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POLICIES AND LAWS

    Inheritance Legal Network in East & Southern Africa - call for proposals

    The Open Society Institute Law and Health Initiative (LAHI), the Open Society Initiative for East Africa (OSIEA), and the Open Society Initiative for Southern Africa (OSISA) are interested in supporting an organization to house an informal network for advocates working on women's inheritance rights in East and Southern Africa. Deadline for proposals 1 September 2008.
    Read more
  • WEDO (2003). "Common Ground: Women's Access to Natural Resources and the United Nations Millennium Development Goals."

    http://www.wedo.org/files/common_ground.pdf .
    Women's survival, and that of their households and communities, depends on access to and control of natural resources - land, water, forests and plants. However, traditional gender roles, assigning different responsibilities to women and men have resulted in political, cultural and economic barriers that restrict women's access to natural resources. This booklet demonstrates how linking key Millennium Development Goals that focus on poverty eradication, gender equality and environmental sustainability can expand women's access to natural resources.
  • Burnett, Patrick, Shereen Karmali and Firoze Manji ed (2007). "Grace Tenacity and Eloquence: the Struggle for Women's Rights in Africa ." Fahamu - Networks for Social Justice.

    This book has been put together to provide students, activists and others with an easy to read introduction to the struggle for women's rights in Africa . The compilation gathers together articles about the campaign for the Protocol on the Rights of Women in Africa . Sharing their ideas and experiences, the authors describe how they won the cross-continental campaign for a protocol to protect the rights of African women and what still needs to be done to ensure that women enjoy these rights in every country.
  • Rossi, Andrea and Yianna Lambrou (2008). "Gender Equity Issues in liquid Biofuels Production Minimizing the Risks to Maximize the Opportunities." FAO.

    ftp://ftp.fao.org/docrep/fao/010/ai503e/ai503e00.pdf
    This article evaluates the potential gendered effects of bio-fuel production which is rapidly increasing in Southern countries. It considers that ways bio-fuel production will affect men and women within the same households as well as women and men headed households in terms of employment opportunities, access to productive assets and participation in decision making. It also contains chapters on the gendered implications of environmental effects of bio-fuel production and degradation in general.
  • ActionAid (2007). "Hit or Miss? Women's Rights and the Millennium Development Goals."

    http://www.actionaid.org.uk/doc_lib/aamdg.pdf .
      This article describes the failure of the world community to make sufficient progress toward the Millennium Development Goals (MDGs), particularly in regard women. The report focuses on Africa , as it is the continent lagging farthest behind in the MDGs but also provides information for other regions in the Global South. It provides concrete statistics and makes recommendations for necessary actions to recover some ground striving toward the MDG targets.
  • ECA (2006). "Women's Economic Rights in Africa : Examining the Challenges." GenderNet, Issue 5.

    http://www.uneca.org/eca_programmes/acgd/Publications/GenderNet07_Issue%205.pdf .
    This is a 2006 issue of GenderNet, a journal published by the Economic Commission for Africa . The newsletter starts off with an analysis of women's economic rights as depicted in the international human rights instruments. It then looks into the extent to which women's economic and social rights are reflected and respected in national level legislation and law. It further probes into the effectiveness of enforcement of laws affecting women's rights to land, giving some country examples.
  • ECA (2008). "Tackling Women's Poverty for Economic Growth and Development." GenderNet , Issue 6.

    This edition of GenderNet closely follows the previous one, which focused on the challenges to women's economic rights in Africa . This issue examines the feminisation of poverty which is the result of denying women their economic rights. It examines the available date, but emphasises the need to conduct more thorough research into the gendered aspects of poverty in Africa . It also highlights the commitments to women's empowerment contained in the MDGs
  • Fahamu (2007). "Grace Tenacity and Eloquence: The Struggle for Women's Rights in Africa " Ed. Patrick Burnett, Shereen Karmali, Firoze Manji.

    This collection of articles contains descriptions and reports of the campaign in Africa to ratify the Protocol on the Rights of Women. The articles also describe current gender inequities and draw attention to what must continue to change. The compilation is designed as an introduction to the women's movement in sub-Saharan Africa .
  • GLTN (2008). « Le Genre et Les Instruments Fonciers Innovants. »

    http://www.gltn.net/index.php?option=com_docman&task=doc_details&Itemid=19&gid=180 .
    The enforcement of women's property rights too often fail due to the lack of tenure instruments adapted to the realities of women's lives. In spite of continuous efforts on the part of those working for women's increased access to land, existing instruments that are favourable to the rights of women are seldom systematically studied. This short article presents the goal of GLTN to systematically integrate gender into local land administration in a manner that is efficient, applicable in multiple contexts and affordable.

    http://www.gltn.net/index.php?option=com_docman&task=doc_details&Itemid=19&gid=180 .
    La mise en ouvre des droits des femmes au foncier, à la propriété et au logement se heurte trop souvent au manque d'instruments fonciers bien adaptés à la condition féminine. En dépit des efforts continus de tous ceux qui ouvrent à l'amélioration de l'accès et des droits des femmes au foncier les instruments existants favorables aux femmes font rarement l'objet d'un recensement systématique. Cet article présente l'objectif de GLTN de systématiquement intégrer le genre dans la gestion local de la terre en cherchant des stratégies efficace, applicables ailleurs et d'un coût abordable
  • Adamo, A. (2006). "Globalization, Gender and Land Tenure in the South: a Literature Review."

    https://idl-bnc.idrc.ca/dspace/bitstream/123456789/29013/1/53743.pdf
    This literature review explores the nuanced and complex relationships between globalisation, gender, land tenure and social change in the Global South. It takes into account macroeconomic processes, national and international political changes and community level changes in gender roles and relationship to land. It concludes with an emphasis on the need for more ethnographic research to explore the ways in which global changes are affecting men and women's relationships with each other and the land in their everyday lives.
  • Adams, Martin and Robin Palmer (2007).
    "Independent Review of Land Issues, Volume III, 2006-2007, Eastern and Southern Africa ."

    http://www.landcoalition.org/pdf/07_rpt_land%20issues%20E-S%20Africa.pdf
    This is the third review of its kind, tracking the progress on land rights policies in countries in southern and eastern Africa . Information from each country was collected by the editors from individuals working there and this review presents individual sections on fifteen countries, as well as three separate accounts of different regions in Sudan . The aim of the review is to inform those working with land rights as to the current status in each of these countries.
  • African Union , African Development Fund and ECA (2008).
    "Land Policy Initiative: a Framework to Strengthen Land Rights, Enhance Productivity and Secure Livelihoods: Regional Assessment on Land Policy in West Africa "

    This is the result of a consultative workshop held in Ouagadougou Burkina Faso for national governments in West Africa to develop better land policies that will ensure tenure security and thus livelihoods. The workshop focused on developing potential policies that would account for HIV/AIDS, gender biases, post-conflict contexts, the dualistic nature of land tenure, environmental sustainability and issues of state sovereignty over land.
  • Agarwal, Bina (1994). A Field of One's Own: Gender and Land Rights in South Asia . Cambridge University Press.

    This is Agarwal's definitive work on women's property rights. She argues that land rights are the single most important factor for women's empowerment. She gives a historical analysis of gender and property rights in South Asia and also analyses the present situation in terms of customary rights and statutory rights. She emphasises the urgent need for protection of women's property in statutory law, in cultural systems and in legitimate enforcing authorities. This book has been influential in the debate about women's access to land on a global scale.
  • Agarwal, Bina (2001). "Gender, Property and Land Rights: Bridging a Critical Gap in Economic Analysis and Policy." In Kelly D. Askin and Dorean M. Koening Women and International Human Rights Law, Vol. 3.

    http://books.google.com/books?hl=de&lr=&id=hvuNQkTCBKQC&oi=fnd&p.....
    Although this article focuses primarily on South Asia ( India ), Agarwal's studies and writing have been influential in the debate on gender and land access also in Africa . This article claims that land rights are the single most important aspect of women's empowerment in rural communities. Agarwal supports this claim conceptually and empirically through examples in South Asia . She emphasises the need for women to have both de facto and de jure rights over land in order to be truly empowered.
  • Amoyaw, Doris, George Benneh and Kasim Kasanga. "Land Tenure and Women's Access to Agricultural Land : A Case Study of Three Selected Districts in Ghana."

    http://waswc.erecon.jp/L-Journal/003%201-2%20BENNEH.pdf
    This is a study conducted in Ghana to investigate whether land access is in fact a major constraint to women's agricultural development as the literature suggests, as well as the extent to which legal provisions for women's access to land have had a positive impact on rural women farmers. The central claim is that secure access to land is not a major reason for women's poverty in Ghana and that the literature tends to overemphasise this issue as the main concern for rural women globally. The explicit implication of this is that the land tenure system of each country and community must be understood individually in order to implement helpful projects and legislation for the agricultural development of women.
  • Associates for Development and Centre for Basic Research (2006).
    "Gender Monitoring Baseline Survey for the Land Sector Strategic Plan in 20 Districts." Uganda Ministry of Water, Lands and Environment: Land Tenure and Reform Project.


    http://www.oxfam.org.uk/resources/learning/landrights/downloads/uganda_gender_...

    This report presents extensive and detailed results of a study conducted in 20 districts of Uganda , investigating gendered access to land. It concludes that although much progress has been made in legislation, there is a pervasive lack of political will to enforce laws designed to protect women against discrimination and to implement projects to increase women's secure access to land. Because of this, unequal land relations persist in Uganda despite the apparent positive legal environment. The study provides detailed gender disaggregated statistical information on a broad range of land related issues.
  • Benschop, Marjolein (2004). "Women's Rights to Land and Property." UN-HABITAT.

    http://www.unhabitat.org/downloads/docs/1556_72513_CSDWomen.pdf .  
    This document gives a brief overview of the persistent discrimination against women in access to and security of land tenure. It emphasises the protection of women against this form of discrimination in international treaties and agreements, but its continued existence in national policies, laws and cultural institutions. It highlights the importance of protecting especially poor women's land tenure since they depend on it for their livelihood and provides a number of considerations to ensure improvement in this area. These considerations include training of legal practitioners and officials, awareness raising and gender analysis mainstreaming in policy formulation and implementation.
  • Classens, Annika (2007). "Women and Land: Draft for Discussion at the PFOTA Workshop."

    http://womensnet.org.za/PFOA_Land.pdf

    This article discusses women's land right sin South Africa especially after the Communal Land Rights Act. It is particularly concerned with questioning the emphasis on marital co-ownership in a context where increasing amounts of women are choosing to remain single. It also discusses the value of customary law for the promotion of women's rights to land and distinguishes between codified and manipulated customary law and customary laws that are truly representative of norms on the ground. It ends with some recommendations, but strongly emphasises the need to better understand the context in which women negotiate access to land in order to support their agency and choice.
  • Crowley , Eve (2001). "Empowering Women to Achieve Food Security: Land Rights." Focus 6, Policy Brief 2 of 12. International Food Policy Research Institute.

    http://www.ifpri.org/2020/focus/focus06/focus06.pdf
    This two-page article provides a general overview of the issues concerning and impeding women's secure access to land. It then goes on to discuss possible avenues for improving tenure security, focusing attention on the advantages and disadvantages of formal and customary systems of law. It concludes with a list of groups that must be targeted and brought on board in any successful policy change to improve land security for women.
  • ECA (2003). "Land Tenure Systems and Sustainable Development in Southern Africa ."

    http://www.uneca.org/eca_resources/publications/srdcs/land_tenure_systems_and_sustainable..
    This article reports the result of a study conducted by the Economic Commission for Africa into the status of secure land tenure in the southern region of Africa . It concludes that tenure insecurity remains widespread in the area and that the lack of protection for women's land rights is a particularly urgent problem. It finds that women are discriminated against both in customary law and statutory law. It also emphasises the need to consider land tenure reform in light of environmental degradation and HIV/AIDS. It ends with a list of specific recommendations.
  • ECA (2006). "Mitigating the Impact of HIV/AIDS on Smallholder Agriculture, Food Security and Rurual Livelihoods in Southern Africa : Challenges and Action Plan."

    http://www.uneca.org/sros/sa/publications/HIV-AIDSandAgriculture.pdf
    In light of the high HIV/AIDS prevalence in Southern Africa , the purpose of this report is to provide documentation and begin dissemination of interventions to mitigate the impact of HIV/AIDS on smallholder agricultural production and food security. The report indicates the efforts that have been made to mitigate the effect of the disease on food security, including providing agricultural inputs and technology as well as strengthening the land rights of widows and orphans. The report also identifies challenges facing these efforts, highlighting lack of information and networking as well as the government's lack of political will and attention to policies affecting HIV/AIDS.
  • Gawaya, Rose (2008). "Investing in women farmers to eliminate food insecurity in southern Africa: policy-related research from Mozambique ."
    Gender and Development.
    Vol, 16, No. 11.


    http://www.informaworld.com/smpp/content?content=10.1080/13552070701876367

    About 70 per cent of the population in Southern Africa depends on agriculture as the main source of food, income, and employment. Women produce an estimated 70 per cent of the food in the region. Recent studies have pointed to governments' failure to invest in women farmers as one of the major contributing factors to food insecurity in Southern Africa (Drimmie and Mousseaux 2004). This article shares the findings of some Oxfam GB research, conducted in 2006, into government policy towards women farmers in Southern Africa . It focuses on Mozambique .
  • Hatcher, Jeffrey, Laura Meggiolaro, Catia-Isabel Santonico Ferrer and Magdalena Anna Kropiwnika (2005). "Cultivating Women's Rights for Access to Land." Action Aid International.

    http://www.fao.org/righttofood/KC/downloads/vl/docs/AH432.pdf

    This report provides detailed summaries of the history and current status of land access and its relationship to gender in ten different countries, including the six African countries Burkina Faso , Ethiopia , Ghana , Malawi , Mozambique and Uganda . At the end of each summary, there is a list of brief recommendations for increased gender-equity as well as a list of key references for further reading. The report concludes with a general, global overview of the issues impeding women's access to land and gives general recommendations for policy changes and lastly identifies critical areas for further research.
  • Izumi, Kaori (2007). "Gender Based Violence and Property Grabbing in Africa: a Denial of Women's Security and Liberty ."
    Gender and Development.
    Vol. 15, No. 1. pp. 11-23.


    http://publications.oxfam.org.uk/oxfam/display.asp?ISBN=9780855986025

    This article describes the pervasive grabbing of women's property throughout eastern and southern Africa as a form of gender based violence. It includes a discussion of HIV/AIDS and women's property rights, the customary norms governing women's rights and the potential of statutory law to effectively tackle the issue as well as testimonies and stories by widows and grassroots NGOs. The article ends with a few recommendations, emphasising the need to empower and inform the women themselves of their rights.
  • Lastarria-Cornhiel (1997). "The Impact of Privatization on Gender and Property Rights in Africa ."
    World Development. Vol. 25, No. 8. pp. 1317-1333.


    http://www.sciencedirect.com/science/article/B6VC6-3SX1GPR-C/2/b9cec3a638167c8c..

    This article critically considers the effects of privatization on women's property rights in Africa . She argues that policies that have sought to provide official title to owners of land in order to increase incentives for investment and allow access to credit, have benefited the more powerful male household heads and have deprived women of the rights to land that they were previously able to negotiate. Women are therefore excluded from the land market.
  • Manji, Ambreena (2002). "The World Bank's Policy Research Report 'Land Policy for Pro-poor Development' a Gender Analysis." Paper Prepared in Response to the Publication of the World Bank Report.

    http://www.oxfam.org.uk/what_we_do/issues/livelihoods/landrights/downloads/manji\prr.rtf

    This paper is a response to the World Bank's report on land policy for pro-poor development. It compares the current (2002) report with its predecessor in terms of its attention to women and acknowledges that some progress has been made, if simply in the acknowledgment that gender is an important consideration in land tenure policy. Manji maintains however, that the primary aim of this report and of the World Bank in general is to create an environment conducive to a capitalist market, and not in fact to promote and protect the interests of the poor. She criticises the report for its assumption that women should provide free labour and carry the risks of investment on family farms. The paper provides useful analytical tools for evaluating also other policies.
  • Meinzen-Dick, Ruth, Lynn R. Brown, Hilary Sims Feldstein and Agnes R. Quisumbing (1997). Gender, Property Rights and Natural Resources. International Food Policy Research Institute. Washington, USA.

    http://www.ifpri.org/divs/fcnd/dp/papers/dp29.pdf
    The purpose of this article is to cast a gender analysis lens on the allocation and determinants of property rights to natural resources. It gives a general overview of the ways in which women and men gain access to natural resources - land, water and trees - as well as the consequences and benefits of various kinds of access and control. It makes nuanced, general claims by drawing on examples from Africa, Asia and Latin America and concludes by emphasising the importance for policy makers to be aware of the complex gendered implications of potential policy changes as concerns access and control of natural resources.
  • Palmer, Robin (2007). "Literature Review of Governance and Secure Access to Land." North South Consultants Exchange .

    http://www.landcoalition.org/pdf/07_rpt_gov_land_acc.pdf
    In this article, Robin Palmer argues that good governance is key to improving security in access to land. The article does not specifically concern women's access to land, but refers to this issue throughout the text. As the article is a literature review, Palmer articulates and quotes the positions and insights of various actors concerning access to land and its linkage to good governance as well as providing his own, informed commentary.
  • Peters, Pauline E (2004). "Inequality and Social Conflict Over Land in Africa ."
    Journal of Agrarian Change.
    Vol. 4, No. 3. pp 269-314.


    http://www.blackwell-synergy.com/action/showPdf?submitPDF=Full+Text+PDF+%28491+KB%29&doi=..

    Peters criticizes the current tendency in the literature concerning property rights in Africa , to laud the perceived flexibility and negotiability of local land allocation and adjudication. She suggests that closer attention must be paid to those who benefit and those who lose in these flexible arrangements so as to understand the social change and class formations that are taking place. In turn, this must be situated in a broader national and international context. The article does not specifically concern women's property rights, but as women are often presented as those who benefit from the negotiability of customary law, the article is very pertinent to their concerns.
  • Platteau, Jean-Philippe (1995). "Reforming Land Rights in Sub-Saharan Africa : Issues of Efficiency and Equity." UNRISD.

    http://se1.isn.ch/serviceengine/FileContent?serviceID=7&fileid=C3657961-73D9-B83..
    This article considers the advantages and disadvantages of formal privatization in the African land context from an economic point of view. Platteau argues that privatization does not necessarily result in increased productivity and investment and may have adverse effects on the social fabric of the community. He claims that the elite members of the community who are able to benefit from formal title are unlikely to invest efficiently in the land and that those who do not benefit are unlikely to receive compensation. He instead recommends the governments rely on the local land arrangements already in existence, taking advantage of its flexibility and intervening only where its management is inefficient and inequitable.
  • Status of Women Canada (1998). "Gender-Based Analysis: A Guide for Policy Making." Working Paper.

    http://www.swc-cfc.gc.ca/pubs/gbaguide/gbaguide_e.pdf
    .  
    This document was written in response to Canadian legislation requiring all government departments to conduct gender analysis. It provides a conceptual framework for engaging in gender analysis and seeks to facilitate the adoption of policy and legislation that will promote gender equity. The guide is written specifically for the Canadian context but the concepts discussed are relevant to gender-analysis globally.
  • Swedish Ministry of Foreign Affairs (2004). "Power and Priveleges - on Gender Discrimination and Poverty."

    http://www.sweden.gov.se/content/1/c6/04/11/69/2cc4ab55.pdf
    .  
    This report is the result of a study conducted to investigate the current state of knowledge on the gendered aspects of poverty as well as the extent to which the knowledge is applied in development practice. It emphasises the unequal power-structures that have made possible to feminisation of poverty, stressing also evidence that development work has largely targeted men. In light of the recent Government Bill 2002/03:122 which acknowledges the equality of all people, it calls for renewed commitment to women and men's poverty alleviation, paying particular attention to women's experience of poverty and unequal power structures.
  • Uganda Ministry of Lands, Housing and Urban Development (2007). "Drafting the National Land Policy: Emerging Issues for Public Consultation with Policy Options."

    This document is part of the development of a National Land Policy in Uganda . It outlines the need for a new land policy, stressing the centrality of land for development and specifically discusses the policies that are on the table to ensure increased equity (including gender equity), increased development, and increased sustainability. The report also considers the implications of land for poverty alleviation and peace promotion.
  • UNRISD (2006). "Land Tenure Reform and Gender Equality."

    This report explores the degree to which women's interests have been protected and advanced in the recent surge of land reform in the Global South. It considers the neo-liberal programs that have aimed at titling to improve tenure security and thus agricultural productivity and investment. It also acknowledges the growth and influence of women's movements as a strong factor in recent reforms and examines their effect on policies.
  • Varley, Anne. "Gender and Property Formalization: Conventional and Alternative Approaches." World Development. Vol. 35, No. 10.

    http://www.sciencedirect.com/science/journal/0305750X
    This article critically considers efforts to provide gender equality in access to and ownership of land. It is sceptical both of programs delivering formal titles and programs that seek to strengthen women's land access within customary law. It claims that affirmative action is necessary to achieve gender equity in property rights and that both formal and informal channels should be used simultaneously without an idealised assumption that either will fully resolve the issue.
  • Walker, Cheryl (2002). "Land Reform in Southern and Eastern Africa : Key Issues for Strengthening Women's Access to Land . " Commissioned by FAO.

    http://www.oxfam.org.uk/what_we_do/issues/livelihoods/landrights/downloads/acces\srtf.rtf
    This report is the result of a literature review study conducted to explore the area of women's access to land in East and South Africa and to suggest areas for further research. It provides a historical and current overview of land policies, and situates the question of women's access to land within this broader context, considering also its cultural context, its socio-economic implications and its relationship to HIV/ AIDS . The report then discusses the various approaches taken for land reform in these areas, and the implications for women in policies that strengthen customary/communal systems and those that seek to implement a more formal/individualised system. The report presents four case studies from Kenya , South Africa , Uganda and Zimbabwe and ends with a list of recommendations for future research and policies in the region.
  • Walker, Cheryl (2003). "Piety in the Sky: Gender Policy and Land Reform in South Africa ." Journal of Agrarian Change . Vol. 3, No.s 1and 2. pp. 113-148.

    http://www.blackwell-synergy.com/doi/pdf/10.1111/1471-0366.00052
    This article specifically concerns South Africa . It discusses the disjuncture between formal government commitments to gender equity in land access, specifically the Land Reform Gender Policy of 1997, and the poor practical implementation of these commitments. Walker identifies the lack of analytical understanding of the South African context coupled with a reliance on the theories of outside, foreign experts as well as a lack of political accountability as reasons for this disparity. She does however acknowledge the positive results for those women who have benefited from the policy.
  • World Bank (2005). "Gender Issues and Best Practices in Land Administration Projects."

    http://lnweb18.worldbank.org/ESSD/ardext.nsf/11ByDocName/GenderIssuesandBest....
    This report sets out to emphasise and illustrate the importance of taking gender into account when implementing land administration projects. It acknowledges the detrimental effects of previous programs, especially the titling projects of the 80s and 90s that failed to do so. It highlights the areas in which women will be vulnerable to land tenure insecurity, including registration, access to adjudication channels and unequal inheritance and divorce laws. The report then makes recommendations for future programs, emphasising the need for a thorough understanding of gender relationships and land ownership before implementation as well as monitoring throughout the project.
  • Yngstrom, Ingrid (2002). "Women Wives and Land Rights in Africa : Situating Gender Beyond the Household in the Debate over Land Policy and Changing Tenure Systems." Oxford Development Studies . Vol. 30, No. 1. 2002.

    http://www.oxfam.org.uk/what_we_do/issues/livelihoods/landrights/downloads/iyngs\trom.pdf

    In this article, Yngstrom questions the simplistic treatment of women's secure access to land as dependent on their identities as wives. She claims that the dominant evolutionary theory of land tenure in Africa fails to take into account multiple trajectories of transformation and therefore ignores women as agents, relegating them to secondary roles dependent on men. She uses a case-study from Tanzania to illustrate the complexities of implementing policies that will actually benefit women's access to land. She favours a legal-reform approach that focuses on family law, such as inheritance and marriage laws, over land-titling approaches.  
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