The Women and Land Studies
WOMEN AND LAND IN AFRICA : CASE STUDY OF SENEGAL
By Ngoné Diop TINE and Mouhamadou SY
April 1998
Abstract
This study will analyse the important role played by women in the Senegalese economy through their contribution in agriculture, which remains the key activity and the target of development policy. Such analysis shows that although their contribution is extremely important, it is invisible and not taken into account. Although they toil in the land, women have no right to own it. Land is the property of men. Even when most of the rural men immigrate to developed countries and stay there for many years, they still control the land cultivated by women who are in charge of the families� welfare. In order to study why women cannot own land in Senegal, how the three institutions -tradition, religion and the law- rule the land together to the detriment of women must be studied.
We would like to analyse the outcome of our fieldwork, which gives the trends on the rights of Senegalese women to access and own land. Considering that gender relations are not natural laws but are social constructions, our purpose is to advocate change in order to achieve the promotion of the rights of Senegalese women to own land. As stipulated by the United Nations Food and Agriculture Organisation ” agricultural productivity cannot be…. increased, nor can rural poverty be alleviated, unless women �s access to key ….Resources and survival is substantially improved. The consequences of patriarchy …are very expensive.”
In this regard, our main strategy to achieve our objective is to use the key institutions, such as tradition, religion and law to change the trends, as is widely admitted that these institutions are likely to be interpreted and exploited by men to their own advantage.
We will take the opportunity given by the various NGOs in Senegal, to work with them in order to consolidate our action. Among these NGOs, we are making contact with OXFAM/UK, RADI (African Network for Integrated Development), AAWARD (Association of Africa Women for Research in Development), Association of Senegalese Women.
GENERAL INTRODUCTION
In Senegal, just like in other African countries, land is considered as a very important resource. This consideration is a consequence of the fundamental place that agriculture occupies in the Senegalese economy. It provides its owner with an essential means of survival. The problem of land is, therefore, one of the country�s most complex issues. If it is not the explicit cause of certain fratricidal conflicts which Senegal has experienced, it is, to a large extent, their implicit cause. Very often in Senegal, one witnesses bloody ethnic conflicts over land : those opposing the Peul-herdsmen and the Serer�farmers, without forgetting that land can oppose members of the same family who may go as far as take up arms against one another.
In view of its importance and its complexity, the issue of land has been the object of numerous studies carried out by International Organisations (e.g. FAO, World Bank, IMF, IFPRI). In addition to these, there are those sponsored by African countries themselves.
However, there is need to emphasise that it was only recently that studies relative to the land issue integrated gender analysis. This type of analysis shows the secondary quality of interest shown so far to the female dimension of the issue.
And yet, there is no choice but to admit that African woman, in general, and Senegalese women, in this instance, represent an incomparable labour force for the land. Seventy-percent of the agricultural products, whether they are meant to feed Senegalese families or for export, are produced by women (FAO, 1985) who, nonetheless, cannot have any rights of ownership over land. Women constitute seventy-five percent of the Senegalese rural population, and carry out eighty-one percent of agricultural work. They cultivate about seventy-percent of the subsistence crops but are also responsible for the whole food chain from production to consumption, including transformation.
The socio-cultural factors inherent in tradition (customs) and religion define and govern the human rights of Senegalese women, of which the right to own land is considered the least important. In fact, tradition and religion strictly define the status of women, which grants them explicit duties/obligations and treats with disdain even their most elementary rights. Depending on whether a woman is married divorced or a widow, she is assigned the duty and even the obligation to cultivate the land belonging to her husband or her family while she is denied the right of possession. On top of customs and religion, the law, in fact, comes along as an institutionalisation of the way in which the former define and govern the woman�s rights to own land.
Objective of the study
The main objective of the project is to study how tradition, religion and law interact to define and govern women�s rights to own land in Senegal. By referring to human rights paradigms, we are going to study the way in which the Senegalese women�s rights to own land are governed by tradition, religion and law. To do this, we will identify three groups of Senegalese women : the married woman, the divorcee and the widow. Since customs and religion differ characteristically from one community to another, we will choose three types of communities: the Serer Community, the Peul Community and the Wolof Community.
These communities were chosen because of the diversity in their ways, customs, in their religions, as well as in the variety of links that bind women to the land.
The Serer Community functions on the basis of the regime of matriarchy, the basic principle of which is that the person inherits properties from the maternal line of descent. There is need to note that, even though Serer tradition grants more importance to the maternal line of descent, the woman cannot have a right to own land. If she inherits her uncle�s lands, they should be retroceded to her children. The advent of the Catholic religion brought about significant modifications in the practice of Serer customs. Henceforth, the woman can own a small patch of land but she can cultivate it only after having completed the task assigned to her on the land belonging to her family or husband.
The Peul community: is a community that is intensely patriarchal and rigidly organised into a hierarchy with the nobility at the top of the hierarchy and the casted situated at a lower level. Even though it is a entirely composed of Muslims, the application of habits and customs when it comes to land is still very important. Here, the land belongs to the men. In terms of land distribution, the woman belonging to the nobility is in the same boat as the casted man.
Finally, we will examine the Wolof Community , ninety-five of which is composed of Muslims. It will, therefore, be interesting to see how tradition and the interference of the Sharia (Muslim Law) with Republican law govern the woman�s right to own land.
However, there is need to note the divergence of views on what constitutes tradition or customs. Similarly, religion is the object of various controversial interpretations, very often by men and to the detriment of women. Therefore, we will study how this situation may work in favour of women. In other words, how can women use/interpret the tradition and religion to defend their rights to land?
The study will not be limited to a critical analysis. Its other objective is to open perspectives for the promotion of women�s rights to own land. Thus, we will conduct the study by using a process composed of the following three major stages :
1. We will carry out empirical and theoretical research on the issue of land ownership by Senegalese women;
2. In the light of this research, we will make concrete proposals for the promotion of the Senegalese women�s rights to own land. We will work with Non Governmental Organisations, universities and activists to evaluate and disseminate these proposals. This will be facilitated by my being a member of the Senegalese Association of Female University Graduates (ASFDU), which is a non governmental association, recognised by the Senegalese State and aimed at promoting women�s rights of all sorts. It co-operates closely with Non Governmental Organisations, International Organisations and public authorities (through the Ministry in charge of Women, Children and Family Affairs).
3. Comments and suggestions emanating from this evaluation will enable us to revise and reformulate our proposals. The proposals that will be finally adopted will then be communicated to Government Agencies, Non Government Agencies and ” policy-makers ” with a view to their implementation.
We will, thus, briefly present the country under study, Senegal, by laying emphasis on the status and place of women in Senegalese society. We will then throw into relief the results of our empirical work (Part I). Finally, we will make recommendations aimed at promoting women�s rights to own land (Part II).
General Presentation of Senegal
Senegal, a Sahelian country, par excellence, is situated in West Africa and was, during the French colonization, the capital of French West Africa (FWA). With a surface area of about 250,000 km�, Senegal is limited in the East by Mali, in the West by the Atlantic Ocean, in the North by Mauritania, in the South by Guinea-Conakry and Guinea Bissau. Estimated at 8,300,000 in 1995, the Senegalese population is characterised by the significant demographic weight of women (52%), the predominance of young people under the age of twenty (58%) and its rapid demographic growth with an annual rate of (3%).
Despite the considerable progress accomplished in the fields of education and health, the global fertility index remains high, i.e. 6 children per woman. The health situation of women is still the cause of concern and is explained by the phenomenon of feminisation of poverty, the disastrous socio-cultural behaviours and the insufficiency of health services. The demographic and health survey conducted in 1992-1993 mentions a rate of 510 maternal deaths for 100,000 successful deliveries.
In 1995, the illiteracy rate among women was estimated at 78% against 53% for men. The full-time education rate for girls is still insignificant and decreases as they progress in the educational system. In fact, girls represent 46% of pupils enrolled in primary schools, 33.7% of high school enrolments, and only 26,7% of those enrolled at the higher education level (Ministry of National Education, 1995). The poor education of Senegalese women is, largely, due to their limited access to wage-earning jobs. In fact, even though women represent 70% of the active population, the wage earners among them constitute only 7,4% of the female population. They are concentrated in the primary sector, agriculture, in this case (75%) as well as in the informal sector.
The important work of women remains invisible and depreciated. We increasingly witness the aggravation of poverty because economic, social and political development programmes completely ignore them as attested by Isabell Droy : ” identified in the statements, forgotten in the statistics, classified as family workers, dumb in the programmes, women are marginalized in the new institutional (training , access to credit) and legal (land allocation) or organizational mechanisms. Women as ” instruments ” for the physical reproduction of the group, for the creation of basic social relations, for agricultural productions are classified at the same level as ” things “… they disappear behind men, be they father, brother or husband “
At the political and legal levels, Senegalese women are in an unenviable position. Even though the Senegalese Constitution entitles women to vote and to be eligible, and despite the ratification, since 1985, of the Convention on the elimination of all forms of discrimination against women, women represent only 10% of the members of the current Parliament. This amounts to saying that women�s access to decision-making organs is extremely limited.
PART I : Situation of the Senegalese women�s rights to own land : results of empirical studies
For reasons of efficiency, it seems important to us to define, first of all, the notion of ” ownership ” which relates back to three essential characteristics:
- The right to use the thing (usus),
- The right to enjoy it (fructus),
- The right to exploit it (abusus).
Thus, the right of possession should not be confused with the simple right of access, which is very restrictive because it is limited to ” use.” The rights of possession cannot be violated except for reasons of public benefit and following a fair and prior compensation. In connection, ” Land ” should not be understand in an extensive and abusive manner as this could lead to its confusion with real estate. Within the framework of this study, it refers to the ownership of land used for farming or other similar purposes.
- Sampling and Data collecting tools
- Sampling
The study of the landed property of women in Senegal led us to give priority to three ethnic groups of the Senegalese cultural landscape. These are the Wolofs, the Peuls, and the Serers who respectively represent the total Senegalese population. At the religious level, Islam and Christianity which constitute the two major religions, with ninety-eight percent of the Senegalese population following one of these belief systems, were examined. However, only one mainly Serer and Christian locality, Joal-Fadiouth, was the subject of investigation. For the other two essentially Muslim localities, the surveys were carried out in the rural community of Medina Sabakh at the heart of the groundnut basin, for Wolofs. Medina Sabakh is situated in the arrondissement of Medina Sabakh, Department of Nioro du Rip, Region of Kaolack. For the Peuls, the locality selected was that of the rural community of Medina Ndiathbe, arrondissement of Cascas, Department of Podor, Region of Saint-Louis.
In each of the three localities or ethnic groups, discussions were held with following:
- Married women, divorcees and widows: They constitute the major targets of the study. Emphasis was placed on the status of each woman in order to understand better the way in which they are treated by the law, tradition and religion;
- Administrative authorities and particularly Sub-Prefects and heads of CERP: These authorities are responsible not only for ensuring that the laws are implemented but also for providing technical support to rural councillors;
- Religious authorities (marabous and priests): It is difficult to know the point of view of the religion on women�s rights to own land without the enlightened opinion of religious guides in a country in which almost everybody is a believer;
- Traditional authorities: they are the custodians of the tradition, exercise customary rights and see to the social balance of the group;
- Locally elected representatives: They represent the population in the rural councils and are the only ones competent to allocate and revoke land.
Table No.1 : Distribution per target and per ethnic group
Wolof
|
Peul
|
Serere
|
Total
|
||||||
Number
|
%
|
Number
|
%
|
Number
|
%
|
||||
Women Administrative authorities Religious authorities Traditional authorities Locally elected authorities |
28 2 3 5 5 |
65,11 06,66 69,77 17,85 17,85 |
25 2 3 2 5 |
67,57 05,41 08,10 05,41 13,51 |
25 3 2 5 5 |
63,41 07,31 04,88 12,20 12,20 |
79 7 8 12 15 |
||
Total |
43
|
100
|
37
|
100
|
41
|
100
|
121
|
Source : Ngone Diop TINE and Mouhamadou Sy
The table calls for a few comments:
- At least one woman leader of a female association was met; among the other women there are those who are members of associations for the promotion of women and those who are not;
- In each locality, at least 2 administrative authorities were interviewed. All the cases concern Sub-Prefects and their deputies or heads of CERP;
- With regard to traditional authorities, each village chief was met. In the case of the Joal-Fadiouth Commune, discussions were held with the Deputy-Mayor;
- With regard to religious authorities, priority was given to specialists in Islamic Law and not to marabous in general ;
- Finally, among the locally elected representatives, at least the first Vice President of the Rural Council responsible for state-owned land and a female rural councillor were interviewed. With regard to the exceptional case of Joal-Fadiouth-Mbodiene, meetings were held with members of the Rural Interest Group (RIG), in this case, rural and municipal councillors.
- Data collection and analysis tools
Data collection was facilitated by the following means:
- A documentary review relative to major writings on women and on land in Senegal, in particular, and in Africa, in general.
- Field surveys with the help of guides designed to that effect. The use of guides instead of questionnaires is due both to the nature of the study, which requires a qualitative approach, and to the fact that the main targets are illiterates.
Finally, the data collected were analysed according to a systematic approach.
II – WOMEN�S RIGHTS TO OWN LAND
2.1 According to tradition
- – Wolof
In Wolof society, the traditional laws on land are of two kinds. The first which is by far the most important, the ” right obtained by virtue of fire, ” is detained by the ” lamane ” (i.e. the descendent of the person who was the first to burn down the forest and whose territory had been demarcated by a fire lasting between three and six days). The second, which some people consider as not constituting a real right, is ” the right obtained by virtue of the axe, ” which corresponds to concessions made by a lamane, on his own land, to a farmer to clear them in return for payment; the lamane was paid a symbolic rent (a sheaf of millet).
Traditionally, the absence of the ownership of land by women is, according to the Imam of the Medina Sabakh mosque, however, due to the following : “It is the status of the woman which explains why she is not often associated in the sharing of land since she is expected to remarry and to often leave her village. She thus prefers to be under the authority of her brothers. This is what explains why the land is confiscated by men. ” Finally, according to Wolof tradition, a women whether she is married, divorced or a widow cannot own land. She is entitled only to the right to use it. Thus, all the fields belonged to the husband who could redistribute some patches of land to his wives. These fields were, in general, used to cultivate groundnuts while the big field belonging to the husband was reserved for growing millet.
2.1.2 – Serer
The Wolof and Serer laws on land are very similar. The relations between the producer and the land occupies a predominant place in Serer society which is profoundly rural. Masters of the land remain the holders of both the rights obtained by virtue of fire and the rights obtained by virtue of the axe. Land in Serer society has maintained its mysterious and esoteric side. Paul Pelissier, author of the important work on Senegalese Farmers thus justifies the almost religious power of the lamane: ” The unquestionable nature of their rights lies, above all, on the initial agreement which he entered into with the spirits of the forest, consolidated by ancestors whose work and fervour have fertilised the soil and who continue to live ” on the spot ” in the kingdom of the dead. The lamane is, besides, one of the priests of the religion of the land, who, by his sacrifices, his offerings, his rites, obtains for the living the favours of the Pangol, which are indispensable for the fertility of the fields as well as for the prosperity of the flocks.” Finally, the system of succession grants great importance to inheritance by virtue of kinship on the mother�s side. This is why only women can inherit their mothers� paddy fields. And, for this same reason, nephews inherit their uncles� properties. Women devote themselves to rice farming while men cultivate millet. However, the break-up resulting from the modernism of the early 1960s, sanctioned the ” renaissance ” of the paternal lineage. Today, sons no longer inherit from their uncles but from their fathers.
2.1.3 – Peuls
Peul land law differs from Wolof and Serer land laws in fairly distinct ways. Contrary to Wolof law, Peul law does not recognise the supremacy of the right obtained by virtue of fire over the right obtained by virtue of the axe. Both are recognised as traditional methods of land acquisition. As a result of its mystical character, land is in general not an individual affair but a family, group or community affair. On the basis of this observation, all the men and all the women are entitled only to its use.
The land of each family is, in general, managed by a patriarch who is responsible for distributing it to various members of the family in the wide sense, giving more priority to men according to the principle of gerontocracy. Women are in the same boat as the casted members of society and their access to land particularly depends on the amount of water available. When land is discussed in Peul society, one alludes to land in the Walo area liable to flooding in comparison to land of the ” dieri ” which is, particularly at the moment, the object of little envy. In the period of food shortage, tenant farming is different from ” taile ” which, in Wolof and Serer society, is close to pawning in which case the pawnbroker benefits from the use of the field left as surety as long as his debt remains unpaid.
- – According to the religions
- – Islam
Women�s right to own land is an eminent right recognised by Islam. It does not admit any reservations and, with regard to inheritance for example, applies toto the totality of the father�s or husband�s property. In fact, women have the right to inherit land in the same capacity as men on the basis of the principle of one share for the woman and two shares for the man. This discrimination, which is, besides, favourable to men, is justified by the fact that the latter is responsible for the household. The wife is entitled to one-eighth of the property of her husband when the deceased husband has children and to one-fourth if he has no children.
There is a widespread belief according to which the woman cannot inherit land under Islamic law which recommends that she stays at home and takes care of household chores. According to this opinion which is erroneous, the woman should not work in the fields and consequently, cannot own land.
Finally, Islam has its own conception of the national domain. If an outsider exploits farming land, openly and publicly, for ten years without its real owner complaining, the land then becomes the owner of the outsider. If a family member exploits, under the same conditions, farming land belonging to this same family, the land becomes his own, by right, after forty years.
- – Christianity
The Christian point of view on the right of women to own land does not admit any ambiguity. For the Christian religion, men and women are equal and as such, have the same rights. Women can own land in the same capacity as men. According to all the Christian religious leaders we met, the Christian religion aims at family welfare and encourages all initiatives relative to the development of women.
- – According to the law
- – The law relative to the National Domain
- – Background
The National Law 64-46 of 17th June 1964 is the main legal reference as far as land is concerned in Senegal. In his statement on 1st May 1964, former President Leopold Sedar Senghor indicated that : ” The object of the law was to move from Roman law to Negro-African law, from the bourgeoisie conception of land ownership to the socialist conception of traditional black Africa in order to counteract the landlord mentality which had developed. ” The law was voted in a context marked, in the rural areas, by the lethargy of the traditional land system which benefited only a minority of individuals, in this case, the big landowners or ” lamanes ” whose land transactions were very detrimental to farmers without land.
- – Territorial Space and legal status of the national domain
The national domain covers 95% of Senegalese land and in principle, all the land , with the exception of certain categories, comes under it. In fact, by virtue of Article 1 of the Law : ” [All land is] considered as National Domain, by right, all land which is unclassified, unregistered or the ownership of which has not been transcribed in the land registry at the date of entry into force of the present Law. Are not considered as part of the National Domain, by right, all land which, at that date are not subject to a registration procedure on behalf of a party other than the State. ” The land belonging to the National Domain is classified into four areas according to urban and rural needs, concern to protect nature and to conduct a harmonious and lasting national development. These areas are identified as the urban areas, the local areas, the pioneer areas and the classified areas.
For the purpose of this study, the local areas are particularly interesting because the so-called urban areas fall within the competence of the communes, the classified areas are a forest zone while the pioneer areas are reserved for major agricultural development companies, in general, to conduct development and joint management programmes with the farmers� movement as a major partner. At this point, there is need to stress that some parts of the pioneer areas end up in the local zon Finally, the latter constitute, par excellence, land falling under the authority of the indigenous population through their locally elected representatives. In Articles 7 and 8, the Law provides : ” The local area corresponds to land which is regularly exploited for rural settlement, farming or animal rearing. The land belonging to the local zone are allocated to members of the rural community who ensure that they are developed and exploited under the control of the State and in accordance with laws and regulations. “
- – National Domain Management
Management of lands falls within the competence of the State, the rural communities and development and planning bodies on the basis of a certain number of criteria, including equity and profitability. The underlying principle is that land should be given to those who exploit it. The parent authority�s role is to exercise control over management actions taken by bodies representing the Rural Council, ensure that legislative and regulatory provisions relative to the national domain are implemented in an efficient and intelligent manner and finally, to represent the State before the local population. As far as land management is concerned, the parent authority carries out acts of control and police favourable to agricultural exploitation and conflict prevention.
- – Law 72-25 of 19th April 1972
By Law 72-25 of 19th April 1972, the State established the Rural Community whose role is to promote community development at the grassroots through farmer participation. Under this law : ” the Rural Community is composed of a certain number of villages belonging to the same locality, bound by solidarity due, particularly, to proximity, having common interests and able to find the resources necessary for their development. ” The Rural Council constitutes one of the essential organs of the Rural Community, and the only one competent as far as land allocation and revocation are concerned. It is in this capacity that we should acquaint ourselves with it within the framework of the study on women�s rights to own land.
In accordance with Article 336 of the Local Authority Code, the decisions of the Rural Council are enforceable only after being approved by the Sub-Prefect. As for the conditions of land allocation, they are of two sorts. First, the possibility to use land should be granted first to the inhabitants of the locality. Second, land is allocated to an individual or a moral person provided he/it develops it. Finally, the allocation of land belonging to the national domain is decided for an unspecified duration and the only causes for its revocation are the absence of development and its integration to State-owned land.
- – Rural Interest Group (R.I.G.)
The decision to carry out a study on women of Mbodiene Village (Nguenienne Rural Community) logically required us to get acquainted with the Rural Interest Group which is the only body authorized to manage farming land which falls under the jurisdiction of the Nguenienne Rural Community, and to a lesser degree, the Commune of Joal-Fadiouth . Created by Decree 80-1105 of 4th November 1980, the RIG constitutes an original mechanism for the joint management of farming land belonging to two neighbouring administrative entities. The RIG of the Nguenienne Rural Community and of the Commune of Joal-Fadiouth is a unique example of its type in Senegal and if only for this reason, it deserves particular attention.We know that elsewhere in the country (Mbour, Pout) similar programs could be initiated for the resolution of conflicts over land.
In fact, traditionally, the population of the two administrative entities shared the same farming land but under cover of the administrative division issuing from Law 72-25, the population of the Commune of Joal-Fadiouth in particular, saw their local areas transferred to the neighbouring administrative entity of Nguenienne. Since the population of Fadiouth drew most of their revenues from agriculture and not from fishing, which is especially practised by foreigners, they were obliged to turn to the Nguenienne Rural Community to dispose of farming land. Such a situation could only create frustration on both sides and it was to redress it that the RIG was set up. Article 17 of the Decree specified: ” The attributions entrusted to the Rural Council and to its Chairman with regard to the management of land falling within the national domain situated in the Nguenienne Rural Community are exercised by the Chairman of the Rural Interest Council. Later on, the article pursues: ” The allocation can be pronounced in favour of either a member of the Rural Community or of several members assembled in an association or co-operative, or to persons living in the Commune of Joal-Fadiouth but who are engaged in agricultural and pastoral activities mainly in the Nguenienne Rural Community “. Finally, the RIG is composed of six members including three rural councillors of the Nguenienne Rural Community and threemunicipal councillors of the Commune of Joal-Fadiouth. Four out of the six councillors should be elected by universal suffrage and 2 represent associations of an economic or social nature. The Chairmanship of the RIG Council rotates between the Mayor and the Chairman of the Rural Community.
III – THE STATE OF LAND OWNERSHIP BY WOMEN AND MANNER OF ACQUISITION
- – Wolof society
- – State of ownership
Unanimously, women of all status taken together, expressed their land needs in Wolof, Peul as well as in Serer localities. The situation is as follows in the Medina Sabakh Rural Community.
Table No. 2 : Land ownership and manner of acquisition (Wolof)
Manner of acquisition |
Total
|
|||||
Inheritance
|
Acquisition
|
RC Deliberations
|
Gifts
|
Number
|
%
|
|
Married Woman Widows Divorcees |
1 2 – |
1 1 – |
4 1 1 |
1 – – |
7 4 1 |
58,33 33,33 08,34 |
Total |
3
|
2
|
6
|
1
|
12
|
100
|
Source : Ngone Diop TINE and Mouhamadou SY
Out of the entire 28 women interviewed, only 12 (i.e. 42,85%) own land. Women landowners are in general married women, followed by widows and divorcees. The most common manner of acquisition is Rural Council deliberations, followed by succession laws. There is need to point out that women who own land mainly belong to Associations for the Promotion of Women. Almost all the women admit having the right to use the land and actually use it as required by men (i.e. by husbands and brothers).
- Manner of acquisition
- – Succession Laws
In most cases, the provisions of succession laws have been complied with in Wolof society, which provide the widow and the orphan with the opportunity to inherit 1/8 or 1/4, depending on the case, of the property of her husband or her father . Land is considered as property just like all other material properties and does not enjoy any special treatment or discrimination.
In cases where Islamic provisions have not been respected, it is because customary law was given priority. This priority is established by arguing, on the one hand, that the woman is expected to marry or remarry and maybe leave her village, and on the other, that if her brothers on the mother�s side inherit the land, she can always use it as she wants. From a historical point of view, the inheritance of landed property has always been the affairs of men and they are the ones entitled to redistribute family land to members of the family (including women) who request it. Thus, women are in a situation where their access to land depends on the will of either their fathers or their husbands.
3.1.2.2 – Purchase
Even though traditionally land was considered a sacred and inalienable property, over the years the monetarization of the economy, demographic growth, and the arrival of new land- hungry emigrants, resulted in the institution of transactions over land. The sale of land is especially practiced by big landowners like lamanes who are reticent to apply the law relative to the national domain. Since land can be bought, any wealthy woman can buy it. If up to now financial transactions have not been widespread, this limitation is justified not by the application of the law relative to the national domain but rather by the fact that some of the land belongs to the community.
- – Rural Council (RC) Deliberations
These deliberations have benefited women members of Associations for the Promotion of Women. However, allocations are limited because of the scarcity of land. The existing land belongs to some lamanes who, because they cannot exploit them, engage in lending land to farmers in exchange for annual royalties. Members of women’s associations who need land either turn to the village chief or negotiate with the landowner and, later on, request that it be allocated to them by the Rural Council. At this point, the Rural Council only confirms, through its deliberations, the contract concluded between the women�s association and the lamane. The rural councillors are very sensitive to collective requests especially when they are supported by the CERP head or the Sub-Prefect. The presence of women (25% of the councillors) within the Council has not brought any significant change to the state of land ownership by women because the Council no longer has land to distribute.
- – Limiting factors
- – Land shortage
Shortage of land constitutes a major, objective constraint on the entire groundnut basin, where the difficulties confronting land ownership are linked to its salinisaton, the immense demographic pressure and the absence of fallow land. All those interviewed were of the view that it is almost impossible now to obtain land in the arrondissement of Medina Sabakh , and this explains the immmigration towards the south of Senegal. However, according to the Vice Chairman of the RC who is also responsible for state-owned land, the RC has about 100 hectares of reserved land situated 10 kilometres away from Medina Sabakh. Unfortunately, this land has become solidified and its exploitation requires substantial investments.
- – Lack of training and information
The deficiency in training and education concerns both the women and the rural councillors themselves. Even though women are aware of the existence of Law 64-46, the fact remains that this knowledge is still superficial. It cannot be otherwise when one knows that over eighty-percent of these women are illiterate. For example, none of the women met knew that the law entitled them to attend Rural Council deliberations.
In General, women are not aware of the importance of the RC or of its numerous prerogatives, especially within the framework of regionalization. And, it is maybe for this major reason that the Rural Council (RC) is not considered by them as a very important body. They justify their low representativity in this decision-making body by the fact that it is monopolised by men. The women interviewed did not take any actions to fight either to be better represented at the RC or to see to the implementation of the provisions of the Law relative to the national domain. Why? The fundamental reason dwells in the fact that they do not want to disrupt the tradition.
As for the councillors, they also suffer from an immense lack of training and information. Many of them are illiterate and, as such, their implementation of laws written in French can only create problems. The function of councillor is seen as a political and social promotion and not as a vocation. This is all the more true as the awareness sessions organized for councillors to know their role are often transformed into political platforms with a more pronounced instrumentalization of women thrown.
- – The socio-cultural factors
We have no choice but to admit that despite the country�s political and economic development, the way in which women are seen socially has not changed to a great degree. Prejudices and stereotypes attached to women still endure. They are still seen by many men as inferior beings. Furthermore, some women seem to delight in this situation. For fear or respect for tradition, they are satisfied with what the men want to let them have with the hope that the situation will change some day. It is for these socio-cultural reasons that all the women we have interviewed accept their marginalization. Even when decisions affecting them directly are taken, their participation is very ineffective.
Women equally suffer from the absence of a strong female leadership worthy of the name. The rare Presidents of Associations for the Promotion of Women have very limited powers. They are incapable of either influencing decisions taken by men or exercising any form of coercive authority over them.
Finally, the weight of tradition is such that the religious and legal provisions have ended loosing their meaning because they were not implemented. Tradition is put forward and serves as reference both for problems of heritage and for implementing the law relative to the national domain.
- – The non implementation of laws and religious clauses
It has always been difficult to implement the law, in general, and on the national domain in particular, because of the existence of a strong customary law. This was Abdoul Aziz Diagne�s observation in Local Authority : ” The law relative to the national domain continues to pose problems, nearly thirty years after its promulgation. Its aim was, however, to create and develop rural communities which progressively take over responsibility for their economic and social development. Its implementation is far from being perfect. ” Along the same lines, the Sub-Prefect of Medina Sabakh also admits that the provisions of the law have not been applied except in two cases. First, the Rural Council agrees to allocate land when it has been proven that it does not belong to anybody. There is need to note, at this point, that either the land allocated in this case is not of good quality, or that it is situated very far from the village. Second, there is a conflict over land and the Sub-Prefect resolves it by referring to the provisions of the law. It goes without saying that such a conflict is, in general, first brought before traditional and religious leaders. Turning to the administrative authority as a last resort calls for compliance with the law.
There are several certifications of non-implementation of the law. For example, as the rainy season approaches, the lamanes engage in real land transactions. They lend land to the needy in exchange for royalties which vary between 15,000F and 25,000F per hectare. The administrative authorities and the locally elected representatives are witnesses to such illegal practices but point out either the socio-cultural inertia or their legal incompetence to arrest such criminal acts. These justifications seem insufficient, in our view, especially when one knows that for political reasons, the councillors are very careful not to upset their constituents. As a result, they seem more preoccupied with taking advantage of their situation than implementing the law. As a result, vast areas of land are often monopolized with the complicity of Rural Community Chairmen.
The ” lamanship” still endures in the arrondissement of Medina Sabakh, the scope of speculations over land, the allegiance of farmers without land make it legitimate to say that the law on the national domain has not achieved its major objectives. Almost thirty-three years after its adoption, it continues to be denounced and the Senegalese scene, as far as land is concerned, remains roughly the same.
- – In Peul society
- – The state of ownership
Table No. 3 : Land ownership and manner of acquisition
Manner of acquisition |
Total
|
||||||
Gifts
|
Inheritance
|
Purchase
|
RC Deliberations
|
PIV
|
Number
|
%
|
|
Married Woman Widows Divorcees |
– – – |
– – – |
– – – |
3 1 – |
3 1 – |
6 2 1 |
75 25 – |
Total |
–
|
–
|
–
|
4
|
4
|
8
|
100
|
Source : Ngone Diop TINE and Mouhamadou SY
The table on the state of ownership and the manner in which women acquire land in Peul society is full of lessons to be learned. In fact, out of a total number of 25 women, only 8, or thirty-two percent own land. In other words, less than one woman in three is a landowner. This low rate is partly due to the fact that land is neither inherited nor bought nor even received as a gift. The female landowners are, in general, married or widows. Among all the divorcees that we have interviewed, none owned land. Divorcees in Peul society have a status close to that of the young girl. They live, in general, with their fathers or elder brothers.
- – Manner of acquisition
- – The laws of succession
In the northern part of Senegal, the fate of women is far from being enviable. In fact, despite the penetration of Islam in the population�s culture, the fact remains that tradition occupies a predominant position. The fate of women with regard to land ownership is closely linked not to the provisions of the law on the national domain or even the interpretation of Islamic Law but to traditional law. It is customary in Peul society that land is considered sacred property which cannot be owned by an individual, whether a man or a woman. This means that neither men nor women are entitled to own land. The land belongs to a whole family, in general, and it is jointly-owned. There are, however, a few rare exceptions in which the land has been shared among family members but continued to be managed indirectly by the patriarch of the family.
The traditional and religious leaders unanimously admitted that Islam gives women the right to own land. The law on the national domain also recognises the woman�s right to own land. In the face of such unanimity, how can the exclusion of women from land ownership be explained? How do we explain the non-compliance with the provisions of the ” Charia,” for example? To this question, one of the eminent specialists in Islamic Law in Amorphil Island provided the following reply : ” The Charia is not implemented in issues of inheritance because the tradition predominates and as long as the latter makes it possible for order to prevail, so much the better. The woman has the right to own land but very often she makes no claims because she can win her case before her brothers. ” As it appears, the religious law is not implemented and women thus lose the opportunity to gain acceptance for their succession rights. Almost all the women interviewed know that Islam entitles them to own land.
Besides, many erroneous interpretations of Islamic texts make people believe that Islam has no consideration for women. And men who sometimes deliberately confuse customary law and Islamic law with, as a major preoccupation, the perpetuation of male domination, often strengthen such prejudice. With regard to the right to use land, women are definitely better off. They can exploit land in decline in the same capacity as men who are given priority. The idea underlying this bias in favour of men is that as head of the household, man should have means of production. However, many women are also heads of households especially in this area marked by male emigration. Paradoxically, even when they are absent from Senegal, Peul men have more rights over land than the women who are left behind to cultivate them.
- – Rural Council deliberations
The Rural Council of Medina Ndiathbe has immense land reserves and both the local population and other Senegalese, including potential agro-businessmen, apply for their use. However, because of the communal character of the land, in general, the Rural Council allocates it only to individuals with the consent of other members of their families. This explicitly means that the Council refers less to the law and a lot more to custom when it takes decisions.
When associations for the promotion of women need land, they refer first to their village leaders and their councillors; if the village chiefs are reticent, the request is exceptionally addressed to the Rural Council and no legal appeal is made. In certain scenarios, the traditional chiefs allow women to exploit some of the land. This situation is all the more precarious as women do not have any proof of allocation from the Rural Council and, as a result, it is not possible for them to make certain investments on land which does not belong to them. The case of the Cascas Association for the promotion of women in the RC is an illustration of this situation. Members of this association, created in 1974, has so far been exploiting a PIV of 22 hectares lent to them by men of the village thanks to the support of an NGO known as USE.
- – The PIV plots
Within the framework of their development projects, certain pioneer areas managed by SAED are subject to PIV which are retroceded , afterwards, to the population. Such retrocession which applies to both men and women has made it possible for many men to have personal plots of an average area of 0.20 hectares. This is a form of land ownership which reduces the inequalities between the sexes and embraces the attendant socio-economic realities. Women are among the major economic agents of the Senegal Valley and, for that reason, they should be able to dispose as they wish of factors of production, the most fundamental of which is the land. Besides, almost everywhere in the Valley, all themselves, plots of land funded by NGOs or Embassy funds, group women into Associations for the Protection of Women and exploit. These are, in general, market gardening zones, which they cultivate with the help of power-driven pumps installed at the bank of the Senegal River.
- – The limiting factors
- – Illiteracy
Illiteracy affects close to ninety-five percent of women and seventy-eight percent of the councillors. One often sees councils chaired by an illiterate or having a single literate member who is then saddled with all the administrative responsibilities without any assistance from his fellow-councillors. Despite sensitisation seminars on the role of the RC, for example, the complexity of the texts and the legal language have discouraged many of them. Fortunately, CERP officers carry out a praiseworthy supporting work. Even though their presence in political battles is immensely felt, women are often held back by their illiteracy. They represent twenty-five percent of the councillors constituting the Medina Ndiathbe RC and all of them are illiterate. This strongly impedes their determination to defend their sisters. Women Councillors are very perceptive of women�s need but, for the time being, they say they do not have the possibility of satisfying them.
- – Socio-cultural inertia
Lack of change is fairly constant in this locality marked as it is by conservatism. This helps explain and justify the marginalization of women by decision-making bodies, the non -compliance with provisions of Islamic law as well as of the law on the national domain.
Women justify their silence, and even the lethargy of associations for the promotion of women by the suffocating pressure of tradition. Otherwise, how does one explain the fact that women cannot own land when the latter exists in abundance and when both Islamic law and the law on the national domain are in favour of it?
However, men see the issue of land ownership differently. In the view of some of them, women deserve to own land in recognition of their new economic role and their contribution to the upkeep of the family. These men admit that women were able to provide the appropriate responses to the economic crisis. Others expressed the view that women�s land ownership should not be encouraged. One of them explained his point of view as follows : ” Women have become very ambitious. They want to take the place of men. The NGOs and projects support women a lot to our detriment. Women�s access to land is going to lead to the loss of men�s power. ” Many men largely share this viewpoint which may appear strange and even shocking. The economic breakthrough of Peul women over the past twenty years is such that it has started instilling doubt in men. We have seen villages refuse to allocate land to their women associations without valid reasons.
- – Other factors
Among these other limiting factors, one can include the RC�s lack of organisation and the payment of land delimitation fees. The Medina Ndiathbe RC is confronted with unmistakable difficulties. The geographic limits of the various traditional localities are difficult to define because the RC is composed of a given number of villages. The land register and the rural cadastre are non existent. There is no follow-up on applications for land. And, applicants for land ownership are required to pay 6,000 F per hectare to the RC. This may appear exorbitant for newly created associations for the promotion of women, for example. Moreover, land applicants should necessarily call out the CERP leader and the officer in charge of state-owned land who are responsible for reconnoitring the plots of land being applied for. Yet, the CERP leader lives over 50 kilometres away from certain villages that are members of the RC and are located on the island. The resources allocated to the CERP are insufficient and they have enormous difficulties to travel around.
- – In Serer society
- – Ownership of land by women and manner of acquisition
- – Land ownership
Table No.3 : Land ownership and manner of acquisition (Serer)
Manner of acquisition |
Total
|
||||||
Gifts
|
Inheritance
|
Purchase
|
RC Deliberations
|
PIV
|
Number
|
%
|
|
Married Woman Widows Divorcees |
– – – |
8 6 2 |
– – – |
4 2 1 |
– – – |
12 8 3 |
52.17 34.79 13.04 |
Total |
–
|
16
|
–
|
7
|
–
|
23
|
100
|
Source : Ngone Diop TINE and Mouhamadou SY
Out of the 25 women interviewed in Serer society, 88.46% own land. This means that women land ownership is a reality contrary to what happens in Peul and Wolof societies. Married women are the major landowners with a rate of 52.17%, followed by widows and divorcees respectively. There is need to point out, however, that with regard to the nature of the ownership, the latter should not be understood according to the Western sense which is translated by an act of ownership.
- – Manner of acquisition
- – Inheritance
Inheritance is the main manner of acquiring land, followed by allocations by the Rural Council. In fact, the Serer woman occupies a privileged position which is explained by the Vice Chairman of the RC of Nguenienne as follows: ” Women inherit land in the same capacity as men. However, since paddy fields are the business of women, only girls inherit from their mothers. ” We were able to confirm this allegation both in Fadiouth and in Mbodiene where women engage in rice farming in the dregs as well as in rain-fed sugar cane cultivation . Men, in general, grow millet and the limits of their land are very precise.
- – Limiting factors
- – Shortage of land
Shortage of land is a reality, particularly for farming land, as a result of the demographic pressure and the phenomenon of salinisation and “tannification “. Even the paths used by the livestock in search of pasture is sometimes utilised for agricultural purposes; and this can lead to conflicts between farmers and animal breeders. As a result of land shortage, the RIG is not well thought of by the rural councillors of Nguenienne who consider it as a means of expropriating their constituents. The locality has only one reserve, i.e. the 4,000 hectares of classified forests of Ngazobil.
- – Other factors
It essentially concerns demarcation fees of 5,000 F per hectare which should be paid to the RC to obtain land. Women�s associations or other organisations, which need a lot of land, might be required to pay huge financial charges.
Finally, the Christian religion is not an obstacle to women�s owning land. Actually, it has not so far interfered with matters of inheritance or conflicts.
Thus, women�s access to land depends only on her wish to do so. Moreover, land in this society cannot be subject to transactions nor can it constitute a gift. Since the areas that can be cultivated are limited, the population tends to look for new land.
3.1.2.2 – Rural Council deliberations
Many members of the RC of Nguenienne are literate, with remarkable experience in the field of management. It seems to us to be the best organised CR and the most perceptive of the needs of the population. In fact, the procedures guiding applications for land are very clear, and well known by the population. For example, applications should be addressed to the Chairman of the RIG between January and April of each year. Application for land used for implementing agricultural projects should be accompanied by feasibility studies and a technical report from the CERP. The councillors are reticent to allocate vast areas of land and they ensure that the project has a socio-economic impact on the locality.
The council is very favourable to applications emanating from associations for the Promotion of Women and deploys a lot of effort to find land for them even if it means making arrangements with landowners. All the possibilities offered to the RIG are exploited in the interest of the population. It should, however, be pointed out that the RIG does not give any title deeds except for arboricultural projects. The reasons given to justify this option are the following:
- If they keep delivering title deeds, there will be no more land to distribute and this might mortgage the future of generations to come. Instead, the RC delivers exploitation permits which are valid for a year or two;
- Holders of title deeds may be tempted to sell their land.
Finally, the RC did not have to revoke land and there again, socio-cultural inertia was referred to. For the first time, out of a total of 33 members of the Rural Council, 8 are women.
- – Comparative study of the state and manner in which women own land
With regard to the state of ownership, Serer women are by far the most well-off in terms of land ownership, followed by the Wolofs and the Peuls. The major distinctive feature is that women inherit land directly from their mothers, which is not the case in Saloum and in Fouta. Both in Saloum and in Sine, succession laws and the allocation of land by rural councillors are referred to as the main modes of acquisition. In Fouta, on the other hand, the PIV are the major sources of land. In Fouta, land shortage is an unknown phenomenon while in the other two areas under study it constitutes the main impediment. Similarly, land speculation can only be observed in the arrondissement of Medina Sabakh.
The socio-cultural inertia is still constant, particularly in Fouta. They are limited in Medina Sabakh and in Mbodiene. Everywhere, customary law has an illustrious history and even prevails over religious (particularly Muslim ) and administrative laws. The administrative authorities and the locally elected representatives are not always ready to implement the law on the national domain except in cases of force majeure, like is the case of conflicts which can sometimes be bloody. With the exception of some councillors of Medina Ndaithbe, all the others accept the access of women�s associations to land. Those of the rural interest group (RIG) assist them in that regard by making arrangements with landowners.
Finally, women in all areas, except Mbodiene, expressed the need to have land but they are not always ready to face up to the obstacles confronting them. In theory as well as in practice, the Christian religion is very favourable to the ownership of land by women. As for the Muslim religion, theoretically it is favourable but in reality its provisions relative to succession are not very well respected, especially in Fouta.
- – The factors determining the ownership of land by women
Women�s access or ownership of land cannot be considered as an accident. On the contrary, Some determining factors can be noted.
- – Socio-cultural environment
As we have seen in the case of the RC of Medina Ndiathbe, it is not because there is land in abundance that women become ipso facto landowners. Other considerations, particularly relative to tradition, are taken into account. In fact, in all the localities with an unfavourable cultural environment, the ownership of land by women raised many problems. This situation is all the more understandable as law and religion are often subordinate to traditional law.
The very enviable situation of the women of Mbodiene and Fadiouth is due more to the favourable attitude of Serer custom which valorises women than to the tolerance of the law and of religion. Were it not for the existence of matriarchy in the case of the paddy fields, the situation of Serer women would probably have been the same as those of their Peul and Wolof counterparts.
- – Level of organisation of women
The results of our survey correctly express the saying ” united we stand, divided we fall “. Individual applications for land have very little chance of being satisfied compared to those emanating from organised groups such as associations for the promotion of women and economic interest groups. This has been particularly confirmed in the case of the rural interest group. The administrative authorities have clearly stated their strong support for group applications. Unfortunately, the female leadership is still weak and is not likely to encourage the real promotion of rural women. Furthermore, women still do not have the means to combine their efforts and engage in a common struggle to resolve common problems like accessing factors of production, in general, and land, in particular. So far, women organisations have worked in a disorganised manner. The level of organisation of women, in general, is intimately linked to their level of training and information.
- – Attitudes of administrative and religious authorities
As administrative authorities, Sub-Prefects and CERP heads are supposed to provide technical assistance to rural councillors, particularly with regard to the interpretation of texts and the delimitation of land. In all the areas in which they are co-operative with the women�s association, the results have been favourable. With regard to religious leaders, their bias towards any cause may prove crucial. It seems to us that if these authorities had insisted on the implementation of Islamic clauses with regard to landed property, women would have had a better lot. Similarly, the fact that almost all Serer women are landowners may be explained by the very favourable attitude of the Christian religion which does not discriminate between me and women.
- – Attitudes of locally elected representatives
As authorities supposed to represent the interests of the population and are responsible for allocating and revoking land, the locally elected representatives are very well placed to understand the difficulties of women but also to provide the appropriate solutions. As we have seen in the example of the RIG , the councillors� level of training and information as well as the conception they have of their constituents play essential roles. The councillors of the RC of Medina Ndiathbe are more inclined to respect traditional law than to comply with law 64-46. They are less sensitive to the needs of women despite the existence of female rural councillors in the RC.
- – The support of NGOs and development projects
As was the case with the Association of African Women of Cascas, USE contributed positively in giving women the possibility to accede to land. Without the support of this NGO, what would be the fate of the 446 members of these associations? Elsewhere, in Saloum, the American NGO Africare and PGCRN are also trying to help women to obtain allocation acts for the purpose of trying out new development projects. For example, Africare deals only with associations for the promotion of women holding land with title deeds issued by the rural community. Once this condition is satisfied, they will accept to provide financial and technical support to women�s associations desirous to embark on farming enterprises.
Part II : Recognizing the rights of Senegalese women to own land : Recommendations
These empirical studies show a flagrant violation of the rights of Senegalese women to own land. They are confronted with great difficulties to appropriate the land they cultivate and, therefore, to have economic power.
The role of women in Senegalese economy, both in the rural and urban areas, in all the sectors of activity and, in agriculture in particular, is the most important. It would be an illusion to want to build a strong, prosperous and respected nation without the participation of the majority of its human resources. Since women represent fifty-two percent of the Senegalese population, how can we talk about a fair, balanced and lasting development without their real participation in decision-making and their access to factors of production, including land. Continuing to want to marginalize women economically and politically, to use them only as an untrained and uninformed labour and electoral force, is a historical mistake. At the time when Senegal is fully experimenting its decentralisation policies and is pursuing strategic economic reforms, there is need to recall that Senegalese women are central in its development. Understanding it differently means going against the tides of history and ignoring the dynamics in process. The Ministry in charge of Women, Children and the Family Affairs was right when it wrote in the foreword of the National Action Plan for Senegalese Women 1997-2000: ” The solution is not to live in the past, because it is recognised today that a fossilised society is a society condemned to degenerate . Senegal is experiencing a radical change as witnessed by the multiplicity of ideas disseminated around it, and the riches of its human resources which constitute its greatest asset in the struggle against poverty and for the institution of a lasting development. ” Women, administrative, religious and traditional authorities, locally elected representatives as well as the civil society should combine their efforts to obtain a better future for Senegalese women.
To achieve this, we have two types of recommendations: general and specific.
I – General Recommendations
- – Concerning Women
It would be an illusion to try to promote women without their active and genuine participation. To achieve this, some actions should be undertaken both by women and by their organisations.
* Be trained and be informed: As things stand, it is difficult for women to face up to development challenges with an illiteracy rate of seventy-eight. And yet, education and training should be privileged if we are to have a strong representation of women in decision-making organs, and the development of female leadership and the ability to fight against social stereotypes and poverty.
Respecting women�s rights such as access to land is not possible unless women know their prerogatives and are well armed intellectually to defend their cause. Wherever women�s associations are composed of illiterates, they are bound to turn to men. Is there need to recall here that education is a fundamental right contained in the Senegalese Constitution? It is a universal need, indispensable for the individual�s development. Finally, functional literacy seems, in our view, an effective means to fight illiteracy, particularly in the rural areas. After 300 course hours, women succeed in mastering the instrumental knowledge and the accompanying practical contents such as the legal rights of women, decentralisation, and health.
- Setting up strong organizations: There is no need to fight certain phenomenon like illiteracy without the appropriate organisational framework. In general, women�s struggles have little success because of the non-existence of a unified framework for joint operations. It is encouraging to observe that women�s associative movements are fully developing in Senegal. Some federative structures have even emerged, and among them we can mention. In particular, FAFS created in 1977 and FNGPF formed in 1987. The latter is composed of some 4000 associations for the promotion of women, with about 500,000 members.
- Strengthening female leadership : It is not enough to have well-trained and well-informed women within strong organisations, if a true female leadership does not exist in Senegal ; because of the socio-cultural inertia weighing on Senegalese women, the latter need to have true leaders capable of revolutionising their situation. The qualitative changes necessary for the promotion of women cannot be left to the State and its development partners alone. Organizations of intellectual women, like the Association of Female University Graduates, the Association of female jurists, and others have a historical role to play.
- Increasing women�s economic capacity : At present, seventy-fiv percent of poor households in Senegal are situated in the rural areas. According to the provisions of the law on the national domain, land should be allocated on the basis of the need for profitability. This means that if women do not have the financial resources necessary to develop the land allocated to them, they run the risk of having it revoked by the Rural Council. The fight against the marginalization of women is also a fight against female poverty. We have observed that the more women contribute financially to the upkeep of the family, the more they develop their capacities to negotiate and the more rights they acquire. Any contributions for the improvement of the social situation of women should, at the same time, be preoccupied with strengthening their economic capacity, which is the only guarantee for their autonomy.
- Going into decision-making bodies : With only 9.09%, women are insufficiently represented in municipal and rural councils. In this present legislature only 10% of the MPs are women. These are the organs, par excellence, in which decisions on major strategic orientations are taken and, if only for that reason, women stand to gain by participating actively in decision- making processes. At a time when regionalization is becoming a reality, the decentralised participation of women should not be excluded.
- – Concerning the Civil Society
These recommendations are aimed especially at national, African and international NGOs as well as associations for the promotion of human rights, in general, and of women’s right, in particular.
- Supporting women�s projects: in order to assist women to make up for lost time, it is important to provide them with special programmes on gender, such as the World Bank PAPF which aims at reducing the illiteracy rate by five percent, with its main target being rural women. Some NGOs like RADI have developed important programmes relative to the legal rights of women in rural areas. Such programmes will gain in being popularised.
- Encouraging the gender approach : the issue of relations between the sexes, the roles and power should be examined in detail. Some NGOs have already recommended this approach and refuse to finance projects or programmes in which women are pushed into the background. Among these NGOs, we have OXFAM/GB which has set the gender approach as a condition sine qua non for financing the programmes of its partners.
II – Specific Recommendations
The preceding empirical studies attest to the disproportionate gender relations between men and women. Contrary to widespread beliefs, these relations are not the result of natural laws but are social constructions in which tradition plays a very fundamental role. Our aim is to contribute in changing the course of things. Using the law, religion and tradition to promote the rights of Senegalese women to own land, is our main strategy.
- – Using the Convention for the Elimination of All Forms of Discrimination Against
women (CEDAW) to promote land ownership by Senegalese women
The CEDAW was adopted in 1979 by the United Nations General Assembly and ratified in 1980. Senegal ratified it in 1985. But, as we have observed above, tradition is still very important in Senegal. It impedes the application of the law as well as of religion. Tradition/culture, therefore, discriminates against women.
The Convention on the elimination of all forms of discrimination against women rests on the assumption whereby all the practices which violate women�s rights, no matter how deeply rooted they are in the culture, should be eradicated. The Convention calls on governments to work for the transformation not only of laws but of culture, with the aim of achieving equality between men and women. As a signatory of the CEDAW, Senegal should take all the appropriate measures to neutralise the tradition and push the law forward.
To achieve this, functional literacy and information should be reinforced. In this way, the Senegalese Government can eradicate certain traditional practices, which consider that women do not need economic resources such as land because men support them. In this perspective, the information and sensitisation of traditional, customary authorities is indispensable. No policy aimed at the promotion of women can be effective unless customary and religious authorities are involved. As we know, the rural population of Senegal are, in general, both religious and conservative.
There is need to change the mentalities of both men and women. We appeal, in particular, to Peul men. The promotion of women should not be considered as a weakening of men and even less so as a threat, but simply as a reality with which to be reckoned. Referring to this need for changes, the Minister responsible for Women, Children and Family Affairs made an appropriate declaration : ” It is clear that the hoped for developments will create imbalances, which need to be taken into account to make progress. Improving the situation of women and young girls has to necessarily go through the implementation of changes beneficial to society as a whole. These changes will result in the loss of certain privileges by some people and can be misunderstood by others- both men and women. We can, therefore, expect resistance from them, but they cannot stop the course of history. ”
Senegal�s recent history teaches us that religious and traditional authorities have been closely associated in all the successful national social mobilisation campaigns like the fight against AIDS or sexual mutilations. Why don�t we therefore organise a national social mobilisation campaign for the ownership of land by women? The experience of the American NGO TOSTANE suggests that regular information sessions aimed at traditional leaders, men and women can effectively convince both sides of the urgent need to eradicate some forms of discrimination against women.
- – Introducing principles contained in the CEDAW in the national laws of Senegal.
The main laws relative to land in Senegal are the law on the national domain adopted on 17th July 1964 and the law of 19th April 1972 relative to the establishment of Rural Communities. According to these laws, the two main conditions for land allocation are listed below:
- The use of the land should be granted first to inhabitants of the locality,
- The land should be allocated to persons able to develop it.
If these laws do not seem, a priori, to be unfavourable to the appropriation of land by women, its neutrality shows that it does not integrate the gender approach in its provisions. Furthermore, the clause on the ability to develop the land can be ambiguous.
These laws should be amended to integrate the principles of the CEDAW. In fact, article 14 of the CEDAW deals, in particular, with discrimination against rural women. The article stipulates the following:
” States Parties should take into account the specific problems confronting rural women as well as the important role that these women play in the economic survival of their families, particularly through their work in the non monetary sectors of the economy, and should take all the appropriate measures to ensure that the provisions of this Convention are applied to women of these areas�The States undertake to eliminate the discrimination against women in the rural areas in order to ensure that they participate, on the basis of equality between men and women, in rural development and in its advantages. ”
Furthermore, in view of the ongoing socio-economic changes, on the one hand, and the determination of women to accede to credit, on the other, there is need to carry out reforms that encourage rural entrepreneurship. It should be interesting to see how land can be used to secure bank loans to women, for example. The Senegalese Ministry responsible for Women, Children and Family Affairs, in collaboration with other Ministries, the private sector, associative movements, the public and private media, could create and support such initiatives. Once these amendments are made, the Government should see to it that the law is respected.
- – Ensuring the implementation of the laws
The local parent authorities, namely the Sub-Prefect and the rural managerial councillors should ensure that the laws are complied with. All deliberations submitted to the parent authority, for appreciation, should , at the risk of being invalidated, necessarily be accompanied by all documentary evidence of the application for land as well as the technical report with the recommendation of the head of the CER. This measure has the advantage of avoiding the allocation of vast areas of land to private farmers. In his article on the management of land belonging to the national domain, Abdoul Aziz Diagne was right to recall that: ” The administrative authorities should exercise, much more efficiently, the control which is devolved on them and which should apply as much to the legality as to the opportunity of decisions taken by rural councillors in order to put and end to the abuses detected. ”
2.1.3 – The local authorities should have a better understanding of the texts
The quality of implementation of texts effectively depends upon the rural councillors� level of competence. And yet, the violations observed in the application of law 64-46 are due both to socio-cultural inertia and to the celebrated incompetence of a good number of rural councillors. The training of councillors should be permanent and not occasional. The use of national languages, just like the PADEN (Project for the promotion of literacy among local representatives and notables) experimental programme, could be beneficial if only it addressed gender analysis in its various different training programmes.
- – Using religion to promote the rights of women to own land
It has been admitted that religion is interpreted by men to their advantage, thus to the detriment of women. Our strategy is to examine religion in more detail, to see how women can use it to defend their rights to own land. Two major religions were examined in our work: Islam and Christianity.
- – Christianity
The Catholic religion is very clear on land ownership and advocates the equality of rights between men and women. But here again, we realised that the population of Joal-Fadiouth (Serer locality with a majority of Catholics) puts tradition forward and implements it more than it implements religion.
- – Islam
Before discussing women’s right to land ownership under Islam, there is need to recall the status of women in this religion.
In the 7th Century, the emerging Islamic religion found women in a tragic and pitiable situation. For example, in India, women were buried alive with their dead husbands while in Africa, virgins were sacrificed to avoid the wrath or obtain the favours of certain deities.
In Arab countries, at the beginning of Islam, women were considered as objects of pleasure who were victims of all sorts of injustice, exploitation and humiliation. The advent of Islam was a decisive turning point in the promotion of women. In fact, the new religion had restored their status and given them the means to free themselves from the servitude of men. Under Islam, women have duties but they also have rights. However, there is need to note that there are several interpretations of Islam by men and these reduce the rights granted to women, such as the rights to own land. Still, This right is eminent and recognised by Islam and does not admit any reservations.
The main method of land acquisition described by Islam is inheritance. And women have the right to inherit in the same capacity as men but according to the principle of one share for women and two for men. Similarly, widows may inherit their husbands� property, including land according to the following principles:
- � of the property if the husband has no children;
- and 1/8 of the property if the deceased husband has living children.
This discrimination which is favourable to men is explained, in the 7th Century, by the fact that women did not have to work and were supported by men.
We have no choice but to observe that today this situation has changed. Women do over seventy-percent of the farming work. The contribution of rural and urban women in the economies of their countries is undeniable (even though it has not been admitted). As a result, the monopolisation of land by men can no longer be justified and we realise that men use the religion only to serve their own ambitions.
Discussions we have had with religious leaders, including the Imam of the Medina Sabakh mosque show that Islam is not against the adaptation of Muslim rites to the socio-economic or even political context of the moment. In other words, Islam is not against the development of women�s rights to own land. Our modus operandi is to consult more with religious leaders – particularly in the areas under study-, after which we will organise a workshop which will bring together men, women and religious leaders in order to give Islam�s point of view on the rights of women to own land .
Conclusion
The study on Women and Land in Senegal is an ambitious study which, beyond the observations inherent in the results of empirical works, aims to influence the Senegalese public authorities. It is thus the prelude to reliable land policy research without any discrimination against Senegalese women.
We might as well say that the value of the study will depend on its application, its follow-up. Thus, we will from time to time return to the areas under study in order to monitor ongoing sensitisation work.