Land Rights for Unmarried, Divorced and Childless Women in Patrilineal Tribes in Malawi

Prospects & Challenges

Abstract

Women’s ownership, access, use, and control of land and natural resources is essential for economic, social, and political opportunities. For instance, ownership and control that is accompanied with access to and economic utilisation of land and natural resources such as water or forests leads to wellbeing, improved livelihoods, and self-reliance. These benefits further lead to increased women’s agency, household productivity and income, responsible spending, and food security. In patrilineal societies, a woman accesses land through her husband or sons. Unmarried, divorced, and childless women are, therefore, excluded from such access to land. The Customary Land Act of 2016 advocates for the individualisation and formalisation of customary land even for such women. It prohibits discrimination based on gender and guarantees women’s access to land regardless of their marital status or whether they have children. Guaranteeing these land rights under legislation to previously excluded women is just the first step to economic empowerment. It must be accompanied with access to, economic utilisation of land, and control of benefits. Patriarchal structures and norms must be changed to ensure that women do, in fact, have ownership, control, and access to resources to derive benefit from production on the land. Through an appreciative inquiry, this paper will first identify the positives through best practices of how to maximise women’s land ownership, access, and control. It will then identify and address challenges that act as obstacles to women’s economic empowerment even when they own land.