Record Topic: Customary Practices

Report on the proceedings of the National Conference on Women’s Land and Property Rights and Livelihood in Namibia, with a Special Focus on HIV/AIDS

Full citation: Namibia Ministry of Gender Equality and Child Welfare & FAO, “Report on the proceedings of the National Conference on Women’s Land and Property Rights and Livelihood in Namibia, with a Special Focus on HIV/AIDS,” (July 2005).

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The Mystery of Capital Formation in Sub-Saharan Africa: Women, Property Rights and Customary Law

Full citation: Joireman, S.F. (2008). “The Mystery of Capital Formation in Sub-Saharan Africa: Women, Property Rights and Customary Law,” World Development, Elsevier, vol. 36(7), pages 1233-1246, July. – Economists such as Hernando De Soto have argued that clearly defined property rights are essential to capital formation and ultimately to economic growth and poverty alleviation. This article traces two impediments to the clear definition of property rights in the African context: customary law and the status of women. Both of these issues interfere with the attempt of African countries to rearticulate property law with the goal of capital formation. Constructive attempts […]

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On the Edge of the Law: Women’s Property Rights and Dispute Resolution in Kisii, Kenya

Full citation: Henrysson, E. and Joireman, S. (2009). “On the Edge of the Law: Women’s Property Rights and Dispute Resolution in Kisii, Kenya.” Law Society Review 43(1), 39-60. – This study used interviews and focus groups to explore property disputes and perceptions of formal and customary systems of dispute resolution. The initial interviews were structured and conducted with various groups and individuals. In Kenya, government efforts at establishing clearly defined property rights and adjudication mechanisms have run up against alternative processes for the adjudication of disputes. This research demonstrates that customary processes may also carry a monetary cost that puts […]

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