Gender-related Legal Reform and Access to Economic Resources in Eastern Africa, Parts 63-405Given that previous efforts to ensure greater equity in personal laws have not been fully successful in eastern African countries, any new legal initiatives must not repeat the mistakes of the past where law merely remains on the books as a legitimizing tool that reinforces or supports gender discrimination, instead of actively protecting and guarding the interests of both men and women. This report attempts to draw out some possible lessons from past experiences to inform new efforts at legal reform in these countries-Ethiopia, Eritrea, Kenya, Tanzania, Uganda, and Zimbabwe. It examines the laws related to allocation of economic resources within households in the broader historical, social, and cultural context, and examines the effectiveness of these laws in challenging gender relationships. Chapter 2 describes the legal framework governing personal relationships in Ethiopia. Chapter 3 examines land issues, mainly in Kenya and Ethiopia, and the gender-based impact of the new land-tenure systems on African households. Together, these chapters are intended to demonstrate the legal system's failure to improve gender relationships within the household and the failure to ensure greater equity in allocating resources. Chapter 4 builds on the preceding two chapters to crystallize lessons emerging from these experiences. Chapter 5 describes some emerging approaches to legal reform; and Chapter 6 deliberates on the implications of these approaches to legal reform. |
Contents
REFORM OF LAND LAWS AND INDIGENOUS INSTITUTIONS | 10 |
LEGAL TOOLS FOR CHANGE | 23 |
IMPLEMENTINGING THE APPROACH | 36 |
Copyright | |
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1960 Civil Code access to land Addis Ababa Addis Ababa University African women alien allocation Amhara approach to legal arbitrators Aylttey Birr bride price centralized communities concept Constitution context courts cultural customary laws customary practices customary systems decentralized Development dispute resolution divorce eastern African countries ensure equitable Ethiopia evolved external authorities formal system Gender and Law gender justice Gopal and Salim governing personal relationships groups Haile Selassie household husband important indigenous inherit institutions issues Kenya Kombolcha land tenure legal framework legal reform legal system Lessons livestock male marriage Muslims norm-based approach norms Obiora OROMIYA parents participation participatory Participatory rural appraisals peasant associations perceived percent personal laws personal matters Policy polygynous post-colonial principles process-based approach proclamation protect provide women rules Sector Sharia shimagele Sidama social spouses Sub-Saharan Africa Tanzania traditional systems Uganda usufruct vision Woodman and Obilade World Bank World Bank 1997 Zimbabwe