Abstract

With reference to this community like in any other area, women face certain challenges realizing their property rights. Such challenges have been as a result of mainly customary laws which has brought about other aspects as inheritance, cultural norms that have subjected women’s access to property in a stiff resistance.

However, these problems and challenges to assert property rights are contentious and perennial and has contributed to creating a lopsided pattern to the ownership and control of property which is heavily entitled in favour of men to the disadvantage of women were their rights have been hindered in terms of ownership, control and use of property independently despite that constitutional provisions have laid foundations of equal rights to own and acquire property for all.

But, however this study shows the central focus of the review of struggles women experience that tend to hinder them on actualizing their property rights. As in regards to cultural norms enacted with customary laws that have been prevalent against women’s property rights for so long with regards to the fury of marriages, inheritance, gender discrimination and how it has affected these women at the community level. Furthermore, this stressed the lack of ownership and control of property by women that has restricted their own advancement of economic status and development and that of the community as well as globally.

This study entails a qualitative research method applied to collect and analyses data in the better understanding of the challenging issue faced by these women and the resulting implications of the issue with regards to its limitation of women’s property rights. Thus, would ensure to uphold the implementation of gender neutral policies, so as to ensure equality in the ownership and control of property, the need of recommendations to donors for financial support, support from NGO’s and investments in women’s property rights and more emphasis on the creation of awareness and the also the establishment of public education to cause women’s realization of their property rights

CHAPTER ONE

INTRODUCTION

1.1 Background to the Study

Property is a very vital resource for development and as such has been a focus for many scholars.

This study further seeks to illustrate women’s disadvantageous position regarding them asserting property rights as a whole or as a means of them acquiring property and due to this they have encountered certain challenges or struggles.

Furthermore, these struggles emerge due to the institution of the African myth of marriages or customary laws on marriages connived with the existence of gender disparity accessing landed property which is in favor of men bias against women which has been a contributing factor in undermining women’s property rights as a means of ensuring women’s collective wellbeing and socio-economic progress.

As a need to demonstrate on the African myth of marriages that has undermined women’s access to property or property rights and secondly, the notion of gender disparity of the land tenure system which is broadly under the custodianship of men in relation to the cultural norm that is instigated against women placing them in a situation of lack of power to own and control the use of lands.

Statistics shows however that woman constitute 52℅ of Cameroon’s population and own about 2℅ of property particularly land. (Cameroon Gender Equality Network).

Allegedly women in marriages are attributed as part of their husband’s property thus limit their access to acquiring property on their own in which they are said to be assets or chattels.

According to Pemunta, (2011), stated that men in general have numerous advantage over property particularly land and in relation to this, the wives of these men are additionally known to being the properties of their husbands which brought about the cultural notion that,’’ property cannot own property’’ or ‘’property cannot be owned by property’’.

FIDA reports also revealed how the institutions of the African myth of marriages or customary law on marriages have reinforced social injustices as to the ownership and control of property in favor of men against women. In reference to this example, in the acholi clan in Uganda where bride price is paid to a woman’s father for her in marriage, her husband is deem to own his wife and thus considers his wife as a property and hence,’’ property cannot be owned by property’’ in this light (Scalise,2013; Burite, 2007).

In relation to this, research has proven that property characterized as inheritance is most likely to be disadvantageous to women especially widows, the abandoned of the society who are deemed to losing their rights on property which will subject them into deeper poverty. (Pemunta 2011).

Moreover, tracing the notion of the land tenure system, as a need of private ownership of land as a property in communal land tenure was basically under the custodianship of men usually with the power and decision to alienate the lands on behalf of others that is culturally men were allowed to control these lands as community heads in villages or communities for the need of all. Pointing unto this fact patriarchy which is one of the root causes of women’s oppression as a challenge for them to attain their rights on property and such practice leaves the ownership and control of lands solely in the hands of men thereby ignoring women and their rights to accessing such property.

With much emphasis to the issue of promoting women’s access to property rights on is a focus which is more in theory than in practice as both men and women are said to have equal rights to property and land ownership enhanced by the country (Cameroon constitution 1996) providing a legal framework for both sexes to enjoy equal access to land and control over other properties.

Endeley,2010 stated that all human persons without distinction of race, religion, sex, class or belief, possesses an inalienable right which is to use, enjoy and dispose of property without been deprived of the property unless otherwise contrary to public interest. Thus will contribute to improving women and their status nationally.

1.2 Statement of Problem

Property is essentially fundamental for all humanity and thus there exists a duty to preserve and enforce such right as a means of peculating collective wellbeing and progress.

In this light, property acquisition or ownership is been a challenge or struggle for many women. This illustrate that within the context of customs, which has positioned property in the patriarchal domain explicitly in favor of men meaning property rights is dominated by men, hence the ability of women claiming rights on property is extremely limited (Garvelink,2012).

More to this, property as an inheritance is mostly attributed to male children as opposed to female children and same for widows who lose their rights on property as it is claimed by male relatives of the kinship group or the deceased.

In accordance to the Cameroon’s Tenure Ordinance of July 1976 guarantees to all persons both individually or corporately the right on landed property to freely enjoy, use and disposed of such lands provided under article 9 of the decree law of April 1976 as an amendment for all individuals to apply for land certificates as a means of showing proof of effective occupation of the land. (Samalang, 2005).

But however is a problem because of high level of illiteracy and the poverty situation of many people particularly women who are deemed to being the poorest cannot afford the basic cost of obtaining land certificates.

Also, the institution of the African myth of marriages or customary laws on marriages which states women in marriages as part of their husband’s property and as such cannot as well own property on their own. More to this, women in relation to their status as farmers especially rural women who have no power and control over lands for farming because customary laws have placed lands under the control of men and with this undermines women’s access on landed property.

All these have its effect on women as challenges for them to access property rights on basis as their male counterparts in the community.

1.3 Research Questions

1. What Are the Factors That Influence Women’s Right to Property in The Botaland Community?
2. What Are the Challenges Faced by Women in Asserting Their Property Rights in The Botaland Community?
3. How Do These Challenges Affect Women’s Access to Property in The Botaland Community?