Women and Land in a patriarchal society
Introduction
Land ownership among women has been proper since time immemorial, especially in a patriarchal society where men are the dominant gender and women have no say in such a community and Kenya is not an exception. Ownership of property for women has been a significant problem affecting women in male dominance society not only about land ownership but feature at large (Kameri Mbote, 2006). This essay will discuss how equality in a patriarchal society can be achieved, especially about land ownership among women in Kenya.
Discussion
Kenyan constitution has well-stipulated rights consisting of so many reasons, and land ownership has been included in those rights where women should own land but mostly as a secondary right from the husband. Despite all these efforts, equality for women in land ownership has not been considered especially in a society where men are the dominant gender. For instance, in Western Kenya, this problem seems to be too dominant that women do not own anything in such a community. Women in this society are only left in the hands of customary laws that only grant them secondary rights to land and property only through male relatives. The Federation of Women Lawyers has proved that most households in Kenya are headed by women but hold only a very small percentage of land titles on their own while the bigger part of the land is held jointly with men (Tsikata, 2003). Despite this country making moves to strengthen women’s land rights by passing various Acts which reinforce equal rights for both spouses, especially where the property is owned in a joint way, and this law granted women the right to act as landowners this idea has not been helpful to that extent since most women are not aware of their rights and also due to cultural traditions like male dominance. Due to these cultural traditions more so in Western Kenya, these rights of women to own land have been obstructed where women are prevented from acquiring part of their land. Despite the presence of this matrimonial property act that gives them the ability to have their property registered, this law still does not help them because they do not know their rights.
Equality in a patriarchal society can still be achieved mainly for women in a male-dominated society. Land ownership issues in a patriarchal society have been facilitated by many reasons, especially cultural traditions which are very dangerous. These cultural traditions view women as weak gender that should not own property not only land. As a result of these traditions, men are given more superiority than female, and this makes a society be a male dominance one. This male dominance is facilitated where women are viewed as home managers, and their work is staying at home. To prevent this male dominance and improve equality among women which is the disadvantaged group in ownership of land, women should be empowered where they should be given their right to work and get employed (Duflo, 2012). When women are used, they will have a voice in society since they will also play a role in contributing to meeting the needs of the family. Through employment, these women will have equal opportunities just like men where they both work together and even outdo men in the same employment opportunities. Through this, women will be empowered, and the society will automatically change from a patriarchal one to a community where both genders have equal opportunities in society. Through employment, women will get exposed and will have the ability to save their own money and can even buy their private land which they are entitled to and no one will have any right to take it away. This idea will have solved both the problem of male dominance in society and also ownership of land by women in such a community. It has been proved that women who are employed and can work to meet the needs of the family are highly respected, and equality is achieved.
Education to women is another factor that will facilitate equality in a patriarchal society. This is where women are given a chance to learning where they can go to school and acquire knowledge. Through Education, women will get to know their rights and know more about the constitution that is mandated to protect their rights and also gives them the right to own property like land (Stromquist, 2002)Through this. They will stand firm to defend their rights since now they will have already known their rights. Any violation is punishable, and so this will have empowered them to have equality in a male-dominated society. Time in memorial, Education was only given to men where women were regarded as man’s property and were only protected from being a source of endowment and wealth. Things have now changed since women getting educated is now bringing a positive impact, especially to women in a society where women have been silenced by men. Various organizations have come up with programs that sponsor girl child education, and through their sponsorship education has become cheaper for women. The government of Kenya has also made Education free for all children, and through this, women can get educated. It has also been proved that in schools, women have joined fields like engineering which have been male dominance zone, and now these women outdo men in the same area (Omwami, 2011). Through Education, the potential of women has been exposed, and now male dominance society is slowly vanishing. In the process of learning, they acquire knowledge and understanding where they can know their rights and various institutions where they can report in case inequality and discrimination is done to them. Through Education, women will be empowered, and this will bring about equality in both genders, and this will facilitate equality in a society where every individual in society has equal rights of ownership for both property and also land.
Creation of awareness campaigns about rights for women, especially seminars, will help them know more about their rights. Through these campaigns, women are given more information about ownership of the land where they are informed that they can even buy their property and register it individually and also that they have a right where they can inherit land from their parents (Daley et al., 2013). They are also informed that they have an equal say in the property which they have bought together with the husband. For instance, in the case of polygamous marriage more so in many parts of Kenya, they are informed that every wife is entitled to an equal share of land. And in case of a divorce, the law considers so many other factors like childcare among others give the woman right to husband’s land. Though these cases have not been well solved in the Matrimonial Property Act, that’s why sometimes you find a woman still fighting to hold onto their property after a divorce or even death of the husband. For instance, this Act does not help individuals especially when the land has been inherited since it doesn’t give the individuals the legal right of acquiring the land and the woman in such a case cannot keep the land in case the husband dies (Job, 2013). Now because of this male dominance kind of society, the brother in law took the land even without her consent, and she couldn’t report anywhere since this Matrimonial Act, does not engage itself with ancestral land which acts as an inheritance from the husband’s father. Through the information given to women through the seminar period, helps them have a broad understanding about land ownership in a society where women have no say, and this helps them contribute to the purchasing of land so that in case of death of the husband or even divorce the woman can still inherit the property since the Matrimonial Act will protect the right of such a woman to own the land since she has made her contribution towards purchasing of the land and even other property. In creating awareness, Federation of Women Lawyers has been using radio talk shows and legal aid open days where they encourage to jointly register property so that the Act can give them the same interest in the property. This organization makes use of these radio talks since women’s land rights are slowly moving into rural areas where patriarchal traditions have highly dominated, unlike the national legislation (Mokoro, 2003). This creation of awareness will make women have an equal right to land ownership since now male dominance will no longer be powerful as before since women are now exposed. They know they right about land ownership and property in general and also that they see the defence mechanism in a society which is male dominance, where they will be wise enough to register the land they have acquired with the husband jointly. This will prevent the brother in laws from inheriting your land since you have a legal claim to the property, and the law can easily protect you.
Democratic governance can facilitate equality in a patriarchal society where women are entitled to the same rights as men, and this will provide a platform where they can challenge any form of discrimination. Through these platforms Federation of Women Lawyers and other non-governmental organizations can challenge these discriminating laws like the ownership of land in a male-dominated society where men are the only people who can own land and women have no say and through this organization, they agitate for equality among women (Chesoni, Muigai and Kanyinga, 2006). Through pressure imposed by these organization equalities in a patriarchal society is achieved, and this makes women have equal right of possessing the land. Through continuous pressure, the male dominance becomes irrelevant since what promoted the dominance is now depreciated since women have a corresponding right to the same land. Currently, equality in land ownership for women in a society which has long been known for its male dominance is now taking a new turn since men are now having shifts of interests where they are no longer interested inland. These shifts have been facilitated by economic prosperity and transformation among men where men are now economically stable, and they are no longer see land as a source of their wealth, and this has an impact where women now can have an opportunity of owning land. The government desire to diversify the economy and increase citizen ownership where the citizens can now manage their retail businesses and are assisted through the Financial assistance policy made more men shift their interest from land ownership to now owning their businesses which became a good investment for them, and this has promoted equality among both genders where women now can own land since now men who have been the dominant gender is no longer interested in land ownership.
In ensuring equality among women in a society where women have been silenced, they should move away from the customary traditions and restrictions that act as a limit and an obstacle towards enjoying their right to ownership of land. In achieving this, a trust organization like CSO Network in Kenya has been implemented, and this helps women, especially in Nyanza region, get the full benefit of the law where these women are encouraged to fight for their rights even if it will cost them breaking even family ties (Ayuko and Chopra, 2008). This organization steers women in this region to change their conscious about belonging to a community just for a reason of following a culture of having a home and their rights not considered to a different perception where their rights are protected and valued. Through this organization women in Western Kenya have been able to acquire justice for ownership of their land and equality has been promoted between both genders and men are no longer the dominating gender since both sexes now have equal rights to ownership of property in general, not just land.
Conclusion
In Kenya, various regions have been patriarchal since time immemorial, and ownership of the property for women in these societies has been a dream for years. This male dominance has been observed to be as a result of women being viewed as the weak gender that has no say in society, and this has led to inequality when it comes to land ownership for women. In solving this problem, women empowerment has proved to be a profitable strategy. Education to girl child has been in the first line where women are now getting educated, and this has helped women know their rights and more so in ownership of property where through the Education they are more exposed, and this gives them equal opportunities as men. Now equality is promoted, and they are in a position to defend their rights. Creating awareness campaigns for women has played a crucial role in promoting equality among women in a patriarchal society where women are equipped with more knowledge where they are advised to jointly register their land with their husband and also contribute immensely towards purchasing of land since this will give them an equal opportunity of keeping the land in case of a divorce or death of the husband. This will act as a scapegoat where the Matrimonial Property Act will now protect their rights. Through this equality for women will be achieved even in a patriarchal society where women have no say, the law will have a say for them. Standing firm against dangerous cultural traditions that discriminate women has also helped women protect their rights and achieve equality by refusing to be distinguished in a patriarchal society and also give them an equal opportunity for land ownership. These factors, among others, I strongly believe will promote equality in a patriarchal society and women will have a voice in the society and own property like land.
References
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