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Download the file - United Nations Rule of Law

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<strong>the</strong> West, but that has made entire state institutionsmasculine preserves. 9 Even when womenhave de jure property rights, <strong>the</strong>ir de facto control<strong>of</strong> land is tenuous, and men largely mediatedaccess. In Imo and Abia states in Nigeria, forexample, average household farms are 9.8 hectares,<strong>of</strong> which only 2.4 hectares are allocatedto women. However, this land is not a claim, butra<strong>the</strong>r a lease, which women must organise from<strong>the</strong>ir husbands. Fur<strong>the</strong>r, widows cannot own land;<strong>the</strong>ir husband’s family keep it in trust for <strong>the</strong>irchildren. 10 As Robin Nielsen has pointed out:‘At various stages in women’s lives, <strong>the</strong>ir rightsto land are dependent on fa<strong>the</strong>rs, bro<strong>the</strong>rs, husbandsand sons. A more precarious foundation forland rights is difficult to imagine.’ 11 Ensuring thatwomen’s names appear on land records, that <strong>the</strong>irrights are enshrined in communal property systems,and that inheritance rights <strong>of</strong> widows anddaughters are established and protected, wouldgo a long way towards improving <strong>the</strong>ir condition.This is essential to empowerment and <strong>the</strong> promotion<strong>of</strong> entrepreneurial activity and should beplaced at <strong>the</strong> centre <strong>of</strong> property reform efforts.Equally, indigenous people around <strong>the</strong> world tendto suffer from weak or prescribed property rightsnot adequately recognised by law. These groups<strong>of</strong>ten hold land collectively, so ownership andaccess patterns do not always fit easily into imported,non-indigenous property systems <strong>of</strong> absoluteand individual nature. As <strong>the</strong>y are largelydisenfranchised, <strong>the</strong> customary land rights <strong>of</strong> <strong>the</strong>indigenous tend to be overlooked. The AbayandaPygmies in Uganda, for example, have beenentirely dispossessed <strong>of</strong> <strong>the</strong>ir land; <strong>the</strong>y haveendured persistent lack <strong>of</strong> recognition by <strong>the</strong>central government <strong>of</strong> legitimate claims to <strong>the</strong>irproperty. Indeed, <strong>the</strong> problem is far from solvedin developed countries. In 1902, Norway passedlegislation requiring full knowledge <strong>of</strong> <strong>the</strong> Norwegianlanguage for property ownership, effectivelymaking it impossible for <strong>the</strong> indigenous Sami toown land.In 2004 an International Labour Organisation(ILO) expert committee concluded that an Actpassed in 2003 to rectify centuries <strong>of</strong> exclusionarypractices still did not meet <strong>the</strong> minimumstandards for <strong>the</strong> ILO convention on <strong>the</strong> rights <strong>of</strong>indigenous and tribal peoples. 12 Global reform<strong>of</strong> property rights regimes must allow for formalrecognition <strong>of</strong> customary land rights as <strong>the</strong> basisfor inclusive property systems that include indigenouspeoples. There are some good examplesin The Commonwealth Native Title Act <strong>of</strong> 1993in Australia, and <strong>the</strong> landmark Te Ture WhenuaMaori Act in New Zealand, both <strong>of</strong> which respect<strong>the</strong> customary land rights <strong>of</strong> indigenous groups.Although time will tell if laws <strong>of</strong> this nature canchange deeply entrenched exclusionary practices,but legal empowerment for poor indigenousgroups will certainly remain key to tackling thischallenge in both OECD and developing countries.Urban slum dwellers are also excluded fromformal property systems. At least a third <strong>of</strong> <strong>the</strong>world’s poor, or a billion people, are living inslums without legal protection <strong>of</strong> <strong>the</strong>ir assets. 13Ironically, it is <strong>of</strong>ten insecurity <strong>of</strong> land tenureand wrongful loss <strong>of</strong> land in rural areas that encourage<strong>the</strong> poor to escape, while <strong>the</strong>ir propertyrights in urban areas are no less tenuous. Thereality <strong>of</strong> urban slum dwellers is sub-standardhousing conditions, forceful evictions, extortion,social exclusion, and environmental degradation,among o<strong>the</strong>r problems. The situation preventsdevelopment <strong>of</strong> adequate housing stock and <strong>the</strong>emergence <strong>of</strong> robust property and credit markets.Informal property systems are <strong>of</strong>ten perpetuatedin conflict-affected countries by flows <strong>of</strong> refugeesand Internally Displaced Persons (IDPs) from ru-65

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