Arguing traditions
Two major approaches on how to address women's land security can be identified: reforming the formal legal sector, and embracing informal community practices. However, through research conducted among Kenya's agricultural communities, the authors find that these systems formal, informal, or hybrid are underpinned (and undermined) by the same local power dynamics that control and ultimately prevent women from obtaining land, leaving all of these systems inadequate in ensuring women's access to land. Community leaders play a key role not only as local power brokers, decision makers, and protectors of local practices, but also as gatekeepers to the formal system. Thus, their decisions to support local power dynamics and limit access to the formal system essentially supporting traditions? in lieu of rights can effectively deny women access to their land rights. Based on these findings, the authors argue that the policy debate must shift away from pitting formal legislative approaches against support for 'customary' systems. With economic and political contexts influencing individuals, the debate must look at the social context within communities, whose members must be pressed to reject attempts to 'hijack' custom and legitimize abusive, self-serving behavior. This problem needs to be tackled using the same avenues that currently promote the marginalization of women, that is, the sociocultural value systems that determine which behavior, arguments, and actions are legitimate in a community. By working with existing positive values, the justice system used formal or informal becomes less important and a lasting, positive change on women's access to land rights might be achieved.
Summary: | Two major approaches on how to address
women's land security can be identified: reforming the
formal legal sector, and embracing informal community
practices. However, through research conducted among
Kenya's agricultural communities, the authors find that
these systems formal, informal, or hybrid are underpinned
(and undermined) by the same local power dynamics that
control and ultimately prevent women from obtaining land,
leaving all of these systems inadequate in ensuring
women's access to land. Community leaders play a key
role not only as local power brokers, decision makers, and
protectors of local practices, but also as gatekeepers to
the formal system. Thus, their decisions to support local
power dynamics and limit access to the formal system
essentially supporting traditions? in lieu of rights can
effectively deny women access to their land rights. Based on
these findings, the authors argue that the policy debate
must shift away from pitting formal legislative approaches
against support for 'customary' systems. With
economic and political contexts influencing individuals, the
debate must look at the social context within communities,
whose members must be pressed to reject attempts to
'hijack' custom and legitimize abusive,
self-serving behavior. This problem needs to be tackled
using the same avenues that currently promote the
marginalization of women, that is, the sociocultural value
systems that determine which behavior, arguments, and
actions are legitimate in a community. By working with
existing positive values, the justice system used formal or
informal becomes less important and a lasting, positive
change on women's access to land rights might be achieved. |
---|