first-century world. Insecure land rights are a major part of those challenges. Land rights are “socially or legally recognised entitlements to access, use and control areas of land and related natural resources” while property rights include “the recognized interests in land or property vested in an individual or group” which “can apply separately to land or development on it” (UN-Habitat 2008, p.5).
 
Over the past fifty years, African countries have initiated and implemented various land reforms at different times, at unprecedented rates and on varying ideological differences, attitudes, opinions, and preferences. Accompanying all of these situations (at least at the policy and intellectual levels) is the contestation on whether these reforms should serve as suitable instruments for engendering equity and equality in land ownership. These debates have remained within Africa to date. However, there seems to be some consensus that these reforms, however conceived or implemented, should promote and secure land and property rights for all. This manifests in the way national governments embrace land reform as either an instrument for land redistribution and remediation or as a prerequisite for socio-economic development going forward. It is not surprising that many of these governments embark on reforms on the assumption that “greater equity and enhanced efficiency and productivity” in land access will “flow directly from such a process” (Werner 1999, p.314; Cousins 2018).
 
While these reforms are usually instituted to widen the margins of land and property rights of citizens, some of them have also brought or extended land wrongs. Land or property wrongs refers to the socially or legally motivated disentitlements or deprivations to access, use and control of land and related natural resources. Improvement in land and property rights occurs when land reforms lead to the protection of citizens’ basic rights to own, use and exercise proprietary interests in land. Emergence of land wrongs is when land reforms endanger the security of tenure of citizens.
 
Achieving sustainable development will not be realistic in Africa without women’s empowerment. “Women’s empowerment is not feasible without equality of the sexes. This makes gender parity a precondition for Africa’s development” (Chigbu 2016, p.37). In the context of land rights and land wrongs, the protection (and expansion) of women’s rights to access and use of land securely (as a morally justified, and legally and socially acceptable norm) remains problematic in Africa. Women still face “systematic disadvantage in land rights because of laws, customs and norms that either exclude them from tenure or ownership or make their rights contingent on the relationship with a male relative or spouse” (United Nations Women 2015, p.111). Perhaps many of the past and ongoing reforms have either failed or are simply slow in bridging the “enormous divide between land access for men and women”, and the insecurity of tenure that affect all citizens, but especially women (Chigbu 2019a, p.39).
 
Three questions arising from these situations are: (1) How have land reforms addressed women’s land rights in theory? (2) How have the reforms impacted on women in practice? (3) How can women’s land rights be improved through future land reform? Exploring these questions may lead to ideas for improving women’s land rights situations in Africa. A starting point for investigation is the review of explorative literature outlining the concept of land (and property) rights and wrongs in the context of land reforms in Africa.

Topics: Gender, Women, Land Tenure, Rights, Land Rights Regions: Africa

Year: 2020

Masculinity, Men and Patriarchal Issues Aside: How Do Women’s Actions Impede Women’s Access to Land? Matters Arising from a Peri-Rural Community in Nigeria

Citation:

Chigbu, Uchendu Eugene. 2019. “Masculinity, Men and Patriarchal Issues Aside: How Do Women’s Actions Impede Women’s Access to Land? Matters Arising from a Peri-Rural Community in Nigeria.” Land Use Policy 81: 39–48.

Author: Uchendu Eugene Chigbu

Abstract:

There have been many contributions to the understanding of how gender functions impede women’s access to land. However, particular frameworks concerning how women contribute to their lack of access to land have been widely ignored. This study investigates the frames that hinder women’s access to land due to (in)actions of women, in a peri-rural community in Nigeria. It is a qualitative study based on data from e-Focus Group Discussions with international researchers on gender and land; and key informants’ interviews with local women. The study argues that women do contribute to their lack of access to land by some of their actions or inactions. It questions the role women play in their land tenure status in customary land tenure. The study approaches its subject by problematising women’s land access beyond the concept of patriarchy and investigating how women’s lack of access to land is reinforced by not just men, but by women. The study reveals that even though in many instances patriarchy and customary laws play a significant role in women’s lack of access to land, there are cases where women contribute to their lack of access to land. Among other factors, it identifies ‘Brother complex’ and ‘self-hurt’ issues as some of the structures emanating from women which hinder their smooth access to land. The study is important and presents a useful initiative that can inform policies aimed at strengthening women’s land tenure. It contributes to a radical transformative agenda towards women’s access to land.

Keywords: community, gender, land access, land tenure, tenure security, women

Topics: Gender, Gendered Power Relations, Patriarchy, Land Tenure Regions: Africa, West Africa Countries: Nigeria

Year: 2019

Capital, Labor, and Gender: The Consequences of Large-Scale Land Transactions on Household Labor Allocation

Citation:

Hajjar, Reem, Alemayehu N. Ayana, Rebecca Rutt, Omer Hinde, Chuan Liao, Stephanie Keene, Solange Bandiaky-Badji, and Arun Agrawal. 2020. “Capital, Labor, and Gender: The Consequences of Large-Scale Land Transactions on Household Labor Allocation.” The Journal of Peasant Studies 47 (3): 1–23.

Authors: Reem Hajjar, Alemayehu N. Ayana, Rebecca Rutt, Omer Hinde, Chuan Liao, Stephanie Keene, Solange Bandiaky-Badji, Arun Agrawal

Abstract:

Contemporary large-scale land transactions (LSLTs), also called land grabs, are historically unprecedented in their scale and pace. They have provoked robust scholarly debates, yet studies of their gender-differentiated impacts remain more rare, particularly when it comes to how changes in control over land and resources affect women's labor, and thereby their livelihoods and well-being. Our comparative study of four LSLTs in western Ethiopia finds that the transactions led to substantial land use change, including relocation and decrease in size of smallholder parcels, loss of communally-held grazing lands, and loss of forests. These changes had far-reaching impacts on household labor allocation, the gendered division of labor, and household wellbeing. But their effects on women are both more adverse and more severe, expressed in terms of increased wage labor to make up for lost land and livestock, more time spent gathering firewood and water from increasingly distant locations, and an increased intensity of household responsibilities where male members underwent wage labor migration. These burdens led to negative psychological, corporal, and material effects on women living in and near transacted areas compared to their situation prior to transactions. This article both responds to the deficit in studies on the impacts of LSLTs on gendered livelihoods, labor relations, and wellbeing outcomes, and lays the groundwork for future research.

Keywords: tenure changes, gendered impacts, agricultural investments, Ethiopia

Topics: Agriculture, Gender, Land Tenure, Health, Mental Health, Households, Land Grabbing, Livelihoods Regions: Africa, East Africa Countries: Ethiopia

Year: 2020

Vulnerability of Ghanian Women Cocoa Farmers to Climate Change: A Typology

Citation:

Friedman, Rachel, Mark A. Hirons, and Emily Boyd. 2019. "Vulnerability of Ghanian Women Cocoa Farmers to Climate Change: A Typology." Climate and Development 11 (5): 446-58.

Authors: Rachel Friedman, Mark A. Hirons, Emily Boyd

Abstract:

Climate change, increasingly recognized as a hurdle to achieving sustainable development goals, has already begun impacting the lives and livelihoods of people around the world, including on the African continent. Vulnerability is a concept often employed in the context of climate change to identify risks and develop policy and adaptation measures that address current and projected impacts. However, it is situated in a broader social context, driven by factors such as land tenure and access, livelihood diversification, and empowerment, which single out historically marginalized groups like women. This paper applies a vulnerability framework to a case study of cocoa farming in the Central Region of Ghana, depicting not only the variety of factors contributing to climate change vulnerability but also different narratives on vulnerability that emerge based on a woman’s relation to cocoa production itself. The paper conveys how homogeneous representations of women farmers and the technical focus of climate-orientated policy interventions may threaten to further marginalize the most vulnerable and exacerbate existing inequalities. This has implications for both climate change policy design and implementation, as well as the broader social development agenda that has bearing on vulnerability.

Keywords: gender, vulnerability, agriculture, climate change, Africa

Topics: Agriculture, Environment, Climate Change, Gender, Women, Land Tenure, Livelihoods Regions: Africa, West Africa Countries: Ghana

Year: 2019

Climate Chaos: Ecofeminisms and the Land Question

Citation:

Isla, Ana, ed. 2019. Climate Chaos: Ecofeminisms and the Land Question. Toronto: Inanna Publications & Education Inc. 

Author: Ana Isla

Annotation:

Summary:
Today's social and ecological crises, which threaten the preservation of life on our planet, require our attention to understand the dynamics of patriarchy and capitalism, as well as to unmask "answers" or false solutions that obscure, perpetuate, and even worsen the current situation. Ecofeminists have critically examined several of the underlying assumptions of the capitalist-patriarchal conceptual framework, such as the promotion of the destructive transformation of nature, hierarchical thinking, the encouragement of dualism, the enforcement of the logic of domination over life, even the hatred for life itself, and speciecism. Yet ecofeminism's attempts to call attention to and stop the destruction of the planet have not yet been able to tackle the growing problem of climate change, which is threatening not only life on earth, but the earth and all her "living systems." Climate change and extreme weather are exacerbating existing social inequalities and political conflicts globally. Climate justice is the starting point from which we can begin to build the kind of local and international solidarity that is needed to address climate change and transform the socio-economic hierarchies that caused it. This volume re-examines existing analyses from this new and much broader point of view in theory and practise, and points to the need for a new concept of nature and the earth as a living being, a cosmic being, so that it is the life of the earth herself that today must be protected. (Summary from Amazon)
 
Table of Contents:
1. Climate Chaos: Mother Earth Under Threat
Ana Isla
 
2. Money or Life? What Makes Us Really Rich?
Veronica Bennholdt-Thomsen
 
3. Deconstructing Necrophilia: Eco/feminist Perspectives on the Perversion of Death and Love
Irene Friesen
 
4. The Guardians of Conga Lagoons – Defending Land, Water and Freedom in Peru
Ana Isla
 
5. Ecofeminisms, Commons and Climate Justice
Patricia E. (Ellie) Perkins
 
6. Finite Disappointments or Infinite Hope: Working through Tensions within Transnational Feminist Movements
Dorothy Attakora-Gyan
 
7. Sasipihkeyihtamowin: Niso Nehiyaw iskwewak
Margaret Kress
 
8. Climate Change and Environmental Racism: What Payments for Ecosystem Services Means for Peasants and Indigenous Peoples
Ana Isla
 
9. Biotechnology and Biopiracy: Plant-Based Contraceptives in the Americas and the (Mis)management of Nature 
Rachel O’Donnell
 
10. Building Food Sovereignty through Ecofeminism in Kenta: From Capitalist to Commoners’ Agricultural Value Chains 
Leigh Brownhill, Wahu M. Kaara and Terisa E. Turner
 
11. Monsanto and the Patenting of Life: Primitive Accumulation in the Twenty-First Century
Jennifer Bonato
 
12. “I Know My Own Body…They Lied”: Race, Knowledge, and Environmental Sexism in Institute, wv and Old Bhopal, India
Reena Shadaan
 
13. Water is Worth More than Gold: Ecofeminism and Gold Mining in the Dominican Republic
Klaire Gain
 
14. Indigenous Andoas Uprising: Defending Territorial Integrity and Autonomy in Peru
Ana Isla
 
15. The “Greening” of Costa Rica: A War Against Subsistence
Ana Isla
 
16. Earth Love: Finding our Way Back Home
Ronnie Joy Leah

Topics: Environment, Climate Change, Feminisms, Ecofeminism, Gendered Power Relations, Patriarchy, Indigenous, Land Grabbing, Land Tenure, Rights, Indigenous Rights, Land Rights Regions: Americas, Caribbean countries, Central America, South America, Asia, South Asia Countries: Costa Rica, Dominican Republic, India, Peru

Year: 2019

Gender and Forest Tenure Reform in Indonesia

Citation:

Siscawati, Mia. 2020. "Gender and Forest Tenure Reform in Indonesia." Working Paper 258, Center for International Forestry Research, Bogor, Indonesia.

Author: Mia Siscawati

Annotation:

This report considers the gender dimensions of forest tenure and forest tenure reform in Indonesia. Data were derived from CIFOR’s research on forest tenure reform in Indonesia at the national and provincial levels, focusing on the provinces of Lampung and Maluku. Additional data were taken from training workshops on gender and community-based forest tenure reform held at these two sites. The study shows that, at the macro scale, the gender dimension of forest tenure reform is marked by the intersection of global efforts toward gender equality and women’s empowerment with the development of equitable and sustainable forest resources through forest tenure reform. At the national level, policies on gender equality and women’s empowerment have contributed to the development of gender mainstreaming policies within the forestry sector. However, national forest tenure reform policies and programs still give little consideration to gender equality and women’s empowerment. The meso scale of provincial and district levels is marked by the implementation of gender-neutral national forest tenure reform policies and programs at landscape level. In Lampung Province, two permits within social forestry schemes, namely hutan kemasyarakatan (HKm or community-managed forests) and hutan tanaman rakyat (HTR, community-based plantation forests), predominate. In contrast, hutan adat (customary forest) is more commonly found in Maluku Province. Local communities in Maluku Province are currently searching for a forest tenure reform scheme that best protects their tenurial rights to forest lands and resources. At the micro scale, the case study of Lampung Province shows that the implementation of forest tenure reform schemes has not significantly changed gender norms. Nevertheless, women’s participation in decision making at household and community level is gradually increasing, albeit in a limited way. Since the implementation of HKm permits, household income from secured forest lands has increased. This rise in income is slowly increasing the likelihood that girls will have higher education. The application of forest tenure scheme(s) at micro scale in Lampung has made women feel safe and secure in managing the land, without fear of intervention by authorities. They are able to manage non-timber forest products and earn cash income to cover living expenses. They also contribute to sustainable forest management, replanting to preserve plants from extinction. In addition, security of tenure rights appears to have led to a decrease in the number of men temporarily migrating in order to look for work or additional cash income. The presence of more adult men in the family has positively contributed to the utilization of the forest land under HKm permits, which has had a positive impact on the land and resources. The case study of Maluku Province shows that the existing tradition of active participation of women in household and community decision making could contribute to the recognition and protection of their rights, and those of other marginal groups, over forest lands and resources.

Topics: Education, Gender, Gender Mainstreaming, Gendered Power Relations, Gender Equality/Inequality, Land Tenure, Governance, Households, Rights, Land Rights Regions: Asia, Southeast Asia Countries: Indonesia

Year: 2020

Reasons of Gender. Gender, Household Composition and Land Restitution Process in Colombia

Citation:

García-Reyes, Paola, and Henrik Wiig. 2020. "Reasons of Gender. Gender, Household Composition and Land Restitution Process in Colombia. Journal of Rural Studies 75: 89-97. 

Authors: Paola García-Reyes, Henrik Wiig

Abstract:

This article analyses the gender context of the land restitution process in Colombia using our own survey data of beneficiaries in Montes de María region on the Atlantic Coast. We find that the fulfilment of legal gender provisions takes place in cultural frames and social structures that could undermine the program's gender distributive potential. As studies on land policies and their gender impacts show, context matters greatly. Our findings confirm main insights of earlier literature with respect to occupation, origin of property and household composition as sources of gender differentiation in Latin America, but advance the agenda in two directions: by showing more nuanced differences between genders, and by highlighting the relevance of household composition in respondents’ decision-making. In particular, it is more likely that women live in one-parent households than men. Furthermore, female respondents expect other family members to work their land, while male respondents intend to work the land themselves. Such differences might have distributional effects so far not sufficiently understood and investigated.

 

Keywords: rural policies, gender, households composition, land restitution, land property

Topics: Gender, Land Tenure, Households, Livelihoods, Post-Conflict Regions: Americas, South America Countries: Colombia

Year: 2020

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