Women's Land Tenure Framework for Analysis: Land Rights

Page Contents

This page will highlight a few areas for analysis.

To jump to one of the sections on this page use the below links:

• Legitimacy
• Vulnerability
• Enforcement

Legitimacy

• Does the customary land governance system recognize women’s rights to own land?

• Under what circumstances? (What if a woman is married, single, divorced, widowed, remarried, has children out of wedlock or children from a former marriage?)

• What is the nature and scope of this right? Is it different from the rights of similarly situated men?

• Does the customary land governance system recognize women’s rights to make land-related decisions?

• Under what circumstances? (What if a woman is married, single, divorced, widowed, remarried, has children out of wedlock or children from a former marriage?)

• What is the nature and scope of this right? Is it different from the rights of similarly situated men?

• Does the customary land governance system recognize women’s rights to use land?

• Under what circumstances? (What if a woman is married, single, divorced, widowed, remarried, has children out of wedlock or children from a former marriage?)

• What is the nature and scope of this right? Is it different from the rights of similarly situated men?

• Does the customary land governance system recognize women’s rights to exercise decisions over land and income from the land?

• Under what circumstances? (What if a woman is married, single, divorced, widowed, remarried, has children out of wedlock or children from a former marriage?)

• What is the nature and scope of this right? Is it different from the rights of similarly situated men?

• Is the ethnic or tribal group matrilineal or patrilineal?

• Is the ethnic or tribal group matrilocal or patrilocal?

• *Is polygamy practiced?

• *If yes, do wives live separately or together with their husbands? Does each wife live in her own house, or is there another arrangement?

• *Does each wife have her own piece of land allocated for her use?

• *Are there any restrictions on polygamy (e.g. number of wives, religion practiced, etc.)?

• Who decides when and whom a person should marry?

• Is dowry or brideprice practiced and what are the property rights related implications of those practices?

• Who receives dowry/brideprice?

• What is the common value of bride price? Does it ever include land?

• Who determines the amount?

• Do men bring land and/or housing or movable propertyto a new marriage? 

• Are men allocated land by their families upon marriage?  Are women?

• How are land rights allocated within marriage?

• When a couple marries, do they keep separate control over the land they brought to the marriage?

• If new land is purchased during marriage, who does it belong to?

Vulnerability

• At what age do girls customarily marry?

• Does it make a difference whether they are rich or poor?

• Does the age of marriage influence the dowry or brideprice amount?

• What must occur for a marriage to be considered finalized under customary law? (i.e. brideprice must be paid, dowry must be given, etc.)

• Are there marriages that are not solemnized by customary rights?  Are there property rights implications for these kinds of relationships?

• What happens when marriage ends because of separation or divorce?

• Can a women return to her parents’ home?  Can she remain on her husband's land?

• Does it matter whether or not she has children?

• Does it matter whether the children are girls or boys?
• Their age?  Are the children still considered part of the husband's tribe/clan?

• If she has to return to parent's home, is land allocated to her there?  By whom?

• Do women who leave their husbands receive any land from his family?

• Do they receive any other property or assets? 

• Who decides this (e.g. husband, judge, tribal leader, etc.)?

• Is this decision appealable?

• What is the process a woman has to go through to receive land if she leaves her husband? What about with other property/assets?

• Does her family have to return the brideprice?

• Does this differ if she is the first wife, the second wife, or a later wife?

• Does it change if she has children? Sons? Daughters only?

• Do any answers change if the marriage was not solemnized under customary rites?

Enforcement

• Do women know their rights under customary law?

• Who do women go to first when they have a land related dispute on customary land?

• What is the basic system for resolving disputes on customary land?

• Formal court?  Which level?

• Tribal or customary court?

• Elders?

• Are women able to access all enforcement institutions?

• What are the barriers women face in resolving disputes on customary land? 

• Possible barriers include: costs associated with dispute resolution, location and hours of dispute resolution or enforcement bodies, comfort dealing with these systems, social barriers, complexity of paperwork requirements, etc.

• Where do women usually go first when they have a land dispute?  Are there informal steps that she might take first, even before going to local authorities or traditional dispute resolution actors?

• Is it likely that a dispute will be resolved in favor of a woman?

• What are some of the social costs that women may face in terms of seeking to enforce rights to customary land?

• Which dispute resolution actors know and/or support women’s rights?