From poverty to power - Oxfam-Québec

From poverty to power - Oxfam-Québec From poverty to power - Oxfam-Québec

12.07.2015 Views

2 POWER AND POLITICS I OWN, THEREFORE I AMadvancing funds to small farmers to buy the land. The alternatives,either compulsory purchase or seizing land without compensation,arouse ferocious opposition from landowners and their allies, and cangreatly increase opposition to reform.Market-led approaches have been widely criticised for ignoringissues of social justice: the beneficiaries are often not ‘the poorest ofthe poor’, they enter their new lands saddled with debt, and theapproach often recognises only individual titles, ignoring other, oftenmore widespread, customary land tenure systems. In practice, governmentsoften square the circle by handing out publicly owned land atlow or no cost.WOMEN’S PROPERTY RIGHTSIn wealthy countries, property rights were one of the first goals foughtfor by first-wave feminists in the nineteenth century, and today theyremain central to many organisations of poor women across theworld. 95 In many countries, a combination of attitudes and beliefs andlegal discrimination in both ‘modern’ and ‘customary’ law excludeswomen from owning land. Women rarely possess full rights over land,instead being forced to negotiate as secondary claimants through malerelatives – fathers, brothers, husbands, or sons.Women usually cannotinherit the matrimonial home on the death of their husband.Formalisation of customary law often means that a piece of land withmultiple users becomes the property of a single owner, usually male.For example, the Kenyan Court of Appeal ruled in 1988 that a wife’sinterests under customary law cease to exist once her husbandbecomes the formally registered owner. 96 The unpalatable option formany women is often between being a second-class citizen undercustomary law or being completely invisible under formal systems.The impact of the denial of property rights affects all women.Making a living depends on having a place to live, and – depending onwhat you do to survive – on having some land to farm, a room to runa business from, money to pay for materials and equipment, andsomeone to look after the children. Yet without legal rights to ownproperty, regardless of marital status, most women living in poverty indeveloping countries depend on their relationships with men to deliver77

FROM POVERTY TO POWERthese things. Hence their livelihoods are precarious. If the relationshipsours, or if the man falls ill and dies, how are they and their children tosurvive?The worst affected are women in charge of households, whosenumbers are rising through a combination of widowhood (due toconflict or HIV and AIDS) and family breakdown. The plight of theburgeoning number of widows is illustrated by the case of Mrs Chilala,a 78-year-old Zambian widow. Upon the death of her husband in1990, her brother-in-law began to bury dead bodies on her land toscare her away from the area, so that he could seize her land. 97Conflicts over land are likely to intensify in coming decades. In thecities, booming populations will force the poorest and most marginalisedinto ever more unsafe and precarious places, exacerbating thegulf between the ‘have homes’ and the homeless. In the countryside,climate change and environmental degradation are likely to reducethe amount of fertile land available, while the advent of biofuels andother new crops will increase land prices and squeeze poor people offtheir farms. Ever more assertive movements of peasants, landlessworkers, and indigenous peoples are unlikely to back down from theirdemands. How states and citizens’ movements deal with the pressurecooker of land conflict will play an important role in the futuredevelopment of many of the world’s poorest countries.78

2 POWER AND POLITICS I OWN, THEREFORE I AMadvancing funds <strong>to</strong> small farmers <strong>to</strong> buy the land. The alternatives,either compulsory purchase or seizing land without compensation,arouse ferocious opposition from landowners and their allies, and cangreatly increase opposition <strong>to</strong> reform.Market-led approaches have been widely criticised for ignoringissues of social justice: the beneficiaries are often not ‘the poorest ofthe poor’, they enter their new lands saddled with debt, and theapproach often recognises only individual titles, ignoring other, oftenmore widespread, cus<strong>to</strong>mary land tenure systems. In practice, governmentsoften square the circle by handing out publicly owned land atlow or no cost.WOMEN’S PROPERTY RIGHTSIn wealthy countries, property rights were one of the first goals foughtfor by first-wave feminists in the nineteenth century, and <strong>to</strong>day theyremain central <strong>to</strong> many organisations of poor women across theworld. 95 In many countries, a combination of attitudes and beliefs andlegal discrimination in both ‘modern’ and ‘cus<strong>to</strong>mary’ law excludeswomen from owning land. Women rarely possess full rights over land,instead being forced <strong>to</strong> negotiate as secondary claimants through malerelatives – fathers, brothers, husbands, or sons.Women usually cannotinherit the matrimonial home on the death of their husband.Formalisation of cus<strong>to</strong>mary law often means that a piece of land withmultiple users becomes the property of a single owner, usually male.For example, the Kenyan Court of Appeal ruled in 1988 that a wife’sinterests under cus<strong>to</strong>mary law cease <strong>to</strong> exist once her husbandbecomes the formally registered owner. 96 The unpalatable option formany women is often between being a second-class citizen undercus<strong>to</strong>mary law or being completely invisible under formal systems.The impact of the denial of property rights affects all women.Making a living depends on having a place <strong>to</strong> live, and – depending onwhat you do <strong>to</strong> survive – on having some land <strong>to</strong> farm, a room <strong>to</strong> runa business from, money <strong>to</strong> pay for materials and equipment, andsomeone <strong>to</strong> look after the children. Yet without legal rights <strong>to</strong> ownproperty, regardless of marital status, most women living in <strong>poverty</strong> indeveloping countries depend on their relationships with men <strong>to</strong> deliver77

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