This research, entitled "The Impact of Gendered Legal Rights to Land on the Prevalence and Nature of Intra- and Inter-Household Disputes" set out to interrogate the changing landscape of gendered land rights in Rwanda, and to examine the impact of the statutory changes introduced by laws governing land, inheritance, succession and matrimonial property passed between 1999 and 2013.
Before 1999, land rights in Rwanda were governed by three regimes: customary
(traditional) law, colonial laws still in effect, and laws enacted after independence. In each of
these, men were privileged in ownership and control of land whereas women were excluded
or had fewer rights.
The 1999 Succession Law restructured and harmonized land ownership in Rwanda,
superseding all prior legislation. A significant portion of these changes related to gender
equality. Equal rights to umunani (umunani or ascending partition is an act accomplished by
Between October 2014 and October 2015, Radio Ishingiro with the support of USAID
Land Project implemented a Communications Campaign focused on influencing the
attitudes and mindsets of men and boys about gender-equal land rights to overcome
traditional norms and beliefs that hinder women from exercising their rights to land. In
particular, the campaign focused on overcoming traditional beliefs and norms that
hinder women from exercising their rights to inter vivos gifts of land (“umunani”)1
, land
In Africa, land has an emotional and mystical value beyond the economic consideration and
represents the social security and the continuity and independence of a family. In much of rural
Africa, land constitutes the primary source from which millions of people derive their daily
livelihoods (Bhandari 2001)
1
. In sub-Saharan Africa, women contribute between 60-80% of labor
used to produce food for both household consumption and sale to agricultural production while
women’s access to and control over land in Africa remains minimal (FAO, 1998).
To say that access to land is one of the most important conditions for the
empowerment of African women, would be an understatement. The cultivation of land is one
of the main sources of income and economic wealth depends strongly on a well-elaborated
system of land tenure. However, developing and protecting land rights1
for women in mainly
male-dominated societies is a long-term work. Even though law initiatives2 may guarantee a
de jure equal access to land for women, the outcome highly depends on the way the culturebound
As Parliamentary gender quotas have become increasingly popular, so too
has the debate surrounding their effectiveness in enhancing women’s
representation and gender equality in governments around the world. Women offer
unique and important perspectives to the political process, and thus their increased
political representation and empowerment can advance the very process of
development. In 2003, the Rwandan government Constitutionally enacted a gender
This brief discusses a pilot intervention in Rwanda led by the Belgian
NGO, RCN Justice & Démocratie, with support from the International
Development Law Organization (IDLO) and the Belgian Government. A
more detailed and complete discussion of the pilot is given in Lankhorst
and Veldman (2011a). The pilot aimed to transform the customary
resolution of disputes involving women’s land claims concerning
inheritance or marital relations. The intervention examined whether
and to what extent it was possible to increase the scope for acceptance
Since 2004, Rwanda has embarked on an ambitious land tenure reform programme (LTR) aimed
at increasing security of tenure to all land owners and the elimination of all forms of
discrimination. This has largely been achieved through the establishment and implementation of
a new legal, regulatory and institutional framework.
This paper discusses the ongoing land tenure reform programme and its impact on women’s land
rights. It focuses on the role of women in the decision making in the course of developing the
In Rwanda, for many years ago, rights over land for women and female orphans were not
recognized. The main causes were the inexistence of efficient land administration systems and
the prevalence of traditional system of land tenure which were complex and did not favor
women and female descendants. In 2004, the Government of Rwanda had adopted a new land
policy which was complemented by the 2005 Organic Land Law and a series of laws and
regulations with regard to access to land, land management perspectives, and to the modalities
In setting out principles and internationally agreed standards, the “Voluntary Guidelines on the Responsible Governance of Tenure of Land and Other Natural Resources” intend to provide practical guidance to states, civil society and the private sector on responsible governance of tenure. The Voluntary Guidelines (VG) will constitute a framework for policies, legislation and programs, but will not establish legally binding obligations nor replace existing national or international laws, treaties or agreements (FAO 2009c).
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