COHRE Women & Land Reform Africa

WOMEN’S LAND LINK AFRICA (WLLA)

2010

Making Land Reform Work for Women in Africa Elements You Must Know

Making Land Reform Work for Women in Africa

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Table of Contents Chapter 1

2

Page

WHY THIS HANDBOOK?

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1.1 1.2 1.3 1.4

3 5 11 12

Introduction Nature of Land Rights in Africa Land Rights Are Human Rights What Are Some Examples of Land Rights?

UNDERSTANDING LAND GOVERNANCE IN AFRICA

16

2.1 2.2

16

What is Land Governance?

Main Land Governance Systems in Africa and Their Impact on Women

3 WOMEN AND LAND REFORM IN AFRICA 3.1 3.2

What Is Land Reform?

Common Problems Experienced by Women in the Context of Land Reform

4 UPHOLDING WOMEN’S RIGHTS IN LAND REFORM 4.1 4.2 4.3 5

Why It is Important to Mainstream Gender in Land Reform?

How Can Land Reform Processes Benefit Women in Africa?

Gender Sensitive Land Reform and its Implementation

RECOMMENDATIONS

Glossary

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WHY THIS HANDBOOK?

1.1

INTRODUCTION

2010

All over Africa, there are concerns about women’s land rights. Women are the main producers of food to meet household needs and generate income for the family, yet they frequently find limitations on the land rights they are able to secure.

Women are often not part of decision making related to land; they do not have the requisite resources to acquire the land they desire, and there are also challenges in documenting and registering what they are able to acquire.

This situation often arises due to the fact that most of the land systems in Africa are administered and managed under traditional institutions which are predominantly patriarchal, and so the interest of men are well represented, but not those of women.

The formal systems of land administration are also influenced by the same patriarchal societal arrangements, and so are mostly run by men whose cultural background discriminates against women. As a result, invisible barriers exist for women when it comes to official documentation and registration of rights and interests in land. This has resulted in the limited protection and security of the land rights of women.

Sometimes women themselves have accepted the situation as normal. Thus both men and women in society have perpetuated the stereotyping of limited land rights for women.

Equitable access to land and natural resources, and the security of the rights obtained are however central to development and poverty reduction. Land is one of the basic assets that poor rural women and men have. It provides the basis for income and livelihood, and is the basis for social relations as well.

In addition to being an important economic asset, land also contributes to the identity, dignity and social inclusion of the individual rights holder. A secured interest in land is therefore important for ensuring the enjoyment of fundamental human rights, particularly, the right to adequate standard of living which includes access to water, food and housing.

It is therefore very unfortunate that, in many parts of Africa, the security of land tenure has remained problematic. Many land users, especially in the rural parts of Africa, have unsecured land rights as they are increasingly becoming vulnerable to losing their land rights more easily due to large scale acquisition by investors. Other factors which have increased the vulnerability of poor rural land users include the absence of documentation of the type of land rights they have, the strong cultural perceptions that influence

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customary land administration and the lack of knowledge of existing mechanisms for protecting, promoting and fulfilling land rights.

Generally speaking, both men and women in Africa, especially those in the rural areas, experience difficulty in enhancing their security of land tenure and protecting their land rights. However, experience shows that the situation of women is worse in comparative terms.

To correct this imbalance, both men and women at the traditional level as well as the formal state level need to understand the barriers to women’s land rights and ways to protect women’s rights, especially under land reform processes.

This handbook, ‘Making Land Reform Work for Women in Africa ‐ Elements You Must Know,’ is designed for grassroots women and their advocates to understand women’s land rights and ways to protect those rights. It is also to help men understand how they can contribute to realizing and protecting women’s land rights.

It is hoped that you will find this handbook useful in understanding the status of women’s land rights in Africa, the effects of such a situation and be encouraged to support the course of fighting for women’s land rights.

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1.2 NATURE OF LAND GOVERNANCE AND LAND RIGHTS IN AFRICA Land Rights are the powers and freedoms that one has over a parcel of land. Land rights situation in most of parts of Africa is greatly influenced by customs and traditions.

Land ownership has remained largely communal or collective, with social groups organized around various parcels of land. The community or social group collectively owns the land with an appointed head of the group who acts as a trustee for administering the land.

Individual members of the landowning group have the right to acquire the user right for various portions of the land. The arrangement by which members of the larger group can acquire portions of the land is determined by the existing customary or traditional practices. In many societies in Africa, there are customary beliefs and practices which influence the expected roles of men and women. Most of these customs and beliefs make the men the primary owners of land and natural resources and women have to depend on the male members of the society for accessing, using and benefiting from land and natural resources.

The nature of land rights obtained by women in Africa are however, very important, just as much as those of men. It is important for women to be able to have rights that can allow them to make decisions on the land they have and exercise absolute control over the land they use.

Unfortunately, because of the strong influence of culture in land administration and the existence of strong cultural practices that are biased against women, many women in Africa occupy smaller parcels of land and at the same time exercise less or no control at all on the land, except the right to use the land for purposes determined by the owner of the land.

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Most women in Africa occupy land under some of the following conditions:

Tilling the land for years, but having no papers to show ownership or any formal rights over the land

Communal land remains in the possession of the powerful people, who are mostly men in the society

Common experiences of African women regarding their land rights

Some women who have documentation of ownership of land do not know where the land actually is

Formal registration of land is an expensive and long process

This situation is perpetuated by the fact that land systems in most parts of Africa are highly influenced by traditions and customs which discriminate against women. In general, women are not part of decision making on land.

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Under the current situation where men are recognized by custom as the sole participants in decision making in land, women have remained less informed about the nature of land rights and land rights protection and so are not empowered to take the necessary steps to protect their land and property rights.

Many people think of land only in terms of the physical surface of the ground we walk and so when we talk about land, they think about the full surface of the ground that one has for use.

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LAND IS MORE THAN THE PHYSICAL SURFACE OF THE EARTH AND SO LAND RIGHTS GO BEYOND HAVING THE SURFACE TO USE: It is true that the surface of the ground is land. However from a human rights perspective, the correct understanding of land includes the surface of the ground and also the NATURE of rights one has over the land. This means that when one says she/he has land, what is of interest is ownership of particular types of rights to possess, to occupy and use the land in accordance with one’s desires.

As far as rights and interests in land are concerned, there are differences in the nature and extent of power one can exercise. Some of the rights are of higher value than others. For example, there is the what is called the Allodial Interest which is supreme and highest interest; there is another interest called the Freehold Interest; the Leasehold interest, subleases, annual tenancy, rent arrangement, license, sharecropping as well as secondary rights which could be derived from any of the above. The nature of rights guaranteed by each of these interests is different. One who has a freehold interest enjoys the use of the land for a longer period and exercises higher authority over the land than someone who has leasehold. In the same way, one who has leasehold has a more guaranteed and secured tenure compared to one who has sharecropping. In other words, the nature of interest acquired determines which level of rights one can exercise over a particular land. In some cases, especially for women, the nature of interest they are given do not allow them to exercise any of the above mentioned rights and this exist in most parts of Africa.

Two people can own the same size of the surface of the ground, but one might have the right to use the land for a longer period, say ten years, and another may have the right to use for twenty years. One may have the right to decide what to do on the land, but the other may have to use the land according to what is allowed by someone else. They both own land, but they have different rights. The rights are different in value and in the extent to which the land can be used as well as the type of activity allowed, though the surface of the ground is of the same size.

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The land rights of both men and women’s rights to land should be respected accordingly to enable them fulfill their fundamental human rights.

THERE ARE DIFFERENT TYPES OF RIGHTS IN LAND ‐‐ SOME ARE HIGHER OTHERS ARE LOWER. The differences come about because of the kind of power and authority one has on the physical surface. It is very important that in the discussion on land and land rights, land is understood not only in terms of the physical surface of the ground, but more importantly in terms of the kind of rights and interests in the physical surface of the ground.

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WHY IT IS IMPORTANT TO UNDERSTAND THE DIFFERENCES IN NATURE OF LAND RIGHTS?

Because there are statutory and socio�cultural systems that determine or influence when rights are recognized for people.

In many cases, because of the perception that women are weaker, their land rights less recognized than are those of men, meaning that women have fewer powers and less control over land.

When a woman understands the nature of right given over a parcel of land, and the system that makes that arrangement possible, she can demand more and fight against a situation which discriminates against her.

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LAND RIGHTS ARE HUMAN RIGHTS

Human rights are basic guarantees that people in all countries and cultures have. Human rights say how all people should be treated by their governments, by their communities and by one another. All persons should be able to enjoy their human rights no matter where they live or who they are.

The rights of men, women and children are very important. It is therefore important that governments, communities and individuals uphold, protect and ensure that all enjoy human rights. None of the rights holders is above the other. All are entitled to these rights.

Some examples of human rights include: • • • • • • •

The right to adequate housing The right to non‐discrimination and to equality between women and men The right to an adequate standard of living The right to have enough nutritious food to eat The right to have good water to drink The right to move around as one wants, and The right to health care as and when needed.

Enjoyment of these and other human rights is linked to land and property rights. The better and secured one’s land and property rights are, the greater the chances of fulfilling the human rights and so land rights are the basis for the enjoyment of human rights It is important to notice that women’s land and property rights are equally recognized as human rights. International human rights standards recognize women’s land rights and emphasize the need to ensure that both men and women have equal rights including the rights in land and property.

Some of Examples of International Human Rights Framework o The Universal Declaration of Human Rights (UDHR) This Declaration is committed to ensuring that all national governments commit themselves and their people to measures to secure the universal and effective recognition and observance of the human rights, including the right to property, set out in the Declaration.

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o The International Covenant on Economic Social and Cultural Rights (ICESCR) In essence, this Covenant recognizes that all the people in their country are entitled to living in dignity and security, including adequate housing. o Convention On The Elimination Of All Forms Of Discrimination Against Women (CEDAW) The Convention's underlying philosophy is that discrimination against women is incompatible with human dignity and constitutes an obstacle to the full realization of the potentialities of women; therefore, the right of women to have improved conditions of life must be promoted and protected. o African Charter on Human and Peoples’ Rights The African Charter is one of the African Human Rights protects individual and collective rights. These include the rights to equal access to land, property and housing.

1.4

EXAMPLES OF LAND RIGHTS

Land Rights are the powers and freedoms that one has over a parcel of land. Land Rights differ in terms of the extent of power it confers. Different kinds of ownership of an interest in land confer different levels and extent of rights.

Generally, the rights that constitute ownership in land are: 1.

2.

3.

4.

5.

6.

7.

The right to possess and use To sell To devise To lease To mortgage To subdivide To grant easements

The totality of these rights make one an absolute owner of land. These bundles of rights can be separated and be held by different people at the same time.

One can therefore acquire an interest in a piece of land with all these rights, or with only some of them.

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Evidence of ownership of land lies in the ability of both the buyer and the seller to clearly explain what rights and interests in the land have changed hands; which includes among other things, the number of years for use of the land and the rights and powers conferred to the user to use the land without any interference or interruption. Whether such terms are explained in writing or not, the ability to defend these terms and rights when challenged and the opportunity to use the rights over the land without disturbance is what security of land tenure is all about.

Land tenure therefore implies the conditions under which land is held. Simply put, it is the fact that other people believe and respects the fact that the land one occupies and uses is the land that she/he is allowed to live on and use. Secure tenure in land is achieved if a persons’ interest in land can be successfully defended when challenged. This includes protection against risks, particularly forced eviction, and not living in fear or threat of having claims of ownership denied.

Land tenure security has been described as the situation in which landholders consider their continued occupancy rights to be guaranteed whether by virtue of formal rights, which is normally referred to as Title Deeds; and customary rules or some other form of assurance. Land tenure insecurity on the other hand is a situation where rights are considered precarious, due to the risk of dispossession by the action of others or the state.

It is easier to protect such rights in land when they are put in writing.

When one’s tenure on the land is secured, it implies human rights regarding land and property are guaranteed.

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Both men and women are entitled to secured land tenure as their human right. It is every individual’s right to occupy and use land and property that she/he has duly acquired, without any interference. Both women and men can have the same level of rights in land and be able to use it for all purposes including for housing and farming.

It is important to ensure that this is achieved.

It is important for women to have equal rights to land and property as men do. Women’s land right is important for the women themselves, for their family and for their community.

When a woman has guaranteed land rights, it is a means of providing both financial and material support to her family and her community. Women’s land right is guaranteed under international human rights standards, most of which have been adopted by African governments and written into national laws. This means that community leaders in Africa need to respect and apply the international standards One way of ensuring women’s land rights concerns are addressed is to have women included in the decision making on all matters related to land.

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Any arrangement for land governance that gives women a better opportunity to have equal land rights as men do is a better arrangement for the society as a whole, since women’s land rights are important for the women themselves, their families and their communities. When women are part of the decision making, it will help everyone.

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UNDERSTANDING LAND GOVERNANCE IN AFRICA

2.1

WHAT IS LAND GOVERNANCE?

2010

Land governance is the political and administrative structures and processes through which decisions concerning access to and use of land and its resources are made and implemented. It also includes the manner in which conflicts over land are resolved.

So, land governance is about: 9 9 9 9 9 9 9

who is responsible for taking decisions on the land; what is the process for taking those decisions; who else is involved; what decisions are made on the land; who benefits from the decisions; how are disagreements managed; and, what is the relative position of women and men in the participation and benefits that come from the decisions?

In traditional African societies land is viewed as a fundamental element of economic livelihood, as well as social and cultural identity. The extent of land occupied by any society is a sign of power and authority.

Land is seen as having some spiritual value because territories were conquered and preserved by ancestors.

The desire to preserve and consolidate political power over the land has long been the basis for systems of land governance in Africa. As such, the authority to decide access and use of land has mainly been in the hands of custodians of the African tradition and culture.

2.2

MAIN LAND GOVERNANCE SYSTEMS IN AFRICA AND THEIR IMPACT ON WOMEN

In many African countries, like Uganda, Zambia, Ghana and Kenya, land is held in trust for the people by traditional leaders who also have the additional responsibility of overseeing the distribution of land.

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Tribe leaders, Chiefs, Heads of Families and Clans are examples of traditional leaders who govern land.

Because of the strong link between the traditional African tradition, culture and land, there is a strong influence of men in land governance. Most often, men are the decision makers on matters related to land, and they are the ones who are given land.

The government also plays a role in the registration of individual rights and interests in the land and also determines what they can use the land for, especially in the urban areas where there are a lot of houses. Government operates through land agencies that are set up to perform various functions.

The work of the government agencies are also influenced by the society’s gender roles and culture.

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Therefore the traditional leaders of particular communities play a major role in administering land and determining the land rights of people. While the government also plays a major role in ensuring that the rights that are granted are duly registered to receive protection. In most African Countries, the two systems operate hand in hand. In both cases the role women play is only marginal, without any decision making powers.

Though there are some differences in the details of how the traditional and formal systems of land governance in specific countries work, the general characteristic of land governance in Africa can be summarized as follows: Traditional Land Governance Institutions vary from community to community. They are designed to suit the kind of society they serve and the cultural beliefs and practices of the particular society.

Those involved are mostly men. In most parts of Africa, women are not part of decision making in land matters.

Decisions on who gets the land, which part of the land is given to them and how big parcel (?) they get are all determined by what is perceived about men and women in the society.

Most of the land that is given by the traditional leaders is not recorded.

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Land is owned by groups and individual members of the group can have use of portions of the land.

In case of any misunderstanding over who has rights over a particular land, there are some mechanisms that the traditional leaders make use of to settle the misunderstanding. But again, this is greatly influenced by tradition and culture and therefore dominated by men.

Farm lands that were previously occupied by farming communities are now being taken over by other commercial activities. People in these communities have lost their indigenous rights over the land.

There have been some attempts by some Governments in Africa to take over the role of the traditional land governance institutions so that all rights in the land will be held by the state. In a few countries like South Africa, this has led to state control of the entire decision making on land. In other cases like Uganda, even though there were attempts to have strong state influence, this did not work. Clan heads are still in control of land.

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WOMEN AND LAND REFORM IN AFRICA

3.1

WHAT IS LAND REFORM?

2010

Earlier, it was explained that in every African society, there are laid down arrangements and procedures that help people in the society know how they can get land and how much land they can get. In some cases, there are also procedures on how to use the land and for what purpose.

Normally these arrangements are explained in some laws that the society is familiar with.

The laws may be written and/or unwritten. Apart from the laws, there are also people and institutions that are made responsible for ensuring that the land arrangement works.

When the government of a country observes that the existing arrangements have some disadvantages or is affecting people negatively, they try to change the arrangement so that it becomes better and benefits all.

The way the government works to bring about this change is what is called LAND REFORM For example, attempts to change discrimination against women in land governance would entail having both men and women in decision making as one type of reform, focused on decision making in land.

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One objective of land reform could be to stop the male dominance in decision making on land which gives women fewer opportunities to secure their land rights than men.

When reform is done well, it should lead to women having the same opportunities and rights as men do.

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There are two main types of land reform.

The first type of reform is called the state�led approach and the second one is called the market�led approach.

State-led land reform is the name given to the changes in the land ownership and distribution arrangement that is introduced by government and government makes all the necessary arrangements for the changes to occur. This can include changes in the law relating to land ownership and distribution or the institution responsible for land governance.

The second type is market-led reform, which is more about the ability to pay. Under this type of reform, the state government ensures that there are good arrangements at the country level for people to buy and sell off rights and interests in land. In this arrangement, the ownership and distribution of rights and interests in land depends on the ability to pay high prices.

It is important to note that the reason for land reform is always to correct imbalances in land rights and give greater protection to people who are disadvantaged.

Beginning in the early 1990s, just about every government in Africa engaged in some form of land reform. In Tanzania and Uganda new land laws were passed. Zimbabwe undertook a major land reform and resettlement program. Mozambique passed a new law which established the historical rights of the people. Ethiopia and South Africa also undertook steps to review laws governing land ownership.

In Ghana, the objectives for the Land Administration Project (LAP) currently ongoing is to stimulate economic development, reduce poverty and promote social stability by improving security of land tenure, simplifying the process for accessing land and making it fair, transparent and efficient. In view of the disadvantaged position of women under customary land administration, the Land Administration Project has developed a gender strategy to ensure that the issues of women land rights are addressed under the project.

The gender strategy focuses on capacity building, institutional reform and awareness creation.

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COMMON PROBLEMS EXPERIENCED BY WOMEN IN THE CONTEXT OF LAND REFORM

Land reform normally has two main objectives: 1) To bring about equality, i.e. to ensure that both men and women have equal opportunities for ownership, access, control and rights to the land in a measure that is appropriate for their activities on the land, and 2) To increase productivity, i.e. to ensure that the maximum benefits possible are derived from the use of a particular parcel of land.

Both are important and will be realized if the both men and women are made part of land reform.

Land reform should aim at putting both men and women on the same level as far as land rights are concerned.

Experience has shown that it is not always true that the outcome of land reform is able to achieve these two effects very well.

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In many cases of land reform: ‐

Women do not benefit equally from land reform. Women in Africa still lack security of tenure to their lands. They can only access land through the male members of their families‐husbands, brothers, fathers, uncles or sometimes even older sons.

‐

Women are not given the same opportunities as men to be part of land reform and so there are little opportunities to discuss women’s land rights issues

‐

Women’s land rights are usually not primary rights. Under various traditional arrangements, women usually gain access through marriage or inheritance. Most of these land rights are not considered as valuable land rights and so are not covered under the land laws at the country level. As such during reform to enhance land rights, attention is given to those rights that are recognized by the law. Women’s land rights are usually ignored. Women’s land rights are found mostly in the informal system. Reform therefore sometimes ends up worsening security of tenure for women, as the formal systems becoming stronger renders the informal system more vulnerable.

‐

Reforms can end up making women’s land rights even less visible and vulnerable because reform places emphasis on documented land rights as more recognized than those arranged through informal means. Registration procedures are not made any simpler, laws on land get more complicated, and the rights of women are not reflected under reform. Even when the law provides for equal land and property rights between men and women, implementation remains a problem.

‐

Land reform has not improved conflict resolution mechanisms in land cases. Conflict resolution mechanisms on land cases have remained much formalized, male dominated and expensive. This makes them inaccessible to women, especially rural women in Africa.

‐

Improving women’s land rights is the responsibility of all, both men and women at both the traditional as well as formal levels. Yet knowledge about, and appreciation of, the issues relating to the land rights of women is very low. The absence of knowledge has resulted in low recognition of women’s land rights and therefore less attention to address them.

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‐

In most families, the name of the man is used for all documentation of land rights.

This situation alienates women from claiming any ownership as the name on the registered document is the owner.

‐

Structural and institutional arrangements remain a challenge for women even after reform is done. The mechanisms established for protecting land rights have always remained at the formal level where one has to deal with the bureaucracy of formal land administration systems. The formal nature of these land rights protection mechanisms make them less accessible to women who engage mostly with the informal systems.

‐

Land reform has not addressed the issue of division of labor based on gender, yet at the customary level, it is these expected roles of women and men that result in the male dominance in the ownership of land and property.

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4

UPHOLDING WOMEN’S RIGHTS IN LAND REFORM

4.1

WHY IS IT IMPORTANT TO MAINSTREAM GENDER IN LAND REFORM PROCESSES?

There are strong reasons why it is important to mainstream gender in land reform processes. Some of the reasons why gender should be made an integral part of the reform processes are: Women are the main producers of food. They play a significant role on the land. Getting them involved in land reform and enhancing their land rights through reform is important to meeting the family’s daily food requirements.

Why leave the woman out of the reform process when she is very much involved in production? Involving women in land reform is a better course for the woman and her family as well as the country.

Women support the family’s income with proceeds from the sale of their farm produce.

All over Africa, women are the ones always walking the long distance to the market places to sell the produce from the land she has cultivated to bring home some income which she uses for her household. Why leave her out of land reform processes and from benefitting from reform?

Women have rights just as men and so involving them in land reform is their human right.

Women are better able to articulate their needs and interests. They are the ones to be asked if meaningful progress can be made to enhance their land rights. They need to be involved because it is their right to be heard.

4.2

HOW CAN LAND REFORM PROCESSES BENEFIT WOMEN IN AFRICA?

The nature of women’s land rights in Africa today gives evidence that land reform in Africa has not succeeded in reforming the traditional and customary systems. Most traditions and culture discriminate against women, especially on the cultural practices in land.

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Maintaining the traditional institutions as the main land governance authority leaves women with little or no benefit from reform.

Women in Africa still have difficulty in getting higher rights in land. Most African Institutions responsible for land administration have not transformed into gender sensitive organizations that addresses the land rights issues of women.

All these are experienced in spite of the fact that there have been some land reforms taking place across Africa It is important to ensure that land reform brings benefits for men as well as women. This will not happen by chance. It takes effort on the part of all who are involved in land administration to make it happen.

For this to happen and be sustained: o Reform should be done taking into consideration local experiences. o Solutions to the difficulties in protecting land rights should be defined based on the African experience. o Reform must also take into consideration relevant social and cultural realities and therefore be able to define the reform agenda with these socio� cultural realities in mind. This way, reform will discuss and define solutions that are capable of dealing with the real issues on the ground and therefore have meaning for the people, including women. o Barriers to women’s participation need to be addressed. o Reform should not be too formal as women are more able to take advantage of informal systems better. o It is important to define and have clear in mind who the intended beneficiaries of land reform are, and the environment in which they operate.

This will help to identify all, including women, and undertake the reform in a way that will impact positively on them.

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o Governments should give explicit attention to the issues of women and make a commitment to address them as part of the reform. o The legal system has remained an integral part of the mechanisms for protecting land rights. To support the protection of women’s land rights, the legal system should be structured to be sensitive to women’s rights issues. o There should be training for officers who implement land reform so that they will understand why addressing women’s rights under reform processes is important.

Working to improve women’s land rights will not in any way make the land rights of men less important. It will only strengthen what both men and women gain from existing land.

4.3

Gender Sensitive Land Reform and its Implementation

Below are some elements that a land reform process will show when the land rights of women are taken seriously, just like that those of men: o Land reform laws uphold equality between women and men, and do not discriminate on the basis of sex. o Women are informed of land reform policies and understand how the reform will be implemented. o Women feel empowered to participate in all aspects of land reform, from policy design to implementation. Women must be consulted! o Land reform specifically seeks to address and remedy gender imbalances in access, control over, and ownership of land. o Land reform provides security of tenure for women. o Land reform should ensure that women are given title deeds in their names after registration of their lands as evidence for ownership, and also to enable them to get credit facilities.

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o Land reform policies should provide that women are empowered to protect their rights to land, and enhance women's access to justice.

Traditional African institutions have great influence on land issues. These traditional institutions are treated with a lot of reverence and respect. It is therefore difficult to discuss reform that touches the very core of tradition to reform it, even though tradition may influence women’s land rights negatively. Reform that does not pay attention to dealing with unfavorable traditional practices that affect women’s land right will not improve women’s land rights.

Formal state and non‐state institutions in Africa that lead land reform also reflect the gender relations in the society just as the informal systems do. This makes it challenging for these institutions to lead a truly gender sensitive land reform. For a truly gender sensitive land reform, institutions and individuals leading the reform agenda need to be aware of the gender disparities, appreciate the implications and be committed to working to improve women’s land rights.

Most women in Africa have accepted the prevailing gender relations as the norm and so may not always champion their own rights.

Land reform must help address the difficulties women face in securing and protecting their rights in land. There should be clear indication in every reform what the ultimate goal is as far as women’s land rights and security of tenure are concerned. In undertaking the reform, activities relating to achieving the goal of improving women’s land rights should be taken as seriously as activities related to achieving other goals. In the end, when reform has been undertaken, it should be possible to have clear demonstration that women’s access to land, land rights and security of tenure on the land has improved.

Improvement can be measured in a number of ways. One significant way of showing this is by the number of titles registered in the name of women. At the customary level, the involvement of women in decision making can be one of the signs. Also, the procedures for acquiring customary lands would have been discussed and reviewed. It must pointedly focus on the particular discriminatory factor(s) and deal with that.

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Achieving a gender sensitive land reform is the responsibility of all. State agencies which implement reform have a role to play; traditional leaders have a role to play; communities have a role to play; husbands and men have a role to play; and women themselves have a big role to play. For land reform to be gender sensitive, it is a collective responsibility. It cannot be fully realized if any of the parties concerned does not play their part well.

A few points that can enhance a gender sensitive land reform process are outlined below.

These points may not be exhaustive. However, it is important to bear them in mind as they provide the broad framework of how the process should look like.

It is important to have some background information about the existing land rights situation of women. This will have to be done by asking to know how women feel. It is also important to involve men, especially at the traditional level. Get the full picture by involving other actors in the land sector to understand the reason behind what is observed.

It is important that the information obtained from the data collection is used to determine how the reform will be done and what be achieved.

In addition to the above, some other important steps to undertake are: Step 1 Women need education, awareness-raising and sensitization on land reform and land reform processes so that women will know about reform and understand how they can participate in reform.

There should be a continuous campaign on the land rights of African women. It will help women understand broader land rights issues beyond land reform. This is important if women will respond favorably to the reform agenda and continue pursuing their land rights even after reform processes are completed.

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When women are aware and understand, they act. So help them to understand.

Step 2 Traditional Authorities should be lobbied to get their support in implementing gender sensitive reform.

Traditional Leaders are important in land matters in Africa. Get them to understand why involving women is important. Convince them to make changes.

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Step 3 Land reform should address both formal and informal land systems.

Government officials and authorities need to know about women’s land rights so that they can help implement the reform agenda Why women should be active in improving land reform processes? ‐ ‐ ‐ ‐ ‐ ‐

It is a human right for a woman to participate in land reform It serves the interest of women themselves No one can better explain the needs and interests of women better than women themselves Making it possible for women to participate in land reform brings benefit to women themselves, the family, the community and the entire nation It gives credibility to the reform process A woman’s land right is a human right and so must be upheld

What can men do to support women’s land rights? ‐

Understand that granting women equal land rights does not make their own rights less valuable.

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Encourage women to be part of land reform processes

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Support in sustaining gains made for women in land reform

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What can community based organizations do to support women’s land rights? ‐

Empower women through knowledge and information sharing to make them capable to participate in reform

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Partner with government agencies to implement land reform in a way which benefits women

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Support in facilitating community education, awareness creation and sensitization centered on women’s land rights

Implementing land reform is the first step in getting change to happen. Once the reform agenda is set, discussed and documented, it has to be implemented. It is also important to sustain the outcomes so that the benefits will be realized.

Existing Institutions that offer support to Women Below are examples of institutions that can be lobbied and that offer support in the protection of women’s land rights:

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Human Rights Agencies and Legal Aid Institutions at the country level are available as resources in fighting to secure land rights. They are made up of lawyers who are knowledgeable in laws that guarantee women’s land rights and are willing to support women to secure these rights. They offer their services without charging professional fees. They include organizations like International Federation of Women Lawyers (FiDA), Women in Law and Development in Africa (WilDAF) and Legal Aid Board. They are present in most African countries. It is important to know where these organizations are located in your country. Speak with the people in the office about your experiences. They will be glad to advice on what to do. If need be, they will work with you in taking the relevant steps for securing and protecting your land rights.

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Regional and Sub-Regional Human Rights Systems can also help women to claim their land rights. The African Union (AU) is the body that brings all African states together to look into common issues that confront the different states in Africa and find solutions to them. One of the issues that have attracted the attention of the AU is the promotion, protection and ensuring human rights of people in Africa, including women. A special unit under the AU is the African Commission on Human and People’s Rights (ACHPR).

The AU and its umbrella human rights institutions have come up with a number of written statements of intentions that explain how they want to see human rights upheld in Africa. Some of the written intentions are what were quoted in the earlier sessions of this handbook. Those written statements of intent are in the form treaties, protocols declarations and African Charter on Human and Peoples’ Rights.

These instruments give the basis for country governments to take the necessary steps to protect women’s land rights.

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Alternative Dispute Resolution mechanisms at the local level are also common; in most traditional societies in Africa, there are traditional arrangements for settling disputes. In many countries, these are being strengthened to be able to deliver in a just and gender sensitive manner. In some cases, the courts are helping to ensure that Alternative Dispute Resolution (ADR) mechanisms work with the same transparent procedures as the courts. Yet, because of the inherently patriarchal nature of African Societies, men dominate in ADR institutions around Africa, though it might be the first and closest means available.

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International Human Rights Instruments and Institutions As mentioned earlier in this handbook, apart from the efforts at the Africa Regional Level Institutions there are also efforts at the international level. For example there is the Convention for the Elimination of all forms of Discrimination against Women (CEDAW). This is an important convention that protects women’s land rights.

It is important to explore the mechanisms available and how they work. This information will help in making the choice that can best serve your interest.

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RECOMMENDATIONS

Governments are primarily responsible for the overall national land reform.

Individuals, organizations, groups, men, women and traditional authorities also have a role to play in ensuring land reform brings positive results for women. Women’s land rights have to be respected. Doing so is good for the wellbeing of society.

Specific actions that African governments should take include: •

Governments should ensure that the land policies reflect the needs of vulnerable persons in society and covers a wide range of land uses for both agricultural and non‐agricultural activities by the poor, including poor women.

•

Governments should ensure that land policies make explicit provisions for the protection of the security of tenure for women, as this would result in increased investment in land and improve the quality of land ownership.

•

There should be partnerships and collaboration between government and other non‐governmental organizations to conduct a sustained education and awareness raising on land rights in an attempt to address negative cultural practices. Through this, people’s attitudes and perceptions will be changed about women’s rights to land and inheritance.

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Alternative Dispute Resolution mechanisms need to be made more accessible to assist in settling land disputes and enhance opportunities for protecting ones land rights.

• Land policy and reform processes need to be explained in simple language to a level that could be appreciated by people at the grassroots level, especially women.

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There is a need for greater communication and interaction between the formal institutions and the traditional systems. The current disconnect makes it difficult to feed the experiences at the local level into policy and actions at the formal level.

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African governments should ensure that gender imbalances in land tenure, administration and management are addressed. All bodies dealing with land should have a representation of female members to enhance equality and equity.

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Culture and traditions are still very influential in determining the way land and property is managed and controlled. Communal and customary interests in land

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should be incorporated in formulating the laws, but not to the detriment of women. •

Traditional leaders and grassroots women should be involved in a process to identify cultural practices that support the rights of women, and question the ones that do not provide adequate protection to women and agree on measures to deal with these cultural practices. This could be done by organizing community trainings for leaders, showcasing best practices and peer exchanges.

Let us all help in making land reform work for women in Africa!

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Glossary 1.Gender Gender refers to relationship between men and women in a society and the expected roles they are supposed to play.

2. Gender Mainstreaming Gender mainstreaming assesses the implications for women and men of any planned action, including policies, legislation and programs.

3. Land Rights Land Rights are the powers and freedoms that one has over a parcel of land. a. The right to possess and use‐ this means the right to occupy and own land b. To sell‐ to give off land to another person in return for money c. To devise‐ to take decision on the land that can influence the nature of rights over the land d. To lease‐to give out the land for a stipulated number of years e. To mortgage‐ to use the land as a guarantee for a loan f. To subdivide‐ to break down a whole parcel into smaller units g. To grant easements‐ to give the opportunity for some level of public usage of part of land one owns 4. Land Tenure Systems Land Tenure systems is the institutional arrangement that regulates the “bundle of rights” existing over each parcel of land, including “operational” rights (right to access land, to cultivate it, to withdraw produce, etc.) and management rights e.g. the right to allocate and transfer land.

5. Land Tenure The system and arrangement under which land is owned by an individual/party, who is said to "hold" the land.

6.Land Reform A conscious effort to correct imbalances in the land system.

7. Ownership Ownership constitutes the rights to use, manage, and dispose of property.

8. Parcel A plot of land the boundaries of which may be defined.

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Refers to uninterrupted access by, and land rights for, people who wish to use and occupy land for diverse purposes.

10. Registration A formal process of recording land rights in a Land Register and which then becomes the primary legal source of determining ownership.

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