Advancing Gendered

and Women’s Land

Tenure Rights in Central

and West Africa

World Bank, 16th Annual Land and Poverty ConferenceMars 2015

Authors: Solange Bandiaky-Badji, Cecile Ndjebet, Julie

T.B. Weah, and Patience Fielding

The Case for Liberia and

Cameroon

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Ongoing Land reforms: Liberia: creation of Land Commission in 2009; adoption of the Land Rights

Policy in May 2013; Land Rights Act soon to be enacted Cameroon: started in 2011; draft law to be adopted by Parliament in March

2015! Women face particular challenges in advancing and securing their rights to

land in national reform processes

Women organizing for change: Foundation for Community Initiative (FCI) and women’s platforms in

counties (Liberia) The African Women’s Network for Community Management of Forests

(REFACOF-Cameroon)

Introduction

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Methodology

Gender analysis of statutory and customary land laws in Liberia and Cameroon

Lessons learned

Recommendations to stimulate immediate actions and further debate on women’s rights in land reform processes

Outline

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Liberia Gather information on the views and perception of key

stakeholders in the sector as well as of women in several counties on gaps, challenges, and proposals

Cameroon Field research and dialogues with Traditional Chiefs on

customary regimes in the Eastern, Central, Northern, and Southwestern regions of Cameroon

Gender analysis of existing land laws and policies Dialogues with government officials, parliamentarians,

legislators, paramount chiefs, traditional chiefs

Methodology

5Liberia: policy gains in advancing women’s land rights

1986 Liberian Constitution “Every person shall have the right to own property alone as well as in association with

others.” Article 22 (a) Provides the basis for the application in court of both customary and statutory laws ;

sets the legal framework for the application in the courts of customary land issues that affect most rural people including women.

Laws and policies intended to advance equality for women and men in property acquisition and land

The Domestic Relations and Inheritance Act of 1998 specifically highlights equal rights in marriage and inheritance under Customary and Statutory Laws

The 2003 Act to Govern the Devolution of Estates and Establish Rights of Inheritance for spouses of Statutory and Customary Marriages also called the Equal Rights of the Customary Marriage Law of 1998

The Land Rights Policy : “equal protection to the land rights of men and women”

Liberia is signatory to several regional and international treaties, conventions and initiatives that strive to protect and promote the rights of women

6Liberia: shortcomings in the legal framework

Despite the provision found in the Constitution Article 22, women in rural parts of the country are sill the victims of

discriminatory practices in terms of access and ownership of land. Article 24 indicates that the state guarantees the inviolability of property

rights but then authorizes expropriation of property during armed conflicts and for the public good and safety.

Although the Land Rights Policy is progressive: It does not provide any safeguards for the protection of women’s tenure

rights The language acknowledges user rights for women but no control or

ownership rights. In spite of the legal provisions that allow women to own land and participate in society’s socio-economic life, women are still far from fully benefiting from these legal provisions.

7Cameroon: gender neutral and silent land laws

The national gender policy (2011): “The systematic elimination of inequality between men and women at all levels”

However, it does not address customary barriers to gender equity directly, nor does it address the existing inconsistencies among land, forest and other laws affecting natural resources

The Land Law of 1974 (Ordinance n.74-1 of July 6, 1974, establishing the tenure regime)

Limited to articulating and guaranteeing property rights in a generic manner, without considering the characteristics of different social classes, particularly the situation of women

Decree on Land Titling (Decree n.76-165 of April 27, 1976, establishing the conditions for obtaining property title)

Limited to recognizing that anyone who occupies or farms a piece of land that is part of the national domain has the right to seek a land title

Very general, without raising any specific questions with regard to gender: women have usufruct rights but no control over land.

8Liberia: Women’s land and property rights in customary laws

Women access land through a male figure whether a husband, brother or uncle

Prior to 2003, an Indigenous woman had no rights over her husband’s property when he died

The Inheritance Law of 2003: equal property rights to women who are married under customary law, adequate protection to surviving spouses of such marriage

The 2003 amendment ends the difference in the enjoyment of property rights for women who are married under statutory and those under customary law

9Liberia: Women in customary regimesScaling the Fence or Breaking Barriers

A close reading of the Inheritance Law of 2003 indicates that:

Widowed women are still not granted full inheritance rights in Liberia

The language of the law is still very weak and does not guarantee full protection for women claiming inheritance rights under customary law

Progress has been made mainly in inheritance legislation but not in land legislation, which does not go far enough in finding remedies to the issues around the rights of men and women in land ownership

10Cameroon: women in collective customary tenure regimes

Land is something to be collectively owned; private property does not exist in the community, whether it is a question of men or women

Land is not individual property; it should rather be considered in relation to its differing uses and means of access (sex, age, social class, profession, etc.)

Inheritance offers access and ownership to land: patrilineal (few exceptions)

Access to land for women is precarious because it depends on her marital status. The customary right to land access can be revoked the second a woman marries, divorces, or loses her spouse

11Lessons Learned from LiberiaSecuring women’s land and property rights require decisive actions and targeted interventions

Men and women are afforded the same rights under the Constitution and statutory land laws, but in practice there are gendered differences

In communities guided primarily by customary law, women struggle to enjoy the rights granted to them

Bridging the disparities between men and women in Liberian society requires much more than the half-hearted changes that have been made in law and policy

The government has made some level of progress in developing the required legal and policy framework to address some of the inequalities faced by women

However, the challenges women face and their overall situation requires more than the subtle changes that have been made.

The underlying issues are much more complicated, requiring decisive actions and targeted interventions

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Lessons Learned from CameroonA platform for dialogue between women and traditional chiefs

Customary rules are poorly understood and are consequently poorly interpreted and applied

Customary arrangements for land management allow women to access land, but through unreliable means that are dependent on their marital status

In rural areas where customs hold a strong influence over land management:

Engage women and traditional leaders in a dialogue on particular issues

Encourage collaboration between women and traditional leaders to enhance the status of women within customary arrangements

13CONCLUSION

All Constitutions in Africa, like those for Liberia and Cameroon, have the clause of Equal Protection, but the clause does not guarantee equal protection or equal rights

Changes in law are not enough to ensure gender equality or address inequality between women and men

Mandatory equal representation of men and women on decision-making bodies may not totally address the problem of the marginalization of women

14Additional measures are necessary to fully realize gender equity and women’s land and property rights

1. Initiate national dialogue to brainstorm and agree on ways forward

2. Build the capacity of NGOs working on gender and women’s issues

3. Democratize local decision-making to address the exclusion of women and facilitate change in the power dynamics between men and women

4. Build alliances and networks to tackle the issues of women’s exclusion and marginalization – these are relational and structural

5. Expand the livelihood options available to women and enable them to have greater control over their lives

15Thank you!