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Arguing Traditions. Denying Kenya’s Women Access to Land Rights

Reports & Research
Juin, 2010
Kenya
Afrique

Includes official land rights in Kenya; refusing inheritance – widows and daughters in the patrilineage, dispute trajectories; institutionalizing women’s exclusion – local control boards, local dispute tribunals, formal courts; shifting the debate; working with constructive values in this context. The problem needs to be tackled using the avenues that currently promote the marginalization of women; the socio-cultural value systems that determine which behaviour, arguments, and actions are legitimate in a community.

The World Bank’s Policy Research Report ‘Land Policy for Pro-Poor Development’: A Gender Analysis

Reports & Research
Décembre, 2002
Afrique

An analysis of the World Bank’s Policy Research Report (PRR) from a gender perspective and a contribution to an e-mail discussion on it. Looks at whether the latest draft has addressed the failings of an earlier version. Focuses on the notion of non-contractable labour; the household as a unit of analysis; motivated family labour; the consequences of default; equity and poverty reduction strategies; bringing women’s rights onto the agenda.

Mortgaging the Future: The World Bank’s Land Agenda in Africa

Reports & Research
Novembre, 2002
Afrique

Analyses the World Bank’s Policy Research Report (PRR) from a gender perspective and is critical of the consultation process on it thus far. It has important implications for women in Africa. The Bank believes land should be viewed not as a source of subsistence but of capital. It ignores women’s unpaid labour as a factor in agricultural productivity. It treats the household as an undifferentiated unit and ignores that the family often functions as a site of oppression. The Bank stresses ‘motivated’ family labour but ignores that much of women’s labour is far from voluntary.

Women’s Access to Land in Kenya

Reports & Research
Janvier, 2010
Kenya
Afrique

Includes inheritance: a key way women access land; local mechanisms: ‘custom’, power dynamics and lack of engagement; formal justice system: community pariah status and systemic barriers. The lack of access to land cannot be framed as a failing of formal or informal systems, but rather as issues with both. The key to increasing access to justice at both formal and informal levels is to address power dynamics and understand how they operate to the detriment of women.

Discourses on Women’s Land Rights in Sub-Saharan Africa: The Implications of the Re-turn to the Customary

Reports & Research
Juin, 2003
Afrique

Examines some contemporary policy discourses on land tenure reform in sub-Saharan Africa and their implications for women’s interests in land. Demonstrates an emerging consensus among a range of influential policy institutions (including the World Bank, IIED and Oxfam GB), lawyers and academics about the potential of so-called customary systems of land tenure to meet the needs of all land users and claimants. African women lawyers are much more equivocal about trusting the customary, preferring to look to the State for laws to protect women’s interests.

Water is Life: Women’s human rights in national and local water governance in Southern and Eastern Africa

Reports & Research
Décembre, 2015
Afrique

This book approaches water and sanitation as an African gender and human rights issue. Empirical case studies from Kenya, Malawi, South Africa and Zimbabwe show how coexisting international, national and local regulations of water and sanitation respond to the ways in which different groups of rural and urban women gain access to water for personal, domestic and livelihood purposes. Explores how women cope in contexts where they lack secure rights, and participation in water governance institutions, formal and informal.

Gender Monitoring Baseline Survey for the Land Sector Strategic Plan in 20 Districts

Reports & Research
Mars, 2006
Afrique

Baseline survey which includes a literature review. Findings cover land and livelihoods, land ownership and security of tenure, land rights and decision making, land market and transactions, land disputes. Concludes that the volume of land transactions is too low to support a transformation from subsistence to commercial agriculture, as planned. Smallholder farmers have limited capital options making increased land utilization impossible. Tenure security for women is still far from a reality. There is a need to strengthen land rights of widows and orphans.

Caught between Customary and State Law: Women’s Land Rights in Uganda in the Context of Increasing Privatization of Land Tenure Systems

Reports & Research
Mai, 2012
Ouganda
Afrique

Includes women’s land rights and tenure security in a context of legal pluralism and land tenure privatization; competing legal systems and land rights protection on the ground � what is going wrong? Argues that in a context of increasing land scarcity, high population pressure and progressing land tenure privatization, men are increasingly taking advantage of their superior position within the patrilineal tenure system, advancing their own interests at the expense of weaker family members, first and foremost the women in the family.

Urban Property Ownership and the Maintenance of Communal Land Rights in Zimbabwe

Reports & Research
Septembre, 1999
Zimbabwe
Afrique

Short summary of a Ph.D. thesis. The dominance of the white farm issue has delayed serious attention to more subtle land conflicts. Thesis focuses on the continued maintenance of communal land rights by urban property owners. Explores what would happen if these rights disappeared. In reality and in the absence of explicit state policy, poor families and women are already relinquishing these rights, which has very practical implications for urbanisation.

Secure and equitable land rights in the Post-2015 Agenda – A key issue in the future we want

Reports & Research
Janvier, 2015
Afrique

As organizations working on food security, natural resources management and poverty eradication, we strongly encourage governments to keep the profile of land and natural resources high in the post-2015 Sustainable Development Agenda document to be endorsed in September 2015. Secure and equitable land rights are an essential element of an Agenda that has the ambition to be people-centred and planet-sensitive.

Linking Women and Land in Myanmar - Recognising Gender in the National Land Use Policy

Reports & Research
Décembre, 2015
Myanmar

The draft National Land Use Policy (NLUP) that was unveiled for public comment in October 2014 intends to create a clear national framework for managing land in Myanmar. This is a very important step for Myanmar, given the fundamental importance of land policy for any society – particularly those with recent and complex histories of political and armed conflict and protracted displaced populations. With 70% of Myanmar’s population living and working in rural areas, agriculture is a fundamental part of the country’s social and economic fabric.

WHAT IS PREVENTING WOMEN FROM INHERITING LAND? A STUDY OF THE IMPLEMENTATION OF THE HINDU SUCCESSION (AMENDMENT) ACT 2005 IN THREE STATES IN INDIA

Policy Papers & Briefs
Mars, 2014
Inde

March 2014 – Inheritance is the overwhelming way land is acquired in India, but societal practices exclude women from inheriting land. The Hindu Succession (Amendment) Act 2005, an inheritance law that covers 83.6% of the population of India, corrected some fundamental inequalities in the law bringing the women in equal status to men in the right to inherit land. However, eight years after its enactment, the ground reality is that women still do not inherit land on an equal basis with men.