As stated in the Abstract, “because food insecurity is primarily a problem of low household incomes and poverty, and not just inadequate food production, projects and programs for food insecure African farmers which aim at increasing production of subsistence crops may be ineffective. Instead, government should look for ways to improve returns to farmers' resources in a broader context, which may include expanded opportunities for non-farm microenterprises and agricultural labor. This has been the conventional wisdom since the writings of Amartya Sen.
This article looks at land tenure systems as well as changes in traditional marriage institutions and social security in Senegal and Burkina Faso and argues that it is crucial that women’s social security and bargaining power within the traditional institutions be preserved while introducing new institutional arrangements for land tenure.
The focus of the workshop, and of this report, is on the policy and legislative challenges raised by the commons in an era where many vocal actors see privatisation as the only way forward. Such challenges are examined at different levels: local (local agreements for the shared management of natural resources), national (government policies, legislation), regional (protocols for the management of transboundary resources; treaties on cross-border transhumance) and international (the Convention on Bio-Diversity).
Across rural Africa, land legislation struggles to be properly implemented, and most resource users gain access to land on the basis of local land tenure systems. There is growing recognition that land laws must build on local practice. In recent years, several African countries have adopted legislation that strengthens protection for local land rights. This raises the need to understand what is happening to land tenure systems on the ground.
Land policies in Africa have often overlooked the interests of certain social groups. In some areas, traditional access and ownership rights for women, migrants and pastoralists have been ignored or reduced. The rise of HIV/AIDS in the region has created new social groups who are vulnerable to discrimination by land policies. As new policies are formed in the region, it is important to consider why these groups have been excluded. This will help to ensure that future policies represent these groups more fairly.
As stated in the Introduction, “this study reviews the main features of the new wave of land policy and legislation in sub-Saharan Africa, and identifies emerging issues concerning land tenure in the continent. The study draws lessons from recent experience in the following key areas: tenure security and land tenure reform; land redistribution; decentralised land management and administration; land conflict; protecting the land rights of vulnerable groups; land and rural-urban links; land and broader development policies and programmes.
Legislation can be instrumental in impeding or promoting initiatives to address the HIV/AIDS epidemic. The widespread legal, social, economic and political ramifications of the epidemic make it necessary to review and reform a broad range of laws. Within a context of entrenched gender discrimination, the devastating impacts of HIV/AIDS, widespread poverty and increasing competition for resources such as property and land, legislative solutions to the denial of women’s rights are urgently needed.
This report documents the tragic reality that under both statutory and customary law, the overwhelming majority of women in Sub-Saharan Africa (including Nigeria and Senegal) – regardless of their marital status- cannot own or inherit land, housing and other property in their own rights. Instead, in respect of access to land and housing, women are made entirely dependent on their relationship to a male.