Women's Right to Land: A Comparison between International Legal Obligations and Customary Laws in Bali (Indonesia) and in Acholi (Uganda)

Abstract

INTRODUCTION Because of its connection to several basic human rights, land can be regarded as the most important property a human being can possess. There is an obvious link to food, housing, and employment, but autonomy and decision-making powers may be connected to land as well. Possession of land can secure a person's position in society and may open doors to a better life because it can serve as collateral for credits and loans. Land can also be the collective property of a group or community thus determining this group's identity and asserting its claim to land that has been in their possession for several generations. All over the world, it is more difficult for women than for men to obtain property rights over land although a large part of the agrarian workers is female. This situation clashes with the principles of equality and non-discrimination that have been acknowledged by the great majority of the States in the world when they became parties to human rights treaties, particularly the Convention on the Elimination of Discrimination Against Women (hereafter the Women's Convention). States Parties that wish to accommodate ethnic and religious groups by according them special personal rights usually create a very difficult situation for the women belonging to such groups since traditional customary beliefs that form the core of personal laws are generally not easily paired to the concept of equality. As a result, women, including female farmers, may never have an autonomous right to land. This does not mean, however, that traditional practices and customary laws regarding land are always negative for women. The premise of this paper is that tradition and customary rules need to be closely examined in light of women's right to land in the context of a State's human rights obligations, particularly the obligation to achieve equality between the sexes both in law and in practice. When custom has a negative effect on women's land rights, it needs to be modified or abolished. However, traditional rules that work to women's advantage should be maintained. The question is who is best suited to assess and if necessary modify customary rules and traditions and which measures should be taken to bring about such a change?