Unending storm about women in land ownership

By JOHN OYWAThe attackers struck three days after she buried her husband. They took away the title deed for a three-acre piece of land the couple owned in Busia County, and drove off in her husbandfs car.When Mary Naliaka filed a case against her brothers-in-law with a local chief, citing her constitutional rights to inherit her husbandfs property, the clan rose against her. The in-laws said a woman had no rights to take over her husbandfs wealth.One week later in Nyamira County, a woman was hacked to death by her brother after they quarreled over the ownership of family land.Emboldened by the new Constitution that allows women to inherit family land, the woman planted napier grass in a piece of land she believed was hers, but her brother uprooted it, saying she had no right over the land.He taunted her, telling her to get married and demand land from her husband. Her mutilated body was later found dumped by the roadside in Amatierio village.Cross-purposesThe above incidents, and several others that go unreported, are testimonies of how culture is at cross-purposes with the new Constitution.Legal and socio-cultural experts warn land and property ownership rights may largely remain on paper as many communities cling to decades-old cultures that discriminate against women. They are barred from inheriting family land and property.Even though they voted for the new laws, many men are opposed to certain provisions such as those giving women equal rights.Before the promulgation of the new Constitution in 2010, Women land rights were governed by discriminatory customary practices and the Married Womenfs Property Act that was enacted in England in 1882.This colonial relic was anti-women and had entrenched disparities in issues of succession and property ownership that excluded women.The old Constitution did not give clear direction on womenfs right to land ownership. This resulted in serious injustices against women. Many widows were disinherited. Others were even killed or ostracised from their matrimonial homes for failure to surrender their husbandfs property.In the new laws, however, women saw an end to the injustices anchored on customs and traditions.But experts now say women may have to wait much longer before they can reap from the new laws especially those on their right to land property ownership.Respect ConstitutionAmong many communities, allocating family land to a daughter has remained a taboo subject.Parents bequeathing wealth to their daughters have been treated with contempt.At a meeting in Siaya County last month to discuss land injustices, widows gave sad tales of how they had been thrown out of their marital homes for refusing to surrender their husbandsf property.The participants differed over whether communities should respect the Constitution.A University lecturer and gender activist, Phoebe Nyawalo, told the forum many orphans continued to be disinherited long after the new Constitution was enacted."We thought the new Constitution would protect them, but the situation is worsening. It is the woman who feeds the family.It is the woman who tills the land and must have a say over it. Denying them the chance to own land is cruel," said Prof Nyawalo.Former District Lands Registrar, Kwanya Adongo, stoked more controversy when he suggested that besides bequeathing their daughters family land, fathers should also allow their daughters to construct traditional huts known as simba among the Luo."Women who do not wish to be married should be allowed to build their huts at their parentsf homesteads just like men. There is nothing wrong with this. We must respect the Constitution," he said.Retired chief, Mathews Odande, however said the new Constitution was interfering with cultural beliefs."The new Constitution unfairly favours women. They are now demanding land from their parents yet they will also be entitled to their husbandfs property. This is double allocation," Mr Odande said.He added: "In many societies, men will not allow the implementation of the Constitution, especially those touching on women and land ownership."Cultural hardliners A lawyer and political activist, James Atandi, says it was likely cultural hardliners would slow the implementation of the new land laws and calls for civic education to change the peoplefs perceptions on women and property ownership."The law is good but it is important to establish if the society is ready to embrace it. It is likely to fuel gender violence unless we sensitive communities," says Atandi.Mr Atandi says womenfs rights to own, inherit, manage and dispose of property have been under attack from independence because of cultures and bad laws.@

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