Stream Summary: Livelihood, Land and Rights
Hub Co-Directors: Dr Nelson Camilo Sanchez, Dejusticia and Dr Josephine Ahikire, Makerere University.
The Livelihood, Land and Rights stream delves into the post-conflict landscape, focusing on the interplay between transitional justice, gendered power relations and socioeconomic rights. It recognises the often-neglected aspects of economic and social rights, particularly in relation to land and property issues, within the framework of transitional justice and the Women, Peace and Security (WPS) agenda. The research acknowledges the unique challenges faced by women, who often emerge as heads of household post-conflict, yet struggle with property ownership and land access due to pre-existing discrimination and exclusion.
This stream incorporates diverse projects from Uganda, Sri Lanka, Colombia and Sierra Leone, offering comparative insights into the gendered intersections of livelihoods, land and rights. These projects reveal common themes of gendered inequality in land ownership, the influence of traditional and informal institutions, and the challenges faced in implementing transitional justice policies effectively.
- Sri Lanka – Land Ownership and Women’s Empowerment: This project reveals the complexities of land ownership in post-war Sri Lanka, governed by a mix of customary and general laws. Despite legal provisions for equal inheritance rights, implementation issues persist, with many women unaware of their rights. The research underscores the diverse perceptions among women regarding land ownership and highlights the lasting impacts of colonial rule on land tenure and inheritance practices. Women face numerous barriers in land access, which significantly impacts their economic empowerment and social well-being.
- Uganda – Beyond War Compensation: Focusing on Northern Uganda, this project examines land conflicts post-conflict and their gendered implications, emphasising the critical role of women’s agency in land rights claims. Traditional justice mechanisms, such as Rwot Okoro and Rwot Kweri, play a significant role in land dispute mediation, centring women’s knowledge and rights. However, the project identifies ongoing challenges, including social struggles and a lack of universal recognition of the conflict’s end, complicating the recovery process.
- Colombia – Land Reform, Peace and Informal Institutions: This project highlights the challenges in implementing land restitution and transitional justice measures in Colombia. Criticisms point to the weak institutional design and the tendency of officials to default to traditional responses under pressure. The project underscores the need for more effective formal and informal institutions and bureaucracies in land restitution programs, stressing their role in bridging the gap between policy and practice.
- Sierra Leone – Land Policy, Gender and Plural Legal Systems: The study focuses on the challenges women face in accessing land amidst patriarchal structures and cultural norms. It emphasises the importance of traditional leaders, local government and police in land governance, yet notes the limitations and barriers women face in these male-dominated spaces. The commercialisation of land and private sector investments are identified as key factors influencing gender justice and women’s land rights, necessitating policy and governance changes to promote equitable access.
Key Findings and Recommendations
Across these projects, several key findings and recommendations emerge:
- Legal Pluralism and Implementation Gaps: All projects highlight the coexistence of customary and general laws, revealing gaps in implementation that disproportionately affect women. There is a need for legal reform, cultural transformation and increased awareness to ensure women’s rights are upheld.
- Role of Traditional and Informal Institutions: The importance of traditional and informal institutions in mediating land disputes and supporting women’s rights is evident. Their potential in enhancing gender justice and social cohesion, especially in post-conflict settings, is significant.
- Challenges in Transitional Justice and Land Restitution: The projects demonstrate the complexities in implementing transitional justice measures, particularly in land restitution. There is a call for stronger institutional frameworks and more transparent processes to bridge the gap between law and practice.
- Economic Empowerment and Social Well-being: The studies collectively affirm that land ownership is crucial for women’s economic empowerment and overall wellbeing. Addressing barriers to land access and ownership is essential for advancing gender equality.
- Patriarchal Structures and Cultural Norms: A recurring theme is the impact of patriarchal structures and cultural norms on women’s land rights. Efforts to dismantle these norms and promote gender equality in land governance are crucial.
- Policy and Governance Reforms: There is a unanimous call for policy and governance reforms to ensure equitable land access for women. This includes enforcing laws like the Sierra Leone Customary Land Rights Act and engaging women in decision making processes.
- Awareness and Advocacy: Raising awareness and advocating for women’s land rights through community engagement and dialogues is vital. This should be complemented by legal aid and support for women navigating land dispute resolution mechanisms.
Image: Hayfaa Chalabi
Related publications
Related Research
Beyond War Compensation
Land Policy, Gender and Plural Legal Systems
Land Reform, Peace and Informal Institutions
