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Despite the existence of legal provisions and inter national commitments aimed at promoting gender equality in land rights, women in Senegal continue to face significant challenges in accessing and controlling land. While the Constitution of 2001 explicitly prohibits gender discrimination when it comes to property rights, traditional practices and patriarchal norms often limit women’s access to land. According to national statistics, despite constituting 70 percent of the country’s labor force in the rural sector, only 6 percent of women own agricultural land and 2.5 percent their housing. Traditionally, land is a collective family asset under the control of the head of household, generally male, who can then determine who does and does not have ac cess to it. As such, women primarily obtain access to land through inheritance, loans, or gifts within the family. Land rights obtained through these channels are generally temporary and secondary in nature, however, with women rarely receiving full administrative rights. Additionally, women’s limited knowledge of land access procedures and the influence of patriarchal norms con tribute to their marginalization in land matters. This tendency to rely on local custom and social norms is confirmed by the quantitative data gathered as part of this study. For both men and women, obtaining rights to agricultural land is primarily achieved through inheri tance (61.8 percent) and borrowing (loan) (24.2 percent). The other methods for obtaining land rights (purchase, gift, rental, allocation of use rights by municipal coun cil, etc.) are only very rarely used, with none shown to be above 6 percent. Importantly, only 1.1 percent of people who declared that they hold land rights stated that they held formal land allocation decisions from the municipal council. Essentially, women access land under male supervi sion (husbands, adult sons, or brothers). This practice is consistent with concepts of a woman’s place in so ciety. While social norms are often cited to perpetuate such discrimination, false interpretations of religious rules are also used. In many municipalities, a skewed interpretation of Muslim law has led to women’s exclu sion from land inheritance. Aware that they are being excluded, women use different strategies, both formal and informal, to access land rights. The gradual commodification of land and property appears to offer women a means of circumventing the difficulties they face in customary situations. The reality, however, is that women’s economic resources are, for the most part, very limited. Thus, while money could be a factor in women’s emancipation, its absence puts them in a situation of continued vulnerability, particularly in localities where land pressures are strong. Efforts to address gender inequality in land rights have included initiatives such as capacity- building and awareness-raising programs, reducing the costs associated with securing land use rights, and the use of quotas. While these initiatives have provided some encouraging results in improving women’s land tenure security, their effectiveness remains limited. Women’s participation in formal land decision making at the local level is also limited, with formal institutions often colluding with male-dominated customary institutions. The Law on Parity has allowed women to gain a stronger presence on municipal councils, but they remain poorly represented in land commissions and face barriers to active participation in debates. To overcome these constraints, women are creating their own strategies, such as collective ac cess. In certain municipalities, civil society organizations (CSOs), the state, and even technical and financial partners have implemented simultaneous initiatives combining various approaches—such as capacity building, awareness raising, advocacy, support for land use rights allocation applica tions, reducing survey costs, and quotas. These initiatives have provided encouraging results in improving women’s land tenure security. Local-level land governance at the is also characterized by formal institutions colluding with male-dominated customary institutions. At the local authority level, while the Law on Parity has ensured women now have a stronger presence on municipal councils, they remain poorly repre sented in land commissions, with very few women actively participating in debates. The few who have been able to assert themselves have benefited from capacity building and empowerment activities. The patriarchal norms underlying these forums, however, give women little or no voice, and can reinforce their marginalization. Finally, women’s marginalization in relation to land tenure is further exacerbated by a lack of transparency at the decision-making level. The report closes with a set of recommendations for improving the situation of women’s land rights in Senegal, directed at national government, local government authorities, CSOs, and donor-financed projects. These recommendations encompass the legal and policy framework, project-level actions, capacity building and public awareness, and increasing women’s roles in land governance institutions.

Gender Gap Analysis Part 1 : Land Rights and Gender Inequality in Senegal

Resource Key: QQLU9UCS

Document Type: Report

Creator:

Author:

  • World Bank

Creators Name: {mb_resource_zotero_creatorsname}

Place: Washington D.C.

Institution: World Bank

Date: 2024

Language: en

Despite the existence of legal provisions and inter national commitments aimed at promoting gender equality in land rights, women in Senegal continue to face significant challenges in accessing and controlling land. While the Constitution of 2001 explicitly prohibits gender discrimination when it comes to property rights, traditional practices and patriarchal norms often limit women’s access to land. According to national statistics, despite constituting 70 percent of the country’s labor force in the rural sector, only 6 percent of women own agricultural land and 2.5 percent their housing. Traditionally, land is a collective family asset under the control of the head of household, generally male, who can then determine who does and does not have ac cess to it. As such, women primarily obtain access to land through inheritance, loans, or gifts within the family. Land rights obtained through these channels are generally temporary and secondary in nature, however, with women rarely receiving full administrative rights. Additionally, women’s limited knowledge of land access procedures and the influence of patriarchal norms con tribute to their marginalization in land matters. This tendency to rely on local custom and social norms is confirmed by the quantitative data gathered as part of this study. For both men and women, obtaining rights to agricultural land is primarily achieved through inheri tance (61.8 percent) and borrowing (loan) (24.2 percent). The other methods for obtaining land rights (purchase, gift, rental, allocation of use rights by municipal coun cil, etc.) are only very rarely used, with none shown to be above 6 percent. Importantly, only 1.1 percent of people who declared that they hold land rights stated that they held formal land allocation decisions from the municipal council. Essentially, women access land under male supervi sion (husbands, adult sons, or brothers). This practice is consistent with concepts of a woman’s place in so ciety. While social norms are often cited to perpetuate such discrimination, false interpretations of religious rules are also used. In many municipalities, a skewed interpretation of Muslim law has led to women’s exclu sion from land inheritance. Aware that they are being excluded, women use different strategies, both formal and informal, to access land rights. The gradual commodification of land and property appears to offer women a means of circumventing the difficulties they face in customary situations. The reality, however, is that women’s economic resources are, for the most part, very limited. Thus, while money could be a factor in women’s emancipation, its absence puts them in a situation of continued vulnerability, particularly in localities where land pressures are strong. Efforts to address gender inequality in land rights have included initiatives such as capacity- building and awareness-raising programs, reducing the costs associated with securing land use rights, and the use of quotas. While these initiatives have provided some encouraging results in improving women’s land tenure security, their effectiveness remains limited. Women’s participation in formal land decision making at the local level is also limited, with formal institutions often colluding with male-dominated customary institutions. The Law on Parity has allowed women to gain a stronger presence on municipal councils, but they remain poorly represented in land commissions and face barriers to active participation in debates. To overcome these constraints, women are creating their own strategies, such as collective ac cess. In certain municipalities, civil society organizations (CSOs), the state, and even technical and financial partners have implemented simultaneous initiatives combining various approaches—such as capacity building, awareness raising, advocacy, support for land use rights allocation applica tions, reducing survey costs, and quotas. These initiatives have provided encouraging results in improving women’s land tenure security. Local-level land governance at the is also characterized by formal institutions colluding with male-dominated customary institutions. At the local authority level, while the Law on Parity has ensured women now have a stronger presence on municipal councils, they remain poorly repre sented in land commissions, with very few women actively participating in debates. The few who have been able to assert themselves have benefited from capacity building and empowerment activities. The patriarchal norms underlying these forums, however, give women little or no voice, and can reinforce their marginalization. Finally, women’s marginalization in relation to land tenure is further exacerbated by a lack of transparency at the decision-making level. The report closes with a set of recommendations for improving the situation of women’s land rights in Senegal, directed at national government, local government authorities, CSOs, and donor-financed projects. These recommendations encompass the legal and policy framework, project-level actions, capacity building and public awareness, and increasing women’s roles in land governance institutions.

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