Issues in Women's Land Rights in Cameroon

Chapter Seven - Land Reforms in South Africa and Uganda: Practices for Enhancing the Process in Cameroon

119 Chapter Seven Land Reforms in South Africa and Uganda: Practices for Enhancing the Process in Cameroon 1Lawrence Fombe & 2Irene Sama-Lang Abstract Many African states have experienced changes in their land tenure due to colonial impact and an evolving administration. The dynamics in tenure arrangements have affected community life and caused gender inequalities in regards to access to land. Prior to colonization, this important natural resource was very accessible to the poor and the underprivileged. Land reforms in most African countries in general and Cameroon in particular have been introduced through legal frameworks which leave much to be desired due to their vagueness and lack of clarity. Implementation of Laws related to land tenure has been epitomized by administrative irregularities and misunderstandings between statutory and customary authorities. Despite the fact that the societies from which such patriarchal laws were founded have evolved to respond to changing economic, political and some aspects of social life, issues on women’s land ownership have more often been met with very stiff resistance. Women are responsible for their household livelihood, and thus access to land for food production and sustainable livelihood is crucial to them. This study, through interviews and field investigation, examines land reform approach pursued by some African countries like South Africa and Uganda to address the issues involved in ownership and access for the underprivileged groups. It aims at drawing inspiration from these countries that have made tremendous attempts to resolve their tenure problems as a prelude for similar reforms that can be adopted by policy makers, 120 administrators and the government of Cameroon. It illustrates how good practices can positively impact women’s right to land to ensure their empowerment and sustainable livelihood. Introduction Pre-historical customary communities in Cameroon saw land as a deity and a source of socio-cultural wellbeing.117 Today, land is a key factor of production and development for an economy heavily reliant on agriculture like Cameroon. In the pre-colonial era of Cameroon, land ownership was clan-based and women were given rights to cultivate land allotted to them in perpetuity until death but without rights to dispose of it. This situation has not changed significantly because of the duality of conflicting laws (customary and statutory). Land reforms in Cameroon are epitomized by the revision of the Land Tenure Ordinances, which are the main laws regulating land ownership and management. The constitution remains gender neutral with regards to women land ownership rights. The application of ratified international statutes like United Nations Declaration of Human Rights (1948) and CEDAW (1981), which are gender specific and give priority of these statutes over local municipal laws, have mainly been insignificant with incidence on women’s right to own land. This is so because customary laws, which are subordinate laws, are deeply entrenched in issues of land ownership, especially if it involves women who are still traditionally regarded as legal minors118 . Courts of law are supposed to enforce statutory laws rather than to 117 Focus Group Workshop on Women’s Land Rights in Anglophone Cameroon, March-April 2010 118 Women are regarded as legal minors according to the Fons of Ndu and Kom because they are incapable of performing the rights of pouring libation, which, in customary jurisprudence is a fundamental symbol of land ownership. Also, Section 27 (1) of the Southern Cameroons High Court law, 1955 proscribes any custom which is repugnant to natural justice, equity and good conscience or incompatible with any written law. 121 bow to customary laws as in the case of Achu v. Achu119 . Land is still regarded as an exclusive male preserve, except when the woman has acquired a better socio-economic status or is a non-indigene120 . In this regard, Zziwa’s (1995) observations—that even if these statutes were applied they would necessitate reforms that would erode the foundation of the entrenched patriarchy and, for this reason, would make such laws ineffective–lends credence to the above assertions. The situation in Uganda was not very different from what exist in Cameroon. The introduction of a monetary economy meant a slight shift in the pre-colonial customary laws. Land that was clan based became individualized with the colonial powers’ introduction of land titling and taxes paid per head of household. Strapped for cash, these heads of households sold the lands that were now registered in their names as required by colonial laws (Tadria, 1985). With the introduction of...