GENDER ACCESS TO URBAN RESIDENTIAL LAND AND LEGAL SECURITY OF TENURE: A REVIEW OF LITERATURE
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Date
2011-12
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Department of Urban and Regional Planning, University of Ibadan, Nigeria
Abstract
Introduction
Land can be defined as the total solid crust of the earth surface, including those features permanently attached (by nature) such as forest, hills, valleys and water bodies up to the sky (air space) and also the resources found therein (Gaddy and Hart, 1993). As the foundation of all forms of human activities, food, shelter and space for other activities are obtained from land. As rightly observed by Gamu (2003), nothing is achievable without land, and if its management in terms of delineation, distribution, accessibility, ownership, uses and control are very problematic, then the populace will find it difficult to develop in several spheres. Consequently, land and land resources need to be properly harnessed and managed to sustain current needs and ensure adequate provision for future generation (Ibidapo-Obe, 2003).
The phrase “legal security of tenure” is an amalgam of two terms: “legal security” and “tenure”. According to the Chambers 20th Century Dictionary, “legal security” means protection offered to a person under the law in a given circumstance and over a particular subject-matter. On the other hand, “tenure” can be described as a person’s holding, or interest in a thing (e.g. land, housing, office, etc) for an assumed length of time. It includes the conditions of which such a thing is held (Ughochukwu, 2001). Implicit in the phrase, “legal security of tenure”, Ugochukwu (2001) explains is the imperative of ensuring that everyone is guaranteed protection under the law and that when it is necessary to interfere with tenure, steps are taken to ameliorate the hardship it will cause. In summary, a person or household can be said to have secured tenure when they are protected from involuntary removal from their land or residence, except in exceptional circumstances, and then only by means of a known and agreed legal procedure, which must itself be objective, equally applicable, contestable and independent (UNCHS, 1996).
Consideration for land accessibility as revealed by Omirin (2003) is vital to the effort to achieve efficient and sustainable development of the human settlements. For sustainable housing delivery and urban development, access to land and security of tenure need to benefits both men and women equally. Unfortunately, there is a plethora of evidence for discriminating in many communities (Kanshahu, 2000). Many religions have firm rules on land and inheritance. In many countries, the rules work against women owing land (UN-Habitat, 2003). In similar manner, most local communities have deeply ingrained cultural traditions or rules which relate to women owing land and granting secured tenure. In patrilineal societies, male superiority and dominance originate from historically rooted culture. Examples of women discrimination include the prohibition to allocate land to women, the right to choose a husband, and lack of accessibility to some educational programmes, reserved professions and job positions (Kanshahu, 2000). However, there are very few exceptions such as what is experienced in some parts of North-East India, where ‘traditionally, only the youngest daughter can inherit and only women can own land’ (UN-Habitat, 2003).
The negative effects of inadequate and inequitable access to land and legal security of tenure manifest in inefficient use of land resources, inequitable distribution of wealth, worsening housing conditions, environmental degradation, poverty accentuation and regional imbalance in economic development’ (Omirin, 2002). The inequitable access to land and secured tenure constitute a major constraint to the achievement of housing and city for all. Whereas much attention has been devoted to housing problems, albeit to little effect, not enough attention is being paid to the constraint of land accessibility – which in fact, constitutes serious obstacles to efficient housing provision (Omirin, 2003) and sustainable urban development.
No time in the history of mankind has there been a greater realization of the well being of women as a social group than the recent times. This is manifested in increased interests by governments of nations and their local agencies, non-governmental organisations, the international organisations and their agencies and the women liberation organisations in matters concerning women (Bogunjoko-Adukwu, 2000). Among scholars all over the world, there is also heightened interest in gender research. This paper is a review of gender analysis of access to land and legal security of tenure, most especially in the Third World cities.
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Keywords
Gender, Security of Tenure, Feminisation of Poverty, Access to Land
Citation
Olujimi, J.A.B. and Bako, A.I. (2011). Gender Access to Urban Residential Land and Legal Security of Tenure: A Review of Literature. Ibadan Planning Journal, 1(2), 187-197. Published by the Department of Urban and Regional Planning, University of Ibadan.