September 11, 2019
Everlyne Nairesia, Global Land Indicators Coordinator, UN-Habitat/Global Land Tool Network
Sina Schlimmer, Research and Peri-Urban Land Consultant, UN-Habitat/Global Land Tool Network
Ombretta Tempra, Human Settlements Officer, UN-Habitat/Global Land Tool Network
It is estimated that in developing countries, women are responsible for the production of 60 to 80 percent of food and yet, they rarely own the agricultural land. They work with low tenure security, little decision-making power and limited control over land use. Socially constructed gender roles, unequal access to land administration, as well as discriminatory practices further limit women’s access to and control over land. Land-related challenges of women in the Arab world are not substantially different from those encountered by women more generally. However, certain common land-related patterns reflecting customary and religious practices emerge in the Arab world as elements that shape the way women can access to, use of and control over land.
Based on expertise and empirical evidence stemming from different geographical contexts[1], the report “Women and Land in the Muslim World. Pathways to Increase Access to Land for the Realization of Development, Peace and Human Rights” published by the Global Land Tool Network[2] and its partners provides country-specific insights into land-related challenges met by women in Muslim contexts and provides practical guidance on how to improve their access to land.
Challenges for Women in the Arab World to Obtain Secure Access to Land Tenure
The Arab world does not represent a homogeneous group, but it is shaped by country- and community specific cultural and social characteristics. However, these diverse contexts demonstrate shared challenges in relation to land access for women, which build a basis for regional, gender-responsive and culturally accepted interventions. There are multiple ways in which women in the Arab world can access land and each of them offers a different degree of tenure security, challenges, but also entry points for intervention. Research shows that inheritance is the main avenue through which women acquire independent ownership of land and housing. Marriage further plays an important role in defining women’s access to land and it is a key entry point to (re)equilibrate the relationship between the spouses and their access to housing, land and property. As in other cultural, religious and geographical contexts, women in the Arab world often have only limited access to land administration, which is characterized by lengthy and costly procedures. Finally, land tenure security of these women is further constrained in contexts of conflict[3], migration and displacement, where the access to land rights is particularly challenging.
How to Strengthen the Tenure Security for Women in the Arab World?
Equal access to land and enhanced tenure security of women are crucial for poverty reduction, e.g. by increasing their food security, as well as for triggering broader social and economic development and for their enjoyment of human rights, peace and stability. Although progressive legal measures regarding women’s rights exist in certain countries, in practice, discriminative practices still persist in some predominantly Muslim contexts.[4] In order to develop approaches to improve women’s tenure security, it is crucial to conduct context-specific studies about existing legal frameworks and mechanisms through which women can access land and to determine the best tenure options based on these results. Awareness raising and capacity development among stakeholders involved in regulating women’s access to land such as religious leaders, judges, communities, family members and women themselves are major steps towards policy-action for equal land rights.
The GLTN has drawn several recommendations to increase women’s access to land in the Arab world, whereby some of them also apply to women living in other parts of the world.
- Advocating and raising awareness about the importance of increased access to land by women for the broader social and economic development of the society. A better understanding of international frameworks should be promoted. It is crucial for all involved stakeholders (policy-makers, women’s and grassroot organizations, CSOs, etc.) to advocate for the joint registration of ownership documents and joint marital property. Gender-responsive change in customary land laws and practice should also be promoted.
- Protecting women’s inheritance rights. Inheritance constitutes the main avenue through which women in the Arab world can access land ownership. It is therefore crucial to protect these rights and to combat their renunciation. Legal and administrative reforms to align national frameworks to international laws should be promoted. The facilitation of women’s access to justice to assert their rights is also a key measure.
- A large number of women can only access land through their relationships with (male) relatives. It is therefore important to strengthen women’s rights of use over land and housing to improve their tenure in the short-to-medium term. The improvement of lease/tenancy laws, the promotion of communal land use for women and the support of arrangements for the settlement of divorce are some of the major steps to be undertaken. [5]
[1] The report is based on case studies, expertise and empirical evidence from Morocco, Palestine, Afghanistan, Jordan, Lebanon, Egypt, Tunisia, the United Arab Emirates, and Iraq.
[2] The Global Land Tool Network (GLTN) is dynamic and multisectoral alliance of international partners committed to increasing access to land and tenure security for all, with a particular focus on the poor, women and youth. The Network’s partners include international rural and urban civil society organizations, research and training institutions, bilateral and multilateral organizations, and international professional bodies.
[3] GLTN (2018), Land and Conflict. Lessons Learnt from the Field on Conflict Sensitive Land Governance and Peacebuilding, Nairobi, UN-Habitat.
[4] The enjoyment of inheritance rights, for instance, is jeopardized in many countries.
[5] Feel free to contact the GLTN secretary unhabitat-gltn@un.org, the unit leader Oumar Sylla (oumar.sylla@un.org) or the Arab states programme leader Ombretta Tempra (ombretta.tempra@un.org).
