Human rights, formalisation and women’s land rights in southern and eastern Africa
2005
I. Ikdahl | A. Hellum | R. Kaarhus | T. Benjaminsen | P. Kameri-Mbote
Land is a vital resource for rural livelihoods. Establishing and clarifying land rights through formalisation has become a key issue in development policies that aim to promote more productive uses of land. This report sets out a human rights-based approach (HRBA) for gender-equal and non-discriminatory land reform. The overall aim of this report is to make a contribution to the operationalisation of the HRBA.Examining case studies from Tanzania, Mozambique, South Africa, Zimbabwe, and Kenya, this paper covers topics including:different approaches to formalisation in different historical periods to date, starting with a discussion of the concept itselfthe human rights-based approach to development, developed in relation to women’s land rightsan analysis of the approach to land policy found in the 2003 World Bank reportto what extent are international and national formalisation initiatives consonant with international human rights standards.The paper concludes by addressing some cross-cutting issues concerning the approach’s efficacy and adequacy at the international, national and local levels. The authors find that neither laws prohibiting discrimination nor redistribution of land is in itself sufficient to secure substantive equality. To ensure the ability of married, single, divorced and widowed women to register, secure and use their land on an equal footing with men, long-term political and economic commitment is required, not only involving rights education, but also access to agricultural inputs. To facilitate the development of pro-poor and gender sensitive land policies a human rights-based approach must be linked to agricultural policies and extension services.
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