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Enhancing Customary Justice Systems in the Mau Forest, Kenya: Impact Evaluation Report

Full citation: Freudenburg, M., & Santos, F. (2013). “Enhancing Customary Justice Systems in the Mau Forest, Kenya: Impact Evaluation Report.” USAID. - This paper evaluates a project which piloted an approach for improving women’s access to justice, particularly related to women’s land rights, by enhancing the customary justice system in one target area: Ol Pusimoru sub-location, Mau Forest, Kenya. The Justice Project consisted of: (1) delivery of a training curriculum to targeted groups (Chiefs, Elders, women and youth) focused on civic education, legal literacy, rights and responsibilities related to land and forest resources (with special emphasis on rights of women and children), and skill-building; (2) facilitated community conversations with target groups; (3) peer training for targeted groups to share information with others in the community; and (4) public information and education activities to reach the broader community.
The evaluation found improvements in legal awareness, particularly women’s legal knowledge, men’s knowledge of women’s rights, and women’s familiarity with the local justice system and alternative dispute resolution; women’s confidence in both fairness and outcomes if they need to access the local justice system, and procedural and process improvements in local dispute resolution institutions; respect for women’s rights by men in the community; increased access to land by women; improvements in women’s perceptions that they have access to an appropriate forum for dispute resolution; improvements in women’s land rights and tenure security, particularly in men’s expressed intentions to leave equal inheritance to all children, including girls, and women’s confidence in their ability to protect their land rights with support from local institutions; increased perceptions by women of improvements in the promptness and affordability of the local justice system and in Chiefs and Elders’ knowledge of the Constitution. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Kenya
Creator:
Freudenburg, M., & Santos, F.
Year:
2013

On the Edge of the Law: Women's Property Rights and Dispute Resolution in Kisii, Kenya

Full citation: Henrysson, E. and Joireman, S. (2009). “On the Edge of the Law: Women's Property Rights and Dispute Resolution in Kisii, Kenya.” Law Society Review 43(1), 39-60. - This study used interviews and focus groups to explore property disputes and perceptions of formal and customary systems of dispute resolution. The initial interviews were structured and conducted with various groups and individuals.

In Kenya, government efforts at establishing clearly defined property rights and adjudication mechanisms have run up against alternative processes for the adjudication of disputes. This research demonstrates that customary processes may also carry a monetary cost that puts them beyond the means of many citizens. This article compares the costs and processes of the formal and informal methods of property rights adjudication for women in the Kisii region of Kenya. The research results suggest that women have weak property rights overall, they have limited access to formal dispute resolution systems because of costs involved, and even the informal systems of conflict resolution are beyond the means of many citizens.

Attempts to maintain use rights over their land when widowed or divorced are not taken to the land tribunals because of the expense involved. Pursuing the resolution of disputes through the customary system is also prohibitively expensive. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Kenya
Creator:
Henrysson, E. and Joireman, S.
Year:
2009

Towards Customary Legal Empowerment in Namibia: Enhancing gender equality in customary justice systems

Full citation: Ubink, J.M. (2011). “Towards Customary Legal Empowerment in Namibia: Enhancing gender equality in customary justice systems.” International Development Law Organisation. - In Namibia, national authorities have made various interventions aimed at enhancing the functioning of customary law and traditional leadership. These efforts include both the creation of institutional linkages as well as community-based activities. One issue has been the position of women under customary law, and especially the fact that widows often have no rights to their deceased husbands’ lands. At a workshop, the traditional leaders present unanimously decided that widows should not be chased from their lands or out of their homes and that they should not be asked to pay again for the land. The president of the country was also a proponent of the change. This research found that this statement led to positive change. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Namibia
Creator:
Ubink, J.M.
Year:
2011

Empowering Widows: An Overview of policies and programmes in India, Nepal and Sri Lanka

Full citation: UN Women. (2014). “Empowering Widows: An Overview of policies and programmes in India, Nepal and Sri Lanka.”
- This paper finds that strengthening engagement with civil society in the implementation of government programs results in a more enabling environment for widows to claim services, including land rights. Focus group discussions in India and Nepal showed that widows who were a part of this collaborative effort were more articulate, confident and aware of their rights. This played an important role in helping them claim their entitlements, including land rights. In Sri Lanka, widows have been able to take advantage of government programs for capacity building and skills training due to the partnership between the government and the groups working with widows. In the process, many widows have become agents of change in their community. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries, Sri Lanka, Nepal, India
Creator:
UN Women
Year:
2014

Key Points and Conclusions from the Women's Land Rights Research Consortium Expert Group Meeting

This Synthesis Report covers key points and gaps identified in the annotated bibliography, research themes and questions, which were discussed with and supplemented by the expert group. It also includes a list of other observations made at the expert group meeting related to laying the foundation for the Research Consortium as it begins activities and provides an overview of the communications assessment and needs uncovered in the participant survey and in subsequent discussion by the expert group.

Collection Type:
Articles
Country:
Multiple Countries
Creator:
Scalise, E.
Year:
2016

Inheritance Customs and Agricultural Investment

Full citation: Dillon, B., & Voena, A. (2017). Inheritance Customs and Agricultural Investment (January 18, 2017).

Collection Type:
Articles
Country:
Zambia
Creator:
Dillon, B., & Voena, A.
Year:
2017

Nigeria: A compilation of constitution, statutes, regulations, bye-laws, policies & practices relating to the statuses of women

Research Document – URL link has the following: Cover Page - A compilation of constitution, statutes, regulations, bye-laws, policies & practices relating to the statuses of women. Guidelines and Strategic Implementation Plan. National Distribution of 2007 and 2011 female candidates across political parties. Part 1 - A compilation of constitution, statutes, regulations, bye-laws, policies & practices relating to the statuses of women. Part ii - A compilation of constitution, statutes, regulations, bye-laws, policies & practices relating to the statuses of women and children, applicable in Nigeria.

Collection Type:
Legal Research Resources
Country:
Nigeria
Creator:
National Centre for Women Development
Year:
2005

Legal pluralism and dynamic property rights

Full citation: Meinzen-Dick, R.S., and R. Pradhan. (2002). Legal pluralism and dynamic property rights. CAPRi Working Paper 22. Washington, DC: International Food Policy Research Institute.

Collection Type:
Articles
Country:
Multiple Countries
Creator:
Meinzen-Dick, R.S., and R. Pradhan
Year:
2002

Indigenous Peoples and local communities land rights toolkit

"This toolkit gathers together information on ten tools that have been successfully used by members of the International Land Coalition (ILC) to promote, protect and strengthen indigenous peoples’ and local communities’ land rights. It is intended to facilitate mutual learning based on the good practices of specific ILC members."

Collection Type:
Articles
Country:
Multiple Countries
Creator:
International Land Coalition (ILC)
Year:
2019

Malawi Customary Land Act

An Act to provide for the management and administration of customary land and for matters connected therewith and incidental thereto.

Collection Type:
Legal Materials
Country:
Malawi
Creator:
Government of Malawi
Year:
2016