EVALUATION OF CUSTOMARY PRACTICES AND INSTITUTIONS IN RELATION TO WOMEN‟S RIGHTS TO RURAL LAND INHERITANCE IN SNNPRS: EXPERIENCES FROM GAMO GOFA ZONE

Abstract

This thesis critically evaluates customary practices and institutions in relation to women’s right to rural land inheritance in Gamo Gofa Zone (GGZ), southern Ethiopia. It also analyzes the legal frameworks stipulating women’s rights to rural land inheritance in Ethiopia in general and in SNNPRS in particular. Women’s right to land inheritance is well recognized under international human rights instruments. In Ethiopia, women’s right to land inheritance is constitutionally recognized as well as in other land specific legislations. Assets like land gained through inheritance is essential to women’s every day survival, economic security and so forth. Despite the legal recognition, women’s right to rural land inheritance is not effectively implemented in GGZ primarily because of gender discriminatory customary rules and practices. Moreover, the elders acting as judges in customary institutions by applying already discriminatory customary rules deny women to inherit land. Thus, this study examines the customary challenges of women’s right to land inheritance and the justifications behind the customary prohibition of women land inheritance in the study area. Its main objective was to evaluate customary practices and institutions, examine, and analyze legal instruments and identify gaps between the laws and the practices on the ground in relation to women’s right to rural land inheritance in the study area. To answer the proposed research questions and attain its intended objectives, the researcher employed a qualitative research methodology. Moreover, to show the practices on the ground, the researcher used qualitative data collection methods such as in depth, key and informant interviews, focus group discussions and personal observations. Thus, the finding of the study shows although there is legal recognition due to deeply rooted gender discriminatory customary practices and elders biased decision in some customary institutions in GGZ, majority of women are deprived of right to possess land through inheritance. To tackle these challenges awareness creation campaigns to the whole rural community, community chiefs/clan leaders and women are very important. Moreover, all three organs of the SNNPRS government should ensure the implementation and enforceability of laws that protects women’s right to land inheritance. Furthermore, courts at the district level should take and apply the family member definition provided by the Region’s rural land legislation so that women can access land through inheritance.