October 23, 2023 Global Indicators Briefs No. 23 Women's Land Rights in Sub-Saharan Africa: Where do we Stand in Practice? Daniela M. Behr*, Héloïse Groussard*, Viktoria Khaitina*, and Liang Shen* T his Brief examines the challenges in implementing laws protecting women’s land rights in Sub-Saharan Africa. While some progress has been made in enacting legal protections, remaining discriminatory legislation, weak enforcement mechanisms, and con icting rules and norms—notably, those embedded in customary land tenure practices—continue to limit women’s rights to land in practice, perpetuating gender inequalities. e Brief draws on pilot data from the World Bank Group’s Women, Business and the Law project to assess the frameworks in place to support the implementation of laws related to owning and controlling land. It highlights the discrepancy between legal provisions and their implementation. Detailed examples from two countries, Ethiopia and Nigeria, that exhibit some of the largest implementation gaps in Sub-Saharan Africa, highlight the signi cance of proper implementation. is Brief contributes to understanding the complex nexus of land rights in Sub-Saharan Africa and outlines ways to improve implementation, so that laws can have a greater impact on protecting women’s rights to land in practice. Also, this Brief discusses the need for concerted e orts to narrow the implementation gap in fragile and con ict-a ected settings where land tenure insecurity has the potential to perpetuate fragility and con ict. Land tenure security is a key enabler for women’s codes and personal status laws, which govern legal procedures empowerment pertaining to familial relations and inheritance, also play a crucial role in regulating land rights because they de ne fundamental Land plays an especially important role in women’s rules related to accessing, administering, and transferring socioeconomic development and empowerment in Sub-Saharan property. ese laws de ne the rights and obligations of Africa. Owning and controlling assets, including land, has individuals regarding land ownership within the context of important bearings for economic mobility, bargaining power familial and marital relationships. Land rights are also regulated within the household, and household resilience (Doss, Kieran, in speci c laws such as land codes or land administration acts. and Kilic 2020; Kilic, Moylan, and Koolwal 2020). Further, Further, many economies in Sub-Saharan Africa recognize secure land rights for women can provide a pathway to women’s di erent sources of law (such as customary law and/or religious empowerment and agency and can advance economic laws). e coexistence of di erent legal systems, often referred to prosperity and human development of future generations as legal pluralism, can create con icts and inconsistencies in land (Jayachandran 2015). Despite these bene ts, women own and governance that can, in turn, curtail land tenure security and control substantially less land than men (Doss et al. 2018). e limit access to property, especially for women (Tamanaha 2008). gap is largest for sole ownership: only 13 percent of women in is is speci cally relevant in fragile and con ict-a ected Sub-Saharan Africa claim sole ownership, compared to 36 situations (FCS) where disputes over land access may have the percent of men, according to a recent study by the World Bank potential to spiral into violent con ict (Eck 2014). (Gaddis, Lahoti, and Li 2018). is gap narrows when joint ownership is considered, but even then, it remains signi cant: Legal systems and patriarchal gender norms often 38 percent of women in Sub-Saharan African report owning discriminate against women, resulting in obstacles for women to any land (alone or jointly), compared to 51 percent of men acquire and retain land. ese challenges are particularly acute (Gaddis, Lahoti, and Li 2018). in Sub-Saharan Africa, where discriminatory laws, often with colonial roots, limit women’s legal rights to land. In addition, In Sub-Saharan Africa, land rights are embedded in a customary land tenure, the most common form of land tenure complex, interwoven web of rights that may overlap, in Sub-Saharan Africa, anchors land ownership on traditional complement, reinforce, or even con ict with one another. Family rules and practices. ese norms and practices, which are Affiliations: *World Bank, Development Economics, Women, Business and the Law. For correspondence: dbehr@worldbank.org; hgroussard@worldbank.org; vkhaitina@worldbank.org; lshen2@worldbank.org. Acknowledgements: Support for the work was provided by the State and Peacebuilding Fund (SPF) and the Knowledge for Change Program. This Brief would not be possible without the contribution of the World Bank Group’s Women, Business and the Law team. The authors would like to thank Julia Braunmiller, Tea Trumbic, and Norman Loayza for comments and guiding the publication process. Varun Eknath, David C. Francis, and Nancy Morrison provided excellent editorial assistance. Objective and disclaimer: This series of Global Indicators Briefs synthesizes existing research and data to shed light on a useful and interesting question for policy debate. Data for this Brief are extracted from the WBL database. This Brief carries the names of the authors and should be cited accordingly. The findings, interpretations, and conclusions are entirely those of the authors. They do not necessarily represent the views of the World Bank Group, its Executive Directors, or the governments they represent. All Briefs in the series can be accessed via: https://www.worldbank.org/en/research/brief/global-indicators-briefs-series. https://www.worldbank.org/en/research/brief/global-indicators-briefs-series. DECIG – Global Indicators Briefs No. 23 Assessing property rights around the world: Questions regarding the legal and supportive frameworks Box 1 included in Women, Business and the Law e World Bank Group’s Women, Business and the Law project asks ve questions about gender di erences in property and inheritance laws and ve questions about their associated supportive frameworks with respect to the Assets indicator. Legal questions on Assets (190 economies covered) 1. Do men and women have equal ownership rights to immovable property? 2. Do sons and daughters have equal rights to inherit assets from their parents? 3. Do female and male surviving spouses have equal rights to inherit assets? 4. Does the law grant spouses equal administrative authority over assets during marriage? 5. Does the law provide for the valuation of nonmonetary contributions? Supportive framework questions on Assets (55 economies covered - pilot study) 1. Are incentives or programs such as joint titling between spouses in place to encourage women’s land tenure security? 2. Is there a procedure in place to enforce equal inheritance rights? 3. Are there special provisions for major transactions concerning the marital home? 4. Is spousal approval required to transfer or sell immovable marital property? 5. Have procedures, guidelines, or binding legal precedent been issued to calculate nonmonetary contributions equitably? Source: Women, Business and the Law project. Note: For more information on the development of the process-related framework for this pilot study, refer to World Bank (2022). For a more https://wbl.worldbank.org/en/implementation detailed overview on the pilot data, refer to: https://wbl.worldbank.org/en/implementation frequently unwritten rules not formally enshrined in statutory Although there are global commitments to uphold women’s law, shape the landscape of land tenure in Sub-Saharan Africa property rights and ample evidence highlights the (Boone 2017). While customary land tenure can provide social socioeconomic bene ts of women’s land rights, 76 economies cohesion and governance at the local level, it can also create continue to legally discriminate against women in accessing barriers to secure land tenure, particularly for women. assets; 31 of these economies are in Sub-Saharan Africa. Moreover, even if economies possess robust laws on paper, they In practice, even if laws guarantee equal rights for men and women, cultural and social norms may prioritize male inheritance may lack the necessary supportive frameworks to translate legal or deny women decision-making power in the transfer of marital rights into practice e ectively. property (Braunmiller et al. 2023). As a result, women can face further barriers and discrimination when asserting their rights to The importance of supportive frameworks and land in practice. In addition, limited awareness of legal processes for proper implementation of the law protections and inadequate enforcement mechanisms can Enacting gender-equitable laws is merely the rst step to undermine women’s ability to exercise their rights e ectively. On securing women’s rights. e proper implementation of those top of that, patriarchal power structures and gender inequalities within communities may further marginalize women and hinder laws is equally essential to ensure their intended impact and to their access to and control over land. uphold the rights they seek to protect. Across the 55 pilot economies, the average score on the WBL legal index is 78.1, is Brief assesses the extent of potential discrepancies compared to a global average of 77.1 out of 100. In contrast, the between existing laws protecting women’s rights and the average supportive framework score across pilot economies is respective supportive frameworks in place that implement these much lower, at only 49.6. is indicates that while women’s laws. is assessment sheds light on how economies keep their legal rights are about three-quarters of those of men, women legal promises in practice, with a focus on FCS contexts and hold only about half the rights of men in practice. Sub-Saharan Africa. In doing so, this Brief draws on the Women, Business and the Law (WBL) project, which collects data on legal Across all pilot economies, comparing WBL’s legal score (in barriers to women’s economic opportunities across eight blue) with the supportive framework score (in red) reveals large indicators following the life cycle of a working woman: Mobility, gaps across most of the eight indicators (Figure 1). Speci cally, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, for the Entrepreneurship and Assets indicators, the di erence Assets, and Pension. rough a pilot study conducted in 55 between the legal and supportive framework score—the economies, Women, Business and the Law assesses the implementation gap—is large and signi cant, meaning that implementation of laws in practice across eight areas. Supportive while economies largely uphold women’s legal rights, they fall framework indicators measure governments’ e orts to short of these legal promises in practice. institutionalize, operationalize, and enforce laws in practice. e 55 pilot economies represent 79 percent of the world’s Implementing women’s legal rights in practice: A challenge in population. Out of the 55, seventeen economies are classi ed as fragile and con ict-a ected situations FCS according to the World Bank classi cation. In these Proper implementation of the law is crucial in FCS contexts, economies women may face additional challenges in realizing which are often marked by political instability, violence, or their economic rights in practice due to instability and insecurity. institutional weaknesses, and where implementing the law can After providing a general overview of the pilot data, this Brief be more di cult (Figure 2). is disparity highlights the dives deeper into the Assets indicator, which measures gender substantial challenges faced by women in FCS economies, di erences in laws regulating property ownership and where weak supportive systems hinder women’s ability to inheritance and their associated supportive frameworks (Box 1). exercise their rights. In FCS economies, women enjoy about 70 2 DECIG – Global Indicators Briefs No. 23 The reality of women’s rights: Falling Fragile and conflict-affected states Figure 1 short of legal promises Figure 2 struggle to support laws in practice 100 Entrepreneurship 81.5 80 Assets 70.6 Pay 60 54.1 Score Workplace 39.6 Parenthood 40 Marriage 20 Pension Mobility 0 FCS economies Non-FCS economies WBL score (legal) WBL score (supportive framework) 0 20 40 60 80 100 WBL indicator score (supportive framework) WBL indicator score (legal) Source: Women, Business and the Law database. Note: The figure presents the average scores for the Women, Business and the Law (WBL) legal index (blue bars) and supportive framework Source: Women, Business and the Law database. index (red bars), grouped by whether economies are or are not in fragile Note: The figure presents the average legal scores (blue dots) and and conflict-affected situations (FCS). Of the 55 pilot economies, 17 supportive framework scores (red dots) for each of the eight Women, economies are grouped as FCS, while 38 economies are grouped as Business and the Law (WBL) indicators for 55 pilot economies. non-FCS according to World Bank classifications. percent of the legal rights of men. In practice, however, women robust institutions becomes imperative to addressing the only bene t from a supporting framework for about 40 percent speci c implementation challenges faced in these contexts. of these rights. is discrepancy emphasizes the urgent need to improve support mechanisms to ensure legal promises for By the same token, economies with lower WBL supportive women are also implemented in practice. erefore, investing in framework scores are associated with higher state fragility (Figure strengthening governance, promoting stability, and building 3). is is in line with recent literature that suggests that proper Economies with higher Women, Business In FCS contexts, women only realize Figure 3 and the Law supportive framework scores Figure 4 about one fourth of the rights of men are less likely to experience state fragility regarding owning and retaining assets in practices 100 100 State Fragility - Low (0) to High (100) 80 83.7 80 76.5 60 60 Score 40 41.1 40 20 24.7 20 0 1st (worst) 2nd 3rd 4th 5th (best) 0 Quintile of WBL Supportive Framework Score FCS economies Non-FCS economies Source: Women, Business and the Law database and Fragile State Index WBL score (legal) WBL score (supportive framework) (https://fragilestatesindex.org/). Note: The figure presents the correlation between the average Women, Business and the Law (WBL) supportive framework score within each Source: Women, Business and the Law database. quintile and the State Fragility Index, which assesses the vulnerability and Note: The figure presents the average scores for the Women, Business instability of economies based on various indicators such as political, and the Law (WBL) legal index (blue bars) and supportive framework social, and economic factors. Although the figure presents a simple index (red bars) for the Assets indicator, grouped by whether economies correlation, the relationship remains statistically significant after are or are not in fragile and conflict-affected situations (FCS). Of the 55 controlling for income (measured as gross domestic product per capita as pilot economies, 17 economies are grouped as FCS, while 38 economies reported in the World Bank’s World Development Indicators database). are grouped as non-FCS according to World Bank classifications. 3 DECIG – Global Indicators Briefs No. 23 implementation of the law may also be bene cial for reducing erefore, much work still lies ahead for all stakeholders to state fragility (Hudson, Bowen, and Nielsen 2020). Hence, ensure that the laws in the books are adequately accompanied supportive frameworks in place to ensure that laws are enforced by supportive frameworks that ensure women’s rights to land. consistently and transparently seems to be associated with social is, in turn, is associated with bene cial socioeconomic cohesion and the mitigation of con icts. e equitable outcomes for women. Considering that land often serves as the application of laws in practice, ensuring the protection of rights primary form of collateral and women, on average, hold less for all citizens, including women, is associated with reducing land and are less frequently included in land titling, women may grievances and minimizing the potential for social tensions that also be less likely to access nance when they need it (see, for could lead to violence or community destabilization. While an example, Nguyen and Le 2022). While weak property rights indication of the importance of supportive implementing can create obstacles for women to enter contracts and access frameworks, these results cannot be interpreted as evidence of nance (Perrin and Hyland 2023), economies with a better causality because state fragility may also be in uenced by supportive framework to implement women’s legal rights in developments in the macroeconomy and political environment, practice are associated with higher levels of nancial inclusion as well as by other potential confounders, which may be (Figure 5, panel a). In the best quartile, where strong supportive imperfectly captured by the control variables available. frameworks are mostly in place, almost 80 percent of women also have nancial accounts, compared to less than 40 percent in Implementing women’s property rights in practice economies with lower supportive framework scores. In e challenges associated with e ective implementation of addition, proper implementation of the laws is also associated the law become particularly apparent when examining the with lower levels of perceived tenure insecurity (Figure 5, panel supportive frameworks established for Assets (Figure 4). Across b). While an indication of the importance of supportive the pilot economies, laws demonstrate a relatively favorable implementing frameworks for Assets, these results cannot be stance toward women’s property rights. Yet, it is not the case in interpreted as evidence of causality because other potential practice. Among all indicators, the Assets indicator exhibits the confounders may in uence the association. largest implementation gap (more than 50 points di erence) in FCS contexts. at is, in FCS contexts, women hold only about Land in the context of fragile and conflict-affected one-fourth of the rights of men with regard to owning and economies: The cases of Ethiopia and Nigeria retaining assets in practice. Hence, tenure reforms that aim to clarify and strengthen the rights of women—including the Since the 1990s, and particularly during the past decade, provision of joint titling, the enforcement of inheritance rights, land reforms have come to the forefront of the policy agenda in and the requirement for spousal approval when transacting Sub-Saharan Africa, which houses nearly half of the world’s property—seem to be lacking in these contexts. usable uncultivated land—about 202 million hectares Figure 5 Proper implementation mechanisms for land rights empower women economically a. Assets supportive framework score and women’s b. Assets supportive framework score and financial inclusion tenure insecurity 100 30 Financial institution account, female (% age 15+) Tenure Insecurity - Low (0) to High (30) 25 80 20 60 15 40 10 20 5 0 0 0 1st (worst) 2nd 3rd 4th (best) 1st (worst) 2nd 3rd 4th (best) Quartile of Assets Supportive Framework Score Quartile of Assets Supportive Framework Score Source: For both panels for Assets, Women, Business and the Law database. For panel a, for financial inclusion, World Bank, Global Financial Inclusion (Findex). For panel b for tenure insecurity, Prindex (https://www.prindex.net/data/). Note: Panel a presents a simple correlation between the average supportive framework score for the Women, Business, and the Law (WBL) Assets indicator within each quartile and the average percentage of respondents who report having an account at a bank or another type of financial institution (including a mobile money account), using global Findex data for 2021. Panel b presents a simple correlation between the average supportive framework score for the WBL Assets indicator within each quartile and tenure insecurity provided by Prindex, which measures individuals’ perception of land tenure insecurity. While a first indication of the importance of supportive frameworks for Assets, these results cannot be interpreted as evidence of causality because other potential confounders may influence the association. Although the figures present a simple correlation, the relationships remain statistically significant after controlling for income (measured as gross domestic product per capita as reported in the World Bank’s World Development Indicators database). 4 DECIG – Global Indicators Briefs No. 23 (Byamugisha 2013). ese reforms aim to establish e ective with sole ownership of land is higher, at 14.4 percent compared land management institutions, securing or harmonizing to 32.3 percent for men (Gaddis, Lahoti, and Li 2018). e gap communal and customary property rights, and addressing narrows signi cantly when also considering joint ownership: con icts over land (Alden Wily 2018; Deininger 2003). 61.3 percent of women report owning land (alone or jointly) Particularly in Sub-Saharan Africa, these reforms have brought compared to 61.5 percent of men in Ethiopia; in Nigeria, 16.9 about a “quiet paradigm shift” in customary land governance, percent of women report owning land (alone or jointly) creating a middle ground between individualistic land compared to 41.3 percent of men (Gaddis, Lahoti, and Li 2018). ownership and customary land tenure systems in which users often have limited formal rights (Chimhowu 2019). Although Since colonization, Nigeria’s land governance framework has the reforms have pledged to provide greater security of tenure, been marked by a dual legal system that includes both statutory speci cally for women, their implementation in practice might law (derived from European legal systems) and customary law not be keeping up. (based on customs and traditions). After independence, in 1978, Nigeria enacted the Land Use Act, aimed at addressing Women in FCS contexts are especially vulnerable, often the challenges arising from the colonial legacy by providing a experiencing multiple forms of discrimination, including uniform land administration system across the country, vesting limited access to and control over assets. Recent data on all land into the state (Land Use Act, Section 1). On the surface, perceived land tenure security reveals that land tenure insecurity the Land Use Act legally provides for equal rights for both men is more pronounced in FCS economies, posing risks such as and women to access and own land. e Act, which is land con icts, disruptive land administration systems, and land applicable all over the country, grants the statutory right of dispossession (Childress, Diop, and Berning 2022). us, occupancy in urban lands. In turn, customary rights of securing land rights, both in law and in practice, is crucial in occupancy for rural land are granted by the local government. these contexts not only for women’s own economic Because the Act de nes customary rights of occupancy as “the empowerment but also for sustainable peace, stability, and right of a person or community lawfully using and occupying economic development. land in accordance with customary law” (Land Use Act, Section To better understand the disparities between the legal land 51), the Land Use Act explicitly allows for the application of governance framework and its implementation, two customary norms. Further, the Land Use Act does not explicitly Sub-Saharan economies classi ed as FCS by the World Bank, address gender disparities in land ownership and control and Ethiopia and Nigeria, can be examined as illustrative examples. does not include speci c provisions to protect women’s rights to Assessing the situation of land governance and drawing from land. It thus does not address potentially discriminatory the scope of the pilot study, this section focuses on three aspects customary practices that often disadvantage women in land of the supportive framework in the area of Assets in Ethiopia matters in practice. and Nigeria: joint titling, inheritance rights, and spousal Ethiopia’s legal landscape governing land rights is similarly approval to sell or transfer property. complex. Before the Ethiopian revolution in 1974, the country According to the Women, Business and the Law database, had an interwoven land tenure system marked by an since 1970, Ethiopia has adopted ten legal reforms across the interconnection between customary practices and religious eight areas measured, increasing women’s economic norms (Bayeh 2015). During this period, customary law widely opportunities and inclusion. Over the past 50 years, Ethiopia’s prevailed and di ered signi cantly across the country. e score on the Women, Business and the Law legal index has political transition to the Derg regime in 1974 led to the increased from 50.6 to 76.9, and now exceeds Sub-Saharan adoption of the new Land Proclamation of 1975, which Africa’s regional average score of 72.6. Nigeria, in contrast, has declared all rural lands to be the collective property of the made less progress on women’s legal rights over the past ve Ethiopian people and abolished private ownership of rural land decades, resulting in a score below the regional average, at 66.3. (Article 3.1). e Land Proclamation of 1975 in Ethiopia did is means that Nigerian women have only about two-thirds of not speci cally include provisions on gender or safeguards for the legal rights of men. In turn, the supportive framework scores women’s land rights. After the collapse of the Derg regime, state in both Ethiopia (46.3) and Nigeria (38.1) fall well behind their ownership of land was reinstated in Ethiopia’s new legal scores. is signi cant implementation gap in both Constitution. e 1995 Constitution, which is still in force economies indicates that women’s economic rights, while today, includes speci c provisions on women’s lands rights. protected to some extent by law, are hardly realized in practice. Article 35 explicitly grants women rights to use, transfer, administer, and control land. Further, Article 35 explicitly In the area of Assets, this gap is even more pronounced. grants women the right to inherit property. Indeed, Ethiopia’s laws put men and women on an equal legal playing eld in the area of Assets (score of 100). Nigeria (score Despite these constitutional provisions, until recently, they of 80) has room for enhancement concerning the recognition were not re ected in statutory law. Until 2000, the codi ed civil and valuation of nonmonetary contributions to marital law, in Article 656, stipulated that the husband is the sole property, such as childcare and domestic work, which often administrator of common property, thereby constraining place a disproportionate burden on women. In both economies, women’s land rights. Ethiopia only fully equalized men’s and however, the implementation of these laws in practice is women’s rights in its statutory laws on July 4, 2000, when it lagging. Among the pilot economies, the implementation gap in introduced the Revised Family Code, which recognized the the area of Assets is among the largest for Ethiopia and Nigeria. equal rights of a married woman to the possession and administration of personal property (Article 59). e Revised Unpacking the land tenure system in Ethiopia and Family Code also establishes that consent of both spouses is Nigeria mandatory for the transfer of common property (Article 68). Further, a 2005 measure, a key legal instrument currently Ethiopia and Nigeria both exhibit gender gaps in land governing land rights in Ethiopia, Land Administration and ownership. In Nigeria, only 8.2 percent of women report having Land Use Proclamation No. 456/2005, explicitly recognizes sole ownership of land, compared to 34.2 percent for men women’s rights to land, codifying rights for women to acquire (Gaddis, Lahoti, and Li 2018). In Ethiopia, the share of women and use rural land (Article 5c). 5 DECIG – Global Indicators Briefs No. 23 Women’s rights to land in legal plural systems Section 315 (5) of the 1999 Constitution, which notes that the such as in Ethiopia and Nigeria Act cannot be altered or repealed except through the constitutional amendment process. Several e orts to reform or In both Ethiopia and Nigeria, customary law plays a major repeal the Land Act were unsuccessful or stalled. To deal with role in the everyday life of its citizens. In both countries, challenges in the land administration system, a Presidential multiple ethnic groups have their own sources of law. Nigeria, Technical Committee for Land Reform (PTCLR) was established for instance, has more than two hundred ethnic groups that in 2009 with the mandate to drive and coordinate land reform apply distinct customary laws, and there are about sixty initiatives in the country. e PTCLR’s primary responsibility di erent customary legal systems in Ethiopia (see, for example, was to provide guidance to the government regarding the Donovan and Assefa 2003). Customary law varies signi cantly registration of landholders. e Committee proposed systematic across ethnic groups, re ecting diverse cultural practices, land titling and registration. However, the results of an initial traditions, and norms related to land tenure, inheritance, and titling program undertaken by the PTCLR were rather limited property rights. is has implications for women because it can due to limited funding, limited political will, and many veto result in disparities in women’s access to and control over land, players in Nigeria’s federal system (Ghebru et al. 2014). inheritance rights, and property ownership, with some ethnic Relatively progressive land laws, and government programs groups exhibiting more gender-equitable customary practices that encourage joint titling, are a substantive foundation for than others. is issue becomes particularly relevant in the women’s land rights in practice. However, joint titling absence of supportive frameworks that ensure the proper programs alone may not be su cient to enhance women’s rights implementation of laws. In cases where customary practices in practice. Certi cates may reinforce use rights of women but contradict the law, the responsibility of resolving con icts women’s right to control and transfer land may still be a ected between statutory and customary law often falls on the courts. by broader gendered norms. Hence, empowering women to be Hence, women’s rights and entitlements may be subject to aware of their rights is a vital complement to certi cation interpretation and adjudication, potentially leading to programs to further ensure their rights in practice. uncertainty and unequal outcomes. Despite the laws, many women struggle for inheritance rights e role of joint titling in promoting women’s land tenure in practice security As in most of Sub-Saharan Africa, inheritance is the most Incentive programs, such as joint titling, that promote important means of acquiring property in Ethiopia and Nigeria. women’s land tenure security can be a signi cant factor In practice, women may have the right to use land, but in many contributing to women’s land rights in practice. Women contexts, these rights hinge on their relationship to a man: a holding land titles are considered more likely to participate in husband, father, brother, or other male relatives. Despite legal household decisions and community activities, to be aware of provision for equal inheritance rights, women often do not their land rights, to have higher perceived levels of tenure inherit land despite having legal rights to do so—they may be security, and to be more willing to invest in their land forced by male relatives or their communities to waive their (Deininger and Goyal 2023; Melesse, Dabissa, and Bulte rights. Although details of customary practices vary from one 2018). Ethiopia and Nigeria had distinct experiences with joint ethnic group to another, daughters often do not inherit land titling. In the past, Ethiopia had put in place ambitious land from their fathers, but rather attain secondary rights to use land registration and certi cation programs. While the land through their husbands when they marry. registration program did not pursue the goal of mandating joint In Ethiopia, customary inheritance laws follow a patrilineal titling per se, it nonetheless enhanced tenure security for inheritance system that generally favors men. In Ethiopia’s women and reduced the number of land-related disputes Afar Region, for instance, under the customary system, (Mengesha et al. 2022). Under Ethiopia’s First Level Land women are denied equal inheritance rights from their Registration and Certi cation Program (1998–2004), the husbands or families (Abebe and Flintan 2021). Similarly, in government embarked on an e ort to certify the long-term use Nigeria, Igbo customary law prohibits female children from rights in four rural regions—Tigray, Amhara, Oromia, and the inheriting, a practice condemned in a Supreme Court Southern Nations, Nationalities, and Peoples’ Region judgement (Ukeje v. Ukeje, 3PLR/2014/150). Similarly, the (SNNPR) (Cohrane and Hadis 2019). Addressing some of the Nigerian Court of Appeal held that the Nnewi custom of shortcomings of the rst program, the government introduced Oli-ekpe (according to which only the male child can be an the Second Level Land Registration and Certi cation Program heir) was discriminatory and unconstitutional [Mojekwu v. (2005–2020), supported by international donors (Adamie Mojekwu, LPELR-13777(CA)]. 2021). Land parcels were registered either jointly in the name of the husband and wife or as a single holder in the name of a male Further, weak implementation mechanisms allow for or female. e registration process involved village elders and extended time periods to claim inheritance rights, facilitate women representatives who served as informants in resolving unrestricted cancellation of wills, or permit the provision of land-related disputes (Ghebru and Girmachew 2020). By 2021, multiple wills on a single property. Such practices can limit more than 15 million certi cates have been issued in Ethiopia women’s land inheritance rights in practice. is is particularly and these land registration e orts by the government have relevant in contexts where the law does not protect women’s contributed to narrower gender gaps in land ownership in rights to land. In Ethiopia, for instance, only family members Ethiopia (Deininger et al. 2008; UN Women 2022). can inherit land [Land Proclamation of 2005, Article 8 (5)]. Preliminary data show that nearly 90 percent of the land Family members are de ned in the laws as those who live certi cates included the name of women, either as sole or joint permanently with the landholder sharing the same livelihood owner (UN Women 2022). [Land Proclamation of 2005, Article 2 (5)]. However, following customary laws, women in both Ethiopia and Nigeria often join In Nigeria, there are currently no explicit provisions for joint their husbands’ families once they marry. In this case, according titling in place, nor are there any government programs that focus to many customs, they may no longer hold the status of family on registering women’s land rights. e Land Act, which is the members, which may curtail their rights to inherit land from main instrument governing land rights in Nigeria, is recognized in their parents (Belay and Abza 2020; Obi and Aduma 2020). 6 DECIG – Global Indicators Briefs No. 23 Spousal approval: Safeguarding women’s property rights in practices and limited access to land due to prevailing customary marriage norms, weak enforcement mechanisms, and con icting rules and norms. e pilot study reveals a substantial gap between the While documented land ownership is one way of ensuring legal framework and its implementation. is warrants an land tenure security, it is still relatively uncommon across emphasis on establishing supportive frameworks that translate Sub-Saharan Africa. Particularly where customary tenure systems legal provisions into practical outcomes. Having good laws in are prevalent, individual owners may have varying rights to their the books is nearly not enough to ensure women’s rights land depending on their gender. One of these discrepancies may protection in practice (Box 2). be related to the disparity between ownership rights and decision-making power over land. In some cases, women may not e analysis speci cally underscores the importance of proper be involved in decisions concerning marital property. implementation of laws to ensure equal rights for women regarding land ownership, use, and control. While formal land Ethiopia and Nigeria di er regarding supportive frameworks titling can provide secure rights, the limited adoption of joint and regulations to transfer or sell immovable marital property. titling programs and low land registration rates indicate the need Ethiopia requires the consent of both spouses for any major for comprehensive interventions that include all stakeholders, property transaction involving the sale, exchange, rental, pledge, including customary leaders who often hold pivotal power in mortgage, or transfer in any other way (Revised Family Code land allocation matters in Sub-Saharan Africa. In addition, 1999, Article 68). In contrast, Nigeria does not have such a inheritance rights for women remain constrained in many requirement. Consequently, disputes over land are often left to economies, hindering their ability to acquire land even when the courts. Legally, a husband needs his wife’s consent only if legally entitled. Strengthening legal frameworks and processes to marital property is jointly owned. To prove joint ownership, enforce equal inheritance rights is crucial. both names must appear on the title document and the deed. In practice, however, Nigeria’s certi cates of occupancy, which e discrepancy between the WBL legal index score and the prove ownership, often only hold one name, the husband’s supportive framework score highlights the challenges women name. In May 2023, the High Court of Lagos recognized joint face in realizing their economic rights. It underscores the need ownership over marital property even though the wife’s name for concerted e orts to bridge the gap between legal provisions did not appear on the statutory certi cate of occupancy as she and their implementation, especially in contexts characterized substantially contributed to the property. Nigeria’s Supreme by instability and weak institutions. Addressing these challenges Court ruled similarly in case of divorce (Coker v. Coker, FSC. requires a multifaceted approach that goes beyond legal reforms 317/196). While Nigeria’s courts can play a protective role over alone. It necessitates raising awareness among women about women’s rights, the absence of a similar protective mandate like their legal rights, providing training and capacity-building to the one in Ethiopia hinders women from realizing the full navigate the legal system e ectively, and engaging with potential of their rights and may deprive them of customary leaders to promote gender-equitable land access and decision-making power over land. control. Mitigating legal pluralism and harmonizing family, marriage, and inheritance laws are additional essential steps Conclusion toward ensuring an equal level playing eld for women. is Brief’s ndings highlight the signi cance of land tenure is Brief emphasizes the need for concrete action to security for women’s empowerment and the challenges women enhance women’s land rights by bridging the divide between face in realizing their land rights in practice. Despite legal existing legal provisions and their e ective implementation. It provisions, women continue to experience discriminatory advocates for the strengthening of supportive frameworks and Box 2 Main lessons e data and analysis presented in this Brief yield four main lessons. 1. Promote gender-sensitive land reform. Recognize women’s speci c needs and challenges related to land access and control, and explicitly include provisions on women’s land rights in statutory laws that ensure women’s equal right to access, use, and control land and other productive resources. 2. Harmonize the existing legal framework. E ectively consolidate and harmonize the existing legal framework governing land rights to protect and promote women’s equal right to access, use, and control land, including removing provisions contained in other areas of law—such as civil codes and laws on personal status, family, and marriage—that may contradict new land legislation. Likewise, promote harmonization between customary and statutory laws to ensure an equal level playing eld for women. 3. Narrow the implementation gap. Merely having strong laws in place is not su cient; supportive frameworks and e ective implementation are crucial. Measures that can all encourage women to claim their rights and can help challenge discriminatory aspects of customary practices include support for programs to increase awareness of women’s rights; empower women to understand their full set of land rights and o er support to navigate the legal system e ectively; the establishment of implementing mechanisms such as joint titling; the enforcement of equal inheritance rights in practice; and the requirement of consent by both spouses when transacting marital property. 4. Promote gender norm change: Narrowing the implementation gap to ensure that legislative promises are also ful lled in practice is important in FCS contexts. Women face unique issues in fragile and con ict-a ected settings and addressing pervasive gender disparities should be viewed as much as a security imperative as it is a development priority. Working with customary and community leaders to facilitate dialogue on how to address and overcome harmful gender norms and biases that hinder women from gaining rights and control over property should be taken into consideration. 7 DECIG – Global Indicators Briefs No. 23 the promotion of gender equality in land tenure security. In level playing eld for women to inherit land. Given the complex FCS contexts, this will require enforcing and updating land political economy surrounding land institutions, local contexts records regularly to ensure accurate and up-to-date and the role of customary leaders to promote women’s access to, documentation of land ownership and safeguarding that use, and control over land should be taken into consideration ambitious land certi cation programs bene t women consistently even when incentive programs end. Further, when designing interventions. 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