ANNUAL WORLD BANK CONFERENCE ON LAND

AND POVERTY GENDER AND LAND RIGHTS IN

CAMEROON:EXAMINING REFACOF’S EFFORTS FOR THE RECOGNITION

OF WOMEN LAND RIGHTS

Presented by Estelle Karyn MANDENG NTSIMIYoung African Researchers in Agriculture in Africa

Network (YARA)Washington DC, March 24th, 2015

TABLE OF CONTENT

1. INTRODUCTION

2. CONCEPTUAL FRAMEWORK

3. Background: WHY FOCUS ON WLRs?

4. LEGAL AND POLICY FRAMEWORK

5. REFACOF AND THE RECOGNITION OF WLRs in

CAMEROON

6. LIMITS AND CHALLENGES

7. RECOMMENDATIONS

8. CONCLUSION

INTRODUCTION Importance of land: social asset, crucial for cultural identity,

political power, particpation in decision-making process 21st century: securing women’s rights-land for they are

central/key actors to African development Constitute 60%-80% (sub-saharan Africa) labour force for

agriculture used to produce food for subsistence and trade 2004 African and Gender Development Index findings in 12

African countries: women access to and control over land remains minimal, less than half by that enjoyed by men

Considerable efforts made at the local, regional and international levels BUT WLRs are not always taken into consideration ,and where provided for not sufficiently enforced

REFACOF’s mission: promote the rights of women in Africa by influencing policies for gender equity in land and forest tenure

CONCEPTUAL FRAMEWORK Gender commonly refers to socially constructed roles,

behaviours, activities and attributes that a given society considers appropriate for men and women.

Resource allocation is biased in most households and continues to observed at a highest level by state institutions

Gender and particularly the role of women are particularly important to development issues. As illustrated by Esther Boserup’s book «Woman’s role in Economic Development » more focus needs to be placed on women and development

Gender equality: ensuring participation but at the same time recognizing and understanding the different roles and expectations of the gender within the community

UNICEF: women and men, boys and girls, enjoy the same rights , resources, opportunities and protections. It does not require that they be same, or be treated exactly alike.

BACKGROUND: WHY FOCUS ON WLRS

When women have secured land rights, they are able to better provide for their families. Studies show linkages when women have secured rights to land:

a. Family nutrition and health improves;

b. Women become less vulnerable to contracting HIV/AIDS;

c. HIV positive women may be able to better cope with the consequences;

d. Women are less likely to be victims of domestic violence;

e. Children are more likely to receive an education;

f. Women have more access to micro-credits/loans;

g. Women’s participation in household decision-making increases.

BACKGROUND: WHY FOCUS ON WLRS

LEGAL AND POLICY FRAMEWORK 1

A number of regional and international instruments make provision for the promotion protection and respect of women’s property rights, including land rights:

I. International legal framework

a. The Universal Declaration of Human Rights, in Article 2: principle of non discrimination

b. The International Covenant on Civil and Political Rights, in Article 3: guarantees equality

c. The Convention on the Elimination on All Forms of Discrimination against Women and its optional Protocol in 2000: Article 2 makes it mandatory for States to “take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women.”

d. The 1995 Beijing Declaration and Platform of Action

LEGAL AND POLICY FRAMEWORK 2f. The United Nations Declaration on the Rights of Indigenous

Peoples provides that indigenous women

g. The Voluntary Guidelines on Responsible Governance of Tenure of Lands, Fisheries and Forests , FAO

II. Regional Instruments (Africa)

a. Protocol to the African Charter on Human and Peoples’ Rights of Women in Africa

b. The Framework and Guidelines on Land Policy in Africa, adopted by the African Union in 2009

c. The Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples’ Rights

d. African Union’s Declaration on Land Issues and Challenges in Africa

LEGAL AND POLICY FRAMEWORK 3III. National FrameworkNB: Cameroon is a signatory to several of the legal instruments referred to above.

a. In Cameroon, the Constitution embraces gender equality. However, as a consequence of the detail of specific legislation and the practice of the law, there is legal ambiguity as to whether men and women are equal before the law in matters relating to the ownership of property.

b. Ordinance N°74 -1 of 6 July 1974, lays down the rules governing land tenure in Cameroon.

c. The National Gender Policy was adopted in 2014

Remark: When one analyses the legal and policy framework that governs tenure especially women’s land rights, one is tempted to question the efficiency and domestication of these international and regional instruments in Cameroon. Access to and ownership of land by women is often problematic.

REFACOF AND THE RECOGNITION OF WLRS IN CAMEROON 1I. What is REFACOF?Set up in May 2009, by 45 African women delegates at the

International Conference on Forest Tenure, Governance and Enterprise: New opportunities for West and Central Africa in Yaoundé is made up of 14 member countries.

Goal: To advocate for governments’ and international organizations’ inclusion of women specific needs, constraints and interests, as well as their ownership rights to land and forest resources.

II. Efforts to enhance the recognition of WLRs in Cameroon

a. Alignment with other stakeholders

b. Women forestry rights

c. Leadership in the national civil society REDD+ Platform

d. Advocacy document for WLRs

REFACOF AND THE RECOGNITION OF WLRS IN CAMEROON 2

III. Gaps in the legal framework: Generic Naturea. Ordinance N°74 -1 of 6 July 1974, which lays down rules governing

land tenure merely states and guarantees general property rights, without referring to the specificities of different categories, especially women(Articles 1, 15 (1) and 17).

b. The imbalance arising from customs: Decree No. 76-165 of 27 April 1976, laying down the conditions for obtaining a land title Article 9(a) merely recognizes to any person who occupies or exploits land of the national domain, the right to a land title over the piece of land. Under most of our customs, women never or only rarely participate in meetings related to land management.

c. Gender aspect is not considered while setting up land committees.

d. Possession As A Means Of Property Acquisition: considerable importance is placed on possession, implicitly allowing long term (good faith) possessors to purchase land. Women are often lodged in this category but due ignorance they do not take advantage of these provisions, and are coerced to give up their land by the men.

LIMITS/CHALLENGES 1 REFACOF’s efforts to promote the recognition of women land

rights in Cameroon have not yielded desired results due to several factors.

a. Inadequate legal framework and non-existent regulations and procedures for implementation and enforcement

b. Lack of coherence between some laws has been identified as an obstacle. Under Article 1421 of the French Civil Code, the husband has the power to sell or mortgage property that is held in common ownership by both spouses, without the prior opinion or consent of the wife.

c. Legal pluralism: Legal pluralism creates complex legal frameworks, with overlapping rights, multiple and competing levels of authority and often contradictory rules. For women, navigating through the different systems can be particularly difficult.

LIMITS/CHALLENGES 2d. Socio-cultural contraints: Cameroon is a patriarchal society

whereby the male is the primary and dominant figure, to social organization with recognized authority over women, children and all property, including land.

e. Lack of information and knowledge: In the 21st century women enjoy more freedom and power than ever before. However many of them still lack knowledge of their entitlement, are not aware of their legal rights, nor that they can claim protection or how to do so.

f. Uncertainty• Land tenure reform format: law or ordinance• Time: if law, when shall it be tabled before Parliament

g. Integrating its recommendation on women’s land rights, in the land law reform in Cameroon, as the first draft made little or no change to the situation of women.

RECOMMENDATIONS a. Improvement of the legal framework• Conformity with relevant international standards• Include specific legal provisions• Co-existence of statutory and customary law

b. Improve knowledge, literacy and economic empowerment• Training and guidelines for staff• Institution of gender-sensitive paralegal courses in Cameroon

c. Strengthening awareness raising, information and communication

• Accessible and appropriate information and communication• Communication within formal and informal institutions

d. Strengthen collaboration with other stakeholders• The German Cooperation (GIZ PRoPSFE, REPAR, National

Council of Traditional Rulers & FAO

CONCLUSION WLRs are important, complex and sometimes

controversial especially in the African context Necessity to accommodate the co-existence of statutory

and customary laws Continued efforts are necessary to promote gender

sensitive legislations. Changing mentalities and pushing for increased

advocacy and awareness are some of the goals set by REFACOF.

It’s not about rivalry but rather complimentarity between man and women

Women need to be at the forefront!