Equal access to land ownership between men and women in Tanzania: Does the legal system matter?

Abstract

This paper examines how people perceive the legal system on equal access to land ownership in Tanzania. Cross-sectional data from an Afro barometer survey, round seven (7) with 2,400 observations were analysed to find the effect of how people perceive the legal system on equal access to land ownership in Tanzania by using a Probit regression analysis. The outcome of the study shows that, when courts make a binding decision, people are more likely to agree that women have equal land rights (p=0.037), obeying the law positively influences women to have equal rights to land (p =0.003). In terms of the effects of empowering women on equal right to land, it was found that when men and women have equal chances of earning income, this positively influences the likelihood of women to have equal right to land. The study further found that there is a gender disparity in matters related to land ownership as men do not believe that women have equal land rights. The findings imply that the efforts which are geared towards strengthening the rule of law and legal compliances could help to promote gender equality by emphasizing respect for women’s land rights. Measures taken to increase awareness, change of attitude and understanding of the rule of law when effectively implemented would lead to advancing gender equality and women’s land rights. Efforts which promote and protect women’s land rights will result in advancing gender equality and women's economic empowerment. An effective legal system is crucial in promoting and protecting women’s land rights. Gender equality in society’s economic opportunities can have a positive effect on women’s land ownership rights and lastly addressing gender disparities in land ownership promotes women’s land rights. Among other recommendations, the study recommends that the Government, Civil Societies and Non-Governmental Organizations should cooperate in enhancing more legal reforms in Tanzania in strengthening laws and policies which protect women’s right to own and inherit land. The Government should take the lead in enforcing and publicizing the laws which help to raise awareness of women’s right to land ownership in the communities. Men and boys should also be educated on the benefits of gender equality and the negative impacts of gender discrimination.