2.5
Land Tenure, Women and Future Suggestions
By Alexandra Weller
The inception of the National Domain Law of 1964 and the decentralisation of the land administration was highly praised for its “innovative and flexible compilations of laws and implementing decrees which provided for a legal framework for local communities to plan and implement community-based natural resource management activities” (Hesseling, 2009, p.244), however, research has identified there has been no significant contribution to an increase in the control, productive and sustainable use of land, security of family and individual tenure, or improvement in Senegalese women’s equal access to land (USAIDE, 2010 & Guenette, 2011). The inequality present in land tenure prevails to the current period, despite the ratification of laws and rules guaranteeing the rights of women to access and control land through the 1996 Code and the 2001 Constitution. The decisions to loan or bequeath land continues to remain in the private sphere of the household, which follows the patriarchal tradition of the male dominance and the land transfer through inheritance continuing to be based on customary rules (Guenette , 2011 & World Bank, 2019). The lack of accessibility for women to land may not be improving as land access is not considered in the constitutional principle of Law on Parity (World Bank, 2019 & Toraasen, 2017). Significantly, the Law on Parity, has not impacted upon the increase female presentation in politics in Baghere, nor the Tanaff Valley (Kaira Looro, 2020), emphasising that women still remain without representation in local land management bodies and rural councils, allowing the rural councils to generally deliberate in the favour of attributing land to men (World Bank, 2019). Furthermore, it is the weak and prolonged capacity of the rural councils to administer and allocate land and natural resources as they are not always capable of responding to rapidly changing conditions, such as demographic pressure, economic activities, and patterns and performance of agricultural production (USAID, 2010). To improve the accessibility and security of obtaining land and the promotion of gender equality in the access and management of land, Table 13 provides an identification of prevailing issues regarding land tenure access for women, whilst providing suggestion on how to improve access and gender equality in relation to land and the implications which may arise. Table 13 Summary of land tenure issues and suggestions to improve equality and access to land Land Tenure Issue Suggestion to Improve Equality Implication & Access Weakened capacity of Strengthen the capacity of This will not necessarily improve Baghere’s Rural Council Baghere’s rural council to provide gender equality, rather provide better allocation of resources and the human resource in dealing protection of the population’s with increased requirements and rights. desires for land. Provide the resources for the rural council to promote women’s access to land to increase productivity and household income.
A male orientated authority may dismiss the rights of women and continue to favour men.
Ensure the local council is familiar with women’s rights to access land. Controlling of inheritances based on Customary Rule
Educate the community on the National Domain Law of 1964, as Customary Law is no longer applicable.
ABPL2077 Humanitarian Construction 2021
Customary Law will likely prevail in rural areas without allowing the community to understand the current laws, processes and entitlements.
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