Abstract

Guided by Property Rights Theory, this study assessed the influence of Legal Aid Services in promoting women’s awareness of land ownership rights in Mufindi District, Tanzania. A cross-sectional research design was employed, involving a sample of 120 respondents selected through both probability and non-probability sampling techniques. Data were collected using questionnaires, interviews, and focus group discussions. The credibility and dependability of qualitative data were ensured through detailed documentation of the research process. Quantitative data were analyzed using descriptive statistics with SPSS version 26.0, and the findings were presented in tables and charts, while qualitative data were analyzed thematically in line with the research questions and presented narratively. The findings reveal that the majority of community members perceive Legal Aid Services positively, noting that these services have contributed, to some extent, to increasing women’s awareness of their equal rights to land ownership alongside men. The study further found that Legal Aid Organizations (LAOs) have enhanced women’s confidence and motivation to assert and defend their land ownership rights. Women respondents particularly appreciated the role played by LAOs in empowering them with legal knowledge and support during land-related disputes. The study concludes that Legal Aid Services have made a significant contribution to promoting women’s awareness and empowerment regarding land ownership rights in the study area. Based on the findings, the study recommends that the government subsidize the operations of LAOs. Such support would enable LAOs to adopt more effective and contextually appropriate strategies for raising awareness, especially in rural areas where most women reside and where current approaches have shown limited effectiveness.

Keywords

Legal Aid Services, Land Rights, Deprived Rural Women.

Introduction

Women across the world continue to experience persistent socioeconomic disadvantages compared to men, particularly in relation to access to and control over productive resources such as land. Empirical evidence shows that women are disproportionately affected by poverty and resource deprivation, largely due to structural inequalities embedded in legal, cultural, and institutional frameworks (Nuri & Melese, 2020; Sharaunga et al., 2019). Globally, women account for nearly 70 percent of the 1.3 billion people living on less than one US dollar per day, with approximately 60 percent living in conditions of extreme poverty (Mori, 2014; Kevela & Magali, 2022). In recognition of this disparity, scholars and development practitioners emphasize that meaningful poverty reduction cannot be achieved without deliberate investments in women’s economic empowerment (Hillesland et al., 2022; Salia et al., 2017). One of the most effective pathways to women’s economic empowerment is the promotion of secure access to and ownership of land. Land remains a critical productive asset, especially in developing countries where agriculture forms the backbone of rural livelihoods. Secure land tenure enhances women’s ability to engage in income-generating activities, improves household food security, and enables women to access credit and financial services by using land as collateral (SIDA, 2015; Meinzen-Dick et al., 2019; USAID, 2023). Moreover, women’s land ownership has been associated with increased bargaining power within households, improved decision-making over resource use, and positive intergenerational outcomes, including better investments in children’s education and health (Harley et al., 2019).

Despite the acknowledged importance of land ownership, women remain significantly underrepresented among landowners globally. Recent estimates indicate that women constitute less than one-fifth of landowners worldwide (USAID, 2022). Even in contexts where women have access to land, such access is often insecure and characterized by smaller plot sizes, lower soil fertility, and limited control over land-use decisions (USAID, 2016). This disparity persists despite the fact that women contribute approximately 43 percent of the agricultural labor force and are responsible for between 60 and 80 percent of food production in developing countries (SIDA, 2015). The contradiction between women’s contribution to agricultural production and their limited land ownership underscores deep-rooted gender inequalities within land tenure systems. Several factors contribute to women’s limited ownership and control of land. These include low levels of education, limited awareness of statutory land rights, weak enforcement of gender-equitable laws, and the continued dominance of customary legal systems that often discriminate against women (Knox et al., 2016). Although many countries have enacted constitutions and land laws that guarantee gender equality, these formal provisions are frequently undermined by customary norms governing marriage, divorce, and inheritance, which tend to privilege men over women (SIDA, 2015; World Bank, 2022). As a result, women’s land rights remain largely theoretical rather than practical.

In the African context, patriarchal traditions and customary practices play a particularly influential role in shaping land ownership patterns. In many societies, women are considered temporary members of their natal or marital families, thereby limiting their entitlement to land (TUMA, 2018). Cultural norms often dictate that land is inherited through male lineage, while women’s access to land is mediated through male relatives such as fathers, husbands, or brothers (Olukayode, 2017). Consequently, even where legal frameworks exist to protect women’s land rights, cultural resistance and social stigma continue to impede their effective realization. Recognizing these challenges, the international community has made significant efforts to promote women’s land rights through various conventions, declarations, and development agendas. Key among these is the Universal Declaration of Human Rights (1948), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Rome Declaration on World Food Security (1996), and the African Union’s Maputo Protocol (2003). At the global level, Sustainable Development Goal 5 emphasizes gender equality and explicitly recognizes women’s land rights as a prerequisite for sustainable development (Harley et al., 2019). These frameworks call upon governments, civil society organizations, and development partners to strengthen legal protections and promote women’s awareness and enforcement of land rights (Ndugwa et al., 2018).

One of the practical mechanisms adopted to operationalize these commitments is the use of Legal Aid Services (LASs). Legal Aid Services aim to expand access to justice by providing free legal education, advice, representation, and alternative dispute resolution to marginalized populations, particularly women facing discrimination in land and property matters (Valerie, 2021). Community paralegals and grassroots legal advocates play a critical role in translating complex legal provisions into accessible knowledge, mediating disputes, and empowering women to claim their rights. Evidence from countries such as Nepal, Burundi, India, Ghana, and Colombia demonstrate that Legal Aid Organizations (LAOs) have significantly contributed to improving women’s land tenure security through joint land titling, legal clinics, and rights-based advocacy (Daley et al., 2013; USAID, 2023).

In Tanzania, the government has demonstrated commitment to promoting women’s land rights through the establishment of progressive legal and policy frameworks. These include the National Land Policy of 1995, the Land Acts No. 4 and No. 5 of 1999, the Land Disputes Courts Act of 2002, and the Constitution of the United Republic of Tanzania of 1977, all of which recognize gender equality in land access and ownership (URT, 1995; URT, 1999; TAWLA, 2018). Furthermore, the Women and Gender Development Policy encourage collaboration between the government and non-state actors, including Legal Aid Organizations, to promote awareness of women’s legal rights (GoT, 2000). Despite these legal advancements, the realization of women’s land rights in Tanzania remains limited. Studies indicate that only about 15 percent of women own land, with ownership patterns heavily influenced by customary norms, patriarchal attitudes, and limited legal awareness, particularly in rural areas (Grace et al., 2021; TAWLA, 2018). Discrimination persists due to the continued application of customary laws, inadequate capacity among local authorities, and insufficient dissemination of legal information (USAID, 2016). If these disparities remain unaddressed, there is a risk of widening the gendered poverty gap, especially among rural women who depend heavily on land for their livelihoods (Marwa, 2015).

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