The paper explores whether the post-Cold War rule of law reform agenda in sub-Saharan Africa has enhanced or impeded gender equity. Argues that a large part of the gender equality agenda remains unaddressed by the legal and institutional reforms undertaken so far. The section on reforms to property laws suggests that they have at worst deepened gender inequality and at best left biases intact. Official discussion of gender and land tenure remains disconnected from broader processes of economic restructuring.

Report on a desktop study commissioned by FAO. Contains introduction; the context for land reform (the legacy of colonialism, women’s access, women in agriculture, HIV/AIDS and land reform); an overview of land reform issues and debates (policy issues, gender equity as a policy goal); land reform and women (case studies from Kenya, South Africa, Uganda, Zimbabwe); conclusion (key findings and recommendations); synopsis of land policies by country.

Covers (1) Land as a source of conflict in Africa – the multi-dimensional nature of land issues; indirect causes of conflict, land access and structural poverty; interactions between customary and state-managed tenure systems; historical injustices and land disputes. (2) Land rights during conflict – population displacement; land as a sustaining factor in conflict; land rights of women, children and marginalized communities.

Country analysis and recommendations for Afghanistan, Bangladesh, Burkina Faso, Ethiopia, Ghana, Guatemala, Malawi, Mozambique, Uganda, Viet Nam. Analyzes the de jure and customary discriminations faced by women in terms of land access in these 10 countries.

Contains executive summary; food insecurity and the AIDS epidemic; barriers to women’s farming; women’s land rights; economic and social empowerment; violence against women; inheritance rights and property grabbing; politics, ideologies and vested interests; recommendations.

Contains women’s rights and state-led agrarian and market based land reforms; reinstating the state; engendering customary tenure; rights of indigenous people and marginalised groups; human rights violations; HIV/AIDS; the ‘feminisation of agriculture’. Calls for a new agrarian reform agenda in which the state plays a central role, ensuring that land is established as a common public good, and that its benefits are enjoyed equitably by women and men, regardless of race, class or ethnicity.

The Guiding Principles are designed to help a number of stakeholders develop larger-scale agricultural investments that are more likely to prove sustainable, beneficial, and successful for communities, investors and governments.

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.

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.

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.

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.

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.