A conference in Kigali.

To address the issue of women's land and property rights in situations of conflict and reconstruction, an interregional consultation was held in Kigali, Rwanda from 16 to 18 February 1998. It was jointly organized by the United Nations Centre for Human Settlements - UNCHS - (Habitat), the United Nations Development Fund for Women, the United Nations Development Programme and the Office of the United Nations High Commissioner for Refugees.

Its main purpose was to institute a workable plan of action to promote women's access to land and property in situations of conflict and reconstruction, and to strengthen the Women for Peace Network. During the consultation, over 100 women from Africa, Asia, Europe, Latin America and the Caribbean exchanged experiences on problems faced by women in conflict and reconstruction phases, and on successful land reform and legislation initiatives which have empowered women and promoted gender equity in war-torn countries.

Most participants acknowledged that, while most statutory were were non-discriminatory, in practice, women were bound by traditional customary laws which did not recognize women's capacity to own or inherit land or property in their own names, except via a system of vicarious ownership through their husbands or fathers.

Moreover, both statutory and customary laws in most countries do not specifically address the issue of women's land and property rights in situations of conflict and reconstruction. For instance, in many African countries, where communal rights to land often conflict with statutory laws which require title deeds to establish rights over land, women's rights to land or property become even more uncertain after conflict. Displaced populations who have no "traditional rights" to settle on the land and have no title deeds for the land thus find themselves rendered homeless.

"If the situation of women regarding land and property rights, whether under customary or statutory law, is precarious in times of peace, it is even more so in situations of conflict", says Makimu Mwagiru of the Centre for Conflict Research in Nairobi, Kenya. "In situations of conflict, all the traditional and cultural support systems existing before the conflict break down. Moreover, because most of these women have no access to a title deed, which could protect them, they are unable to assert any rights over the land or property."

Women's lack of access to land or property in the reconstruction period not only means that they are further impoverished, but also that the conditions which led to the conflict in the first place are perpetuated and further entrenched. Says High Commissioner for Refugees Sadako Ogata societies not only have a "moral obligation" to respect the right of women to inheritance and ownership of land and property, but they also have a concrete interest in upholding such a right. "Disregarding (women's) ownership rights marginalizes them ... this creates poverty, which causes, in turn, new tensions and conflicts".

According to a UNCHS (Habitat) official, Rainer Nordberg, even though the immediate reason for displacement of populations is often civil war, overpopulation linked to land degradation and scarcity of arable land is often a prime reason for sustained unrest. In many countries affected by civil strife, the whole system of land tenure breaks down. This can trigger new conflicts and dissuade farmers from resuming production and prevent displaced populations from returning home. Establishment of sound land management systems in urban as well as rural areas is therefore of crucial importance for successful repatriation programmes and for maintaining peace and stability.

The post-war reconstruction phase can be an opportune time to reform or improve land tenure systems that lead to war and conflict in the first place, especially those affecting women. Since women are often forced into nontraditional roles during the conflict, these new roles can be consolidated to create a new place for women in society as decision makers, developers and peacemakers.

In Rwanda, for instance, where 60 per cent of the population today comprises women, women are playing a leading role in healing and rebuilding their country. Rose Kabuye, who was Mayor of the capital Kigali between 1994 and 1997, predicts that women will eventually hold the peace in her country. "The burden of losing a family member during war is always greater for women because they are the ones who have to look after the whole family", she says. She herself is a returnee who lived in exile in Uganda for 30 years, and was nominated to Parliament this year by the Government of National Reconciliation. One of her main missions as a parliamentarian, she says, will be to lobby for a succession bill to be passed, which will protect Rwandan women's land and property rights.

Rasna Warah is Acting Editor of Habitat Debate, a quarterly journal published by UNCHS (Habitat), Nairobi.