Land Tenure

Citation:

Gómez Mendoza, María Juliana, and Luisa Paola Sanabria Torres. 2020. "Las mujeres rurales y su derecho a la tierra: retos de la política pública en Colombia." Trabajo Social 22 (1): 85-104.

Authors: María Juliana Gómez Mendoza, Luisa Paola Sanabria Torres

Abstract:

Keywords: derecho a la tierra, discriminación, enfoque de género, política pública, tierra, discrimination, gender mainstreaming, land, public policy, right to land, women

Topics: Gender, Women, Gender Mainstreaming, Land Tenure, Governance, Political Participation, Rights, Land Rights, Property Rights, Women's Rights Regions: Americas, South America Countries: Colombia

Year: 2020

Citation:

Jacobs, Susie. 1998. "Past Wrongs and Gender Rights: Issues and Conflicts in South Africa's Land Reform." European Journal of Development Research 10 (2): 70-87.

Author: Susie Jacobs

Abstract:

South Africa's agrarian situation presents a range of daunting issues, including extreme rural poverty & a government hindered by severe financial constraints. At the same time, the country's attempts to incorporate gender issues into land reform are virtually unique. Discussed here are several major issues confronting the present pilot programs operating in 9 provinces & any future reform: demand for land; demand for services; the issue of "the household"; traditional authorities; forms of land tenure; & the nature of public participation. It is stressed that all of these are gender issues, as is the extent of conflict raised through overt discussion of gender processes. None of these questions has a straightforward answer, but their consideration is likely to raise additional questions.

Topics: Agriculture, Economies, Poverty, Gender, Gender Analysis, Land Tenure, Households, Political Participation, Rights, Land Rights Regions: Africa, Southern Africa Countries: South Africa

Year: 1998

Citation:

Verma, Ritu. 2007. Without Land You Are Nobody': Critical Dimensions of Women‟s Access to Land and Relations in Tenure in East Africa. International Development Research Centre. 

Author: Ritu Verma

Annotation:

Topics: Caste, Gender, Gendered Discourses, Gendered Power Relations, Patriarchy, Land Tenure, Livelihoods, Post-Conflict, Political Participation, Rights, Land Rights Regions: Africa, Central Africa, East Africa Countries: Ethiopia, Kenya, Rwanda, Uganda

Year: 2007

Citation:

Kimkung, Pamela and Cristina Espinosa. 2012. "The Gender Dimensions of Violence and Conflict: The Case of Inter-Ethnic Land Conflict in Mt. Elgon, Kenya." International Journal of Development and Conflict 2 (3): 1-16.

Authors: Pamela Kimkung, Cristina Espinosa

Abstract:

The violence displayed during the inter-ethnic land conflicts in Mount Elgon–which started in 2005 and escalated in the midst of the nation-wide 2007 Post Election Violence–reveals not only the limits of post-colonial states to reverse the colonial expropriation of land that destroyed indigenous land tenure systems and accentuated inter-ethnic conflicts; it reveals the gender dimensions of the conflict, where men and women were differently affected before, during, and after the conflict. While gender and sexual based violence (GSBV) was not restricted to women there were important differences that confirms the subordinated status of women and the heavier cost they had to pay. While men were also subjected to GSBV in the form of torture and/or castration it was mostly some young men who were targeted for this abuse. By contrast, women raped and sexually abused ranged from little girls to old women, since women of all age were targeted for GSBV; while men experienced GSBV only during the conflict as inflicted either by enemies or the army, women experienced GSBV before, during, and after the conflict. Not only did they experience it from the militia, the army or the camp's guards but also from their own husbands in the form of domestic sexual violence; women also carried the stigma of rape and abuse forever after the episodes. While SGBV seriously challenged the masculinity of those individual men affected, it did not challenged the patriarchal hierarchies that keep women and girls subordinated, unable to find a nurturing environment to heal their wounds after the conflict. On the contrary, after the GSBV and abuse, women faced stigma and isolation and severe health issues in a context of social disruption of family, kin, and clan structures. The different ways men and women were affected by the conflict has severe implications for the post-conflict interventions which being gender-blind, have not been gender neutral, reinforcing female subordination and trauma among the survivors of the conflict. Some reflections on how to make post-conflict interventions more gender-sensitive are also presented.

Keywords: gender and sexual based violence, gender and post-conflict interventions, inter-ethnic land conflict and gender

Topics: Armed Conflict, Ethnic/Communal Wars, Coloniality/Post-Coloniality, Conflict, Gender, Masculinity/ies, Gender-Based Violence, Gendered Power Relations, Patriarchy, Land Tenure, Post-Conflict, Rights, Land Rights, Sexual Violence, Rape, Sexual Exploitation and Abuse, Torture Regions: Africa, East Africa Countries: Kenya

Year: 2012

Citation:

Martínez, Elisenda Calvet. 2017. "Women’s Right to Land in Post-Conflict Situations: an Opportunity to Overcome Discriminatory Laws and a Tool for Transformative Justice." Paper presented at 5th European Conference on Gender and Politics, Lausanne, June 8-10.

Author: Elisenda Calvet Martínez

Abstract:

The restitution of land in post-conflict situations has been object of increasing interest in the past years due to the importance of safeguarding the right of refugees and displaced persons to return to their homes and places of residence in safe and dignified conditions, with the aim to achieve a just and lasting peace. In situations of post-conflict, women become widowed or heads of household; however, local laws and customs do not recognize them inheritance rights or allow them to own property, which leads to discrimination and it also deprives them of their means of subsistence and of sustenance for their family.

Practice shows that despite adopting gender-sensitive peace agreements and new laws to provide for equal rights for women and men, women’s access to land is still restricted because discriminatory local laws continue to apply and it is very difficult to change traditions, leading to the perpetuation of gender discrimination. Therefore, I argue that addressing women’s right to land in post-conflict situations offers an opportunity to overcome discriminatory laws and build a restitution program upon a more equitable system of property ownership. In this sense, the Pinheiro Principles (UN Sub-Commission on Human Rights, 2005) provide that States should ensure that housing, land and property restitution programs, policies and practices recognize the joint ownership rights of both male and female heads of the household as an explicit component of the restitution process, and that restitution programs, policies and practices reflect a gender-sensitive approach. Moreover, securing women’s land tenure in a post-conflict context may constitute a tool for transformative justice, understood as a process that challenges the inequalities and community structures and looks to integrate both personal and social transformation, which goes beyond restorative justice.

Keywords: conflict resolution, Gender, human rights, social justice, transitional states, women, peace

Topics: Gender, Women, Gendered Power Relations, Gender Equality/Inequality, Land Tenure, Households, Justice, Transitional Justice, Post-Conflict, Peace Processes, Rights, Human Rights, Land Rights, Women's Rights

Year: 2017

Citation:

Cain, Allan. 2019. "Women’s Tenure Rights and Land Reform in Angola." Paper prepared for 2019 World Bank Conference on Land and Poverty, Washington D.C., March 25-29. 

Author: Allan Cain

Abstract:

Current Angolan municipalisation reforms present a unique opportunity to affect local practice on how community and individual land-holder tenure is administered and to protect women's equitable rights to land. Angola is a post-war country, with weak land tenure legislation and limited local government management capacity. Customary traditions are practiced in the various regions a of the country do not respect women’s rights of ownership and inheritance. More than 62 percent of the population live in informal settlements with insecure land tenure under the threat of forced evictions. Families living in poor communities affected by the expansion of cities and towns are particularly vulnerable. Of these, families lead by women are the most at risk. Securing rights to land and housing assets are important to livelihoods of women headed households by permitting access to financing that they require to grow their enterprises as well as for incrementally upgrading their housing.

Keywords: women, Gender, tenure, land reform, customary, human rights

Topics: Economies, Poverty, Gender, Women, Land Tenure, Households, Post-Conflict, Rights, Land Rights Regions: Africa, Southern Africa Countries: Angola

Year: 2019

Citation:

Uwayezu, Ernest and John Mugisha. 2018. "Decoding Gender Justice in Land Conflicts Resolution in Rwanda." African Journal of Land Policy and Geospatial Sciences 1 (1): 1-20.

Authors: Ernest Uwayezu, John Mugisha

Abstract:

ENGLISH ABSTRACT:
Rwanda has implemented a land tenure regularization program since 2008 that enabled the adjudication and registration of land rights for both men and women. However, Rwandan women are vulnerable to land conflicts because some men do not recognize or respect women’s rights in land. This study investigates the extent to which government institutions in Rwanda empower women in claiming and defending their land rights. Data sources include questionnaire survey, interviews, and the review of literature on land reform in Rwanda. Findings reveal that Rwandan women preferably lodge their land claims to local authorities or mediation committees because the process of land conflict resolution is fair, free of charge and faster. However, the most used land conflict resolution mechanisms cannot enforce its decisions when some men are against those decisions. There is a need to think of mechanisms to enforce those decisions.

FRENCH ABSTRACT:
Depuis l’an 2008, le Rwanda a lancé un programme de régularisation du system foncier ayant permis l'adjudication et l'enregistrement des droits fonciers pour les hommes et les femmes. Cependant, les femmes rwandaises sont vulnérables aux conflits fonciers parce que leurs droits fonciers ne sont ni reconnus, ni respectés par certains hommes. Cette étude explore comment les institutions gouvernementales au Rwanda appuient des femmes pour revendiquer leurs droits fonciers à travers le processus de résolution des conflits fonciers. L’étude se fonde sur des enquêtes par questionnaire, des entretiens et de la revue de la littérature sur le sujet. Elle révèle que les femmes rwandaises soumettent leurs plaintes auprès des autorités locales et des comités de médiation qui règlent ces plaintes d’une de façon juste, rapide et gratuitement. Comme ces autorités n’imposent pas leurs décisions, il faudrait instituer des mécanismes d’appliquer ces décisions quand certains hommes en sont contre.

Keywords: women's land rights, conflict resolution, mediation, Rwanda, droits fonciers des femmes, résolution des conflits

Topics: Conflict, Resource Conflict, Gender, Land Tenure, Governance, Rights, Land Rights, Women's Rights Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2018

Citation:

Bayisenge, Jeannette. 2015. "Women’s Experiences of Land Conflicts in the Context of the Land Tenure Reform Program in Rwanda." International Journal of Gender and Women's Studies 3 (1): 118-33.

Author: Jeannette Bayisenge

Abstract:

Land is a highly important and contested resource in developing countries, and despite measures taken to ensure gender equality in land-ownership, women experience more land-related conflicts than men. The purpose of this paper is to explore women's experiences of land-related conflicts in the context of the Land Tenure Reform Program in Rwanda. Theoretically, a bargaining approach to land conflicts guides the understanding of the findings and their analysis. Empirical data are mainly collected from 480 women in the Musanze District, using survey interviews, semi-structured interviews and Focus Group Discussions. Findings indicate that only a small number of women reported having encountered land conflicts, which may be related to the culture of not exposing family issues to the public. Land conflicts that women face are mostly related to inheritance, polygamy and the daily management of land and its produce. Women reported that challenges such as lack of legal knowledge, as well as rejection of their claims by their husbands, families and community affect their willingness to pursue claims for their rights. The challenges that women are confronted with while claiming their rights are mainly influenced by the power structure that are based on male supremacy. Consequently, reforms aiming at strengthening women's land rights must be based on a good understanding of social and cultural norms

Keywords: women, land conflicts, land tenure reform, Rwanda

Topics: Conflict, Resource Conflict, Gender, Women, Gendered Power Relations, Patriarchy, Gender Equality/Inequality, Land Tenure, Households, Rights, Land Rights Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2015

Citation:

Uwayezu, Ernest, and Theodomir Mugiraneza. 2011. "Land Policy Reform in Rwanda and Land Tenure Security for all Citizens: Provision and Recognition of Women’s Rights over Land." Paper presented at FIG Working Week, Bridging the Gap between Cultures, Marrakech, May 18-22.  

Authors: Ernest Uwayezu, Theodomir Mugiraneza

Keywords: rights to land, female orphans, land reform policy, land law, inheritance law, land tenure security

Annotation:

Topics: Gender, Women, Land Tenure, Land Grabbing, Rights, Land Rights Regions: Africa, Central Africa, East Africa Countries: Rwanda

Year: 2011

Citation:

Muchomba, Felix M. 2017. “Women's Land Tenure Security and Household Human Capital: Evidence from Ethiopia's Land Certification.” World Development 98: 310-24.

Author: Felix M. Muchomba

Abstract:

This article examines the impact of Ethiopia’s gendered land certification programs on household consumption of healthcare, food, education, and clothing. Ethiopia embarked on a land tenure reform program in 1998, after years of communism during which all land was nationalized. The reform began in Tigray region where land certificates were issued to household heads, who were primarily male. In a second phase carried out in 2003–2005, three other regions issued land certificates jointly to household heads and spouses, presenting variation in land tenure security by gender. Results using household panel data show that joint land certification to spouses was accompanied by increased household consumption of healthcare and homegrown food and decreased education expenditure, compared to household-head land certification. Joint land certification was also accompanied by increased consumption of women’s and girls’ clothing, and decreased men’s clothing expenditures indicating results may be explained by a shift in the gender balance of power within households. Analysis on the incidence and duration of illness indicates that increased healthcare expenditures after joint land certification may be due to joint certification households seeking more effective treatment than head-only certification households for household members who fell ill or suffered injuries.

Keywords: land reform, Gender, bargaining power, intrahousehold resource allocation, Ethiopia

Annotation:

Summary:
This article examines the impact of Ethiopia’s gendered land certification programs on household consumption of healthcare, food, education, and clothing. Ethiopia embarked on a land tenure reform program in 1998, after years of communism during which all land was nationalized. The reform began in Tigray region where land certificates were issued to household heads, who were primarily male. In a second phase carried out in 2003–2005, three other regions issued land certificates jointly to household heads and spouses, presenting variation in land tenure security by gender. Results using household panel data show that joint land certification to spouses was accompanied by increased household consumption of healthcare and homegrown food and decreased education expenditure, compared to household-head land certification. Joint land certification was also accompanied by increased consumption of women’s and girls’ clothing, and decreased men’s clothing expenditures indicating results may be explained by a shift in the gender balance of power within households. Analysis on the incidence and duration of illness indicates that increased healthcare expenditures after joint land certification may be due to joint certification households seeking more effective treatment than head-only certification households for household members who fell ill or suffered injuries.

Topics: Education, Gender, Land Tenure, Health, Households, Rights, Land Rights Regions: Africa, East Africa Countries: Ethiopia

Year: 2017