Clash between customary law and general law remains a challenge in women’s land rights advocacy

By Nyasha Dube, Zvishavane

Konrad Adenauer Stiftung director Anna Hoffmann-Kwanga says the organisation’s women’s land rights program does not seek to totally dismantle the African tradition but to do away with social ills that discriminate women.

Speaking at the sidelines of the recently held KAS Advocacy and Lobby seminar in Gweru, Hoffmann-Kwanga said there has a misconception that Civil society seeks to dilute traditional customs with modern lifestyle.

“The issue of tradition is the most difficult part of the project but we first have to realize that the goal of equality is every nation’s goal, and it is also enshrined in the Zimbabwe constitution. It is hard to achieve because of some traumatic experiences we hear but people should not stop talking about it,” she said.

She added that as an organization they aim to achieve sustainable results.

“When one hears One World No Hunger for the first time they may not know that it’s about women’s land rights, but the fact that we are having such conversations is of great significance. Instead of providing food aid we have empowered women with resources and we have managed to reach a greater audience,” said Hoffmann-Kwanga.

Whilst KAS is in it’s second cycle of the project which seeks to eradicate food insecurity and poverty through empowering women with land for residential and production purposes, the project has also faced it’s fair share of resistance from some traditional leaders and men who feel that the program seeks to take away their power.

Traditionally men have been known to be sole owners of land, whilst women are viewed as perpetual minors who are not fit to be primary owners of land.

“Such conversations tend to be frustrating but at the end of the day what makes the interactions worth it is the difference in perspective. It’s a long process but something that needs to be done. Traditions change slowly and that’s a good thing because if they changed quickly they would lose their value,”

KAS director Hoffmann-Kwanga.

One of the facilitators at the Advocacy and Lobby seminar Dr Mandiedza Parichi, a Gender expert, said women should benefit from land ownership as stand alones not as beneficiaries of marriage.

“Women usually benefit from land through their relationships with men, and this defeats the whole purpose of gender equality,” she said.

Dr Parichi also emphasised on the critical role played by socialisation, how social constructions and stereotypes result in fear, stigma and intersectionality.

“When women fail to acquire land they resort to demeaning ways of getting the land, for example temporary marriage and having sexual relations with men in power,” she said.

A research conducted by Lupane Youths for Development Trust (LYDT) indicates that in some areas of Lupane it is still a cultural taboo for young women and girls to request land.

“Lupane is made up of the Tonga, Ndebele and other minority groups. Most men have access and authority to land whilst women speak through men ad their voices are suppressed,” said LYDT’s Tawanda Mazango.

Some of the findings of the research show that women enjoy land rights as secondary beneficiaries, traditional authority is still in the hands of women and how sociocultural stereotypes shape how women are perceived in society.

Legal Expert Debra Shiri also reiterated that although the constitution has tried to right the wrongs in women’s land rights, glaring gaps still exist.

“In Zimbabwe land is owned by State hence it’s not bankable. This means that the court has no power to share land whether in case of divorce or inheritance. One can only inherit a permit or offer letter not the land,” she said.

Lawyer Shiri added that the constitution has sections that support gender equality but implementation needs to be improved.

#Konrad Adenauer Striftung#Land Ownership#Shurugwi
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