Introduction

The right to acquire or own immovable property anywhere in Cameroon is a fundamental right guaranteed by the Cameroon Constitution. A person is entitled to quietly enjoy possession of his land without any interference as the slightest entry on another person’s land without his/her consent constitutes trespass to land. However, women in Cameroon, especially those in rural areas, face difficulties in protecting and enforcing their property rights. It is unwise to forget that women makeup 50% of the total population and over 55% of national agriculture production but only own 1% of land. In urban centers, this number ranges from 3-15% according to some estimates. Protecting and enforcing women’s rights isn’t just legally and ethically just, it is economically sound and will accelerate economic development. In this article, we look at the evolution of women’s property rights, and the economic implications for women and show enforcing women’s property rights will lead to broad-based economic development. Despite a family code, there are no formal laws of succession and current laws regarding land and property rights draw from colonial-era French and English law, severely impacting women’s rights.

1. Laws Governing Women’s Property Rights

If you live in one of the major urban centers like Yaoundé, Douala, and Baffousam, chances are you are immune or aloof to the challenges women in rural areas face regarding ownership of property. Cameroon’s formal laws include a mix of progressive and traditional provisions. For example, the 1996 Constitution states that all persons have the right to own property and mandates equality of the sexes and principles of nondiscrimination. Nevertheless, laws of marital property and succession allow for patrilineal control of property.

• The 1996 Constitution and 1974 Land Law apply nationally. The legal systems also recognize customary law and encompass multiple and evolving traditional rules and norms given the country’s ethnic diversity. In Muslim regions, which are primarily in the north, principles of Islamic law have been incorporated into customary law, although separate Shari’a law is also recognized.
• Cameroon’s primary land law, Ordinance No. 74-1 of 6 July 1974, established land tenure rules following the 1972 unification of the country. A companion law, Ordinance No. 74-2 of 6 July 1974, addressed the governance of state land. These laws created a tenure system based on land registration: all privately owned land must be registered and titled to retain its character as private land.
• Article 16 of Ordinance No. 74-1 established prefect-level Land Consultation Boards, and Decree No. 78/263 1978 established prefect-level Commissions for Resolving Agro-Pastoral Conflicts. Decree No. 2005/481 governs land titling and registration (GOC Land Law 74-1 1974; GOC Land Law 74-2 1974; GOC Decree 481 2005; Egbe 1997; GEF 2006).

Family law governing marriage and marital property provides that ownership of marital property depends on the marriage contract, which can allow for separate or joint ownership, but with the husband holding the rights to manage the property, including rights to transfer it without consent of the wife. This adversely impacts women, who are unable to engage in stable economic activities. Meanwhile, polygamy further entrenches Women’s property
Rights and unequivocally allow their rights to be usurped. One study on the northern Cameroon border found some women responding to the limitations on land by accessing land through church membership, NGO- supported cooperatives, and the development of relationships with neighbors and relatives in neighboring villages. In all of these examples, women are developing ways to continue to access land and in some cases, improve their
tenure security (Drouin 2006).

“It seems clear that individualism does not count in a world governed by customs, nor does total
freedom exist in the sense in which we understand this word. In our, some women appear to be
subjected to men and the obligations the latter impose on them”.

2. NGOs to the Rescue, But we Must Enforce Laws and Change Norms

In some areas, there is evidence of increased empowerment of women and greater enjoyment of land rights. NGOs are supporting the rights of women-headed households to plots in government land projects and are assisting in formalizing women’s rights in informal areas. Meanwhile, in some rural areas women (and some men) have found their land rights threatened by the commoditization of land. In areas where land has become valuable, chiefs
may require payment for land allocations. However, local authorities and land commissions must do more to protect women’s property rights. From declaring to owning, the process can be streamlined and designed in a manner that prioritizes the formalization of ownership in rural areas.

3. Weak property Rights mean Slower Economic growth

If women cannot own property, they cannot invest and scale their businesses or activities effectively. This partly explains why rural development strategies have failed to deliver over the last three decades. If women make up 50% of rural dwellers and produce close to 80% of the food, why are they now allowed to own land in the same way that men are? When women invest less, communities develop, but at a much slower pace. Unleashing women’s property rights will accelerate self-employment, reduce unemployment, and directly address structural poverty in rural Cameroon. Higher rates of unemployment, low value-added, and low agricultural productivity can be linked, at least, in part to female land ownership. If more women can own land, more women will invest for the long run stimulating employment and accelerating economic development.

Recommendations

1. At CEPI, we recommend that the constitution take supremacy over customary law to ensure that women are afforded the same protections as men under the law. Laws regarding succession should be clarified and implemented by local land commissions and traditional rulers.

2. An effort should be made to ensure that traditional leaders understand the benefits of protecting women’s property rights. After all, if the economic imperatives are not convincing, the social and ethical justifications for female land ownership should be enough to bring about collaboration.

3. Simplifying procedures for declaring land and setting up rural commissions that are specifically tasked with supporting and enforcing women’s property rights is something we must consider. Yes, a limited government is preferable, but allocating a small portion of an already bloated budget to protecting and enforcing women’s property rights holds long-term benefits for women and their communities.

AUTHOR

Sonia Kouam Epse Yoyo

Research Fellow

Civil Administrator

Ministry of the Supreme State Audit (MINCSP)