.Analiza la desigualdad por género en la propiedad de la tierra en América Latina. En algunos países, las mujeres constituyen únicamente una cuarta parte de los propietarios de tierra.
Women face many problems with regard to land inheritance and land rights in Kenya. Individual and community land ownership do not favour women. The reason for this is that ownership of land is patrilineal, which means that fathers share land amongst sons, while excluding daughters. This practice is traditionally widespread and partly accepted although it goes against the interest of women and is prohibited by the constitution.
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.
Includes women’s land rights and tenure security in a context of legal pluralism and land tenure privatization; competing legal systems and land rights protection on the ground � what is going wrong? Argues that in a context of increasing land scarcity, high population pressure and progressing land tenure privatization, men are increasingly taking advantage of their superior position within the patrilineal tenure system, advancing their own interests at the expense of weaker family members, first and foremost the women in the family.
Provides a backdrop of relevant policies and practice; a gender analysis of the policy framework governing land and investments; and recommendations on how to work towards land rights securing and better inclusion in land governance processes for women in Tanzania. Concludes that implementation of laws, including key gender equality principles, has been weak, and gender inequality in land access persists largely due to the continued dominance of (patrilineal) customary land laws and practice.
Contains background, policy responses (PRSP, LSSP, national gender policy), legal responses (Constitution, co-ownership, Land Bill 1997 and Matembe Clause, Land Act 1998 and Consent Clause, Land Amendment Bill 2003), challenges, way forward, annexes.
Malawi, like other countries in Africa, has a new land policy designed to clarify and formalise customary tenure. The country is poor with a high population density, highly dependent on agriculture, and the research sites are matrilineal-matrilocal, and near urban centres. But the case raises issues relevant to land tenure reform elsewhere: the role of ‘traditional authorities’ or chiefs vis-a-vis the state and ‘community’; variability in types of ‘customary’ tenure; and deepening inequality within rural populations.
Includes the land inheritance system, the (potential) diminishing relevance of customary norms, land rights and awareness of the law, women, customary practices and participation, DUATs and land occupation, the land market. Argues that in the current context the right of women to access and administer land is being limited not by customary social rules and law but by the adverse socio-economic context which characterises the whole peasant sector.
This paper is about land tenure relations among the matrilineal and patrilineal cultures in Malawi. Data from the National Agricultural and Livestock Census are used to characterize marriage systems and settlement and landholding patterns for local communities. Marriage systems correspond to customary land tenure patterns of matrilineal or patrilineal land holding. The differences between the two major ways of land holding represent a particular challenge for land reforms intending to unify rules for land tenure and land devolution.
Agricultural land pawning is not a new phenomenon to the traditional communities (Masyarakat Adat) in Indonesia, especially the matrilineal Minangkabau people who rely on their agricultural land for economic transactions. Based on the national law, customary law (referred to as Adat Law hereafter) is to prevail over agrarian issues in Indonesia. But even so, agrarian issues remain under the influence of national law. This study discusses the management of agricultural land pawning in the matrilineal Minangkabau society according to national, Adat, and Islamic laws.
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