The United Nations recognizes women’s land rights as a human right. The ability women have to access and own land contribute to empowerment, development, sustainability and democracy for a nation. Yet many women around the world have been denied land, property, and housing rights. Less than 20% of women in the world are landholders. As part of my experience with the CBA Young Lawyers International Program, I had the opportunity to analyze womens’s land rights in over 15 countries and noticed similar trends.
Gender inequality in land rights is rooted in colonialism and patriarchic attitudes. Indigenous people have been dispossessed of land while other racialized groups were denied opportunities to own land. Laws created by male policy-makers historically favoured the property rights of men and viewed women as minors. As the recognition of women’s rights progresses, more governments and organizations are taking action to implement gender equality in land reform. However, societal norms and discriminatory laws continue to perpetuate inequalities for women from different backgrounds. Married women struggle to obtain separate land rights from their husbands. Widows and unmarried women have been forced to leave their homes by male relatives once their husbands or parents die. Women may also be forced to leave upon breakdown of a relationship.
In the years following the end of apartheid in South Africa, various legislations affirm women have equal land and property rights to men. Land redistribution programs have categorized women as one of the preferential target groups. In certain communities, traditional leaders are allocating single mothers and widows land plots. However, the failure to implement and monitor programs leave Black South African women in a vulnerable position. In many traditional communities, women’s access to land continues to be dictated through relationships with male relatives who are considered the head of household. Land redistribution and housing allocations projects are subject to corruption where land designated for women are being diverted to the elite. Poor women are unable to access these programs due to the difficulty accessing information, problems securing financing without outside assistance, backlash from men in the community, and the risk of divesting the few resources they have into the program.
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