Final Thesis Sheena Satikge 338365 South Africa UMD6[1]

Land and Gender Inequalities in Peri-Urban Areas,
The Case of Ayigya, Ghana Page 1
MASTER’S PROGRAMME IN URBAN MANAGEMENT
AND DEVELOPMENT
(October 2009 – September 2010)
Land and Gender Inequalities in Peri-Urban Areas, the
Case of Ayigya, Ghana
SHEENA SATIKGE
South Africa
Supervisor: Saskia Ruijsink
UMD 6 Report number: 338365
Rotterdam, September 2010
The research is done within the specialisation of land. It forms
part of the “Ghana Atelier”, an interdisciplinary and
international joint collaboration between the International
Institute of Urban Management, Erasmus University (IHS),
the Faculty of Architecture of TU in Delft, Netherlands and
the KNUST University in Kumasi, Ghana.

Summary
The worldwide unequal access to land based on gender biased societies has prompted
this study. Land is a critical resource for enhancing people’s livelihoods strategies. It
is a resource that has immense income generating potential. Therefore this study
utilises a multi-disciplinary approach in understanding access to land for women and
men in Ayigya. The study disciplines of land and gender are combined to assess land
rights and land tenure attained by women and men in Ayigya. The study questions
whether women and men have the same access to land rights and tenure security in
Ayigya, an extension of the metropolitan city of Kumasi, Ghana. Ayigya is located in
a peri-urban location. The study is assessed under the conditions of a multi-cultural,
transitional and dynamic peri-urban environment.
The study questions how women and men in Ayigya obtain land right. It describes the
land tenure systems and land acquisition process and analysis whether it is
discriminatory to women. It looks into the extent in which land is used and perceived
as an income generating and livelihood enhancing asset by men and women An
analysis is done to see whether secure land tenure and access to land have positive
impacts on the socio-economic development and status of women and men in Ayigya.
Furthermore, a gender comparison of a spectrum of the types of land rights obtained
by inhabitants of Ayigya. A gender comparison is also carried out on the land tenure
options existing for the inhabitants of Ayigya. The study also identifies the main
obstacles for men and women in accessing their land rights.
The study makes an analysis within a complex multi-governance system consisting of
co-existing statutory, customary and Islam land tenure systems. As a result it was
imperative in chapter two for the study gather literature from various local and
international perspectives on statutory, customary and Islam land tenure systems with
regards to gender, land rights and land tenure concepts and principles. An analysis of
the policies and principles underlying the legal, institutional, social, cultural and
economic attributed of the three governing was carried out in order to assess whether
within these are gender sensitive and conscious in their approach.
Within this multilayered governance system, operating in the midst of peri-urban
dynamics, women and men’s access to land is unequal by a marginal difference.
Within all land tenure systems women are legally allowed to exercise their land rights
and land tenure options as much as their male counterparts are. The gender inequality
in accessing land rights and land tenure is as a result of inherit social and economic
factors influencing the socio-economic development of women and men in Ayigya.
The co-existing and surprisingly low conflicting land tenure systems have less of a
discriminatory effect on the access of land rights and land tenure. Inequalities

between men and women in Ayigya mainly exist because men seem to be more likely
to have more financial resources than women as they have formal jobs and slightly
higher education levels. The land governing systems provide equal access to land
rights and land tenure although it may be argued that the Islam land laws may be to
be unequal in their inheritance distribution of property and land between women and
men.
The research is based on a 4 week fieldwork study conducted in Ayigya, The results
are based on a qualitative and quantitative study. Primary data analysis is gathered
from the perspective of ordinary women and men, the area Chiefs, Chiefs wife and a
local authority representative. Secondary data analysis is gathered from literature of
land and gender specialist’s concepts and perspectives. The applicable UN-Habitat
Global Land Tool Network criteria’s have been used for the analysis of fieldwork
findings.

Acknowledgements
My outmost acknowledgement goes to God for the strength, love and wisdom given
to me.
My appreciation and love goes to my mother for her everyday phone calls of laughter,
love and encouragement; and my dad for his support, advice and guidance.
Thank you to Uncle Eddy for your perseverance and shared knowledge.
My sincerer gratitude goes to all the staff of the Institute for Housing and Urban
Development Studies for their support during this study and experience in the
Netherlands.
Also I would like to thank my fellow colleagues Biddy, BJ and Taffy for your
priceless support and friendship. To Deddy and Andhika for your patient IT support.

Abbreviations
CBD Central Business District
FAO United Nations Food and Agriculture Organisation
KMA Kumasi Metropolitan Assemble
GTZ Gesellschaft für Technische Zusammenarbeit
GLTN Global land Tool Network
UN United Nations
Exchange Rates
1 Ghc = 1.4 US$
(Exchangerate.org. Last Accesses: 27 August 2010)

Table of Contents
Summary ...................................................................................................2
Abbreviations ..............................................................................................5
Exchange Rates ............................................................................................5
List of Tables...............................................................................................8
List of Maps ................................................................................................8
Chapter 1 ...................................................................................................8
1.1 Introduction: The Study 9
1.2 Why Do This Research Now? 10
1.3 Significance of Research 11
1.4 Contextual Background12
1.5 Statutory Land Authority Structures and Land Acquisition Process 13
1.6 Problem Statement and Objective 15
1.6.1 Problem ..................................................................................................... 15
1.6.2 Objective.................................................................................................... 16
1.7 Research Question 16
1.7.1 Sub-Research Questions................................................................................ 16
CHAPTER 2 .............................................................................................18
2.1 Land Gender Studies Concepts 18
2.1.1 Land Rights 18
2.2 Tenure Security 19
2.3 Land Tenure 20
2.4 Gender 22
2.5 Socio-economic Conditions 23
2.6 Tenure: Challenges in Peri-urban Areas............................................................ 24
2.7 Current Main Ghana Statutory Land Tenure Policy26
2.8 Customary Land Tenure................................................................................ 27
2.9 Islam Land Laws 29
2.10 Ghana Gender and Land 30
2.11 Matrilineal Land and Property Inheritance 31
2.12 Gender and Land Policies and Evaluation 32
2.13 Conclusion 34
CHAPTER 3: METHODOLOGY....................................................................36
3 Introduction 36
3.1 Study Site 36

3.2 Gaining Access 38
3.3 Research Design and Methods 38
3.4 Sampling 40
3.5 Operationalisation of Study 42
3.6 Time Scheduling and Budgeting (less than four weeks): 44
3.7 Research Process and Data Collection 44
3.8 Summary of Fieldwork Process Pre-fieldwork and Post-fieldwork 45
3.9 Challenges and Limitations of Study 46
CHAPTER 4: FINDINGS AND ANALYSIS .......................................................48
4 Introduction 48
4.1 Sub-Research Questions................................................................................ 48
4.2 Findings 49
4.2.1 How are land rights obtained by men and women in Ayigya? ............................... 49
4.2.2 How do men and women acquire land in Ayigya, is it discriminatory? ................... 49
4.2.3 Do women and men have equal rights to acquire and use land under Customary Law ?
50
4.2.4 Do women and men have equal rights to acquire and use land under Islam Property and
Land Law? ................................................................................................. 51
4.2.5 Do women and men have equal rights to acquire and use land under Statutory Law?
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4.2.6 How do women and men use land in Ayigya?.................................................... 52
4.2.7 What are the types of land and property rights of women in peri- urban Ayigya?...... 53
4.2.8 Individual ownership .................................................................................... 53
4.2.9 Joint family ownership.................................................................................. 53
4.2.10 Renting...................................................................................................... 54
4.2.11 Sub-letting.................................................................................................. 54
4.2.12 Tenure security............................................................................................ 55
4.2.13 Is land seen as an income-generating asset?....................................................... 55
4.2.14 Land purchase and inheritance........................................................................ 55
4.2.15 What are the Obstacles in Accessing Land in Ayigya?......................................... 56
4.2.16 Low levels of education ................................................................................ 57
4.2.17 Lack of knowledge and information................................................................. 57
4.2.18 Lack of money ............................................................................................ 58
4.2.19 Lack of decision making power and Participation............................................... 58
Fieldwork Data Analysis Table 59
4.3 Conclusion 67
4.4 Study Reflections 67
Chapter 5 .................................................................................................68
5.1 Ayigya Conclusion 68

5.2 Reflections on Theory 71
5.3 Land Tenure 71
5.4 Islam 72
5.5 Customary 73
5.6 Statutory 73
5.7 Concluding Statements 74
5.8 Recommendations 74
5.9 Further Research Suggestions 76
5.10 References 77
Annexure 1: Open Ended and Closed Women and Men Questionnaire/ Interview Template
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Annexure 2: Semi-Structured - Open Ended Questions and Results Summary........................ 5
Annexure 3: Joint General
Questionnaire.................................................................................
Annexure 4: Excel Study Questionnaire
Findings......................................................................
List of Tables
Table 1. Peri-Urban Catergories.............................................................................................................25
Table 2 Operationalisation of Study.......................................................................................................43
Table 3 Pre-fieldwork Process................................................................................................................45
Table 4 Post-fieldwork Process..............................................................................................................46
Table 5. Ayigya women, male land use differences and similarities (Author, 2010)............................52
Table 6. Types of Land Rights (Author, 2010) ......................................................................................53
Table 7. Knowledge of Land Acquisition Process .................................................................................57
Table 8. Fieldwork Data Analysis Table................................................................................................60
Table 9. GLTN Data Analysis Table......................................................................................................63
List of Maps
Map 1. Ayigya East of Kumasi. Region (Source: www. xiongdudu.com, accessed Sept 2010)............36
Map 2. Ghana (source:www.intercordiacanada.org, accessed Sept 2010) .............................................36
Map 3. Map of Joint Survey and Study Boundary (Author, 2010) ........................................................41
List of Illustrations
Illustration 1. Organogram of Ghana Land Authorities (Author, 2010).................................................14
Illustration 2. Land governance system overlaps and hierarchy, Ayigya (Author, 2010) ......................15
Illustration 3. Analytical Framework (Author, 2010).............................................................................34
Illustration 4. Research Process (Author, 2010).....................................................................................44
Illustration 5. Note as issued by Ashanti King (2010)............................................................................56
Illustration 6. Male and Female Education Levels Comparison.............................................................57

Chapter 1
1.1. Introduction: The Study
In Africa especially, people’s ability to enhance their livelihoods is strongly linked to
the land systems and the access to land afforded to them within these systems (FAO,
2002; Tsikata, 2010). It is however only currently that this concern has been raised as
having different effects on women and men. Women and men in all contexts
generally have different land needs within society, these particular needs especially
are critical for their everyday survival and livelihoods. Often it is found that land
needs are not disaggregated between women and men; and generally are
discriminatory to women’s specific land tenure and land rights (Whitehead and
Tsikata, 2003). In addition national land policies perceive these from a general
perspective which is often that of a man (Whitehead and Tsikata, 2003). Without
being able to exercise their specific land rights women are unable to effectively use
land to generate money, or use land to produce food for the consumption of their
family (FAO, 2002). Women become unable to fully contribute to their households
and children needs that are dependent on them. Especially vulnerable to the socio-
economic effects of poor access to land are widowed, single and divorced women
(FAO, 2002). It is widely believed that women in Africa and around the world are
generally dependent of men for land tenure and property rights (GTZ, 2007; UN-
Habitat, 2007). Women either have to marry, become a widow or in some cases
inherit land in order to have some land tenure security and even then it is not
guaranteed (Dowuona-Hammond and Minkah-Premo, 2005). The importance of land
and the implications cannot be stressed enough as it has been in the below quotation:
“Throughout history, land has been recognized as a primary source of wealth, social
status, and power. It is the basis for shelter, food, and economic activities; it is the most
significant provider of employment opportunities in rural areas and is an increasingly
scarce resource in urban areas (FAO, 2002: 3).”
Previously in history the study of land its socio-economic significance and effects has
been generalized, which produces gender unrepresentative results. The studying and
implementation of policies sensitive to the gendered nature of livelihoods has today
been recognized by others and within this study (GTZ, 2007; Minkah-Premo and
Dowuona-Hammond, 2005; Jacobs, 2001). Insensitive gender studies are in danger of
misinforming land and natural resources policy and laws. This has dire consequences
on the social and economic livelihoods of not just women but men and their
dependents whose livelihoods and possible eradication of poverty is not realized.
Especially in poor societies, households under a gender discriminatory society rob

themselves from the benefits of a land tenure system that encourages women and men
to collectively contribute towards their social and economic development.
Having access to land as a natural resource is critical for the survival of women in
rural, peri-urban and urban areas, they derive their livelihood strategies from land.
The global concerns of women being discriminated against from accessing land has
resulted in most progressive countries such as Liberia, Rwanda, South Africa and
Ethiopia are formulating and implementing policies that are gender mindful (Deen,
2010). Also on an increase are gender activists and NGO’s lobbying towards creating
societies, institutions and governments that are gender sensitive in their laws, customs
and development programmes (UN-Habitat, 2007; GLTN, 2010; FAO, 2002; African
Gender Institute, 2010). Ghana itself as a country has been supportive in promoting
gender awareness and sensitivity in its areas of governance and systems if governance
(LAP, 2010; Ministry of Women and Children Affairs, 2007; Rünger, 2006).
The existing global gender inequalities bring about the need to redress the inequalities
between men and women with regards to access to education, land, property,
employment opportunities and decision making roles within societies governing
institutions. In the rural context studies have found that although in some cases
women produce the most out of agricultural land they have less or no control or
ownership of the land as their male counterparts (Jacobs, 2001; FAO, 2002). In the
urban context as in the rural where land is required to be formally registered it has
been found that statutory governing systems are either restricting the registration of
land to men only or treating women as minors who have to be accompanied by a man
in order to process land registration (Jacobs, 2001).
This study is interested in the difference between men and women’s access of land
and property rights in Ayigya, Ghana. It assesses the types of property rights
accessible to women under the current co-existing land tenures in Ayigya, and
examines the possible land and property rights inequalities afforded to men and
women. This study highlights the socio-economic implications of access to land by
observing the extent in which land is used and perceived as an income generating and
livelihood enhancing asset by men and women. Furthermore, this study seeks to
contribute to the discourse of land and gender related studies by utilizing the
perceptions of the study’s respondents and through critical analysis of these in order
to make policy recommendations for improving access and security of land tenure for
the women in Ayigya, Kumasi.

1.2. Why Do This Research Now?
In Ghana even though as early as 1975 the Department of Women was established
nationally, lot of work is still underway to reach gender equity. There is an active and
strong leadership of women who through forums, conferences and awareness
campaigns are gradually working towards achieving gender equality that is
desperately needed for the socio-economic development of women (GTZ, 2007;
Ministry of Women and Children Affairs, 2007; Minkah-Premo and Dowuona-
Hammond, 2005)
Furthermore, Ghana is currently experiencing a period of policy restructuring and
modification of its land policies, which need to include specific policies on improving
women land rights (Dowuona-Hammond and Minkah-Premo, 2005). There is a need
to understand and assess how and what land rights are distributed to the urban poor,
especially women. In understanding existing land rights we are better able to decipher
whether these are effective in meeting the needs of people. This research will allow
practitioners to be better able to know how the unique interplay of multiple governing
systems of Ayigya’s land dynamics operate and where their strengths, opportunities,
threats and weaknesses lie. Such a study is useful in that it provides a case study of
what is happening in reality with regards to land and gender issues within a particular
location in Ghana. The case study of Ayigya provides a real life example in which
Ghana can reflect on and the other African countries can learn from. In having more
insight and knowledge policy makers are better able to formulate community
complementary land tenure policies that meet both women and men’s needs.
1.3. Significance of Research
According to Payne (1997, 2010) urban land tenure has received scant attention as a
subject in its own right until the 1980s. The attention that has been paid since then has
been even more scant on women land tenure rights within an urban or peri-urban
context. Jacobs, 2010 questions the relevance of land reform in the rural context as
women‘s main fight for achieving equal land rights, by doing so she realizes that
women’s land rights need to be fought for also in the urban context and in relation to
other more current forms of land rights. Furthermore Jacobs (2010) realises that when
socio-economic studies with regards to land are done they are often done on women’s
unequal land right challenges of accessing agricultural land in the rural context and
not urban, hence the importance of this study (Jacobs, 2010, GTZ, 2007).
Secondly, assessing and identifying the property rights and level of tenure security of
women is starting the process of knowing how and where to begin in increasing land

tenure security of women (Payne, 2002). Too often land studies are focused on the
more technical (systematic and administrative) aspects of land without truly
considering the socio-economic urban development implications of changing land
demands; and the systems and policies put in place (Adu-Ampong et al., 2008).
Although land matters relating to land administration, management, land value
increments, land titling and so forth are essential in managing land, of equal
importance is the human socio-economic aspect related to land. Therefore there needs
to be a synchronisation of “technical” arrangements of land and the socio-economic
implications of these.
With greater attainment of bundle of property rights women experience an increased
level of tenure security; increased legitimacy to participate in land markets and most
importantly increased opportunities to improve on their socio-economic status (GTZ,
2007; Payne, 2002). This increased legitimacy opens up a platform for women to
have influence on land policies and management. By joining two study disciplines,
this study will contribute to the studies of land and gender, it provides an innovative
and flexible approach towards more technical tenure arrangements with regards of the
socio-economic impacts of the existing land tenure operating in Ayigya.
Peri-urban settlements such as Ayigya are undergoing developmental and transitional
processes resulting from rural to urban changes of household’s compositions;
household member roles; the use of the environment and economical activities
(Owusu-Yeboah, 2003; FAO, 2002). There is therefore a need to look at the effects of
these changes on households, land tenure systems and economic activities. This study
will look particularly into the current land rights and land tenure attained by women
and men in Ayigya under peri-urban conditions and within co-existing land tenure
systems. These complex layers of co-existing land tenure systems within peri-urban
conditions makes this a unique case study, in which to assess gender disaggregated
land rights and land tenure security attained by adults in Ayigya. Insight into gender
land rights and land tenure development patterns and dynamics is critical in
contributing to towards the designing and formulation of effective and equitable land
tenure systems.
1.4. Contextual Background
Ayigya is an extension of the metropolitan city of Kumasi, Ghana. The peri-urban
conditions of Ayigya are caused by the expansion of the urban land development
boundary of Kumasi into the rural settlement of Ayigya. The once rural settlement
like other settlements being urbanised has undergone a socio-economic, physical,
environmental and political transition (Adu-Ampong et al., 2008). Land has become

peri-urbanised and new demands are made of it. The effects have been unplanned
rapid urbanisation mainly caused high percentages of population growth; large influx
of immigrants; gradual commercialisation of land; higher land occupation densities;
changes in land use and housing types and needs (Payne, 2002). These effects result
in the combination of greater land demands, land scarcity and eventual increase in
land prices (GTZ, 2007; Payne, 2002). The population of Ayigya is predominantly
low-income and poor households greatly dependent on the informal sector and retail
(KMA, 2010). This population is made up of local Ayigya inhabitants and migrant
workers seeking cheaper rental accommodation than that found in the CBD of
Kumasi (KMA, 2010).
Ghana has a ‘dual land system’, which refers to a system that is governed
simultaneously by statutory and customary systems of governance. In Ayigya
however because of a large population of a Muslim community, which constitutes
roughly 20% of the population in Kumasi, a Muslim system of governance needs to
be considered (KMA, 2010). The Muslim system of governance is governed by Islam
property and land laws according to the Koran and other Islam laws (Sait and Lim,
2006). The 65% Christians and 15% traditionalist population in Kumasi are under
both the customary and statutory land management systems (KMA, 2010). In Ayigya
the customary system is recognised and practiced more than the statutory and the
Islam system is less practiced as it is only applicable to Muslims. The Muslims just as
Christians and other faith base organisations also have to comply with the other
governing systems, as seen below. In Ayigya there is no clear hierarchy between the
statutory and customary governing systems. However, within land governance 100%
of the land is owned and controlled by the customary land tenure system under the
chiefs and Kings management. The Ashanti King issues an allocation note as shown
in figure 1, which could be considered equivalent to a title deed and is recognised as
proof of ownership in a judiciary statutory court of law (Economic Commission for
Africa).
1.4.1. Statutory Land Authority Structures and Land Acquisition Process
In order to examine the land tenure system in Ghana it is important to be familiar with
the complex arrangement of statutory and customary land authorities. It also
important also important to understand their relations and hierarchy with each-other
as displayed in illustration 2. The yellow path represents statutory land tenure; the
white represents the national ministry and sub-ministries in which the lands
commission is placed alongside, under the umbrella of the national Ministry of Lands,

Forestry and Mines. The red shows the statutory system at a local municipal level.
The Green represents the positioning of the customary land system.
Illustration 1. Organogram of Ghana Land Authorities (Author, 2010)
There are mainly two major organisations that manage land under the Ministry of
Land, Forestry and Mines. The first is the Ashanti region is the Ashanti Region Lands
Commission. The Lands Commission is tasked with managing national public land
under the state and public vested land; it also provides advice to the Chiefs who own
and manage 80% of the land in Ghana. The Lands Commission has four divisions for
public investments; land evaluation; land registration; land surveying and mapping
that work hand in hand with the paramount Chief committee and sub-Chief
committee in managing land in Ayigya (Ghana Government, 2010). When there is
interest in the development of stool land managed under customary law and the King
has given approval of that development and issued an allocation certificate, the Chief
contracts his own surveyor for the demarcation of the land and drafting of a layout
plan. This is taken to the Kumasi Metropolitan Assemble (KMA), the second land
management organization, for approval and placed in the formal lands records.
According to respondents most land is registered with the Chief; however less has
been registered in the Lands Commission records. KMA’s role is to ensure that the
land is registered and its properties are documented within the database. Its role is to
also provide land use management; new structures are built according to the set
building standards and regulations.
Within the customary, KMA and Lands Commission structures a significant number
of women are represented and given high ranking positions within the organizations.
It is hoped that these women are instrumental in ensuring that women land rights and
particular needs are recognised (Ministry of Land, Forestry and Mines, 2010 and
Land Administration Project, 2010).
MINISTRY OF LANDS, FORESTRY AND MINES
LANDS
COMMISSION
ASHANTI
REGIONAL LANDS
COMMISSION
LANDS VALUATION
SURVEY
DEPARTMENT
LAND TITLE
REGISTRY
OFFICE OF
ADMINISTRATOR OF
STOOL LANDS
CUSTOMARY
LANDS
SECRETATRIAT
KUMASI
METROPOLITAN
ASSEMBLEE
FORESTRY
MINERALS
COMMISSION
NATIONAL HOUSE OF
CHIEFS
ASHANTI KING
PARAMOUNT
KUMASI CHIEF
AYIGYA CHIEF
SUB-ZONGO ISLAM
CHIEF
REGIONAL HOUSE
OF CHIEFS

There are two land taxes. The land tax to the stool and the property tax for
engineering services paid to KMA. The amount of tax depends on the land use of the
land and is higher for industrial and commercial use. The amount of the tax is decided
on annually by the Regional House of Chiefs. It is a minimal fee that is generally
afforded to most households. Land rent is paid to the Chief annually in accordance
with the Land Act.
Once land is bought a once-off bulk amount is paid for public land acquisition to the
Chief or owner of land, this is then followed by an annual rent government gives to
the owner of land. In addition a yearly ground rent is paid to Office of Administration
of Stools Lands (OASL); this is the land tax (Ghana Government, 2010).
Currently the main laws that deal with land rights with regards to land distribution to
female and male inhabitants are the National Land Policy through LAP, 1999;
Property Rights of Spouses bill, 1992 Constitution of the Ghana Republic;
Administration of Estates Act, 1961 (Act 63); The Wills Act, 1971 (Act 360);
Intestate Succession Act, 1985 (PNDC Law 111); Intestate Succession Amendment
law, 1991 (PNDC Law 264); Conveyancing Act, 1973 (NRCD 175); and the
Marriages Act, 1884 – 1985 (Cap 127) (Parliament of Ghana, 2007). In practice these
laws apply in the absence of customary laws (Parliament of Ghana, 2007; Ministry of
Lands and Forestry, 1999). Both customary and statutory laws apply on a piece of
land depending on the legality of documents acquired by individuals and whether the
land is customary or public invested land.
Customary
Statutory
Islam
Illustration2. Land governance system overlaps and hierarchy, Ayigya (Author, 2010)

1.5. Problem Statement and Objective
1.5.1. Problem
 Access to land and freedom to exercise ones land rights are basic human rights to
be enjoyed by all human beings, regardless of their age, sex, gender or race (UN-
Habitat, 2007). Too often discrimination of land rights against women are
highlighted within an agricultural rural context and not an urban context (FAO,
2007; UN-Habitat, 2007). It also places a bias towards rural gender inequality
issues and places them as more important and urgent than a peri- (urban). This
problem means that in policy formulation processes urban women land right
issues may be left out of policy formulation. This has dire consequences as urban
women’s livelihood strategies that are also highly dependent on access to land
cannot be realised. In addition, without the adequate access to land urban
women’s socio-economic development is placed in jeopardy and their possibility
of using land as poverty alleviation resource is not made possible (FAO, 2002).
 According to literature land in peri-urban locations is being commercialised at the
expense of local inhabitants, most vulnerable being women who either get out-
bided out of their land or in the cases where it is not owned they are dispossessed
of it through the Chiefs sale of it (Owuso-Yeboah, 2003; Ubink, 2007). This
economic value to land has meant that original inhabitants and the poor are left
landless, with women being most vulnerable. Based on the above literature the
assumption of gender unequal access to land is made, hence this study assesses
the land rights and land tenure security of women in Ayigya
1.5.2. Objective
 Through a quantitative and qualitative exploratory research based on the
perceptions of women and men assess property rights and level of land tenure
security for women in Ayigya so as to make recommendations on improving their
access to land and socio-economic status
1.6. Research Question
This study will address the question “Do women and men access land the same
way under the different land tenure systems in Ayigya and how does this impact
their socio-economic status?” To have a comprehensive answer to the main research
question the following sub-questions need to get answered:

1.6.1. Sub-Research Questions
 How are land rights obtained by women and men in Ayigya?
 Is the land acquisition process discriminatory towards women?
 Are the land tenure systems discriminatory towards women?
 Is land seen as an income generating asset?
 What are the types of land and property rights of women in peri- urban Ayigya?
 What are the main obstacles in accessing land rights in Ayigya?
 Does secure land tenure and access to land have a positive impact on socio-economic
status?
This assessment will be through conducting a quantitative and qualitative research
based on acquiring information from a joint survey and in-depth interviews with
regards to improving women land tenure security.

CHAPTER 2
This chapter comprises of two parts, the first being that of concepts and general
theory associated with international and Ghana land rights; socio-economic
conditions; tenure security; land tenure, peri-urbanism and gender studies. Part two
applies these concepts directly within the context of Ayigya, Ghana as they are
operationalised within its complex arrangement of customary, statutory and Islam
land tenure frameworks. Lastly the chapter will introduce an analytical model of how
to use the concepts and literature gathered for the analysis of this study.
2.5.1. Land and Gender Studies Concepts Land Rights
Payne, 1997 suggests that, ‘property rights refers to the recognised interest in land
and property vested in an individual or group and can apply separately to land or
development on it… rights may cover, inter alia, access, use, development or transfer
and, as such, exist in parallel with ownership’(Payne, 1997:3). In Ghana the land
rights are within two land tenure systems, the customary and the statutory, which both
recognize the above listed rights. This study takes a look at the vested interest of
women and men in Ayigya.
There are a variety of land rights which can be categoried as the right to use land as
needed; the right to control land as it is necessitated and the right to benefit from and
to transfer land to others in one form or the other (FAO, 2002). It is the interest of this
study to see whether the bundle of rights received by women and men is equally
accessed and whether this access is of the same use, control and transfer. Often the
lowest land right is of its land use, this in most cases is the only land right if any
access is given to land that is accessible by the poor and women (FAO, 2002).
In Ayigya land rights are mainly through what can be considered as de facto rights.
De facto land rights are different from de jure rights, however in Ayigya this does not
mean that the one is higher or has more value than the other. Both de facto and de
jure land rights are recognized by the national constitution and legislature (Republic
of Ghana Constitution, 1992; Ashanti Kingdom, 2010). De facto rights, which are the
rights and forms of tenure in practice found on the ground, are not seen as informal
but are legal under customary law and practice as much as de jure rights (FAO,
2002).
An understanding of what is perceived as ownership is also necessary as this
understanding may differ within western and customary land tenure systems
(Doebele, 1978). In Ghana 80% of land is owned and controlled under a customary

system, which views ownership of land as the ownership of land use rights held by an
individual within community but not possession (Ashanti Region Lands Commission,
2010). In the Ashanti Region where 100% of the land is customary owned, an
individual owning land individually or a family owning land jointly have the right to
sell and transfer land to interested buyers, these transactions however need to be with
the final approval of the Ashanti King. In addition a buyer buys land that they may
never fully own as it will always be communally owned and overseen by the Chief or
King under the customary law. This is unlike in the westerns predominant concept of
land ownership whereby land has a stronger economic value and is privately owned
by an individual for personal interest who sells land as he/she sees it fit to without the
prior approval of a King or Chief (Doebele, 1978).
2.5.2. Tenure Security
Tenure security around the world and in Ghana is of great importance to the
improvement and development of property and land by households (Payne, 2005).
Without fear from eviction households and individuals have a form of security that
they may make long term investments and consider long-term residents and
occupation of space (UN-Habitat, 2007, FAO, 2002). For this study it is important to
find out whether women and men have secure tenure and whether this security is
more for one than it is for the other. The importance of tenure security in this study
needs to be stressed as without it women and men would have great challenges and
restrictions in accessing infrastructure and services within their place of secure
occupation. It is thus important to have a land tenure system which allows for the
urban poor to have access to secure land tenure. This needs to be a tenure system that
does not provide secure land tenure only through the legal ownership of land as the
poor are less likely to afford the costs associated with buying land; and may not be
familiar and have easy access to legal administrative systems.
As stated by Payne, 2005 secure tenure can be acquired through various forms. In
Ayigya secure land tenure is commonly reached by either a statutory issued title deed;
rental contract by landlord and tenant which includes a two year down payment; joint
ownership of land through inheritance; an allocation note which serves as a title deed
issued by the Ashanti King.
In Ghana security of tenure as proposed by De Soto (2000), is not only through a
legal title under the statutory law. Other forms of tenure security are accepted such as
those under the customary and Islam land laws. People’s lives and ability to improve
on their socio-economic development is not dependent on acquiring a land title as a
form of secure tenure, other forms of secure tenure as stated above may provide, the

‘legality’ of these. These forms of secure tenure are validated by the customary and
common perceptions of community members, the Ashanti King and the Chief Ashanti
Kingdom, 2010). Although having secure land tenure is important a poor person’s
socio-economic development is equally dependent on other ways of improving their
living conditions such as improvement on infrastructure, access to services in their
place of residence, education and employment.
Increased land tenure security then becomes critical for generating equal socio-
economic opportunities for the women of Ayigya so they may be enabled to be in
control of their own socio-economic development (Payne, 2002). Land as an income
generating asset is seen as critical to provide a basis on which land policies may
increase land rights and land tenure security specifically for women (GTZ, 2007).
2.5.3. Land Tenure
Land tenure is defined by Payne, 1997 ‘the mode by which land is held or owned, or
the set of relationships among people concerning the use of land and its product
(Payne, 1997: 3).’ Land tenure is dependent on the nature and type of society being
referred to and the body of governance, dominant belief system, political and
religious governing a location (Doebele, 1978). Various authors have brought about
their views and perceptions of ways in which to increase land tenure security for
those who lack security of land tenure such as the urban poor, women and low-
income earners.
According to literature, there are fundamental differences and clashes between
western statutory and indigenous customary principles and the concept of land
(Payne, 1997). In Ghana, land is traditionally viewed as something that belongs to the
community and is being managed by the king for future generations, whilst the
colonial western traditions predominantly view land as private property and a
commodity to be owned by an individual (Agbosu, 1999; Payne, 1997). These
differences can be seen in Ayigya, where in practice the customary system is the
dominating governing system, the statutory land system is secondary and a technical
supporting system, and the Islam land system is only applicable to households that
live by the principles and laws of Islam. These households also have to comply with
both the statutory and customary land systems that their land managed and
administered under, there is no hierarchy but co-existence of the land tenure systems.
Islam Chiefs are also representative in the higher Chief rank committees under
customary. Non-Islam households experience an overlap of a dual system towards
land administration and management. The hierarchy of these systems as shown in
illustrations 1 and 2 is that customary law has as high powers as statutory by law but

it is not clear how this relationship is in practice (Constitution of the Republic of
Ghana, 1992)
Community occupied customary land is also being sold at high prices to the new
settlers of peri-urban cities of Ghana (Agbosu, 1999). In most cases this loss of land
is without compensation (Kasanga, 1997). With the rapid urbanisation of peri-urban
areas in Ghana customary land tenure is largely being transformed from communal to
individual rights; and from land user rights to land ownership (Agbosu, 1999). This
has meant that modern customary land tenure needs to accustom itself to a wider
spectrum of land tenure. The sale and allocation of land to settlers has placed a great
strain on intra family relations, who face land disputes over land ownership and user
rights (Blocher, 2006). Within these family disputes and loss of land by local
inhabitants women are most vulnerable to less land rights and of being worse off than
previously (Blocher, 2006).
According to Blocher, in Ghana there are great conflicts resulting from the
contradictions set by government statutory land policies, administration, institutions,
and the customary land tenure system (Blocher, 2006). Compounded by poverty and
unfavourable changes brought about by urbanisation consequences of conflicting dual
land systems is that local inhabitants and farmers are losing their right to use and
occupy land. Blocher, describes these consequences - as having the following effects
in Kumasi “In peri-urban Kumasi, not only are instances of “rough sleeping” (on
verandahs, kiosks, or pavements) increasingly common—one in six men and women
do so—but overcrowding is also on the rise, with some villages averaging six to
twelve people per room (Blocher, 2006: 169).”
Rapid urbanisation has meant that urban land markets are developing at a rate faster
than urban land management adjustments. Poorly managed urban land markets thus
fail to accommodate the needs of the very poor and low-income households (Payne,
1997). The challenges of poorly managed land markets are compounded by the often
conflicting co-existence of statutory, customary and religious land management
systems found in some developing countries such as Ghana.
In the urban settlements the lack of co-ordination of co-existing land management
systems often produces social and political conflicts, socio-economic irregularities
and contradictions within the land market (Payne, 1997). This is the case in Ghana as
it is in many other parts of the developing world, where the most vulnerable of
society, the poor are excluded from access to the land market. This exclusion is often
related to less land rights and insecure tenure security. In Ghana there is poor
management of land whereby cadastre is outdated; there is lack of information on the

operations within the land market and poor land administration (Kasanga, 1997).
Studies have primarily focused on these land operational issues however as important
is the need to management land in a manner which affords equal land rights to
women.
2.5.4. Gender
In this study when reference is made to gender it refers to the societal roles given to
male and female sexes. These gender roles change from one context to another
according to contextual societal norms, values and beliefs. Gender is defined by the
Status of Women, Canada, 1996 as:
The culturally specific set of characteristics that identifies the social behaviour of
women and men and the relationship between them. Therefore, gender refers not
simply to women or men, but to the relationship between them, and the way it is
socially constricted. Because it is a relational term, gender must include women and
men. Like the concepts of class, race and ethnicity, gender is an analytical tool for
understanding social processes (Status of Women, Canada, 1996, In United Nations,
2008:147).
A gender analysis of how land is accessed by women and men identifies specific sets
of characteristics of how they each access land and how they relate to each-other in
accessing it. It takes a look at how they are affected by their environment and the
social and economic characteristics of their context.
Gender analysis is crucial in this study as it is widely believed that women in Africa
and around the world are generally dependent of men for land tenure and property
rights (GTZ, 2007; UN-Habitat, 2007). This is most common in customary land
tenure systems (UN-Habitat, 2007). Where this belief is reality women face
discrimination as there is often unequal access to land rights and land tenure security.
This belief makes independent socio-economic development of women to be faced
with great challenges and obstacles as they are not in charge of their own
development destiny to improve their living conditions. It should also be noted that
discrimination from accessing land is also coupled with other form of discrimination
from access to education, employment and community participation opportunities as
afforded to their male counterparts (GTZ, 2007; UN-Habitat, 2007). Gender
sensitivity needs to be addressed in other areas either than accessing land.
Discrimination of access to land has led in some instances where women migrate
from rural to urban environments (Tsikata, 2010). Reasons behind this migration are

the notion that in the urban areas they will receive greater access to land rights and
secure tenure (Tsikata, 2010). These occasions place women in complex
compromising positions where they have to abscond their lives in one context usually
rural and move to other ‘less discriminatory’ contexts, which is usually in either peri-
urban or urban (Tsikata, 2010). This migration often forces women to some extent to
have to choose between their traditional customary system which is part of their
cultural heritage and either a more liberating customary system or a statutory system
of governance which ‘seems’ to promise more land tenure security and socio-
economic development opportunities.
Other challenges for women are of standing up for their land rights at the expense of
possible social and economic exclusion. In addition to these challenges women’s
major barriers to land rights and land tenure security are often as a result of poor
access to land related information; gender discriminatory land tenure registration
processes; gender discriminatory statutory and customary land tenure systems; lack of
access to credit and new technology necessary for information simulation; money and
time to increase their involvement within land administration systems (GTZ, 2007;
GLTN, 2010; Jacob, 2010). Gender equality needs to be looked from a broader
perspective of the benefits it yields whereby women’s ‘untapped resource’ may
contribute greatly to the development of communities and households, this is
especially important for poverty stricken communities who need to unleash women’s
unrealized potential as an equal economic contributor to households.
2.5.5. Socio-economic Conditions
Attaining land rights and land tenure for women and men is increasingly becoming a
challenge for women and men. When women experience divorce, death of spouse,
abandonment by their male counterpart of which they may be depending on, women
become especially vulnerable to changes associated with urbanization as traditional
household structures are altered (FAO, 2002). Women’s roles that may place them as
heads of households in the peri-urban and urban contexts demand them to enhance
their socio-economic status and conditions. In order to do so there is more demand for
women to access land to increase their socio-economic conditions.
According to Payne, 2002, sociological conditions with regards to land studies refer
to a women’s position in society to exercise their land rights, make decisions; be part
of decision making processes and land related processes. “There are strong
correlations between the decision-making powers that a person enjoys and the
quantity and quality of land rights held by that person (FAO, 2002:3)”, often in
society this person is a man whether he is the King, Chief or President. The social

status of someone in society is also often directly linked to their share of land
ownership, use and control of, in most societies this elevated social status attached to
access to land is mostly exercised by men more than women (FAO, 2002).
Economic conditions according to this study refer to women’s ability to
independently have access to the financial resources necessary to acquire land and
participate in the land market. Furthermore it is about a women’s ability to use land as
an asset to benefit from land related transactions associated with sale, subletting and
other uses that may generate income (GLTZ, 2007). The study will assess the land
rights and land tenure accessed by women with the comparison of men’s in Ayigya
and how these currently allow them to have food security; land use security and
financial independence.
2.5.6. Tenure: Challenges in Peri-urban Areas
Peri-urban environments are those that are “outside formal urban boundaries and
urban jurisdictions, which are in the process of urbanization and which assume many
of the characteristics of urban areas (Environmental Centre for Swaziland, 2004:1)”.
Generally, the duality of land tenure systems occurring within the peri-urban context
is not progressive and keeping up with the new and changing demands over land
(Ubink, 2006). There have been conflicting changes in land ownership, use rights,
tenure rules, transfer and methods of land acquisition. In Ayigya conflicts regarding
fraudulent duplicate sale of land have been in the past a domineering issues. These
instances occurred as a result of failure to consult the Chief prior to land purchase.
There are 5 different levels of per-urbanisation that have been stated by Drescher and
Iaquinta, 2000. These levels are of a continuum of different peri-urban levels ranging
from those that are mostly urban and those that are mostly rural and the ranges in
between the two extremes. Literature on the dynamics of peri-urban environments has
listed their categories as:
 Village peri-urban (or peri-rural): rural places not close to urban areas but with
urban consciousness;
 Diffuse peri-urban: close proximity to urban, heterogeneous community, in-
migration from several places, most likely to experience conflict, resolutions of
conflict often negotiated according to urban institutions;
 Chain peri-urban: opportunistic in-migration from a single place, high degree of
ethnic homogeneity and high population. New traditions are created as in an
urban village examples are squatter settlements;
 In-place peri-urban: in close proximity to urban and result from in-place (in-

situ) urbanization, migrants arrive from the city;
 Absorbed peri-urban: close proximity to urban. Long peri-urban existence with
some customary institutions carried on by new comers, original settlers are the
minority category, migrants from the rural (Drescher and Iaquinta, 2000: 14, 15,
16).
The following table gives possible implications of the different peri-urban
environments within various institutional contexts occurring within land and property
inheritance rules:
Table 1. Drescher and Iaquinta, 2000:170
By focusing on a peri-urban environment the study looks into land right dynamics of
a transitional area. Predominantly, women land right studies have focused on the
struggles experienced by women in the rural context (FAO, 2002). This study is
adding onto the shortage of writing which looks at women’s land struggles in a peri-
urban.
The table above places the different peri-urban categories and their institutional
contexts and the relevance these have within a land inheritance system (Drescher and
Iaquinta, 2000). The inheritance system is also assessed within population and social
policy dynamics. The upper part of the table provides a summary of the effects of
land inheritance rules under the different peri-urban typologies. Through a continuum

of identified aspects of land tenure it compares each category according to the
importance it places on land; the clarity and existence of common customary rules;
legitimacy and influence of these rules. These rules are important and clear in
Ayigya, they also provide a sense of legitimacy, this is especially because land is an
fundamental importance to the Ashanti Kingdom. In addition, the structured
inequalities amongst community members; the conflict levels and bases of conflict
levels of inhabitants within the different categories are stated as they are proposed to
exist within the identified peri-urban categories. Because of the Ashanti principles (to
be discussed below) that guide the customary system in Ayigya structured
inequalities in, in-place Ayigya can be argued to be modest and not great as
suggested by Drescher and Iaquinta, 2000. Unknowingly one may guess structured
inequalities may be high in village-pu environment. Below, the table judges peri-
urban implications according to the importance and influence of an ageing population
of community members within a peri-urban society.
Within the in-Place category the survival of the customary inheritance system is
dependent on the land as a resource and it is also dependent on the existence of elders
who are able to control this resource, this is the case in Ayigya (Drescher and
Iaquinta, 2000). The situation in Ayigya does not fit entirely into any of the above
mentioned categories of peri-urban environments. The closest link is that within the
in-place as it places a peri-urban environment as having a broad customary
background, providing legitimacy which directly correlates with the strong
importance placed on elders to carry this out. Unlike the description provided by
Drescher and Iaquinta (2000) there are many informal productive roles in the society;
low conflict amongst people and low conflict levels. The main resources involved are
land and are controlled primarily by the Chief and landowners, other non-land
resources such as cars were not common. Not mentioned above is that there is
relatively high population density; high levels of land tenure based on a rental market
of compound units owned by families under the customary property inheritance
system aimed at targeting a growing demand of residential accommodation of
migrants.
2.5.7. Current Main Ghana Statutory Land Tenure Policy
The 1992 Ghana constitution states that land ownership and possession by the
customary tenure system will serve the needs of all (Ghana Constitution, 1992).
Twenty percent of land is state owned under statutory land law, whilst 80% of land is
privately owned under customary land law (KMA, 2010). This state owned land is
not under customary but under statutory law. Currently under the Ministry of Lands
and Natural Resource’s National Land Policy, 1999 the Ghana government has

established the Land Administration Programme (LAP) to implement its policies and
manage land (Kasanga, 2003,). The Land Administration Program (LAP) is a multi-
year (5-15 years) land reform program that has been running for the past five years. It
is a programme funded primarily by World Bank. Under the LAP “Customary Land
Secretariats” have been established to administer the customary land system and
ensure that it is incorporated within the formal land system (Huairou Commission,
2010). Through LAP it is envisioned that the contradictions and conflicts between the
customary and statutory land tenure systems will be resolved. Its aims are to improve
socio-economic disparities through ‘improving security of tenure, accelerating access
to land by the populace, and fostering efficient land management by developing
efficient systems of land titling and administration based on clear, coherent and
consistent policies and laws supported by appropriate institutional structures’
(Kasanga, 2003: 147).
Furthermore LAP’s objectives are as follows:
 “Reduce tensions between government and customary landowners by encouraging
dialogue between the two systems.
 Boost supply of lands for agricultural growth for rural development.
 Increase investments in urban land.
 Enhance private sector participation.
 Foster good governance in land administration by internalizing measures for
participatory management, account ability, transparency and highest and best-use
principles (Kasanga, 2003: 147).”
LAP has made a progressive move by beginning a series of workshops, to validate a
Draft Gender Strategy that aims at facilitating the mainstreaming of gender into LAP
and its associated processes in land related implementing agencies (Dowuona-
Hammond and Minkah-Premo, 2005). These workshops aim to improve land tenure
security for the urban and rural poor, especially women.
2.5.8. Customary Land Tenure
In Ghana 80% of land is owned under a customary system, which views ownership of
land as the ownership of land use rights held by an individual within community but
not possession (Ashanti Region Lands Commission, 2010). An individual owning
land individually or a family owning land jointly (although these sales are rare)
communally are able to sell and transfer land to interested buyers these transactions
however need to be with the final approval of the Ashanti King.

According to Ubink (2006) and Kasanga (1997) the Ghana customary land tenure
system has been riddled with corruption and mismanagement. Chiefs fail to represent
equitable development and inclusive governance. Land corruption and
mismanagement is also found within the statutory land.( Ubink, 2006), points out that
the abusive nature of Chiefs who are more concerned with personal gains at the
expense of land tenure security is great concern to the distribution of land and land
rights to the people of Ghana. Rather than being able to profit from rising land values,
some Ghanaians have found their livelihoods sold out from under them by
unscrupulous Chiefs or government administrators. “Lacking the power to claim just
compensation, many Ghanaians are doomed to landlessness. (Blocher, 2006:169)”
Ubink, 2006 however fails to point out that the exclusion of those who can afford
high land prices within the statutory land market of Ghana. Also not stated is the
gender discriminatory process which is of great concern to the distribution of land to
the people of Ghana, whom 60% live below the poverty line (Kasanga, 1997;
Agbosu, 1999; Blocher, 2006). Unlike Ubink (2006), there is no questioning the
relevance of customary land ownership and a customary land tenure system. Ghana is
a country that is run predominantly by a customary governance system and only
partly by statutory governance (Arko-Adjei et al., 2009). In light of this, those with
the view that a statutory land tenure system is better able to secure land tenure
security cannot alienate the importance and prevalence of the traditional customary
system in Ghana. For an African women living under a dual customary system, which
is entrenched in traditional customary social structures it is not so simple to denounce
the customary land tenure system. It is therefore unrealistic to question the relevance
of Ghana’s customary land tenure system, when it is inevitable that future land tenure
security policies and laws related to women need to be negotiated within this
environment. An opposite argument is given by Arko-Adjei et al., 2009, who state
that the customary land tenure justice system is best in dealing with the dynamics and
conflicts experienced in peri-urban Ghana. Customary land tenure justice system
understands the complexities and nature of customary land tenure; it also has simple
and flexible conflict resolution tools and institutions (Arko-Adjei et al., 2009).
However Adu-Ampong et al., 2008 are in contradictory with Ubink, 2006 and
Blocher, 2006 as they state that the customary land tenure system has benefited from
an increase in land prices but not at the expense of negative effects on indigenous
inhabitants. This is said to be because in some parts of Ghana there is no significant
commercialized land market.
Where there is loss of land by the indigenous population of an area, women’s high
dependence on men for land tenure security consequently often makes them the most

negatively affected (GTZ, 2007). In terms of gender equality with regards to access to
land within Ayigya and other peri-urban locations in Ghana the attainment of gender
equality would entail very fundamental social and economic changes in both
traditionally male dominated and bias customary and statutory governance systems in
Ghana (Adu-Ampong et al., 2008).
2.5.9. Islam Land Laws
According to the Islam principles and the Qu’ran land laws all resources on this earth
belongs to God similarly as in the customary laws people are people are seen as mere
custodians of land. In the Islam faith however a chief is not appointed by God to
oversee land on his behalf with the exception of the Ayigya sub-Chief who has
inherited Ashanti Region custom. The Islam principles and laws on land are not
entirely dissimilar to those of the Ashanti custom, which may explain how the two
exist alongside each other with no major conflicts (United Nations, 2008). It should
be stated that policy formulators and practitioners may find within the range of Islam
laws principles that may add value towards creating environments of equal and equity
based distribution of land rights and land tenure. It has been already found that Islam
finance and funding models and endowments types such as waaf (in this study it
refers to land or property provided by a wealthy Muslim for public use, the concept is
further explained by Sait and Lim, 2006) may contribute towards promoting the usage
of land as an income generating and socio-economic development resource (United
Nations, 2008).
In the Islam laws on land and property women are given rights on a ratio of 2:1 in
favour of men, this inequality needs to be understood and looked at in their entire
context of the Qu’ran principles and practices and not as an isolated means of land
distribution (Sait and Lim, 2006). As quoted by Sait and Lim, 2006:136 ‘complex
and distinctive In ancient Islamic societies women of all strata owned property,
bought, sold and exchanged property and endowed it at will’, women under Islam law
should have equal access to land rights and land tenure, however this needs to be
considered within current and contextual locations Islam is practiced under (Sait and
Lim, 2006).
The different types of land tenure and land rights in the Islamic principles and
practices are very important in understanding gender relations under the Islam
property laws of inheritance and land distribution. Land gender studies require an
overall understanding and insight into the study areas religious and muti-cultural
dimension in which Islam is practiced (Sait and Lim, 2006). Islam and customary
systems may have similar aspects in nationally however this does not been that the

implementation of the principles and policies as these are often fused with other
institutions and frameworks’ inherited by the beliefs and customs of the populace of
the area.
2.5.10. Statutory Land Tenure
Acquisition of land is the same as it is in the customary practice whereby the buyer of
property keeps the property, the property and land rights of husband and wife are
separate and do not become joint property when they get married (Parliament of
Ghana, 2007). A will or legal agreement between individuals in a will or legal
document may pass use rights or ownership rights to a man or women. The
perceptions of the statutory law with regards to inheritance through a will and the
Succession law are that it is fair and excepted where applicable under legal marriages
through the court. In the case of a statutory marriage land and property is dealt with
according to statutory land and property related marriage laws (Parliament of Ghana,
2007). Property jointly acquired during marriage is equally separated in the event of a
divorce. Under statutory law land and property is not distributed according to
matrilineal customs, the case of matrilineal inheritance is in the customary law of the
Ashanti and not a national occurrence.
Land rights are mainly acquired through legal ownership of land, which is proved
through a title deed or trust under statutory law .However because of the recognition
of customary law a judicial court may except an allocation note issued under the
customary system as proof of ownership. Land and property owners often leave wills
that are to be followed in the event of death, where a will is not written the Intestate
Succession Act, 1985; law applies which states that land is to be distributed amongst
the family with the deceased spouse, children receiving not less than a ¼ each of the
property (Parliament of Ghana, 2007). All land use rights are equal for men and
women according to the statutory law in Ghana.
2.5.11. Ghana Gender and Land
Gender studies in urban development are increasingly seen as an important factor to
consider in government structures. The Ministry of Land, Forestry and Mines has
introduced this through their project to involve women within their structures and to
have gender sensitivity in their programmes. In addition politically women are being
supported by both the customary and statutory governing systems to participate more
in politics and government structures and ministries. Within the customary laws and

land development structures of the Ashanti region gender roles historically have
always been an important and significant part of the Akan peoples’ culture.
Alhassan (telephonic interview, 2010 see annexure 1) points put that in the rural and
traditional customary system of Ghana depending on a Chiefs policies and land
management there are many instances where women are provided with strong land
rights and tenure security attained through usufruct and inheritance of land and
property. It is then within both statutory and customary land tenure systems where
adjustments need to be made to increase land tenure security for women.
2.5.12. Matrilineal Land and Property Inheritance
Of great significance to this study in it being an exploration into land and gender
matters is that land and property is passed on through a matrilineal cultural system In
marriage the matrilineal passage of land and property as it is in the Ashanti region is
through the women’s side of the family to either a man or a women from that the
female ancestor (Awusabo-Asar, 1990).). The following extract from the Ashanti
Kingdom website further explains the symbolic meaning of this tradition:
“Resulting from war efforts, the woman is the custodian of the children of the
marriage and they are, in essence, hers, they claim clanship through their mother and
to a larger extent, inheritance, especially since the land, the Ashanti's precious
property, is known to belong to the woman and not the man But then comes the
adage that if a woman weaves a shield, she stores it in a man's room, in other words
what every woman acquires must belong to a man….Historically and presently the
Akan of the Ashanti of which Ayigya’s population is mainly composed of hold
women in high regard as custodians of knowledge and wisdom who ‘[Have] the final
arbiter in all decisions in the Ashanti community (Ashanti Kingdom, 2010:1).”
Women are consulted throughout community decision making periods. To further
display the importance of women’s position in the Ashanti culture, upon the death of
the King it is the Queen mother who nominates and introduces the new King to the
tribe, this and many other roles played by women in the Ashanti Kingdom are
displays of the importance of women in the region and its towns. Ayigya as a town in
the Ashanti tribe is evidence to this as women and men relatively have the same
opportunities and access to land.
Furthermore, in ancient times women were very instrumental in leading wars, the last
war to be fought by the Ashanti was in 1900 against the British this war was led by a
women (Ashanti Kingdom, 2010). In modern day Ghana women for example are

active in politics, government, still in the customary system and the majority in the
retail trade sector which holds 80% national trade returns (Ashanti Kingdom, 2010).
2.5.13. Gender and Land Policies and Evaluation
Land policy is often looked at from an economic and political standpoint, it is only in
the recent decade that governments are now starting to address and notice the
inequalities of land policies with regards to the distribution of land rights. Only
recently has land policy and legislature begun to consider gender inclusive land
legislature in order to bring about the socio-economic empowerment of women (GTZ,
2007; LAP, 2010). These however need to have a clear and publicised assessment of
the level of women land tenure security and the implications of these on their
personal development and that of their households. Gender sensitive policies need to
not only be in legislature but policy formulators and practitioners need to place
regulatory frameworks and administrative systems that are able to counter act
possible threats of cultural patriarchal systems and political unwillingness to provide
gender equality of access to land. The Un-Habitat Global Land Tool Network
(GLTN) has developed a set of criteria’s to assess whether land tools and policies are
gender sensitive and accommodating. The GLTN has set up a list of 22 evaluation
questions that will assist practitioners to judge if a land tool is provides gender
equality and is responsive to the differing land needs of men and women (GLTN,
2008). The criteria’s cover a range of barriers associated with limiting women and
men’s access to land (GLTN, 2008).
Commonly found in land policies globally has been the incorporation of the needs of
the urban poor within government land policy objectives, these policies however need
to also specifically state the needs of land requirements of women (Gaidzwana,
1994). Where there are land policy contradictions and conflicts women often are left
outside both systems, hence the importance of this study to inform policy makers and
practitioners on how to ensure that in both systems women’s land needs are
incorporated so as to allow them to enhance their socio-economic status in society.
Once an assessment has been made on the levels of tenure security for women, the
existence of a dual land tenure system needs to be incorporated in a way that it meets
the land rights of the urban poor, especially women in both systems and that they do
not feel disenfranchised in one or the other (UN-Habitat, 2007).
In order to explore gender, land rights and land tenure in Ayigya the study has taken
into account the three governing systems responsible and influential in land

administration, management and distribution. Through the usage of the GLTN
evaluation criteria’s of frameworks the three governing systems have been analysed
to evaluate their gender sensitivity awareness within then systems. In addition to this
form of analysis the study has used the fieldwork findings to answer the main
research question and sub-questions as shown in chapter 1.
The following conceptual framework is this study’s main tool of analysis. It has been
developed and adapted from the FAO’s ‘Women’s Access to Land and Housing’
conceptual diagram (FAO, 2002:10). This conceptual diagram enables the researcher
to assess each of the land tenure frameworks in Ayigya by assessing their gender
responsiveness. In order to see how women’s access to land rights and land tenure is
affected the study has to take into account the various institutional frameworks that
influence and determine this access. Women and men’s land rights and land tenure
have been assessed by firstly looking at the statutory legislature; the customary laws
and principles; and Islam and principles that affects gender land rights and land
tenure issues. The laws and principles need to be assessed as they provide property
rights, inheritance rights, marital laws and land use control to women and men.
Secondly, factoring the institutional arrangements of the three main land tenure
frameworks and their roles in women and men’s access to land rights and land tenure
in Ayigya. Thirdly the social conditions need to be considered as they provide insight
and background in which the three land tenure frameworks operate in and the
environment in which women and men access land. Lastly the economic factors such
as the ability and usage of land as a resource for generating extra income, using land
as collateral to get loans, sex of registered person under which land is registered have
been considered. It was also assessed whether women and men use and view land as
an economic asset with an economic value is also assessed in this study. By assessing
the four main contributing factors within the land tenure frameworks in a gender
disaggregated manner the study can determine the land rights and land tenure attained
by women and men in Ayigya.

Illustration 3. Analytical Framework (Author, 2010)
2.5.14. Conclusion
Looking at literature derived from an international, continental and local perspective
of land issues related to women, there is a common agreement that the urban poor
have unequal access to land tenure security, especially urban poor women (Ubink,
2006; Blocher, 2006; Kameri-Mbote, 2005; Toulmin, 2002; Kasanga, 1997).
Research has also looked into matters regarding, the type of land tenure programmes
to be applied in a country and whether these programmes should be under customary
or statutory land management systems. Studies have also shown that there is a clear
need to reassess and reconfigure land policies to suite particular local contexts women
needs. Issues resulting from new land use and tenure demands resulting from
urbanisation have also been highlighted. In addition literature has also identified the
need for land administration systems and land policy readjustments to protect tenure
security for the urban poor and be inclusive of women land rights. Of particular
interest for this study are the land and property rights and land tenure afforded to
women and how these impact on their socio-economic status.
Secondly, loss of previously communal land by indigenous local people undermines
the principles behind customary land tenure of preserving land for its present and
future indigenous generations who include women. The aim of this research is to take
Customary
Land
Tenure
Framework
Assesment of
Gender
Responsiveness
of:
Legal
Instititional
Social
Economy
structures of
Tenure
Frameworks
Gender
Inquality/
Equality of
women and
men land right
and tenure
security in
Ayigya
Impacts on
socio-economic
status of
women and
men in Ayigya
Religious
Land
Tenure
Framework
Statutory
Land Tenure
Framework

stock and critically analyse the existing level of land tenure security for women, so as
to make recommendations in the Land Administrative Programme statutory and
customary governance systems on how they can formulate policies that recognise the
different land needs of men and women. Recommendations will be made that are
sensitive to and articulate on the specific needs of women under a dual land tenure
system.
Thirdly, in the same thread as Arko-Adjei et al, (2009) points out is that any land
tenure system responsive to the land needs of the urban poor, especially those of
women needs to incorporate the strengths of both statutory and customary aspects of
land tenure. Needed is a system that ensures the societal legitimacy and simple
methods of providing (even if it is through drafting letter and get government stamp
of approval) legality of women’s land rights and tenure security they attain (Toulmin,
2006). The urban poor and women should no longer be put in place where they are
unable to prove the legitimacy of their land rights and tenure security as a result of
failing to produce land titles, a proposed land tenure system needs to provide other
simpler context relevant mechanisms.
Lastly, before considering the irrelevance of customary land tenure for providing
equal land tenure for women it is important to note that women land and property
rights in the statutory land tenure system are also discriminatory towards women
(Kameri-Mbote, 2005). It is also important not to generalize on all active customary
systems as these may differ from region to region and settlement to settlement
(Alhassan, 2010). At a moment where sale transactions are occurring within the
Ghana land market women are not always having the same rights as their male
counterparts to buy land, have their names registered as co-owners of land and
participate in the land market (GTZ, 2007). The failures and challenges of the
customary system could have happened in a statutory system where land policies and
management are not established or where they are established, they are not well
enforced.
Not bringing about equal access to land as a resource to be utilised for uplifting the
social status of men and women has a ripple effect of negative consequences within
society. When women control land assets, there is a rise in women’s cash incomes,
spending on food, children’s health and education and household welfare in general.
The formulation and implementation of urban poor, especially women sensitive and
specific land polices is critical. If within a dual or multi governed land system
appropriate and effective land policies that improve and strengthen women land rights
and tenure security constitute the updating, incorporation and streamlining of gender
issues into both customary and statutory system to suite more contemporary times.

CHAPTER 3
3.1. Introduction
In this chapter the research methodology is presented on how the researcher has come
about in answering the main research question of: “Do women and men access land
the same way under the different land tenure systems in Ayigya and how does
this impact their socio-economic status?’; and sub-questions:
 How are land rights obtained by women and men in Ayigya?
 Is the land acquisition process discriminatory towards women?
 Are the land tenure systems discriminatory towards women?
 Is land seen as an income generating asset?
 What are the types of land and property rights of women in peri- urban Ayigya?
 What are the main obstacles in accessing land rights in Ayigya?
 Does secure land tenure and access to land have a positive impact on socio-economic
status?
Furthermore in this chapter, details of the research design, research methods and
strategies, research sample and the operationalisation of variables and indicators will
be given. Lastly the research analytical framework required for data evaluation will
be presented.
3.2. Study Site
Map 1. Ayigya East of Kumasi. Region (source: www. xiongdudu.com, accessed Sept 2010)
Map 2. Ghana (source:www.intercordiacanada.org, accessed Sept 2010)

This study is part of the IHS Ghana Atelier 2010. The location chosen is based in
Ayigya. Ayigya is a satellite town within the Kumasi a Metropolitan city in the
central Ashanti region of Ghana. The Ashanti region is a central commercial region,
66.8% of its population is made of non-migrants seeking employment opportunities
(KMA, 2010). Kumasi Metropolitan Area is approximately 254sq. Km (25,415
hectares), it is the biggest urban area in the region (KMA, 2010). Of great
significance to its commercial status is that the major trade routes of Ghana converge
within the metropolis, making it a major commercial centre (Dickson, 1969). The
Kumasi city population is still growing at 5% per annum (UNDP, 2009). Kumasi is
the most populated region in Ghana and is the second most rapidly growing area in
the country (KMA, 2010). As a result once rural locations such as Ayigya and other
satellite towns around Kumasi are undergoing vast urbanisation processes to
accommodate the need for further expansion of the Kumasi metropolis (KMA, 2010).
Ayigya is attractive to urban migrants who find living cheaper than Kumasi whilst
still being within close proximity of the city centre. In 2008, the population growth
for Kumasi was 1.5 million, Ayigya is said to have captured 30 000 of these
inhabitants (Vitkovic, et al. 2008).
The major source of income for the Kumasi inhabitants is in retail, sales and
production activities (KMA, 2010). In satellite towns such as Ayigya inhabitants,
especially women still take up some agricultural/animal husbandry/forestry activities
(KMA, 2010). Most of the economic activities in Ayigya take part in the private
informal sector by self-employed individuals; this is a more flexible alternative for
especially women who often have little or no formal education (KMA, 2010).
Land ownership is customary, the Chief holds the traditional title to the land; common
for most of Kumasi and Ashanti region whereby the King and Chiefs have traditional
land owner rights. This customary ownership is in juxtaposition to the peri-urban
nature of Kumasi. Land is rapidly being changed from agricultural (subsistence
farming) use to residential and transferred to predominantly to outsiders. Customary
land is being commercialised into a growing land market, it has been commodified
and has greatly increased in price (Kasanga, 2003). More and more land is falling into
the hands of outsiders taking part in the land market, who become the new users and
owners of land. Therefore land use and ownership is lost by the indigenousness
community who often cannot afford to compete in the land market. Locals are left
landless and forced into informal settlements and the rental market. Amongst those
evicted and left landless are women.

In Ghana the Chiefs in practice, with the assistance of local government municipality
organizations, has full control of land management. According to Kasanga only 10
percent of land in Ghana is registered under the statutory Lands Commission.
National land policies and regulations are often not implemented. The land policies,
constitution, institutions and regulations promote customary land ownership. They
have many loop holes that are easily exploited by the Chiefs benefiting in the self-
created illegal and informal land market. Government stance on land issues is
generally that of a “hands off” approach (Kasanga, 2003).
3.3. Gaining Access
To gain access into the study site of Ayigya the researcher had to be accompanied by
a local resident who had to introduce the research to the paramount Chief of Ayigya.
The respondent through the translation of the local resident had to state the length of
stay and purpose of visit and place of residents. This process is important in that it
provides outsider permission and allows the Chief to make the community aware and
sensitive to the presence of an outsider. Without the introduction and permission
seeking out the Chief will not be obliged to assist an outsider in the event of conflict,
it also serves as a way to monitor who gains entry into the settlement. Also important
to the study is that gaining permission and recognition from the Chief made
respondents meant that there were no problems in selecting who to speak to and
respondents were more willing and open to divulge information. Direct access into
compound houses and other forms of housing was assisted greatly through the
introductions made by the research assistant in the Twi local language and local
greeting gestures, who would introduce herself as a student of the local university. In
some cases, although these were very few respondents were reluctant to be
interviewed in such instances an interview was moved to the next compound.
3.4. Research Design and Methods
An exploratory study had been conducted. The study is exploratory as it seeks to
understand the differences and relationship between men and women with regards to
the attainment of land rights and land tenure in Ayigya. It further seeks to assess
whether there are inequalities in the attainment of land by women and men in Ayigya
against the study’s assumption. Furthermore it is an an exploratory study as it will be
looking at land tenure security levels for women in Ayigya, which will be accessed
through a comparison of the perceptions and land rights and tenure security levels of
men and women, using men as a benchmark. This exploratory study is important in
shedding light into how the existing land tenure systems operate in Ayigya.

To gain data a combination of quantitative and qualitative research methods were
used. A quantitative method has been used through a joint survey; structured
interview questions conducted on 20 male and 20 female respondents; notes were
made on the questionnaire where the respondent made a statement of further interest
to the study. Qualitative data was gathered from the open ended questions addressed
to the 40 respondents and the responses from the semi-structured interviews received
from the Ayigya Chief, sub-Zongo Ayigya Chief, his wife and the lands local
authority representative
For two days upon arrival in collaboration with 14 other researchers a random survey
of members of the Ayigya community was conducted. It comprised of a sample size
of 180 respondents who were asked questions that were fragments of each researchers
research topic (questionnaire in annexure 1) to get an initial rough idea of the general
demographics of men and women in Ayigya. It was also key in identifying the
locations of single men and women whom where purposively chosen to have their
perspectives included as it was noticed that the majority of respondents were married.
The joint survey was critical in assisting to identify men and women from different
demographical (varying age groups and land tenure status based on the percentage
representation of the joint survey results) strata that will be compared. It provided
guidance on the locations of married, single, widowed and women and men headed
households locations required for the next phase of the fieldwork study.
The joint survey was followed by in-depth interviews of a representative sample size
of approximately 40 members (20 men and 20 women) of the Ayigya, Kumasi. The
40 respondents excluded the Zongo (Islam) Ayigya Chief, his wife, the paramount
Ayigya Chief and local government expert from the Lands Commission on customary
and statutory land policies. Three different questionnaires were drafted to
accommodate the male, female respondents; the Chief and the local authority. For the
40 respondents interviews a pilot test trial was tested to assess the relevance and
response of the questions. Post the pilot test trial changes were made, it was also
realised that some questions needed more explaining than others, of which a standard
explanation was adopted. Each questionnaire was designed to be relevant to the level
of English, jargon and relevant information that needed to be extracted. For instance
questions needed to answer sub-research question 5 will be directed to the local
authority and not respondents as it is likely that they do not have adequate if any
information on statutory land policies. However having said this the 40 respondents
were asked if they knew some of the government land policies and programmes; and
they were also assessed on their level of knowledge with regards to the land
acquisition process. The in-depth interview questions comprised of simple non-bias
open and close ended questions.

The focus of the research is on women; however the perceptions of men have been
equally put into consideration. Men are used as a benchmark in which to judge
whether women’s access to land are unequal and discriminatory or not .Furthermore,
survey and in-depth interviews include men in the community in order to get a fair
and balanced perception of women related land issues in Ayigya. The Chiefs assigned
to govern land in Ayigya were interviewed in order to hear their perceptions and
policies on women’s property rights and tenure security within the customary system.
Also interviewed was a local government authority member whose knowledge on
land tenure security and property rights policy issues was key in explaining the land
acquisition process; roles and responsibilities of key actors within the different land
governing bodies; determining obstacles that block access of land for men and
women in Ayigya.
A qualitative method based on semi-structured in-depth interviews was used in order
to extract information from the paramount and sub Chief; the sub-Chiefs wife and
local authority representative. The semi-structured questioned were used as a mere
guideline for the researcher in order to ensure that the study’s main points were
answered but respondents were asked other questions than those set for the interview.
The benefits of the semi-structured interview are that it allows the researcher to probe
into statements made by the respondent that may be of further interest and exploration
to the study. The secondary (pre-fieldwork desktop) and primary (fieldwork) data was
gathered as detailed in tables 3 and 4 below.
The validity of data was ensured by the triangulation of data gathered from different
sources and perspectives. Data was collected by using different methods: a joint
questionnaire; in-depth interviews of male and female community respondents, the
Zongo (Islam) Ayigya sub-Chief, his wife, Ayigya Chief and local government expert
from the Lands Commission.
3.4.1. Sampling
For the joint survey a sample size of 180 respondents was chosen as this could be
feasible to do in two days. The research population of this study is of 20 women and
20 men. This target group is of generally low-income male and female respondents,
with the majority of them being self employed. The target of respondents was of
heads of households, landlord or landladies, beneficiaries of inheritance and
compound elders whom it was thought were well informed about the history and
information of the compound and land. The sample size represented 0, 6% of the 30
000 population size of Ayigya (KMA, 2010).

The sampling style used for the joint survey was based on purposeful and convenient
sampling. The 15 researchers set a study boundary area of Ayigya which mainly
comprised of compound houses and was easy to identify once on the ground. This site
boundary area was then divided into 7 zones as shown on the map below. The map
below is a graphic illustration of the starting point of mapping. Zones 5 – 7 are
mainly of the original Ayigya, whilst 1 – 4 are extensions. The green circles represent
households interviewed during the test trial pilot phase of the joint questionnaire.
Two researchers accompanied by 2-1 research assistants conducted one interview
from either an elder/ land lord or the most senior and knowledgeable person that
could be found in the compound or dwelling. Compound households not interviewed
were those that either refused to or where not available during the joint questionnaires
implementation period.
Map 3. Map of Joint Survey and Study Boundary (Author, 2010)
The sampling style of this particular study was conducted through random sampling
and identification of respondents interviewed during the joint survey. The selection of
respondents from the joint survey allowed the researcher to select a sample that
compeered exactly 20 men and 20 women who were varied in terms of age, education
levels. The stratification of the sample to consider men and women from a wider
social class of income (middle, poor, upper) groups but this will not be practical
considering the time and resource limitations of the field study of less than 4 weeks

3.4.2. Operationalisation of Study
The sub-questions as stated in chapter 1 have been operationalised in table 2, as follows in order to extract the necessary data from
them:
Research
Questions
Dimension Variables Indicators Interview Questions Respondent Additional
Data
1. How are land
rights obtained by
women and
women in
Ayigya?
Land tenure Full Ownership, Joint/
Communal ownership
Rent,
Occupation (without status;
inheritance)
% of women owning land
% of women renting
property
% of women occupying
land without status.
What is your land tenure
status?
How do you access land
tenure?
Male and
female adults
Expert
interview
3. Are women
and men equally
informed of the
land acquisition
process?
Women are less
aware and less
informed about
land processes.
Awareness and knowledge
levels about land acquisition
process.
% of women compared to
men who know; kind of
know; don’t know about the
process.
What is the process of
land acquisition?
Male and
female adults
Chief and
Lands
Commission
4. Is the land
acquisition
process
discriminatory
towards women?
Women are not
allowed to
participate in
parts of land
acquisition
processes.
Restrictions for women in
acquiring land.
% of men and women who
say they are allowed or not
allowed to buy land.
Can you buy land? Who
do you have to ask for
permission? Whose name
is land registered under?
Chief, Land
Commission;
male and female
adult
respondents
Lands
Commission
pamphlets
5. Is land seen as
an income
generating asset?
Concept of land
having
economic value
Use of land as an asset. % of men and women
utilising and aspiring to use
land as an asset.
Can you make money out
of x land right and land
use?
Male and
female adults
Chiefs

Final Thesis Sheena Satikge 338365 South Africa UMD6[1]

Final Thesis Sheena Satikge 338365 South Africa UMD6[1]

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