6.3. Trends in Legal, Policy and Institutional Reform

6.3.1. Legal Reforms

The importance of agriculture as a component of national economies, as a primary resource and source of African men and women’s livelihoods, is recognised in many constitutions. During the Decade, several countries took steps to enshrine the right to food and provide equal access to land in laws and constitutions. The revised Constitution of South Africa requires relevant organs of the State to provide the South African Human Rights Commission with information on measures taken towards the realisation of the rights in the Bill of Rights concerning, among others, food (Article 184).1921 Concerning land rights, in 2019 the Supreme Court of Eswatini upheld a widow’s rights not to be arbitrarily deprived of her property and dignity.1922 While the final decision in Dlamini v Prince Chief Gasawa Ngwane resides with the Regional Administrator, the case is considered significant in that it is an unprecedented intervention into Swazi customary law by the Court.1923 Also, the case highlights the uncertain nature of women’s rights in a pluralistic judicial system even though the Eswatini Constitution guarantees the equal right to land.

Many countries have adopted laws that promote the right to land (DR Congo) or the obligation to register land (Cabo Verde) and on food and protection of plants (such as in Comoros.) Legal reforms in Kenya, Liberia, Republic of Congo and Rwanda promote the rights of women and seek to eliminate gender discrimination. Land Registration Acts No. 3 and No. 6 govern all land (public, private and communal) in Kenya. Act No. 6 also requires, among its guiding principles, the elimination of gender discrimination in law, customs and practices related to land and property, and the equitable distribution of land.1924 In Rwanda, Article 4 of Law No. 43 on Governing Land of 2013 recognises the equal right to land and prohibits all forms of discrimination, such as by sex, concerning access to land. Notably, it also states that the right to land for a man and a woman who are lawfully married shall “depend on the matrimonial regime they opted for.”1925 Law 21 of 2018 establishes the rules for the occupation and acquisition of land in Republic of Congo. Article 19 specifically addresses the rights of women in access to land, noting that, “customs and traditions tending to suppress or restrict the right of women to occupy or acquire customary land, land or land in urban and peri-urban areas are deemed to be null and void.”1926 Under the Deeds Registry (Amendment) Act 2012 of Eswatini, married women may register property or land in the names of both spouses.1927 Law No. 034-2012/AN of 2012 on agrarian and land reorganisation in Burkina Faso states that developments must take into account principles of equity and gender.1928

In addition, countries have taken steps to empower women by strengthening and protecting women’s right to land. Burundi’s 2011 revision of its Land Code affirmed the principle of non-discrimination.1929 The Land Act of 2010 of Lesotho allows women to register land in their name1930 and grants women control of the productive resources1931 and stipulates that women can choose to be married in a community of property and, thus, obtain a joint title deed.1932 Moreover, the Land Act of Lesotho expressively states that it prevails over contrary customary law.1933 Of note, Mali’s Land Act of 2017 guarantees gender equality regarding ownership of land and aims to give women and youth 15% of all arable land.1934 In the same vein, the 2018 Land Act of Togo states that, “women have equal access to land as men.”1935 The Revised Botswana Land Policy of 2019 allows married women equal ownership of land alongside husbands, thus giving everyone an equal right to a plot, on both state and tribal land. Under the previous Land Policy, only unmarried women or the wives of men who were not landowners were eligible for land rights, and consequently it discriminated against married women, widows and single mothers, who were left without access to land.1936 In Botswana, the government allots deeds for land; according to a government audit in 2020, 53% of the people on the government land allocation waiting list are women.1937

Benin, Burkina Faso, Côte d’Ivoire and Gambia have adopted legislation to support rural women’s economic development. In Burkina Faso, Law No. 034-2012/AN declares that sustainable land use planning and development, among others, are governed by the principles of gender, respect for human rights and equity.1938 Article 6 of Law No. 2013-01 in Benin declares that the state and local and regional authorities must ensure equitable access to land for all parties and respect for gender in access to land.1939 In Gambia, the 2010 Women’s Act states that the government must take into account the particular problems faced by rural women and their key role in the economic survival of their families. The State shall also ensure that rural women participate in every step of development projects and have access

to agricultural credit and loans, appropriate technology and equal treatment in land and agrarian reform, as well as resettlement schemes (Section 33).1940

6.3.2. Policy and Institutional Reforms

During the AWD, nearly all African countries adopted policy mechanisms to increase women’s access to land and resources in agriculture, achieving food security and fighting hunger. Concerning agriculture, the majority of African countries have adopted and implemented a National Agriculture Investment Plan (NAIP). Benin’s 2010–2015 Agricultural Investment Plan sought to facilitate availability of and access to productive resources for men, women and young people, as well as improve market access. It also set up a management system of information and collected reliable information disaggregated by gender.1941 In Burundi, the National Agricultural Strategy 2018–2027 and the National Agricultural Investment Plan 2018–2022 include goals to establish smart infrastructure such as feeder roads and mills to reduce the workload of women and to make women more competitive on the market.1942 They also promote micro-irrigation systems (small irrigation with motor pumps, hydro-agricultural and electric dams) and the collection and supply of water.1943 The Agriculture Livestock and Fisheries Sector Programme 2016–2020 in Madagascar aims to strengthen the capacities of women in agribusiness through agricultural entrepreneurship and value chain development, and train and equip women in new agricultural technologies.1944

Several countries have adopted specific strategies on gender and agriculture. In 2010, the Rwandan government developed the Agriculture Gender Mainstreaming Strategy to mainstream gender in various programmes, such as the Crop Intensification Program, to increase access to agriculture extension services, agriculture and livestock production, and crop and livestock marketing.1945 The 2016 National Gender Strategy on Land in Uganda guides all stakeholders on land rights and gender-related reforms. It seeks to transform norms that reinforce gender inequalities, particularly on land tenure governance in the country, and introduce gender mainstreaming in the land sector.1946 Other States have adopted strategies and programmes that address both agriculture and food security.

Many countries have adopted policy frameworks on land rights. The Revised Land Resettlement Policy 2018–2027 in Namibia addresses unequal land distribution and aims to improve the quality of life of previously disadvantaged landless Namibians, in particular women.1947 The National Land Policy of 2017 of Sierra Leone promotes gender equality and the empowerment of women by increasing their opportunities to access and own land, and sets the target that at least 20% of women in rural areas should have access to and control over land resources and housing facilities.1948 It also seeks to increase women’s access to credit and financial inclusion. In Uganda, the National Land Policy of 2011 includes objectives such as clarifying the complex and ambiguous constitutional and legal framework for sustainable management and stewardship of land resources; and redressing historical injustice to protect land rights of groups and communities marginalised by history or on the basis of gender, religion, ethnicity and other forms of vulnerability to achieve balanced growth and social equity.1949

Other countries have adopted strategies that address both agriculture and food security. Togo’s 2010–2015 National Programme for Agricultural Investment and Food Security stipulates that 50% of beneficiaries of the Agricultural Development Support Project must be women.1950

The Food Security Programme 2015–2020 of Ethiopia aims to address the severe impacts of food insecurity on vulnerable women and children. It also focuses on building the livelihoods of poor and vulnerable households, providing direct support for pregnant women and lactating mothers, and places a special emphasis on female heads of households, people living with HIV and AIDS, women in polygamous households, divorced women and women with disabilities.1951 Notably, Ghana’s National Nutrition Policy 2013–2017 promoted food security, food quality and food safety at all levels of society and included a specific focus on gender equality and equity. It sought to improve the nutritional status of women and girls and included efforts to improve women’s social status relative to that of men and to increase women’s economic autonomy.1952