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Advancing Gendered
and Women’s Land
Tenure Rights in Central
and West Africa
World Bank, 16th Annual Land and Poverty ConferenceMars 2015
Authors: Solange Bandiaky-Badji, Cecile Ndjebet, Julie
T.B. Weah, and Patience Fielding
The Case for Liberia and
Cameroon
2
Ongoing Land reforms: Liberia: creation of Land Commission in 2009; adoption of the Land Rights
Policy in May 2013; Land Rights Act soon to be enacted Cameroon: started in 2011; draft law to be adopted by Parliament in March
2015! Women face particular challenges in advancing and securing their rights to
land in national reform processes
Women organizing for change: Foundation for Community Initiative (FCI) and women’s platforms in
counties (Liberia) The African Women’s Network for Community Management of Forests
(REFACOF-Cameroon)
Introduction
3
Methodology
Gender analysis of statutory and customary land laws in Liberia and Cameroon
Lessons learned
Recommendations to stimulate immediate actions and further debate on women’s rights in land reform processes
Outline
4
Liberia Gather information on the views and perception of key
stakeholders in the sector as well as of women in several counties on gaps, challenges, and proposals
Cameroon Field research and dialogues with Traditional Chiefs on
customary regimes in the Eastern, Central, Northern, and Southwestern regions of Cameroon
Gender analysis of existing land laws and policies Dialogues with government officials, parliamentarians,
legislators, paramount chiefs, traditional chiefs
Methodology
5Liberia: policy gains in advancing women’s land rights
1986 Liberian Constitution “Every person shall have the right to own property alone as well as in association with
others.” Article 22 (a) Provides the basis for the application in court of both customary and statutory laws ;
sets the legal framework for the application in the courts of customary land issues that affect most rural people including women.
Laws and policies intended to advance equality for women and men in property acquisition and land
The Domestic Relations and Inheritance Act of 1998 specifically highlights equal rights in marriage and inheritance under Customary and Statutory Laws
The 2003 Act to Govern the Devolution of Estates and Establish Rights of Inheritance for spouses of Statutory and Customary Marriages also called the Equal Rights of the Customary Marriage Law of 1998
The Land Rights Policy : “equal protection to the land rights of men and women”
Liberia is signatory to several regional and international treaties, conventions and initiatives that strive to protect and promote the rights of women
6Liberia: shortcomings in the legal framework
Despite the provision found in the Constitution Article 22, women in rural parts of the country are sill the victims of
discriminatory practices in terms of access and ownership of land. Article 24 indicates that the state guarantees the inviolability of property
rights but then authorizes expropriation of property during armed conflicts and for the public good and safety.
Although the Land Rights Policy is progressive: It does not provide any safeguards for the protection of women’s tenure
rights The language acknowledges user rights for women but no control or
ownership rights. In spite of the legal provisions that allow women to own land and participate in society’s socio-economic life, women are still far from fully benefiting from these legal provisions.
7Cameroon: gender neutral and silent land laws
The national gender policy (2011): “The systematic elimination of inequality between men and women at all levels”
However, it does not address customary barriers to gender equity directly, nor does it address the existing inconsistencies among land, forest and other laws affecting natural resources
The Land Law of 1974 (Ordinance n.74-1 of July 6, 1974, establishing the tenure regime)
Limited to articulating and guaranteeing property rights in a generic manner, without considering the characteristics of different social classes, particularly the situation of women
Decree on Land Titling (Decree n.76-165 of April 27, 1976, establishing the conditions for obtaining property title)
Limited to recognizing that anyone who occupies or farms a piece of land that is part of the national domain has the right to seek a land title
Very general, without raising any specific questions with regard to gender: women have usufruct rights but no control over land.
8Liberia: Women’s land and property rights in customary laws
Women access land through a male figure whether a husband, brother or uncle
Prior to 2003, an Indigenous woman had no rights over her husband’s property when he died
The Inheritance Law of 2003: equal property rights to women who are married under customary law, adequate protection to surviving spouses of such marriage
The 2003 amendment ends the difference in the enjoyment of property rights for women who are married under statutory and those under customary law
9Liberia: Women in customary regimesScaling the Fence or Breaking Barriers
A close reading of the Inheritance Law of 2003 indicates that:
Widowed women are still not granted full inheritance rights in Liberia
The language of the law is still very weak and does not guarantee full protection for women claiming inheritance rights under customary law
Progress has been made mainly in inheritance legislation but not in land legislation, which does not go far enough in finding remedies to the issues around the rights of men and women in land ownership
10Cameroon: women in collective customary tenure regimes
Land is something to be collectively owned; private property does not exist in the community, whether it is a question of men or women
Land is not individual property; it should rather be considered in relation to its differing uses and means of access (sex, age, social class, profession, etc.)
Inheritance offers access and ownership to land: patrilineal (few exceptions)
Access to land for women is precarious because it depends on her marital status. The customary right to land access can be revoked the second a woman marries, divorces, or loses her spouse
11Lessons Learned from LiberiaSecuring women’s land and property rights require decisive actions and targeted interventions
Men and women are afforded the same rights under the Constitution and statutory land laws, but in practice there are gendered differences
In communities guided primarily by customary law, women struggle to enjoy the rights granted to them
Bridging the disparities between men and women in Liberian society requires much more than the half-hearted changes that have been made in law and policy
The government has made some level of progress in developing the required legal and policy framework to address some of the inequalities faced by women
However, the challenges women face and their overall situation requires more than the subtle changes that have been made.
The underlying issues are much more complicated, requiring decisive actions and targeted interventions
12
Lessons Learned from CameroonA platform for dialogue between women and traditional chiefs
Customary rules are poorly understood and are consequently poorly interpreted and applied
Customary arrangements for land management allow women to access land, but through unreliable means that are dependent on their marital status
In rural areas where customs hold a strong influence over land management:
Engage women and traditional leaders in a dialogue on particular issues
Encourage collaboration between women and traditional leaders to enhance the status of women within customary arrangements
13CONCLUSION
All Constitutions in Africa, like those for Liberia and Cameroon, have the clause of Equal Protection, but the clause does not guarantee equal protection or equal rights
Changes in law are not enough to ensure gender equality or address inequality between women and men
Mandatory equal representation of men and women on decision-making bodies may not totally address the problem of the marginalization of women
14Additional measures are necessary to fully realize gender equity and women’s land and property rights
1. Initiate national dialogue to brainstorm and agree on ways forward
2. Build the capacity of NGOs working on gender and women’s issues
3. Democratize local decision-making to address the exclusion of women and facilitate change in the power dynamics between men and women
4. Build alliances and networks to tackle the issues of women’s exclusion and marginalization – these are relational and structural
5. Expand the livelihood options available to women and enable them to have greater control over their lives
15Thank you!