Equal Land Rights for Women in Botswana 7. ENVIRONMENT AND CLIMATE CHANGE ........................................................................................................................................ 251

Recognising that the work is far from complete, Mama Ardhi continues to advocate for improvements in legislation, policy and practice to bring about lasting change, and to sensitise communities about the importance and benefits of women’s land rights.1989 Notably, the Alliance works to ensure that women’s land and property rights are enshrined in law by voting to uphold the new Constitution in any upcoming referendum.1990 It also works to amend customary laws that contradict existing legislation. The Alliance is calling on the government to adopt a national plan on women’s land rights that will benefit women and their families and communities.1991

Equal Land Rights for Women in Botswana

Across the world, women make up the majority of those who work in the agriculture sector but own only 15% of global farmland.1992 Despite women’s dominance in agriculture, and their dependence on land as a resource for living and providing for their family, they face many barriers to owning land. In Botswana, the government allots deeds for land. According to a 2020 government audit in Botswana, 53% of the 620,660 people on the waiting list for government land allocation are women.1993 The average waiting period for a plot of land is between 10 and 30 years.1994 In theory, the law gives each citizen of Botswana access to land. Citizens may apply for residential and agricultural plots wherever they wish, as long as they are 18 years or older.1995 Statutory and customary laws favour men in inheritance and ownership of and access to land and discriminate against women based on gender.

Traditionally, a man in Botswana was entitled to own three pieces of land – for living, crop cultivation and livestock grazing.1996 Women in Botswana, regardless of marital status and age, were not allowed to acquire land or landed property independently.1997 On a husband’s death, only the male children or male relatives could inherit, leaving women and girls vulnerable and dependent on the former for housing and livelihoods. Widows were often denied a plot of land because their deceased spouse had owned one and his family had claimed it.1998 Unequal access to land perpetuates gender equality and denies women full and equal human rights, in particular economic rights.

The 2015 Land Policy extended the rights of women to land to some extent, prescribing one plot of land per person. However, it treated a married couple as a single entity, restricting them to one land plot, while an unmarried couple could purchase two.1999 Women’s rights activists, among others, however, critiqued the 2015 Policy for discriminating against married women and widows, preventing them from having access to land where they work and live. The 2015 Policy banned married women from owning land in their own right if their husband already owned land. Moreover, husbands still retained the right to sell the property without consulting their wives.2000 Only married women whose husbands were not landholders were allowed to purchase and own land.

During the 2019 election, presidential candidate Mokgweetsi Masisi promised to amend the 2015 Land Policy, stating that he believed that it discriminated against married women and did not give them equal treatment.2001 In September 2020, following a debate, President Masisi announced that Botswana’s Parliament had approved the amendments to the 2015 Land Policy. The Revised Policy removed controversial Articles 58(ii), 58(iii), 69(iv) and 72(iii), which had prevented married couples from owning land independently.2002 The Revised Policy guarantees each citizen of Botswana an equal opportunity to own residential or agricultural land on state or tribal lands.2003 Notably, a married woman can now own land independently of her husband or co-own land with her spouse.2004

Women’s rights groups and others lauded the repeal of the 2015 Land Policy’s discriminatory provisions and the adoption of the Revised Land Policy. Notably, married women gained independence in marriages and the equal right to apply for land. The Revised Policy also protects widows and orphans who head households from poverty.2005 Moreover, as many women rely on access to land for their livelihoods, the Revised Policy gives them more security and further advances their rights. The president has also called on civil society groups to raise awareness among women of their new rights.2006 Women will also receive legal support to help them understand and claim their rights.2007 During the COVID-19 pandemic, the Revised Land Policy has received increased importance for women, particularly for widows, who can now support themselves and remain independent.2008