Abstract

Pre-colonial Africa prides itself on adherence to diverse cultural affinity and traditional belief systems, which defines the place of women in respect to land access, use and ownership. Land resources continue to play important roles in both agrarian and industrial societies; thus the absence of effective land management and gender construction in land allocations has deepened gender inequality, restricted women’s capacity building and agricultural development in Africa. This article explores the impact of traditional African practices and cultural beliefs on women’s land ownership and use, and also reconciles women’s land rights (access and control) with the realities of land reform in post-colonial Africa. It explores how gender inequalities, in terms of land ownership and rights, have jeopardized attempts at agricultural productivity and sustainable development in Africa. However, it is tasking to ‘universalize’ African culture and locate it in a center, due to the diverse cultural values found in Africa. However, there are certain belief systems that run through most African communities, such as the denial of women’s land rights and the patriarchal nature of societies. Thus, the article found that, despite the development of legal frameworks that expand women’s property rights, cases of cultural impediments to the exercise of land rights abound in Africa.

Highlights

  • Discourses on land resources, land conflict and land reform1 have dominated Africa from the late 1970s

  • The respondents comprised of South Africans and Zambian nationals, Camerounians, Nigerians, Kenyans and Rwandans

  • They were made up of officials of non-governmental organizations (KwaZulu-Natal Christian Council and Association for Rural Advancement involved in land reform advocacy in Southern Africa), 2 South African government agencies that deal with land reform, legal practitioners on women and property rights in Africa, academic experts in land reform and gender studies, women’s community leaders and others involved in land-related issues in their respective communities and countries

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Summary

INTRODUCTION

Discourses on land resources, land conflict and land reform have dominated Africa from the late 1970s. Global non-state actors, like the World Bank, Food and Agriculture Organization (FAO) of the United Nations and the Convention on the Elimination of Discrimination Against Women continue, to advocate for gender parity in the land sector. These organizations emphasize the importance of land to the developmental agenda of developing countries. There are no legal barriers on women’s property rights in Kenya as stipulated in the National Land Policy (Government of Kenya, 2009); this provision in practical terms, has yielded little success in respect to women’s ownership of land This is due to several impediments, which are structural, economic and cultural in nature. The most complex to abolish is the cultural restraint to the attainment of women’s property rights

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