This chapter discusses the key findings of the study (6.1), presents an overview of factors that affect men’s and women’s access to and control over land in the Volta Region (6.2). In addition, recommendations are made to increase their access to and control over land (6.3).
The key findings were based on the outcomes of 300 questionnaires administered in seven districts located in the Volta Region of Ghana and focus group discussions held with traditional rulers, opinion leaders, teachers and community members.
Importance of the farm sector
The study confirmed that farming activities were the main source of income in the Volta Region, a region that is well known for both its food and cash crop production. Most of the crops grown were partially sold and partially consumed by the household. Many households, however, were experiencing problems in accommodating the nutritional needs of the household due to an increased competition for farm land, an increased migration of young farm labourers to urban areas, a change of farming systems, an increased cultivation of less nutritional crops, a decrease in productivity due to a lack of credit among farmers and increased laziness among men.
Sources of credit used for farming activities
Farming activities were mainly financed by the farmers themselves, followed by monies received from spouses, moneylenders, relatives and friends. Women often financed their farming activities with funds obtained through trading activities. Remarkably few farmers used formal financial institutions, local saving groups and/or Community Based Organisations to finance their farming activities. Incomes derived through farming activities were mainly spent on the education of children, the purchase of food and clothing, an expansion of farming activities and health care.
Gender division of labour
A clear division of labour existed with regard to farming activities performed by men, women and children. Men were actively involved in land clearing, land preparation and planting cash crops, whereas women were more involved in activities such as planting food crops, watering the crops, storage and food processing. Children were responsible for chasing away birds and rodents, whereas all parties were engaged in activities such as weeding and harvesting.
Men generally allocated more hours to farming activities than women did. Women, however, were responsible for a larger number of reproductive activities performed in and around the house, in addition to their productive and community management activities. As a result, women performed more tasks, had greater responsibilities and worked longer hours than men.
The intercropping of cash and food crops by women on their husbands’ farm plot(s) was a common practice observed in the Region. Women generally controlled the incomes derived from this activity. In addition, they often assisted their husbands in farming activities on his farm plot(s). This obligation had shifted from being a legal obligation (i.e. according to traditional law) to more of a moral or economic obligation. Most women were compensated for their assistance either in cash or in kind, but few were of the opinion that they were sufficiently compensated for their hard work, as they were seldom given fixed assets. Men, on the other hand, seldom assisted their wives on her farm plot(s).
A small number of men and women worked as farm labourers on the fields of others. Although male and female farm labourers were said to receive equal pay for a day’s work, the study showed that male labourers received higher daily wages as compared to female labourers. The difference was ascribed to the tougher tasks performed by men and their longer working hours.
Changing roles and responsibilities of women in the farm sector
The study revealed that women’s roles and responsibilities had increased in the farm sector since independence. This was ascribed to changes in the gender division of labour, an increased involvement of male household members in non-farm activities, increased financial and nutritional needs of the household, and the desire of women to become economically independent. Women had become increasingly involved in both cash and food crop production, and farm related trading activities. Their greater involvement in cash crop production was remarkable because this activity was traditionally only open to men as it could increase one’s ownership rights to the land. It was feared that if women were to obtain such rights, land could be lost to another clan or lineage in case of marriage. The increased need for labour paved the way for an increased involvement of women in cash crop farming, thus making their involvement socially acceptable. Their greater involvement in food crop production was ascribed to an increased need of households to become self-supporting, an increased demand for their labour to meet the financial and nutritional demands of the household, the unsuitability of the land for cash crop production and the shorter production cycles of food crops.
Access to land[23]
The median size of farmlands cultivated by households in the study area was three acres. The largest median sizes were observed in the Kadjebi district, the smallest in the Kpando and Keta districts. These differences were related to variances in population densities in the districts and the availability of land suitable for farming activities.
Most respondents were of the opinion that men and women had equal access to land in their communities, as the land use rights of lineage, clan and stool lands were open to both sexes. Further questioning, however, revealed that women’s access rights were less equal than initially assumed, as their rights were generally secondary rights. Those who indicated that men had greater access to land explained that men were traditionally considered to be the custodians of family property and the patrilineal inheritance system, the dominant inheritance system applied in the Volta Region, favoured men over women in terms of land acquisition.
Access rights of different categories of women to land
Differences in access rights to land were observed, not only between women and men, but also between women. The study revealed that the access rights of widows with children and biological daughters were slightly more secure than those of step or adopted daughters, widows without children, women with physical disabilities and women involved in a consensual relationship. Access rights of all categories, however, strongly depended on the presence of a father or husband and/or their relationships with his relatives. Many women feared that they would be among the first to loose their access rights to land if the demand for land continued to increase, making them not only vulnerable in terms of opportunities to generate an income but also in terms of food security. A comparison of the perceptions of men and women with regard to women’s access rights to land revealed that men generally had a more positive view of their rights.
Impact of marriage on access to land
The study showed that marriage had a strong impact on especially women’s access rights to land among the patrilineal societies studied. Women generally gained (secondary) access rights to their husbands’ land through marriage, but lost (primary) access rights to their own lineage land at the same time. Women’s inabilities to retain control over their own lineage land after marriage were persistently seen as a source of insecurity to women. It was therefore recommended that women had to try to maintain access to their lineage land, for example, by renting the land out or by planting cash crops. By doing so, women would not have to “re-apply” for land upon return to their own lineage in the case of widowhood or divorce.
Common means of acquiring land
Most households acquired land through male household members, mostly through inheritance from a father. In cases where female household members had acquired land it was usually through inheritance from a mother or through the allocation of land by a spouse. Most of the households who had obtained land through inheritance from a mother were located in the Kadjebi district and Keta district. This could be related to the presence of migrants originating from matrilineal societies in the former district and the existence of grandma lands in the latter district. Stool lands were never directly allocated to women and none of the households had acquired land through the clearance of virgin forestland or through State interventions. Very few households had obtained land through purchase, although this was also mentioned as a common means for acquiring land in the communities studied. According to the respondents it was easier to buy land in the Central and Southern districts than in the more traditional districts Northern districts.
Most of the respondents claimed that men and women had equal opportunities to buy land, as it mainly depended on the financial standings of the individuals. Those who indicated that it was easier for men to buy land ascribed this to the fact that traditionally men had the right to own land, also men were richer than women and women were more interested in acquiring personal effects rather than land. A few respondents indicated that it was easier for women to buy land with funds obtained through their trading activities. Men generally had a more positive view of women’s abilities to purchase land compared to women.
Control over land[24]
While most men and women had access to land, few actually had control over the land they cultivated, as this was strongly linked to land ownership. Land ownership was largely vested in lineages, clans and family units. Differences, however, could be observed between the sub-regions, districts and communities due to variations in social, economic, cultural, ethic, historic, demographic and political developments. Family units owned most of the land in Hohoe, Ho and Keta districts, whereas clans/lineages owned most of the land in the Kadjebi, Jasikan, Kpando and South Tongu districts. Stool lands were common in especially the Kadjebi district.
Control over land was largely ascribed to men by lineage, clan or stool heads due to the higher status allocated to them by society, the advantages accorded to men through the patrilineal descent system, the leadership roles executed by men at the household and community level, and their relatively better financial positions. Furthermore, men had greater means of acquiring land through inheritance because the patrilineal inheritance system favoured men over women.
Traditional barriers to women’s acquisition of land were beginning to break down in the Region. An increase was observed in land ownership among women within the communities studied due to an increased purchase of land by women and an increased receipt of land by women as gifts from parents, grandparents and/or spouses. Land ownership among women, however, was still an exception rather than the rule.
Decision-making and leadership
Men strongly dominated decision-making processes and leadership in the Region. They were seen as natural leaders, whereas women were considered to be too weak and vulnerable to be good leaders or major decision-makers. These perceptions down played the important roles played by women in the Volta Region, often on the background, in decision-making and their capabilities of becoming successful leaders and major decision-makers. An appeal was made to give women a chance to demonstrate their capabilities rather than suppress them based on unproven assumptions. Furthermore, women were encouraged to organise themselves in their fight for a greater recognition of their capacities as leaders and for a greater involvement in decision-making processes at all levels.
Very few changes had been observed among the communities studied in terms of leadership and decision-making. It appeared that male dominance in leadership and decision-making is considered to be a fundamental principle of daily life either because change was not considered necessary or because it was considered to be too difficult to change existing traditions.
Decisions concerning communal land were generally taken by men at lineage, clan or stool meetings where women seldom participated, and if at all, only as listeners or resource persons. Decisions on what crops to grow were generally made by both men and women. Whether these decisions were pursued strongly depended on their access to resources, such as credit, labour and land.
Changes in access to and control over land
Land was commonly obtained in the Volta Region through conquest or appropriation under the leadership of the stool, clan or lineage heads. Colonial rule introduced land policies based on land demarcations, compulsory acquisition, and cash crop production. As a result land ownership shifted from communal to individual land ownership, thus breaking down traditional systems that provided security to vulnerable groups in society, such as women and the poor. This development continued after independence due to population increases and an increased commercialisation and intensification of the farming sector.
Most respondents indicated that there had been no specific changes in women’s access to and control over land since independence. A few (mainly men and respondents from the Northern zone) noted an increase in their access and control as women had obtained increased opportunities to buy land, their involvement in agricultural activities had increased, women had become more empowered and communities had become more gender sensitive. Others (mainly women and respondents from the Southern zone) noted a decrease in women’s access to and control over land due to a decreased availability of land. This was ascribed to increasing population pressures, the fact that the patrilineal inheritance system favoured men over women, and the increased competition between men and women to obtain access to and control over land.
Security of land tenure and agricultural productivity
Most respondents indicated that if women were to obtain greater access to and control over land, it would have a positive impact on the (i) household food supply, (ii) household income and (iii) family welfare, due to their increased agricultural productivity. In addition, more secure land rights would give the users of the land greater control over their labour, a rational to invest (short and long term investments) in the land and crops, access to extension services, access to credit and inputs, bargaining power, and a higher status within the community. It was noted, however, that if women were to effectively and substantially increase their productivity, they also required greater access to and control over other resources, such as agricultural inputs, credit, knowledge, information and labour.
Customary inheritance practices
Access to and control over land was strongly determined in the Volta Region by customary inheritance practices, which were largely defined by tradition, family heads, and lineage/clan leaders. The patrilineal inheritance system was the dominant inheritance system applied by all the communities studied, even amongst migrants from matrilineal societies.
In theory men and women could equally benefit from land inheritance under customary law. However, in practice men were favoured over women. This bias was related to the fact that land, being a priceless commodity, was vested in men as they were considered to be responsible for the welfare of the household and community, as well as the continuity of the descent group. The main reason for restricting women’s land rights was to avoid loosing land to another clan or lineage through marriage. In addition, lineage, clan and stool heads preferred to give land to people (generally men) who had assisted in land clearing activities or who were willing to grow cash crops. In addition, it was said that women had fewer opportunities to develop their farms due to time and financial constraints.
Perceptions of the customary inheritance system
Men have historically determined traditions related to property distribution in the Volta Region and remain the dominant force in maintaining these traditions through their decision-making powers. They were generally of the opinion that the customary inheritance system was good as it ensured equal access rights to family property for everyone. A large number of female respondents, however, indicated that the system could be/needed to be improved, as it favoured men over women and children.
Few changes were noted with regard to the inheritance rights of women, as customary inheritance practices had remained much the same. Many ascribed this to the fact that the system was fair and therefore there hadn’t been a need for change. Few respondents, especially men, indicated that women had obtained greater inheritance rights because opportunities had increased for them to inherit property under their names, women had become more aware of their rights due to the Intestate Succession Law and there was an increased awareness among communities for gender equality. Others, especially women, indicated that women’s inheritance rights had worsened as the discrimination against women had increased.
Although most respondents did not approve of the fact that the customary inheritance practices excluded some categories of women from land inheritance, this practice did not seem to be significant enough to initiate changes to the system.
Knowledge of relevant legislations affecting land in Ghana
The study registered low levels of knowledge, among both men and women, of relevant laws affecting land in Ghana[25]. This applied to all the sub regions and all the laws discussed. Male respondents generally had more knowledge of the laws compared to female respondents. In addition, educated respondents who had completed secondary school were more aware of the contents of the laws, probably due to their greater access to and understanding of written documentation on the laws discussed. The Intestate Succession Law and 1992 Constitution of Ghana were the best-known laws among both male and female respondents, whereas the Administration of Estates Law was the least-known.
The laws seemed to exist mainly in name and on paper as they were seldom applied in the communities studied. A positive relationship was observed between the application of the laws and knowledge of the laws, as laws were better known in areas where they had been applied. A low application of existing land legislations in the Volta Region, however, was related to a lack of awareness and knowledge, a lack of enforcement and the fact that statutory laws were seldom perceived as usable alternatives to customary laws.
Sources for obtaining information on legislation affecting land
Information on land legislation was mainly obtained through verbal means of information transmission such as electronic mass media (especially the radio), interactions with friends, relatives and key persons, and discussions on the streets. Little information was obtained through written documents.
Men acquired most of their information through electronic mass media, whereas women obtained most of their information through interactions with relatives/friends and respected persons (such as Queen Mothers). This difference could be related to men’s greater access to and control over electronic equipment such as radios and televisions and their greater amount of leisure time. Specific programmes mainly mentioned by women, were television programmes such as Mmaa Nkomo, (Ghana Television, GTV) the Legal Awareness Programme implemented by WiLDAF/SNV Netherlands Development Organisation and activities undertaken by FIDA in the Region. Few men and women had obtained knowledge of land related legislation through court cases.
A large number of women had obtained information on land legislation through their husbands, yet none of the male respondents had obtained information through their wives. Thus, any programme trying to address women’s legal rights needs to also focus on increasing men’s awareness of women’s legal rights. Assembly Members, Chiefs, Queen Mothers and Village Elders can play an important role in the process as information disseminators and agents of change.
Land disputes
Land disputes were common among all the communities studied and were said to have a negative impact on agricultural production in the Region. Such disputes generally evolved between siblings and between siblings and extended families. Boundary disputes were the most common form of land disputes observed, followed by ownership disputes and access disputes. Boundary disputes dominated in the Northern zone whereas ownership disputes dominated in the Central and Southern zones. These differences could be related to differences in population densities; the Northern zone being the least densely populated area. Most land disputes were solved through customary methods of conflict resolution.
Land registration
Land registration was an uncommon practice despite the large number of land disputes observed. Main reasons for not registering land were: (i) a lack of knowledge on how to register land, (ii) no need to do so because it hadn’t been done in the past, and (iii) the inability to register the land as the land did not belong to the person using it. Respondents were generally of the opinion that the existing system of property distribution and property demarcation provided sufficient security against interference and feared that registration processes could result in a re-demarcation of land and therefore an uprooting of traditional landmarks. Many believed that family land only needed to be registered if it was to be used for building purposes and that family heads would not sign land registration documents because it could challenge their traditional authority. Respondents who had completed secondary school generally had greater awareness of the possibility of registering land and reasons for doing so than respondents with a lower education level, even though they were also unaware of the land registration procedures.
It is remarkable that despite the large number of land disputes observed in the Region only a few community members had registered their land. It is expected that the number of land disputes will increase in the future if the population continues to grow, as predicted, and land registration remains an uncommon practice.
Use of the State court system
Although State courts were accessible to all communities studied, most disputes were solved through customary methods of conflict resolution rather than through the State court system. The State court system was considered to be too slow and only necessary if disputes could not be solved locally. The main reasons for going to court were to settle land disputes, to address theft issues, to address marriage matters, and to solve quarrels/fights. The courts were mainly used by men, as women were not supposed to challenge their husbands or other male relatives in court. Furthermore, women were reluctant to go to court because of the time it takes to solve disputes through the State court system.
Although the distance to a court was seldom mentioned as a reason for not using the court system, the study did reveal a greater use of courts by communities where courts were located within a three kilometres vicinity as compared to those located beyond three kilometres. The lowest percentage of court use was observed in the most remote district included in the study, namely the Kadjebi district.
Strategies adopted to increase awareness of women’s rights
Various radio, television and legal awareness programmes have been implemented in the Volta Region to increase men and women’s awareness of women’s legal and human rights. These programmes and other activities undertaken by locally respected persons, civil organisations, NGOs and the Government have contributed to an increased awareness among men and women in the Volta Region of women’s rights and an increased assertiveness among women.
If statutory laws, which support equal rights for men and women, are to further strengthen women’s rights in the Volta Region, then an increased awareness of the laws is required among men and women as well as an increased application of the laws. Legal services need to be offered at a low cost to women, if this restricts them from using these services. State courts need to become more accessible to women so they can enforce rights stated in the Constitution and legislation. Existing laws need to be reviewed from a gender perspective to determine whether they address the needs of both men and women. Finally, opportunities need to be developed for women to become more involved in decision-making processes at all levels.
The study showed that regional differences existed in men’s and women’s access to and control over land due to variations in demographic, social, economic, cultural, ethnic and historic developments within the communities studied. Men’s and women’s access to and control over land in the Volta Region were affected by factors such as: gender, land ownership, the patrilineal inheritance system, local traditions and customs, decision-making powers, perceptions, marital status, land disputes, demographic developments, resource position of the individual, farming systems and agricultural commercialisation (refer to figure 14). Each factor is discussed in further detail below. Other factors such as knowledge of land legislations and education were expected to have a positive impact on men’s and women’s access to and control over land, but could not be proven by the study.
Figure 14: Factors affecting one’s access to and control over land
Source: WILDAF Study 2000
Gender: The study revealed that a large number of gender inequalities existed in access to and control over land in the Volta Region. Women had less access to and control over land than men due to gender-specific constraints. Local traditions and customs favoured men over women in terms of land rights, land ownership and land inheritance. Moreover, the patrilineal descent system, the main descent system applied in the Volta Region, discriminated against women in terms of land inheritance due to the fear of loosing lineage land to another lineage if given to a woman. Women’s land rights were generally secondary land rights and based upon their wifely status, whereas men’s land rights were generally primary land rights and based upon their lineage membership. Women had little control over their land rights, as they were rarely involved in decision-making processes concerning the land. They were unable to retain control over their own lineage land upon marriage or over their husband’s lineage land upon divorce or death of their spouse. Women could not to benefit from existing laws, which were passed to protect the land rights of vulnerable groups in society, as they were largely unaware of the existing legislations and their rights. Most land disputes were settled through customary laws, which generally favoured men. Men’s views of women’s ability to purchase land, their land rights and the functioning of the current inheritance systems were more positive as compared to women’s views. As a result, men were reluctant to change existing practices and women were experiencing difficulties in changing traditions and practices that discriminated against them in terms of land acquisition and security of land tenure.
Land ownership: Access to and control over land were strongly linked to land ownership. Land ownership was generally vested in men in the Volta Region, in their status as chiefs, lineage heads or heads of the family. Some women had become landowners through the purchase of land, through traditional customs (Fiasidi women) and/or the receipt of land as gifts.
Patrilineal inheritance system: Respondents indicated that women had greater access to and control over land in matrilineal societies as compared to patrilineal societies. The study showed that the patrilineal inheritance system favoured men over women, especially in terms of land inheritance.
Local traditions and customs: Local traditions and customs generally favoured men over women in terms of their access to and control over land, due to the higher status ascribed to men by society and their dominance in decision making processes.
Decision-making powers: Those who have decision-making powers with regard to land have greater access to and control over the land. Traditionally, decisions concerning land issues are taken by men. This practice, however, is being challenged. An appeal was made to give women a chance to prove their capabilities as leaders and major decision makers. Furthermore, women were encouraged to organise themselves in order to enhance their opportunities to participate in decision-making processes.
Perceptions: The extent to which communities were willing to accept change with regard to men’s and women’s land tenure rights depended on their perceptions of existing the practices and their willingness to embrace change. Men’s perceptions were especially important as most traditions and laws were developed and sustained by them. The research revealed that men’s views of the adequacy of existing customary practices and laws as they relate to security of tenure, women’s abilities to purchase land and to own land and women’s access to and control over land were generally more positive than those of women.
Marital Status: The study revealed that one’s marital status had a significant impact on especially women’s access to and control over land among the communities studied. Marriage generally implied that women gained access rights to their husbands’ lineage land, whereas they lost their access rights to their own lineage land at the same time. Divorce generally implied a decrease in a woman’s access to and control over land. Land rights of widows were strongly linked to whether they had children from their late husband, as widows with children had greater access to and control over land than widows without children.
Land disputes: Land disputes had a negative impact on both men’s and women’s access to and control over land because land rights could not be exercised to their full potential as long as the disputes lasted.
Demographic developments: A negative relationship was observed between population growth and access to and control over land. The greater the population densities, the greater the demand for land (e.g. for building and farming purposes) and the greater the chance that the most vulnerable groups in society with the weakest land rights (such as women, the physically challenged and poor) will loose some or all of their land rights.
Resource position of the individual: A positive relationship was observed between the resource position of the individual and her/his access to and control over land. The greater the resource position of the individual, the greater the abilities to expand their access to and control over the land, for example through the purchase of land, by renting land or through sharecropping arrangements. The research showed a slight increase in land ownership amongst women due to their increased abilities to purchase land with funds obtained through trading activities.
Farming systems: Women had greater access to and control over land used for food crop production than land used for cash crop production. This was due to their greater involvement in food crop farming and the fact that cash crop farming used to be an activity strongly dominated by men.
Agricultural commercialisation: The commercialisation of the agricultural sector had a negative impact on both men’s and women’s access to and control over land because it increased the competition for farmland in the Region. Small-scale local farmers indicated that they were loosing out to wealthy farmers and multinational corporations from outside the communities, who were buying fertile lands in the Volta Region for cash crop production.
The study has highlighted the existence of gender disparities in the Volta Region with regard to security of land tenure and has revealed that an increased security of land tenure among women is expected to have a positive impact on the household food supply, the household incomes, the family welfare and women’s agricultural productivity. Therefore, it is recommended to increase the security of land tenure, especially among women, and to address gender inequalities in access to and control over land in the Volta Region.
This can be achieved by: (i) increasing the utilisation of existing land legislations, legal aid and (ii), strengthening women’s capacities to obtain and defend their land rights (iii) promoting gender equity in access to and control over land and (iv) improving the socio-economic status of women. The recommendations are to be implemented by the Government, Development Organisations, Donors, NGOs, Civil Organisations, Traditional Authorities and Local Communities.
The study revealed that statutory laws were seldom applied to the benefit of communities in the Region, as men and women had little knowledge of existing laws, legal aid and legal services. The following is recommended to increase the utilisation of existing legal legislations, legal aid and legal services in the Volta Region:
a) Increase men’s and women’s knowledge of existing laws, legal aid and legal services through legal awareness campaigns, non-formal and formal education programmes, legal literacy programmes (such as the Legal Awareness Programme implemented by WiLDAF), advocacy and lobbying.
Radio programmes are recommended to disseminate information on land issues, as the study revealed that such programmes were already one of the most important sources of information on legislation affecting land for men and women in the Volta Region. Donors, Development Organisations and the Government need to invest in the development and transmission of such programmes. In addition, radio ownership among women should be promoted, so they can select the programmes they wish to listen to themselves and they can carry the radio along to their work place. Furthermore, it is recommended that the messages developed are consistent, straightforward and understandable to both literate and illiterate persons and that the programmes actively involve Assembly Members, Religious Leaders, Village Leaders (Chiefs and Queen Mothers), Village Elders, teachers, etc. and/or other persons who are respected by the community. The study has shown that these key-persons can play an important role as information disseminators and agents of change in the community. Finally, it is recommended to develop and implement programmes on land registration for traditional land custodians so they can disseminate the information to others within the community.
b) Review whether existing land laws are gender sensitive, whether they address the needs of men and women and whether they are easy to implement. If this is not the case, then the laws need to be adjusted or new laws need to be developed and funds need to be made available to do so. Main actors in this process would be the Government, human rights NGO’s (such as FIDA and WiLDAF), Lawyers, Development Organisations, Donors and Local Communities. It is recommended to first review the National Land Policy, as it is an overall policy that aims to secure tenure of land.
c) Determine and address factors that withhold men and women from using legal aid and legal services, so they can enforce rights stated in the constitution and legislation. For example, offer legal services at a low cost to men and women if they are unable to pay the costs but require the services, simplify legal procedures to facilitate land titling or make state courts more accessible to men and women, for example, by increasing their knowledge of the State court system or speeding up court procedures. The Government and human rights based NGOs should play a leading role in this matter with the help of Legal Literacy Programmes.
d) Increase the enforcement of existing laws to the benefit of all citizens, especially the most vulnerable groups in society. This does not only apply to land related laws but also to other laws on, for example, domestic violence or rape.
Women indicated that they had little control over their land rights as they were seldom involved in decision-making processes concerning the land. Thus the following recommendations were developed to strengthen women’s capacities to obtain land rights and defend their land rights in the Volta Region.
a) Increase women’s utilisation of legal aid and other legal services (refer to recommendation 6.3.1).
b) Support initiatives that will enable women to obtain or defend their land rights by:
Encouraging fathers, husbands and other male relatives to transfer land, under the presence of a witness and in a well-documented manner to their wives and/or daughters as gifts while they are still alive;
Encouraging women to identify means through which they can maintain access to their own lineage land (e.g. by planting cash crops on the land or by renting the land out);
Increasing women’s knowledge of land registration procedures, e.g. through legal literacy programmes;
Encouraging women to register land under their names if they inherit, purchase or receive land as a gift;
Developing cheap and easy methods for land registration; and
Educating men, women and children about women’s legal rights (including their land rights), so there is a greater understanding of their rights and support for women who (wish to) claim their rights.
c) Support the formation of women’s groups and/or co-operatives, so women can collectively fight for their rights and can gain increased access to resources such as credit, information and agricultural inputs.
d) Increase women’s involvement in decision-making processes at the household, community, district, regional and national level by:
Developing and supporting programmes that aim at enhancing the participation of women in decision-making processes. Examples of such programmes are programmes, which set representational targets or quotas for men and women (e.g. in District Assemblies or Farmers Organisations) and programmes that train women to become involved in community politics. Leadership skills of women can be strengthened through formal and informal training programmes, so that women feel more confident to take up leadership positions.
Creating opportunities for women to actively participate in meetings discussing land issues. This can be done, for example, by organising meetings on a day and time convenient to both men and women, explicitly inviting women to participate in the meetings as decision-makers and by creating an open environment for women to express their views.
Supporting existing local initiatives undertaken by men and women to enhance the decision making power of women in their communities.
e) Change traditions and practices that discriminate against women in terms of land acquisition and land tenure security by:
Enhancing understanding of communities that increasing women’s access to and control over land and other resources will have a positive impact on the agricultural productivity, family welfare, food security within the household and household income.
Obtaining support from respected and influential persons, such as Village Elders, Chiefs, Queen Mothers, Assembly Members, Teachers, etc., and men in the fight to increase and secure women’s land rights.
Providing support to programmes, projects, groups (e.g. women’s cooperatives) and individuals that aim at changing traditions, practices and institutions that discriminate against women in terms of land acquisition and security of land tenure.
The study showed that men had greater access to and control over land in the Volta Region, despite the important roles played by women in the farm sector. In order to promote gender equity in access to and control over land, it is recommended to:
a) Actively involve men and women in the design, implementation, monitoring and evaluation of programmes and projects addressing land issues and promote gender equity in access to and control over land in these programmes and projects.
b) Support the collection and use of land related sex disaggregated data for planning, implementation, monitoring and evaluation purposes.
c) Address discriminatory land inheritance practices as well as other factors that constrain women’s access to and control over land through regional and national policies and strategies.
d) Explore new means for women to gain greater access to and control over land (e.g. allow women’s groups to purchase land at reduced prices or to lease land for a longer period of time) and provide advice and assistance to women who wish to secure their land rights.
e) Ensure gender-sensitive legal interpretations of claims to land rights founded on cultural or religious norms and values through a sensitised judiciary. Training and education should target institutions charged with adjudicating land conflicts, and also target social institutions, which may not have a legal role but still yield power.
f) Organise a regional and national workshop to share and discuss the outcomes of the study and to develop plans for further action. The results of this study can be used to demonstrate the gains that can be obtained within the household, community and region if women are given more secure access to land and other resources. The outcomes can be used for educational purposes in films, radio programmes and local drama.
The study highlighted the fact that a large number of the discriminatory practices that existed in the Volta Region in relation to women’s land rights were symptomatic of the negative perceptions existing with regard to women and the girl-child. The inferior status ascribed to women by society diminishes her economic value and potential as a landowner, cash crop grower and community leader. Women were often considered incapable of taking full control over land due to the inferior status ascribed to them by society. In order to improve the socio-economic status of women, it is recommended to:
a) Support programmes, projects, groups and individuals that aim at changing traditions, practices and institutions that discriminate against women. For example, develop and implement programmes (e.g. mass public awareness programmes, legal literacy programmes etc) that aim at enhancing the socio-economic status of women and removing negative perceptions existing with regard to women and the girl-child. Use different media strategies to do so (e.g. radio programmes, drama, education materials etc). Removal of negative perceptions of women is a basic human rights principle and has been proscribed by the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), a convention signed by the Government of Ghana.
b) Make women’s and men’s concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and social spheres through gender mainstreaming.
c) Bring about changes through respected change agents such as Assembly Members, Religious Leaders, Village Leaders (Chiefs and Queen mothers), teachers and others who are willing to address women’s rights and improve their status in society. For example, remove the stigma associated with a childless marriage and the blame put on women.
d) Promote the recognition of the important role played by women in development processes. Economic empowerment is key to improving women’s status. District Assemblies need to play an active role in promoting gender equality at the community level. In order to do so, assembly members should be aware of existing legal and customary rights, regulations and practices that affect men’s and women’s roles and responsibilities. In addition, they should have the knowledge, skills and financial means to address existing gender inequalities in their districts.
This study evolved out of a need for greater insight into gender differences in access to and control over land and the implications of insecure access to land for households within the Volta Region of Ghana. Increased knowledge was obtained on factors that constrain men and women’s access to and control over land. In addition, valuable information was collected on issues barely documented in existing literature, such as land tenure issues in the Northern zone of the Volta Region, land rights of special categories of women, and men’s and women’s knowledge of land related legislations existing in Ghana.
The study also highlighted that further research is required on topics such as: intra-household differences in access to and control over land in the Volta Region, the degree of food insecurity in the Region, insecure land rights and natural resource management, and factors that withhold men and women in the Region from drawing wills, registering land, using State courts to resolve disputes and the limited use of financial institutions for the financing of agricultural activities.
The implementation of the recommendations formulated above will depend on:
The dissemination of the outcomes and recommendations of the study;
The commitments of the Government, Donors, Development Organisations, Community Based Organizations, Communities and other stakeholders to address gender inequalities in access to and control over land, their ability to address inequalities and their willingness to collaborate with other stakeholders in this field; and
The availability of human and financial resources to review existing land legislations, develop policies and implement projects and programmes aimed at strengthening men and women’s access to and control over land in the Volta Region and elsewhere.
It is hoped for that this study will contribute to: (i) an enhanced decision making power of women in the Volta Region (and elsewhere) in their efforts to obtain more secure access to land within the framework of existing legal, customary rights, regulations and practices, (ii) increased female utilisation of legal aid and other legal services, and (iii) improved agricultural productivity, of especially women farmers, and greater food security at the household level due to an increased security of land tenure.
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[23] Access to land was
defined by the target group as the right to enter upon and use land. [24] Control over land was defined as one’s ability to take decisions concerning the land and the ability to transfer land titles (land ownership). [25] The laws included in this study were: the Intestate Succession Law, the 1992 Constitution of Ghana, the Land Title Registration Law, the Head of Family Accountability Law and the Administration of Estates (Amendment) Law. |
