Date: 2015

Source: Foncier & Développement 

Par: Cécile Travési, Maïa Ponsonnet 

La question des revendications foncières autochtones représente une problématique majeure de la recherche en anthropologie. Comment les systèmes fonciers autochtones sont-ils compris, et éventuellement traduits dans les termes des états dominants ? Comment ces traductions sont-elles concrètement prises en charge – au niveau légal et symbolique ?

Goal 5 of the Sustainable Development Goals (SDGs) "Achieve gender equality and empoer all women and girls" regonizes the fundamental role of women in achieving poverty reduction, food security and nutrition. Target 5.a aims to "undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance and natural resources, in accordance with national laws".

Goal 5 of the Sustainable Development Goals (SDGs) "Achieve gender equality and empoer all women and girls" regonizes the fundamental role of women in achieving poverty reduction, food security and nutrition. Target 5.a aims to "undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance and natural resources, in accordance with national laws".

Includes key concepts for understanding land rights; land tenure and women’s property rights in Uganda; land acquisition in Uganda; who owns the land? Perspectives from the local level. Analyses how different ways of defining landownership provide very different indications of the gendered patterns of landownership and rights. Although many households report that husbands and wives jointly own the land, women are less likely to be listed on ownership documents, especially titles, and women have fewer land rights.

Covers land-tenure system in Amhara Region, the land rights registration process, women’s access to and control of land, land use by men and women, marital property rights, inheritance rights, female-headed households, legal services, conclusions and recommendations.

Contains introduction, conceptual framework, issues for the land policy (sovereignty, land tenure systems and issues, land and sustainable livelihoods, land administration and management, natural resources, land markets, land/property taxation), policy implementation, the gaps and areas for future study.

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.

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 overview of the land reform process and brief summaries of presentations made on: key elements and guiding principles in formulating land policy; political, economic, social and cultural issues on the land policy and land law reform process; implications of gearing the formulation of land policy and land laws as a stimulus for agricultural productivity; gaps, conflicts, contradictions, overlaps and inconsistencies in the existing land laws and what needs to be done in land legal reform.

AFJN travelled to Brewaniase, a town in Ghana’s Volta Region, to learn more about a potential land grab deal by Herakles Farms, a New York based agribusiness. Informed that Herakles Farm had acquired a large tract of land in the Volta Region. Less than a year ago the property was sold to a British company, Volta Red. This story is a warning to landowners in Africa and irresponsible African leaders who are carelessly mortgaging future generations’ inheritance during this global rush for land in Africa.

Argues that there are 5 shortcomings in both the old (World Bank) and contemporary (Hernando de Soto) arguments for formalisation of land title. First, legality is constructed narrowly to mean only formal legality. Therefore legal pluralism is equated with extra-legality. Second, there is an underlying social-evolutionist bias that presumes inevitability of the transition to private (conflated with individual) ownership as the destiny of all societies. Third, the presumed link between formal title and access to credit facilities has not been borne out by empirical evidence.

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.