DETERMINING ACCESS TO LAND: CUSTOM, LAW, MARKETS

Land rights are determined by a number of socio-political systems that evolve over time and exist concurrently. Formulating effective land tenure policy and taking into account the prevailing customs and practices into modern land administration is a challenge. In many communities, traditional customs dictate the access that community members have to land and resources. Land is not considered a good that can be bought or sold, but is managed according to family and lineage structures, marriage practices and religion. Generally men control land and women gain access mostly through their relationship with male relatives.

State institutions also influence land tenure. Legislation may establish that women and men have equal rights to own land or may introduce land reform giving equal opportunities to women and men to receive land parcels. But the enforcement of the law depends on institutional, political and social factors. Very often traditional customs that already have strong local acceptance and influence will prevail.

As globalization penetrates most regions, the marketisation of the economy has a growing importance in determining land access. In market economies land rights are generally based on private property rights and the marketability of these rights. Although this could provide access for both women and men to buy land, the global market economy exacerbates existing disparities. As land becomes a marketable asset and available land becomes scarcer, household and community members may undermine the access women previously enjoyed, particularly in the case of widowed and divorced women.

Economically active population in agriculture

Source: FAOSTAT