2.5 Land Tenure, Women and Future Suggestions

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 Baghere’s Rural Council Strengthen the capacity of Baghere’s rural council to provide better allocation of resources and protection of the population’s rights.

Provide the resources for the rural council to promote women’s access to land to increase productivity and household income.

Ensure the local council is familiar with women’s rights to access land. This will not necessarily improve gender equality, rather provide the human resource in dealing with increased requirements and desires for land.

A male orientated authority may dismiss the rights of women and continue to favour men.

Controlling of inheritances based on Customary Rule Educate the community on the National Domain Law of 1964, as Customary Law is no longer applicable. Customary Law will likely prevail in rural areas without allowing the community to understand the current laws, processes and entitlements.

Patriarchal tradition of the male dominance Implement the rights of women and youth to land through normalising the access based on the Rural Council and Village Chiefs power to grant and allocate use rights.

Allow the transfer of land rights to the female inheritor, rather than dismissing her for the male. In addition, allow the women of the household to be involved in the legal administration and decisionmaking, rather than it being the husband. This will require a change in social norms, behaviour and attitude to women inheriting land.

Allow women to not face the social restrictions which require them to become dependent on men.

Defining of ‘productive use’ Educate the local authorities in a broader view of what productive use could entail, as it does not entail producing physical goods.

Establish local policy on the definition of productive use to ensure fair application of definitions and conditions, as this is not defined by law.

Establish modes of enforcement which monitor the local authorities conditioning in relation to female held land.

Lack of knowledge and understanding of land rights and access to land Provide education workshops and seminars to the community at the Women’s Centre to inform women of the Land Tenure system and governing laws in Senegal, to allow for the understanding of their rights and process required to obtain land.

Ensure the local authority acknowledges the 2001 Constitution which reinforces the equal rights between men and women for access to land.

Educate the males in the community to reduce the misconception and taboo of women holding and having the right to access land. A complete understanding may not be achieved.

Women may not have the financial resources to acquire the real rights to land through the State.

Preconceived male perception on women having rights to land may prevail and restrict access to land.

With continued male presence in the Rural Council and predominant figure of the Village Chief, the involvement of women into decision-making roles is needed to give an unbiased and fair allocation and access to land, without the women’s involvement, it is likely access will continue to be granted to males only.

May increase conflict with a family home resulting in genderbased violence.

Corruption of local authorities which enable the withdrawal of land based on their own perception of activity and benefit to the community.

The sale of land is prohibited The allowance of the sale of land enables women the opportunity to have greater access to land based on their own savings and personal income. By allowing the sale of land it provides economic stimulation whilst providing women security.

The lease of land is prohibited The allowance of leases of land offers opportunity for women to gain the access to land and its natural resources to utilise as an income and provide financial security whilst contributing to economic development.

Land-grabbing Educate the local authority on landgrabbing and the consequence it has on the livelihoods of those who land has been taken.

Land dispute and conflict Provide restriction on how the local authority defines productive use and create an evaluation system to ensure fair withdrawal of land from occupant.

Recognise the women’s right to access land under the Constitution.

Created by Alexandra Weller, (2021).

The sale of land could enable discrimination against female buyers by favouring male buyers.

Women may not have access to funds required to buy land as only 36% of women are in the labour market.

The lease of land could enable discrimination against females looking to make productive use of land by favouring males.

The allowance of land-grabbing entails the displacement of individuals and their families. However, without educating and acknowledging the risks, it will continue to occur in the rural environment.

Bias of the local authority containing only men will likely continue to create conflict and hardship for women trying to access land and land security.