gender and land governance

1. CHAPTER TWO
LITERATURE REVIEW
2.0 INTRODUCTION
This chapter includes scholarship and written body of knowledge on gender as it relates to the
prevalent governance in Land Tenure. It attempts to identify demonstrated evidences on the
premises on which major themes of the study are based.
Amongst others, the reasons for gender inequality in land governance, and also some of the reforms
made by governments and international partners to ensure equity, equality, and non-discrimination
to access, owned and control land for the most vulnerable women and girls in less developed
countries such as Sierra Leone.
It also reviewed related literatures to understand the relationship between land governance and
Women Economic Empowerment (WEE), outlining some of the challenges faced by women in
customary land tenure rights, the level of participation of women in land governance, and the
effects of land governance on gender inclusivity.
2.1 Land Governance and Women Economic Empowerment
The Millennium Development Goals (2005 – 2015), the sustainable development goals of (2016),
and the ECOWAS Supplementary Act relating to equality of rights between women and men for
sustainable development in the ECOWAS region (2015) among others, calls for gender equality
and women economic empowerment (GEWE). Before making a thorough review and analysis of
this chapter, the researcher will put forward some definitions of land governance. According to
Land Governance in support of The 2030 Global Agenda; “Land governance is about the policies,
processes and institutions by which land, property and natural resources are managed, this
includes decisions on access to land; land rights; land use; land development”.
According to I G GLOBAL, Publisher of Timely Knowledge, “Land governance involves a
procedure, policies, processes and institutions by which land, property and other natural
resources are managed. This includes decisions on access to land, land rights, land use,
and land development”.

2. The World Bank on the other hand submitted that, “the concept of land governance covers
the legal and policy framework for land, as well as traditional practices governing land
transactions, inheritance and dispute resolution. In short, it is fundamentally about power and the
political economy of land”.
Interestingly, all the definitions focus on policy frameworks, and institutional development,
hence, it is but necessary that governance systems must institute reforms that have a human face,
taken into considerations democratic good governance, human rights, and gender inclusiveness.
Women's Economic Empowerment (WEE). Organization for Economic Cooperation and
Development- OECD (OECD, 2011) submitted that “Women’s economic empowerment is the
capacity of women and men to participate in, contribute to and benefit from growth processes in
ways that recognized the value of their contributions, respect their dignity and make it possible to
negotiate a fairer distribution of the benefits of growth’’.
On the other hand, (CARE International, 2020), defines women’s economic empowerment “as
the process by which women increase their right to economic resources and power to make
decisions that benefit themselves, their families, and their communities. Investing in women’s
economic empowerment sets a path for poverty reduction and equality between men and women”.
According to (FAO, 2021), the Sustainable Development Goals 5a and 5c (SDG 5a&5c) submitted
the following with specific focus on land;
5.a “Undertake reforms to give women equal rights to economic resources, as well as
access to ownership and control over land and other forms of property, financial services,
inheritance and natural resources, in accordance with national laws”
5.c States to “Adopt and strengthen sound policies and enforceable legislation for the
promotion of gender equality and empowerment”.
In agreement with all of the above, gender empowerment could be the bed rock of sustaining policy
continuum. To achieve this, there should be transformations to ensure women have equal economic
prospects to access, control and own land, and other productive resources base to the legal system.
Progress in land governance and administration will accelerate the achievements of the Sustainable

3. Development Goals, as it will contribute in drastic reduction in food insecurity, malnutrition,
economic growth and development, peace and stability for all.
According to (Linkow & Beduhn, 2021) land is the most important economic asset for the poor
and vulnerable small holder women farmers who constitute the largest labour force.
The poorest and most deprived people in the developing world are rural women (Crabtree-Condor
& Casey, 2012) Furthermore, despite women been the most dominant in farming activities, their
role is yet to be recognized as their names are hardly seen or written on land titles (Nagasawa, et
al., 2018). However, despite the tremendous effort made by international bodies, the governance
systems in less developed countries, such as Sierra Leone, are yet to meet up to their obligations
to fully implement women’s rights (Al-Khaldi, 2014) Furthermore, (Linkow & Beduhn, 2021)
submitted that customary land governance is in most cases a male dominance activity. Similarly,
(Crabtree-Condor & Casey, 2012) pointed out that access and control to land for the rural women
goes beyond food production (Royston, et al., n.d.) submitted that the uneven distribution of land
in urban areas is a strong indication of the widening gap in the economic status of inhabitants in
developing countries. According to (USAID, 2016) education and marital status are closely
associated to women empowerment. For example, most women leave their ancestral land after
marriage and as a result have limited or no influence on her husband’s family land (Linkow &
Beduhn, 2021) However, according to Organization for Economic Cooperation and Development
(OECD, 2011), there should be no alternative remedy for Women's Economic Empowerment, and
it should be a must as it is a requirement for the sustainable development of any country. Fair
opportunities to basic needs and services with the reinforcement of women’s land right by
increasing the space for active participation minimizes starvation and promote economic growth.
(OECD, 2018) argued that development partners can increase their support in countries where the
governance system support sound strategies for recognizing the value of women, respecting their
dignity, and provide an equitable platform for the achievement of growth and development. One
of the means to achieving Agenda 2030 for sustainable development is by ensuring equal
participation, access and control to land and other resources (UN Women) According to the
Voluntary Guidelines of Governance Tenure (VGGT) principles of implementation four (4), “all
governance systems should adhere to gender equality where, women and girls are giving the
leverage to access land and other natural resources irrespective of their conditions”. (FAO 2012;

4. NPL 2015). Consequently, the majority of the land administration and management systems in
less developed countries tend to disadvantage women and girls, as they can only access and control
land through the intervention of their male counterparts. (World Bank Innovation Lab, 2019 Policy
Brief Issue 33). As a result, there are huge differences between men and women when it comes to
acquiring land, and these differences become worrisome when it comes to the official form of land
acquisition. (World Bank Innovation Lab, 2019 Policy Brief Issue 33). Duflo, 2012 also affirmed
that there are many countries in the world where women have limited opportunities to own and
control resources. According to UNHABITAT, 2020 responsible land governance is a key factor
that enable women exercise their human rights and promotes poverty reduction. However, it is
necessary to adopt reforms that promote equity and equality to realize the sustainable development
ambition (Duflo E. 2012 as cited by World Bank, 2011) Idowu, et al. 2012, argues that if we
understand the genuity around the characteristics and responsibilities of women and men, we can
achieve women economic empowerment. Evidence suggests that women can be more empowered
when they have the capacity and knowledge to take crucial role around land governance in society
(Beavor, A. and Augustinus, C. 2018). Similarly, societies where there is limited gender violence
and discrimination, tend to attract women's economic empowerment. (UN Women, 2013). In
addition, economic strategies and schemes should be directly proportional to women's
empowerment. (UN Women, 2013; ANGOC, 2016) Also, Asian NGO Coalition for Agrarian
Reform and Rural Development (ANGOC, 2016) submitted that access to and control over land
and other resources for women is very crucial in poverty reduction. on the other hand, a society
may face severe scarcity due to uncertainty tenure rights and resources. (Larson & B., 2018)
submitted that in the 1700s physiocrats in France were with the conviction that wealth creation
can be achieve through agricultural production. They stressed on the relevance of personal land
ownership as a pre requisite for tenure security, however, classical economist such as Ricardo and
Smith hold a contrary view, due to their critical approach towards landlords.
According to (Royston, et al., n.d.), land registration is one of the current measures to ascertain
specific tenure security, though it fails to recognize the range of legal applications from different
backgrounds. DIFID Ethiopia, 2014 suggests that titling land for women can contribute to their
economic empowerment. Yet, in Tanzania, less than 20% of land is titled in women’s name
(Deininger, K. et al. 2012) Comparably, in Sierra Leone, the Local Government Act of 2004 made
provision for land registration but its implementation is faced with so many challenges (Tagliarino,

5. 2018). However, most of the land titling transactions is very ambiguous and needs a serious
improvement. Evidence from the research suggested that land titling reinforced women's
participation, inclusion and legal ownership (World Bank Innovation Lab, 2019 Policy Brief Issue
33).
Deininger, K. et al. 2012 submitted that in Ethiopia, through a rural participatory method, within
five years, an estimated twenty-five million individual lands were registered. Consequently,
between 2018 and 2020, over one thousand women were able to access finance in Zambia through
financial institutions due to ownership and control of land, and there has also been an upward trend
from 5% to 23 % for women representation on land boards in rural areas. (Lowery & Sommerville,
2020) (Ahene, et al., 2019) argued that mandatory land titling and documentation would greatly
help in effective land policy implementation
On the contrary, Beavor, A., and Augustinus, C. 2018; DIFID Ethiopia, 2018 reassert that land
titling alone is not a prerequisite for women's economic empowerment. (Linkow & Beduhn, 2021)
also submitted that even were women are given access to land, that is not a clear justification of
gender equity. Again, (Ravnborg, et al., 2016) also argued that land governance alone is not a
prerequisite for gender equity and equality, but also social and cultural norms as the case may be.
According to the journal on economic literature 2012, the higher economic gaps that exist between
women and men is as a result of the limited opportunities women have to access and control
resources. This is because if women who are the greater majority in society have more
opportunities to access resources, there is the likelihood of economic empowerment as their socio-
economic status will improve wholistically. According to Alexander et al. 2016, land is the most
occupational strength for women living in rural areas. The impact assessment of the three Gender
Act in Sierra Leone however submitted that women economic empowerment tends to threaten
some homes as perceived by some men in society. However, the 2021 Gender Empowerment Bill
in Sierra Leone, which is titled; “Support the economic and political empowerment of women in
Sierra Leone” only put premium on the 30% quota for political representation, appointment
positions and improving access to finance and gender mainstreaming, but did not priotize land as
the case may be. One major gap in the Gender Empowerment Bill of 2021 is that one of the major
issues of women becoming Paramount chiefs in the northern region of Sierra Leone is not address,
and this will go a long way to serve as a barrier to women access, participation and inclusion in

6. land governance in northern Sierra Leone, because the Paramount Chiefs are the custodians of the
land. Also, the Global Gender Index of 2013, ranked United State of America 23rd out of 126
countries for gender mainstreaming ( (Al-Khaldi, 2014) This clearly shows that even in countries
where democratic governance and human rights seemed to flourished, the political will is also very
important in ensuring women economic empowerment at all levels.
There are already established proofs that the lesser women are able to access and control land and
other readily available resources, the lesser their participation and inclusion in decision making
processes and, also the likelihood for higher malnourished state of their siblings, which has a
negative effect on the health and wellbeing of their children. (UN Women, 2013) The doggedness
in gender inequity has a strong correlation with food insecurity. (ESCAP, 2017). Many writers the
world over has equated land availability for women to that of poverty reduction and availability of
food. (UM Women, 2013). Yet women are faced with serious challenges to acquire resource rights
(USAID, 2016).
According to (ESCAP, 2017) empowering women is vital to Human Capital investment initiatives,
and the emphasis should be on a wholistic intervention in all sectors of the economy to change
from mere participation to acknowledgement of women’s ability to cope with the prevailing
circumstances. Namubiru-Mwaura, 2014., further ague that, the more women are expose and have
access to opportunities, the likelihood for them to be empowered with land and other resources.
(USAID, 2016) also reaffirmed that availability and sustainable rights to use and control land will
lead to poverty alleviation and sustainable livelihoods. UNHABITAT, 2020 also submitted that to
promote the overall sustainability for women empowerment, it is relevant to strengthen their tenure
security, and acknowledgement of other basic rights.
Finally, based on the submissions of the various scholars, it is with the strong conviction of the
researcher that the more women have the leverage to access and control land, the likelihood for
them achieving poverty reduction and overcoming hunger and malnutrition, which have a direct
link to the Sustainable Development Goals (SDGs) 1 2 & 3. (Zero poverty, no hunger good health
and wellbeing). Because land in the context of development is not only restricted to the physical
land itself but the integration of other natural resources that are found on earth.

7. 2.2 Land governance and customary tenure rights
(Wily, 2012) define land tenure as “Tenure means landholding. Customary land tenure refers to
the systems that most rural African communities operate to express and order ownership,
possession, and access, and to regulate use and transfer.” Customary land tenure is not only
restricted to Africa, but every part of the world (Wily, 2012). Moreover, Land tenure system is a
system in Sierra Leone that describe two separate land governance characteristics of which the
land in the Western area is on freehold and those in the provinces is under customary law
(FAO,2012; ESCAP, 2017). On the other hand, people living in the western area (Western rural
and western urban) of Sierra Leone can buy and own land, also known as free hold, whilst those
in the provinces (beyond western rural district), which are mostly agricultural lands, are govern by
traditional rulers (Paramount chiefs and their subjects) can only be acquired by lease payment for
a fixed period as spelt out by the land holding families and or agreements (ESCAP, 2017). By this
direct and indirect rule system, one can conclude that land tenure system in Sierra Leone continues
to be governed by the colonial legacies (Njoh, et al., 2016) According to (Linkow & Beduhn,
2021) customary practices remain very important in land administration at various levels,
nevertheless, the system is very unfavorable for women. A typical case is in the northern region of
Sierra Leone where women are not given the political space to take part in Paramount Chief
elections. This clearly indicates that despite the commitment of government in promoting women
land rights, there are still challenges faced with customary laws and practices in certain regions of
the Sierra Leone. One of the protagonists of customary laws advocated that it is a structure that
addresses the needs and aspirations of community people (USAID, 2016 as cited by Namubiru-
Mwuara et al., 2012). In contrast, (Namubiru-Mwaura, 2014) submitted that women land
ownership and control is still limited by customary norms. She went on to argue that though land
can be acquired through the state, but there are other means such as marriage and inheritance. She
pointed out that acquiring land in rural areas are most often determine by long established rules
rather than constitutional and or legal instruments.
Referencing the Sierra Leone National Sustainable Agricultural Development Plan 2010 – 2030,
amidst the differences in geographical location and land governance systems, the general
assumption is that land is divine in itself and cannot be purchase or sold. Land should be preserved
for future generation as well, and for that to happen, traditional authorities and land-owning

8. families should take the lead. In addition, tenancy characterizes ownership to land and other natural
resources, the different roles played by each stakeholder in land governance, and irresponsible land
governance will result to limited attention to tenure rights (VGGT, 2018). For example, in Liberia
the laws provide equal opportunity for both men and women to access and control land, but in
actual fact it is not happening (Louis, et al., 2020)
Access to land and other resources is most often define by tenure governance (FAO,2012)
According to (Choudhury & Nanda, 2014) a secured land tenure is one of the means of poverty
reduction among men and women. (FAO, 2021) submitted that it is assumed by development
practitioners that tenure security greatly promotes women empowerment. (Crabtree-Condor &
Casey, 2012) argued that food security in less developed nations will not improve if women don’t
have secured land tenure.
For example, in India, rural poverty is directly proportional to access and control to land
(Choudhury & Nanda, 2014) furthermore, sustainable rural development can be actualized through
tenure security as it creates the leverage for farmers to go into long term investment (Choudhury
& Nanda, 2014). (Crabtree-Condor & Casey, 2012) argued that progress in tenancy does not only
improve on food availability, but also discourages land grabbing. Nevertheless, looking at the
differences in governance, land tenure systems face different encounter, and varies from one
country to another based on their socio-economic status. (Deininger, K. et al. 2012) As for Sierra
Leone, the land governance system revolves around a system of benefaction between the state and
rural elites, including land owning families. (Hennings, A. 2019)
According to Ruth Hall and Ian Scoones with Giles Henley (2016), people with low-income status
have divergence views on the governance of tenure. For instance, in Peru, Tanzania, as in Sierra
Leone, and other parts of sub-Saharan Africa, both freehold and communal lands are legitimate.
(Deininger, K. et al. 2012). Nonetheless, poor urban planning and its negative consequences
greatly affects tenancy in rural areas. (Deininger, K. et al. 2012) Accordingly, bad governance
through illegal large-scale acquisition of land for investment resulted to the gender imbalances,
rendering communities and their inhabitants to poor land administration and management.
(Hennings, A. 2019; as cited by Hennings, 2018a; Millar, 2016, 2018b)
Hennings, A. 2019, further submitted that the Truth and Reconciliation Commission (TRC) of
Sierra Leone and other evidences suggested that poor governance and long-term land dispute

9. among stakeholders couple with the marginalization of youths was one of the pre requisite for the
eleven years civil conflict in Sierra Leone. Yet sustainable peace and reconciliation is directly
proportional to responsible governance of tenure and other natural resources. (Hennings, A. 2019.
As cited by Moyo and Foray, 2009:1; Unruh and Williams, 2013: 536). However, Hennings, A.
2019 reaffirmed that the lack of, or limited policy ownership from stakeholders weakens policy
outcomes in land governance and its subsequent effects. According to Transparency International
(TI) 2015, women are likely to be more vulnerable when they lack or have limited access and
control to land and other resources. (Hennings, A. 2019). Domestic decrees are also very important
in ensuring women’s tenure security, but the fear that women who belong to land owning families
may relinquish the land to another man in the event of the demise of their husband is another
challenge facing women in land tenure governance. (UN Women, 2013).
Present day research has shown that most governance systems around the world are pursuing
gender equality when it comes to land tenure, with specific emphasis on women access to, use and
control over land but the degree at which these policies, regulations and statutory instruments are
being implemented remain a concern. (Namubiru-Mwaura, E., 2014). (Njoh, et al., 2016)
submitted that the negative perception towards women in the land sector occurs both theoretically
and in reality.
According to Namubiru-Mwaura, 2014., there is no straight jacket way of addressing land tenure
governance. It may involve serious integration of strategies through socio, economic and cultural
realignment if we were to maintain a sustainable development. In agreement with that, (Johnson,
2014) further ague that there are no clear-cut rules on how costumery lands are allocated to family
members and or strangers, and in most cases, there are no documentary evidences to ascertain the
mode of transactions and this may result in so much uncertainties.
According to Transparency International 2015, even though the geographical locations are
different, but the mode of governance in land management and administration seemed very similar.
Transparency International, 2018 reported that there are serious challenges to access reliable data
on the number of hectares or acreages acquired by investors for large scale investment, and
recommended that land deals of any status should be clearly open to the general populace so that
those involve in the such deals should be held accountable for any eventualities that may arise. It
further asserted that tenure security is critical in achieving harmony in the country and it is essential

10. to a national progress. The safety of tenancy is a prerequisite for the sustenance of day to day living
of every society, since it provides assurance that right holders are well protected from trespasses,
abuse and human rights violations (Chigbu, et al., 2019).
Also, (Kasimbazi, 2017) argued that lack of or limited tenancy, poses serious challenges to
sustainable land management and administration. Consequently, (Marfurt1, et al., 2016) submitted
that land degradation, couple with large scale lease and limited prospect to access jobs worsen the
situation. (Benti, et al., 2016) referenced some historical ideas reaffirmed that since women were
not ready to go into battles, it is evidence that they will be highly deprived to access, control and
own land, since most of the land dispute was defended by their male counterpart.
Also, referencing the Sierra Leone Land Governance Assessment Framework (LGAF, 2015) the
Devolution of Estate Act of 2007, though the act made provision for women and children to inherit
the properties of their spouses, but the said act is not applied to family, community, and chieftaincy
properties held under costumery law. This clearly means that women and children who are mostly
vulnerable have less voice because most of the decisions on access and control to land are
determined by men. In addition, the Provinces Land Act Cap 122 of 1960, even though excludes
nonnatives of the provinces such as creoles from own land, yet even other citizens who are
noncreoles are not part of the landowning families have limited tenure right in the provinces.
(Johnson, 2011) argued that Sierra Leone has the great opportunity for a sustainable economic
growth if there is a serious transformation of the traditional decrees. He further submitted that the
issue in the “1927 Ordinance Act” which speaks about ‘statutory strangers’ needs utmost attention
and have been agreed by many stakeholders, including Paramount chiefs as discriminatory. He
further argued that policies should target the autonomy of both land owners and buyers and or
beggars with lesser fee to encourage a healthy environment, with government only playing the
managerial role. (LGAF, 2015). For example, in Tanzania, the legal instrument provides a specific
percentage of women to take part in decision making with regard local governance and
administration but their representation is still a matter of concern (Kisambu, 2016 ). Hence, women
need to penetrate through the customs and traditional barriers in local governance because majority
of the local government institutions are characterized by male dominance authority
(UNHABITAT, 2020).

11. When women are not recognized in society, it is difficult for them to improve in their status
(Chigbu, et al., 2019). A typical example is women in the Arab world, they are highly deprived of
access and control over land and other resources due the discriminatory practices within their
cultural settings (UNHABITAT, 2020). Moreover, despite the major reforms on gender equality
around the world, women are less represented in the political sphere in the middle east, north
Africa and sub Saharan countries. (Al-Khaldi, 2014) Furthermore, the more women are accepted
in decision making associations, the higher the opportunity for them to increase and the higher the
availability of access and control to land (Chigbu, et al., 2019)
In conclusion, a review of literatures from the various scholars and schools of thought have
submitted various challenges facing women in land governance especially in Sierra Leone, which
stems from limited tenure security, partiality and conflicting tenure governance under the usual
traditional settings, lack of policy ownership, unequal opportunities to access and control land by
its citizens etc., all of which is tantamount to poor land governance. It is of the opinion of the
researcher that the wider the gap between stakeholders and the community people, the likelihood
for limited participation, recognition and inclusion of women in decision making and its adverse
effects on the needs and aspiration of the society. (Hennings, A. 2019 as cited by Ostrom 1999,
Alden Wily 2003a, Hilhorst 2010, Lawry et al. 2012).
Imke Greven, Policy Advisor and coordinator of Land right and women land journey in Myanmar,
during the 2018 UN summit was quoted as saying| “Land does not belong to us, we belong to
land.” Stressing the relevance women attached to land use. She further submitted that the rights
of women to land is not just about the land, but access, control, participation and decision making
on the use of other natural resources on the land. (Nagasawa, et al., 2018). Similarly, Ellen Matupi,
Vice president of the Malawi Rural Women assembly and Small Holder Farmers who happens to
be the second speaker of the 2018 UN summit was also quoted as saying “We are farmer, and this
means land. For me, if we do not have land, we will not be farmers, that is why land rights is vital
for us women.” She is one of the first rural women in Malawi and she hope the new land law in
Malawi will promote land titling, and she is well abreast with the importance of tenure security to
sustain livelihoods.
The researcher also asserted that there is great need for more collaborative approaches and
integration of women into the land governance system to minimize some of the bottle necks of

12. tenure insecurity for women. Similarly, (Linkow & Beduhn, 2021) presented some alternative
modes for women to own and control land, which is through purchasing and or renting, protection
of women legitimate rights to land through reformation of discriminatory laws under customary
tenure governance. However, because stakeholders in customary land tenure are well abreast with
their communities and the socio-cultural settings, they can play a pivotal role in ensuring policy
ownership and responsible governance of tenure due to their strategic influence.
2.3 Land governance and gender participation
The Sustainable Development Goal 5.5 states that there should be active and equal involvement
of women in leadership and other opportunities. (Nagasawa, et al., 2018) argued that to strengthen
gender equity, land used and access must be protected by legally recognizing the rights of women
to own land. Participation varies according to the different structures in which they are used. It can
be referring to any form of engagement where decisions are made on specific issues. Community
participation to stabilize the treat to natural resources has grown since the Rio declaration in 1992
(Wily, 2016). The researcher would like to directly quote from Robyn Smith submissions in 2019,
Deputy Chief Executive Corporate Services, Ministry of Transport in New Zealand. “Until we
have gender balance, along with diversity in other areas, including ethnicity, disability, sexual
orientation, and people with a breadth of experience, both lived and learned, we will not reap the
rewards we are all seeking – a high performing, effective governance system that delivers great
outcomes” (women, 2019). Also, (Wily, 2012) argued that land reform advocates must seek to
address the needs of the greater poor. Consequently, (Rogers, 2011) argued that women need to
be consulted and their opinions be accepted, and as a result, men and women should be active
participants in the decision-making processes of their communities. Women taking part in the
decision-making process is one of the key areas provided in the Millennium Development Goal
three (MDG 3) and the Sustainable development Goal five (SDG 5), which speaks of gender equity
and women empowerment. Ironically, most African countries continues to adopt the customary
land tenure governance which limit women authority over land issues (Tura, 2014). For example,
in Kenya, evidence suggest that less than 1% of women has land title, and 5-6% is joint titles
(Gaafar, 2014). For economic development to occur in any country, there should be various
institutional and societal reforms (Mladen M. Ivic, 2015). To achieve this, it should be done
through wider consultation and involvement of women in the decision-making process. (Care,

13. 2020) argued that inequality in power dynamics often result to uneven allocation of resources
which causes hardship among women and girls (Mladen M. Ivic, 2015) further noted that it is
reasonable and advantageous to encourage women exploit their potential at bigger platforms, and
the stronger women representations at higher level, the likelihood for a successful society (women,
2019).
However, evidence has shown that the increase in participation of women in politics is not
sufficient to achieve gender equity, especially when gender inequity is visible in every society
(Gouws & Hassim, 2014) Also, women can participate actively in public discuss when they have
secured property privileges (USAID, 2016). Key challenges can be identified and address through
stakeholders’ commitment and participation (UNHABITAT, 2020). In addition, (Tura, 2014)
submitted that, customary practices in conflict resolution continues to outweigh modern laws in
rural communities, hence statutory laws which protects women rights to land and other resources
are less likely recognized or implemented. Therefore, governments, especially in sub Saharan
Africa should ensure that the gender depth is mainstream in all sectors of society at national
development plans, including sectorial policies supported by effective monitoring and evaluation.
According to (Louis, et al., 2020) evidence proposed that the limited involvement of women on
land governance issues is as result of socio economic, cultural and environmental factors. Yet
Women equal participation in decision making promotes impartiality and fairness (women, 2019).
Accordingly, access to land determines the means of participation in the political and economic
life of rural economies (Larson & B., 2018).
The most common form of inclusion is participation; hence, followers have the moral obligation
and privilege to get amenities from such association (Hönke & Thomas, 2012). In Tanzania for
instance, gender sensitive participatory approaches have promoted tougher and justifiable control
to land as women and men are able to come to consensus when deliberating on land related issues
(IIED, 2019). (Njoh, et al., 2016) affirmed that the collective attitude in rural settings provides
equal level pain field for gender equality on the use of land. (Hönke & Thomas, 2012) also
reaffirmed that to determine the inclusiveness of a governance system, every member of the society
should be at the advantage to access equal opportunities. In contrast, the land regulatory frame
work in the Arab regions is very unfavorable for women which make them highly deprived and
limit their involvement in decision making processes (UNHABITAT, 2020). Moreover, for the

14. actual benefit of tenure security to be at the advantage of the poor, national regulatory framework
should be focus on effective implementation (Choudhury & Nanda, 2014). Similarly, the Land
Reform Association in Liberia place more emphasis on capacity building at the initial stages of
establishing the various coordination mechanism in their communities. (Louis, et al., 2020).
Gender equality in land governance can be achieve through by addressing the different needs and
aspiration of men and women on a level plain field (UNHABITAT, 2020). In addition,
(women,2019) ascertained that the more opportunities given to women in leadership roles
enhances their meaningful contribution to society. (iKNOWpolitics, n.d.) reaffirmed that women
interest can be taken into consideration through equal involvement in decision making, and any
unequal opportunity given to men and women tend to limit democratic values. According to (Nur,
et, al., n.d.), gender mainstreaming through participation and inclusion in decision making foster
responsible governance. Malaysia, for instance, has used gender mainstreaming strategy to attain
good governance (Nur, et, al., n.d.). CEDAW, 2015 noted with great apprehension that there are
still challenges within some aspect of the governance systems on the limited awareness on the
rights of women. Landesa, 2020 also argued that because of the limited knowledge of rural women,
they are yet to fully aware of their rights. Consequently, (Gouws & Hassim, 2014) submitted that
gender approachable authority is dependent on the degree of admittance of women inclusion
impact to the government. One of the features of good governance is that of participation and
inclusion (Nur, et, al., n.d.). for example, in the Afar regions of Ethiopia, evidence has showed that
responsible customary governance necessitates, women empowerment. (USAID, 2016). In
concurrence to the submissions above, it advisable for governments to cascade the fundamental
principles of gender and land governance issues to all facet of the society right through the rural
settings.
2.4 The Effects of Land Governance on Women Inclusivity
The United Nation Resolution 1325 of (2000) on peace and security for women, emphasizes the
relevance of women’s equal participation and full inclusion in every effort to sustain and promote
peace and security. Moreover, United Nation Security Council (UNSC) Resolution 1889 of (2009)
Art 10; on women, peace and security which specifies among other to plan concrete strategies to
support women and girls’ security needs, through gender responsive law enforcement.

15. The United Nation Development Program (UNDP) describe inclusivity as a prescriptive
aspiration: According to UNDP, one of the core values of good governance is to be inclusive. It
takes into account active participation, non-discrimination and equality treatment irrespective of
social, economic, environmental and cultural background. In addition, the African Union gender
policy, the Maputu declaration on agriculture and food security (2003), and the Maputu declaration
on gender mainstreaming and effective participation of women in the African Union (2003), pre
dictated on a 50-50 gender parity principle. In addition, institutions and policies should have a
human face, creating the enabling environment for citizens to meaningfully access equal
opportunities at all level of governance. according to (Hönke & Thomas, 2012), inclusivity in
governance should focus on collectiveness among state actors and its citizens.
(Bhandari, 2016) submitted that “though virtually encompasses to mainstream the marginalized
groups into the broader framework of the governance policies, systems and practices; it is an
integrated approach that equally manages to improve two parts of the service delivery – efficient
delivery of service, and empowering marginalized communities to demand services”.
(Sharma, 2012) in his report on transparency for inclusive governance in India define inclusive
governance as “A participative way of ‘Governance’ wherein citizens and other stakeholders have
a say in the decision-making process of the Government”
The United Nations program for sustainable development 2030, advocated that no one should be
left behind in the pursuant to addressing worldwide challenges (Wangu, et al., 2020). Evidence
has showed that Sierra Leone is part of a number of signatories to international treaties such as
CEDAW, African Union Land Policy Initiative (LPI), Africa Union, Economic Commission for
Africa, and African Development Bank (AU/ECA/AfDB) promoting gender issues with specific
emphasis on women empowerment, participation and inclusion in governance.
(Crabtree-Condor & Casey, 2012) submitted that even though most of the heads of family lands
are men but there is no law be it customary or legislative that deprived women from ownership to
land. (Njoh, et al., 2016) submitted that land in traditional African setting is determine by
membership of a community or a family irrespective of gender status, everyone has the opportunity
to make use of the land.

16. In addition, as in many other African countries, women are poorly represented in Sierra Leone
political stage. Currently, eighteen (18) out of the one hundred and forty-six members of
parliament are women, representing only twelve percent of the entire legislative council, and there
are only four women out of the thirty-two cabinet members. Moreover, Sierra Leone rank one
hundred and eighty-two (182) out of one hundred and eighty-nine countries on the UN 2020
Gender Development Index. However, there are number reforms made by the Sierra Leone
government on women inclusivity in governance, but how best these reforms reflect the actuality
is yet to be determine. A clear example is that of the 30% representation of women across all levels
of governance. even though there have been so much advocacies and policy statement around the
30% representation of women in politics, in contrast, the number tend to reduce rather than
increases. The 2018 presidential, parliamentary and local council elections in Sierra Leone are
typical demonstrations of the limited inclusivity of women in governance. However, the 2021
Sierra Leone Gender Empowerment bill will be a litmus test to justify government reforms on
women inclusion into governance, but it is yet to actualize. This research therefore is going to
further probe into existing literature to ascertain the level of women inclusivity in land governance
and other related issues that links to economic growth and development.
As Nur, et al., n.d affirmed in the previous chapter that gender participation and inclusion foster
good governance. yet 2017 report from Power and Potential which examined the extent to which
women in Low Middle Income Countries legal recognition published by global analysis showed
that countries legal systems hardly defend women’s right to take part land governance. In addition,
participants of the Sierra Leone Gender Empowerment Bill of 2021 highlighted thirteen areas of
concern for gender equality and women empowerment, but failed to mentioned participation and
inclusion in land governance as a priority. This clearly demonstrate the limited political will
African societies attached to gender and land governance. (Initiative, 2019). According to
Transparency International, 2015 an improvement in the present land arbitration patterns including
the entire law reforms can strengthen the land governance in Sierra Leone. (Tura, 2014) submitted
that international bodies such as CEDAW, the African Charter on Human and People’s Right have
strongly advocated for member countries to strengthen women access and control over land and
other resources. Inclusive governance helps to strengthen participation and responsibility between
citizens and the state to enhance wide range of accountable services (CARE International, 2020)

17. Nur, et al., n.d further argued that a women participation and inclusion in decision making should
be considered in fostering gender equality. (Benti, et al., 2016) submitted that women in Eutopia
are among the most deprived with regards access and control over land, for a simple fact that
women hardly took part in military battles that were pursued for territorial gains, hence, the
deprivation to access land. In contrast, (Tura, 2014) argued that in Ethiopia, including Democratic
republic of Congo have made tremendous effort to mainstream gender in their legal frameworks
in recognition of women’s right to own and use properties.
Researches in gender and politics have clearly examined the variations in women participation and
inclusion at national political spheres in sub–Saharan African nations. One of the key approaches
to improves food security and nutrition challenges is through inclusive business, because it has the
likelihood to create opportunities for marginalize groups and localities to improve on their socio
economic values (Wangu, et al., 2020) However, Women have very limited representation in
parliament and local governance, and as such their contributions in public policy issues are very
minimal (Al-Khaldi, 2014). For instance, in Sierra Leone, there were considerable decrease of
women representation in both parliament and local councils after the 2018 elections. (Larson &
B., 2018) argued that countries where their capital is mainly from land and agriculture, access and
control over land and other resources is a determinant for their standard of living. Article 5a of the
SDG focuses on land because land is the crucial pecuniary resources that stand above all other
resources in terms of access, use, control and ownership (FAO, 2021). (Njoh, et al., 2016) argued
that land tenure strategies in Africa favours collective ownership as opposed to free hold, as a
result the governance and authority over land belong to family members, and any member of those
families or clans have access to that piece of land. Also, (Njoh & Akiwumi, 2012) reaffirmed that
land is owned by the whole community and governed by the traditional leaders and not individual
ownerships. (Initiative, 2019) assumed that rural women have distinct characteristics in
determining the use of resources. Gender inequality can be address through effective inclusion of
women to contribute to their localities (women, 2019) Looking at the relevance of land to
development and the role women play in the improvement of livelihoods, their limitation to
participate, access and control will result to poor economic growth and development. Care
International, 2020 argued that inclusive governance can help to minimize the social injustice and
poverty alleviation (Tura, 2014) (Bhandari, 2016) asserted that inclusive governance is a
combination of various methods use in improving facilities in two folds, by enhancing societies

18. and ostracized or vulnerable groups to claim services. According to (FAO, 2021), access, control
and ownership of land for women increases their productivity, reduces inequality and promotes
self-actualization. Moreover, equality in land ownership and control is a human right. In addition,
Article 3 of the International Covenant on Civil and Political Rights (ICCPR) pledges gender
equality, and Article 2. forbids discrimination with regards sex. Article 26 calls for equality before
the law, and can be useful in defending women’s right to non-discrimination and equality, not only
with respect to civil and political rights, but also regarding economic and social rights. Research
have shown that there is great improvement for the recognition of women in most African countries
as their constitutions are craving for gender equity and women’s inclusion to access and control
land, what remains to be seen is how best these legal instruments are fully implemented at
community level.