Women’s Property Rights

Zambia’s constitution recognises two systems of land tenure. The first is the customary system, which governs land under the control of traditional leaders. The second is the statutory system, which governs land that is titled. The coexistence of these two systems creates gaps that limit women’s rights to property ownership, which in turn affects households, private sector development, poverty reduction efforts, and economic resilience. 

Gender-inclusive rights support broader economic growth by leveraging the full potential of a country’s population. Studies indicate that an increase in women’s rights to property and land ownership is directly proportional to an increase in agricultural productivity.  They have better access to credit, provide more educational opportunities to their children and are better able to achieve food security, thereby breaking the cycle of poverty while creating household stability. Zambia’s constitution prohibits discrimination based on gender. Several legal frameworks exist to protect women’s property rights, such as the Lands Act of 1995, the Gender Equity and Equality Act of 2015 and the National Gender Policy of 2023, all of which aim to eliminate any form of discrimination against women and enable them to participate in all aspects of life. 

Nevertheless, Zambian women are facing culturally entrenched practices that limit the full exercise of these rights. These include patrilineal inheritance, a system in which property or land ownership is passed down only through the male line. Other cultural limitations include marriage-related practices in which women can only access land through their husbands, as well as the practice of paying a “bride price”, which is often associated with the notion that women are being bought. 

These cultural norms are standing in the way of gender equality, especially concerning women’s opportunities to generate wealth and secure assets. Despite Zambia having statutory laws that affirm and support women’s rights, customary laws are typically held in high regard because of the powerful influence of traditional authorities and cultural beliefs. Zambian law has undertaken efforts to address this disparity. However, progress is lagging due to structural limitations. For example, Article 23 of the constitution, which prohibits discrimination, does not include personal laws that are specifically related to inheritance and does not fully apply to customary law. 

In addition, the National Lands Policy, which was launched in 2021, aims to increase land tenure security for all Zambians, especially women, youth and people with disabilities. However, barriers such as a lack of information, high costs, cumbersome administrative procedures and the aforementioned cultural norms still need to be addressed. With regard to information in particular, studies indicate that despite a favourable legal environment, low numbers of women have actually managed to acquire land, which is due in part to a lack of awareness of their rights, particularly in rural and peri-urban areas. Women need to be educated on their rights under both customary and statutory laws. 

When these two systems conflict, statutory law is supposed to take precedence. But enforcement of existing policies, laws and regulations that support women’s property rights is frequently weak because access to formal legal resources is lacking in rural areas too. As a result, gender inequalities arising from traditional practices often continue unchecked.  Men and traditional leaders have the potential to be the greatest allies, supporters and champions of gender equality. While customary practices should be aligned with statutory protections, traditional leaders can also review and revise customs and traditional laws that discriminate against women and establish laws that promote equity.  

- Development And Cooperation