Gender and Conflicts: Patriarchy Land System in Santa-Cameroon 1994-2016. Master’s Thesis by Chantal Muluh
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In Santa Sub-Division of the North West Region of Cameroon, land is one of the reasons for social inequality and conflict between most households even though domestic and international laws have been put in place regulating social inequality. To date, many rural women in Santa have had little land rights in practical terms due to the unjust customary values and the reliance system. The patriarchal system has favoured men to the disadvantage of women. With regards to this, most rural women living in the villages in Santa face difficulties in sustaining household upkeep, leading to intra-family conflicts.
Research by UN Women Watch has shown that rural women are hard-working in support of their households. However, women are still looked upon as the ‘weaker sex’. Despite the introduction of modern education and laws to empower them, the condition under which they live still shows no improvement from discrimination. The negative effects of patriarchy, have not been given due consideration as a security threat to women in research in Santa.
Notwithstanding, research institutions, and researchers have paid little concern in this area of studies as they mostly handle this problem from a general perspective of Anglophone Cameroon. Gender and land conflicts within families and communities in Santa remain unexploited. This research thus answers some of the questions with regards to the negative impact of women vulnerability to land ownership and control
Background to the study: Land, is one of the most valuable natural resources useful for the existence of humankind, and has been a source of conflict over who to own and control it at all levels. In most African societies such as in Ethiopia, Nigeria and Cameroon before colonization, they practiced traditional system of land ownership (communal life). In such societies, land was not regarded as individual property but rather a communal resource and distributed to use by families for household upkeep as the need arose[1]. The traditional approach to land as a communal resource was still in favour of men against women because most family heads were men. Thus, men still had control and ownership of the land. This has often led to family conflicts and also a threat to human security as well as absence of peace. Hanna and Jentoft suggest that in traditional societies land has been the main means of survival to humans[2]. For this reason, human beings have created social organizations and stratifications on the basis of gender and social class to ensure land ownership, control and access[3].
The complex political and social interactions attached to land ownership have often been a source of conflict in traditional-rural societies[4]. This has been as a result of the patriarchal land system practiced in many rural communities in Africa in general and Cameroon in particular. The complexities have created a chance for men to oppress and subordinate women in terms of land ownership and control. Despite the fact that in Cameroon, as the case is in many African countries where, a majority of the population is made up of women and especially in rural communities, land is mostly entitled to men. The men from these rural communities move to urban areas in search of greener pasture while leaving behind women who are expected to sustain most families through farming to combat household poverty as well as enable a favorable atmosphere for food security[5].
Notwithstanding, the complexity in land ownership in Cameroon can, to an extent, be traced as far back as during the colonial era where colonialism distorted the existing customary land organization and regulation[6]. In pre-colonial Cameroon, land tenancy was based on customary laws in a purely traditional system. Colonialism intruded with its political and economic interests which introduced formal land policies. The policies enabled land ownership to shift from traditional to formal ownership documented by formal instruments such as land tittles[7]. Gender discrimination which was also created or re-enforced by colonialism fostered discrimination in land ownership and enabled men and women to possess different powers over land ownership[8].
Also, traditional authorities played a significant role as custodians of community land responsible for distributing land deals[9]. The chief managed the land on behalf of the community’s welfare, as it remained a communal-customary-possession[10]. For someone who did not belong to the community, land access was possible in exchange for a set of goods negotiated by the chief. Article 13, decree No. 2005/481 on 16 December 2005 gave traditional authorities supremacy to give opinions on land concessions, adjudicate complaints over land titles and choose land for collective village property[11]. The extent of power and legitimacy exercised by traditional authorities is of considerable importance to the matter of land access and distribution which caused conflict within rural communities. This is so because the power vested in traditional authorities only tend to favour men against women since a woman could not be a chief.
Many countries including Cameroon are signatories to international conventions and optional protocols which advocate for the protection of the rights to own property by all; irrespective of sex, age or ethnicity. The United Nations (UN)[12] has a high moral principle of proposing and universally promoting as well as guaranteeing equal treatment to all genders, men and women which is visible in their Charter. The Charter begins with the phrase ‘We the People’, which is sufficient proof of its determination in creating a world free from discrimination. Similarly, the same determination is evident in the preamble[13] and provisions of the Universal Declaration of Human Rights (UDHR)[14]. The Convention on the Elimination of all forms of Discrimination Against Women (CEDAW[15]) articles 15(1), 2, 14(2)(g) and 16, International Covenant on Civil and Political Rights (ICCPR[16]) articles 1(2) and 2(1), International Covenant on Economic, Social and Cultural Rights (ICESCR[17]) article 2(2), African Charter on Human and People’s Right (ACHPR[18]) article 14, all advocate for the right to own property by all and Cameroon has ratified these laws[19].
In Cameroon, the 1974 Land Ordinance, states that, ‘the state guarantees to all-natural persons and corporate bodies having landed property the right to freely enjoy and dispose of such lands[20]. Also, the Cameroon constitution of 2008 prohibits discrimination in all forms[21].
Fonjong et al argued that though the Constitution of Cameroon subscribes to the principles of the UN Charter[22] which advocates for the rights to all to use, enjoy, own and dispose of property; this has not reflected reality in rural communities[23].
Even though women constitute major players in rural household management (education of children, provision of food and paying medical services for kids), patriarchal land system has disempowered them[24] as a result of too much value given to the traditional belief system that women are property and a property cannot own property[25].
Cameroon’s patriarchal approach to men’s land control have been strengthened by the fact that men are in the position to make laws and most often the laws are created to the advantage of men[26]. Moreover, customarily, women are regarded by men as a minority group and ‘weaker sex’ thus incapable of controlling or owning land[27]. This narrative is the reason for women not controlling land independently and on equal basis with men in the country[28].
Taking into consideration the above, this research which focuses on the inequalities of patriarchal land system in Santa argues that the root cause of conflict within families with regards to land ownership is as a result of the patriarchy land system. Therefore, sensitization is very important in order to let both men and women be aware of this facet. This analysis is placed within the context of a human security approach which demonstrates that protecting individuals from inequalities is an important way to deal with threats of insecurity.
Thus, looking at the growing demand placed on women to manage households and then deprived by the patriarchal system to own land in Santa and considering it’s a serious threat to women’s security, there is need to raise voices and actions taken to protect, empower and implement solutions to this which will foster development and ensure sustainable peace. Figure 1.1 illustrates the proper management of gender and conflicts within societies in order to prevent violent conflicts.
Objectives of the Study
General Objective
Generally, the researcher intends to examine the patriarchy land system practiced in Santa as a source of conflict and a security threat to women.
Specific Objectives
- To examine how legal and recognized land rights of women are implemented in Santa Sub-Division of Cameroon, given the interdependency between customary and modern land laws in establishing practical land rights to rural women in some of the villages in Santa.
- To examine the incidence of land conflicts faced by women in Santa.
- To discuss the effectiveness of measures put in place to ensure the enjoyment of land rights by women in Santa.
- To recommend possible solutions which could help mitigate the problem and bring about sustainable peace.
The main research questions that emerged from the objectives are: what account for conflicts between men and women in Santa over land? How legal and recognized are land rights of women in Santa? How effective are measures put in place to ensure the enjoyment of land rights by women?
You can read details or download the thesis by clicking the link below GENDER AND CONFLICTS PATRIARCHY LAND SYSTEM IN SANTA-CAMEROON 1994-2016 by CHANTAL Muluh POST GRADUATE THESIS
You can read details or download the thesis by clicking the link below GENDER AND CONFLICTS PATRIARCHY LAND SYSTEM IN SANTA-CAMEROON 1994-2016 by CHANTAL Muluh POST GRADUATE THESIS
Figure 1.1 Gender, Land and Conflict Prevention
Source: Gayle Nelson, Nagada Consultants,2006.
This figure summarizes gender issues with regards to managing land conflicts, experiences and decision-making power over land, differences in status in their communities and how both men and women should be treated equally in the development process. Women’s marginalization to own land and poor governance systems are at the root causes of conflicts with regards to land. Inequalities in access and control, and rights to own land creates tensions and disputes. In some instances, forced groups who feel disenfranchised to fight for what they feel they need or deserve to survive and prosper.
[1] Patience Munge Sone, ‘Approaches to gender conflicts on land ownership in the Courts of Anglophone Cameroon: human rights implications’ The International Journal of Human Rights, 17:4, 2013, 567-583.
[2] Hanna S., and Jentoft S., ‘Human use of the natural environment: An overview of social and economic dimensions,’ in Ecological, economic, cultural and political principles of institutions for the environment, ed. S. Hanna, C. Folke, and K.-G. Mäler (Washington DC: Island Press, 1996).
[3] Yonas Tafesse Qoricho, ‘Women and Land Rights in Rural Ethiopia: The Case of Wolaita’ (masters diss., University of Tromso, Norway, Spring 2011), 1-15.
[4] Lotsmart Fonjong, Lawrence Fombe, Irene Sama-Lang, ‘The paradox of gender discrimination in land ownership and women’s contribution to poverty reduction in Anglophone Cameroon’ Geojournal, 69:4, 2012, 5-18.
[6] Lotsmart Fonjong, Lawrence Fombe, Irene Sama-Lang, ‘The paradox of gender discrimination in land ownership and women’s contribution to poverty reduction in Anglophone Cameroon’ Geojournal, 69:4, 2012, 5-18.
[8] Perpetua Wambui Karanja, ‘Realizing the Rights of Women in Development Processes: Women’s Legal Entitlements to Agricultural Development and Financial Assistance’ Third World Legal Studies, 10:6, 1991, 109-135.
[9] Sandra Belaunde, Maria Cortes and Jonathan Hogstad, ‘Land, Legitimacy and Governance in Cameroon’, Columbia University School of International and Public Affairs, 2010, Available at www.institut-governance.org (Accessed on 17/04/18).
[10] Mamdani Mahmood, Citizen and subject, Princeton University Press: Princeton, 1996.
[11] Lavigne-Delville et al. ‘Land Governance and Securing Rights in Southern Countries: White Paper of French Cooperation Actors’ 2009.
[12] Fact Sheet No.2 (Rev.1), The International Bill of Human Rights”. UN OHCHR. June 1996. (Accessed on 24/03/18).
[13] UN, Universal Declaration of Human Rights, Preamble, 1948
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.
[15] UN, Convention on the Elimination of all Forms of Discrimination against Women, UN, 1979 The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states.
[16]UN, International Covenant on Civil and Political Rights, UN, 1966
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976, in accordance with Article 49
[17]UN, International Covenant on Economic Social and Cultural Rights, UN, 1966
Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 3 January 1976, in accordance with article 27
[18] African Charter on Human and People’s Rights, 1981
Also known as the Banjul Charter is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent, adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force 21 October 1986
[19] See Appendix 7 for the articles.
[20] The 1974 Land Ordinance represents the first national endeavor to provide an integrated normative and institutional framework for land tenure in Cameroon, Article 1.
[21] The Preamble of the Cameroon Constitution, Law No 2008/001 of 14 April 2008 to amend and supplement some provisions of Law No 96/6 of 18 January 1996.
[22] UN, Universal Declaration of Human Rights, UN, 1948
The Universal Declaration of Human Rights is a historic document that was adopted by the United Nations General Assembly at its third session on 10 December 1948 as Resolution 217 and outline all the rights to be respected and observed by all.
[23] Lotsmart Fonjong, Lawrence Fombe and Irene Sama-Lang, ‘The paradox of gender discrimination in land ownership and women’s contribution to poverty reduction in Anglophone Cameroon’ Geojournal, 69:4, 2012, 5-7.
[25] Patience Munge Sone, ‘Approaches to gender conflicts on land ownership in the courts of Anglophone Cameroon: human rights implications’ The International Journal of Human Rights,17:4, 2013, 567-583.
[26] Patience Munge Sone, ‘The Concept of Equality and Access to Land: The Case of the Anglophone Regions of Cameroon’ (PhD diss., University of Buea, July 2011), 2.
[28] Patience Munge Sone, ‘The Concept of Equality and Access to Land: The Case of the Anglophone Regions of Cameroon’ (PhD diss., University of Buea, July 2011), 2.
[1] UN Women Watch, ‘Facts and Figures: Rural Women and the Millennium Development goals’, Available at www.un.org/womenwaatch (Accessed on 16/02/18).
Berinyuy Cajetan is the founder and publisher of Human Rights and Legal Research Centre (HRLRC) since 2017. He has intensive experience in strategic communications for Civil Society Organizations, campaign and advocacy, and social issues. He has an intensive experiencing in human rights monitoring, documentation and reporting.
