Use this Concept Note for Semester Essay to write the essay from an agrarian question perspective
“The Law’s Inefficacy in Securing Women’s Land Rights in Eritrea”
This essay aims to investigate the
limitations of legal frameworks in safeguarding women’s land rights in Eritrea,
with a particular focus on the Eritrean Land Proclamation Article 58/1994. It
critically engages with key scholarly works, notably Lyn Ossome’s “Can the
Law Secure Women’s Rights to Land in Africa: Revisiting Tensions between
Culture and Land Commercialisation” and Silvia Federici’s “Women,
Land Struggles and the Reconstruction of the Commons,” to explore the
intersecting challenges of culture, legal structures, and the economic factors
influencing women’s rights to land.
Eritrea’s
Land Proclamation Article 58/1994 was a legal framework established with the
intention of equitable land distribution and use. However, its effectiveness in
securing women’s land rights has been contentious and debatable. While
revolutionary in some aspects, the proclamation has yet to fully transcend the
cultural and societal norms that traditionally restrict women’s rights to land
ownership and control.
The
essay I will write aims to analyse the legal provisions of Eritrea’s land
proclamation article 58/1994 that pertains to women’s land rights.
Additionally, it will explore the cultural and societal barriers that hinder
the implementation of these legal provisions. I will examine the insights of
Lyn Ossome and Silvia Federici on the complexities of securing women’s land
rights within African contexts, with a focus on Eritrea. Lastly, I will propose
recommendations for enhancing the effectiveness of legal frameworks in securing
women’s land rights in Eritrea.
In
this essay, we will discuss the impact of land commercialisation on women’s
land rights and how economic imperatives can overshadow legal protections, as
discussed by Lyn Ossome. Additionally, we will explore the potential of the
commons and collective rights to land, drawing on Silvia Federici’s work as a
means of securing women’s land rights in Eritrea. By examining these concepts,
we hope to gain a deeper understanding of the challenges facing women in
securing their land rights and identify potential solutions that can help
address these issues.
The
analysis will be based on a review of existing literature, including the
specific works of Lyn Ossome and Silvia Federici, legal documents related to
Eritrea’s land proclamation, and relevant scholarly articles. The essay will
engage in comparative analysis with other African contexts when appropriate, to
highlight both unique and shared challenges in securing women’s land rights.
The
essay will conclude with a critical reflection on the role of the law in
securing women’s land rights in Eritrea. It will argue that while legal
frameworks are necessary, they need to be more comprehensive to overcome deeply
entrenched cultural norms and economic pressures. Recommendations will focus on
a holistic approach, incorporating legal reform, cultural change, and economic
incentives to secure women’s rights to land in Eritrea genuinely.
Use this as a reference “Gender Relations in Traditional Eritrean
Society” Gaim Kibreab, “MERET SHEHENA, ‘BROTHERS’ LAND’
S. F. NADEL’S LAND TENURE ON THE ERITREAN
PLATEAU REVISITED” Kjetil Tronvoll, “Securing land rights for women” Elizabeth Daley & Birgit Englert, “Could Mapping Initiatives Catalyze the
Interpretation of Customary Land Rights in Ways that
Secure Women’s Land Rights?” Gaynor Paradza, Lebogang Mokwena and Walter Musakwa, “THE MINEFIELD OF LAND REFORM:
COMMENTS ON THE ERITREAN LAND
PROCLAMATION” SANDRA FULLERTON JOIREMAN, “The Land Issue in Eritrea’s
Reconstruction & Development” June Rock, “Can the Law Secure Women’s Rights to Land in
Africa? Revisiting Tensions Between Culture and
Land Commercialization” Lyn Ossome, “Customary Law, Household Distribution of Wealth and Women’s
Rights to Land and Property” Renee Giovarelli, Makumi Mwagiru, “Women’s Land and Property Rights in Three Eastern Africa Countries”, “RECONCILING INDIGENOUS AND WOMEN’S
RIGHTS TO LAND IN SUB-SAHARAN AFRICA” AparnaPolavarap, “Women’s Rights to Land and Property” By Marjolein Benschop, “The Gender Asset Gap and Its Implications
for Agricultural and Rural Development” Ruth   Meinzen-Dick, Nancy Johnson, Agnes R. Quisumbing,
Jemimah Njuki, Julia A. Behrman, Deborah Rubin,
Amber Peterman, and Elizabeth Waithanji, “LAND RIGHTS AS HUMAN RIGHTS:
THE CASE FORA SPECIFIC RIGHT TO LAND” Jeremie Gilbert