1. GOVERNANCE OF AFRICAN LAND RIGHTS, AND IMPLICATIONS FOR WOMEN
Presentation by Lindsay Mossman
Senior Gender Equality Advisor
Aga Khan Foundation Canada
27 March 2019

2. Overview: Key Questions
What do we mean by women’s land rights?
Why are land rights important?
What are the barriers and facilitators of women’s land rights?
How do we improve women’s land rights and benefits?
How do we measure land control and use?

3. FIAP: Growth that works for everyone
Canada will support inclusive economic growth that helps the poorest, most vulnerable and marginalized generate, participate and benefit from economic activity.
support the full participation of women in economic decision-making and leadership;
help improve economic opportunities for rural women, focusing on improved incomes and productivity through sustainable agriculture
promote financial inclusion for women and equal access to capital, markets, digital technology and business development services
promote labour, land, inheritance and property rights for women

4. What do we mean by women’s land rights?
IFPRI: Use, control, and ownership rights to land
Use rights involve the ability or permission to employ an asset
Control rights signal greater levels of power, including management and exclusion.
Ownership implies having all these rights, including sale or other forms of disposal, backed by formal legal institutions.
In practice, definitions are not clear cut

5. Why are land rights important?
Production: Women produce more than 80% of the food in Africa, but own only 1% of the land. Women’s land plots tend to be smaller and less agriculturally productive.
Collateral: Land is frequently used as collateral in applications for loans or credit, to start a business, purchase agricultural or other inputs, etc.
Household bargaining and negotiation: Where women are land and property owners, there is an increase in their household decision-making, particularly around purchase or sale of land.
Photo: Farmer Field School participants learning about conservation agriculture in Cabo Delgado Province, Moz

6. Barriers and Facilitators of Women’s Land Rights
Customary law
Land registration
Cohabitation
Costs
Discrimination
Facilitators:
Local Administrators
Knowledge of rights and processes
Women’s organizations
Men as partners

7. Women’s Land Rights: Barriers
Although statutory laws may give women equal rights to land and inheritance, customary law is often applied: ‘Women have no right over land because she will marry and go to another house.’
Customary Law
In some cases, joint land registration is available for legally married spouses. This means women who are cohabitating with their partner are not eligible for joint registration of land.
Cohabitation
The costs of accessing legal services to make a claim or follow-up on a claim, or even to pay for transport to attend court is prohibitive.
Costs
Women living with HIV/AIDS face particular challenges. Perception that “you cannot offer property to someone who is dying.” Denial of property/inheritance for them and their children.
Discrimination

8. Women’s Land Rights: Barriers or Facilitators
May not regularize the marriage due to the land related implications. Can also be active partners in changing household and community norms.
Men’s attitudes
Lack of knowledge of what the land laws say or the registration or claims processes, or where to get legal assistance. Women with knowledge are better able to claim rights.
Knowledge
Despite legislation, local administrators may prevent women from accessing claims processes or even intervene to prevent women from claiming rights. When local administrators support women they have more positive outcomes.
Land registration in practice

9. Approaches to address women’s land rights
Knowledge & awareness:
Providing training on rights, registration and claims processes
Finding entry points:
Community mobilization with village elders, community institutions, religious reps and other stakeholders
Engaging Men:
Working with men and women on household decision-making, sharing of property and assets
Women’s organisations:
providing linkages to credit and markets, sensitization and support services
Measurement:
Ensure we are measuring not only registration, but also use and control

10. Engagement of Men: Mozambique
Power rests with men, property control generally stays with older men in woman’s family
HH decisions primarily made by men, including on purchases and sales of assets
“we don’t have a say with men. They are the ones who decide everything and we just follow their orders.”
(22-year old woman, CBSG member, Quissanga).
Photo: Family in Cabo Delgado

11. Women’s Organizations
Women’s organizations, cooperatives and networks
Knowledge and awareness on land and inheritance rights and processes
Support women to access legal recourse
Pooling of funds to purchase land
Pooling of land to produce greater yields
Joint applications for credit
Photos: Women’s weaving cooperative in Cabo Delgado Province
Savings Group Ibo Island, Cabo Delgado Province
Where women have support from organizations, they are more likely to have positive outcomes for their land rights cases and economic development.

12. Measuring women’s access to and control over assets
Example from Afghanistan Women’s Empowerment Program