Locked out of rights: Gender disparity in Tanzania’s land laws leaves women vulnerable

Lack of secure land rights for women is hurting agricultural productivity and the economy; for widows, the absence of spousal co-ownership of property means losing everything
Hadija Salum cooking at Temeke Stereo Market to support her family.  Salum has been struggling to acquire a land title since her husband died in 2016.
Hadija Salum cooking at Temeke Stereo Market to support her family. Salum has been struggling to acquire a land title since her husband died in 2016.Kizito Makoye
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When Fatuma Mussa’s husband passed away three years ago, her grief was quickly followed by another devastating blow. The four-acre farm in Tanzania’s southern highlands, which had sustained her family for years, became the centre of a fierce battle. Despite working the land alongside her husband for years, Mussa discovered too late that it had been registered solely in his name.

“I couldn’t believe it,” she said. “I never saw the papers and never thought to ask whose name was on them.”

Immediately after her husband’s funeral, his relatives descended, claiming ownership of both the farm and the family’s home. They seized the land titles and forced Mussa off the property, leaving her without legal proof of her claim. Now, with four children to care for and no recourse, she had lost everything.

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Hadija Salum cooking at Temeke Stereo Market to support her family.  Salum has been struggling to acquire a land title since her husband died in 2016.

Mussa’s story is all too common in Tanzania, where customary laws favour men in land ownership, and statutory laws often fail to protect widows. Like many women, Mussa had no official documentation linking her to the property, despite years of work. To add to her distress, her in-laws accused her of being responsible for her husband’s death.

“I have been robbed of everything, not even a place to sleep,” she told this reporter. “I don’t know how to deal with this.”

Across Tanzania — and much of Africa — the lack of spousal co-ownership documentation is a significant problem. Women, particularly widows, often struggle to secure their land rights. A recent World Bank report, Land Policies for Resilient and Equitable Growth in Africa, highlighted the vast gender disparities in land rights. Less than 5 per cent of agricultural land and just 25 per cent of urban land across Africa are formally documented, with men holding a staggering 70 per cent of all titles.

This imbalance has quashed women’s productivity, stifled their entrepreneurial ventures and hurt decision-making within their families. “Without land, we have no voice,” Mussa said. The systemic failure to protect women like her perpetuates economic disenfranchisement and hinders their ability to provide for their families.

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Hadija Salum cooking at Temeke Stereo Market to support her family.  Salum has been struggling to acquire a land title since her husband died in 2016.

As Africa’s urban population is projected to triple by 2050, land reforms that include women in ownership structures are urgently needed. According to the World Bank, leveraging digital technologies, such as digital IDs and e-signatures, could resolve many of the challenges women face in securing their land rights. These tools could enhance transparency in land transactions and empower women to secure legal ownership, offering them greater economic independence.

A struggle for many

On a hot and humid afternoon at Temeke market in Tanzania’s largest city, Dar es Salaam, Hadija Salum is busy cooking ugali — a maize meal served with beef stew and greens for her customers. “I don’t like to disappoint my customers, that’s why the food has to be ready by noon,” she said.

With a traditional khanga (traditional colourful cloth) tied around her waist, Salum is shrouded in smoke as she briskly stirs the boiling maize flour to make it firmer. A widow, Salum works as a street cook to support her family amid the bustle of the market.

Shielding herself from the scorching sun, Salum recalled her struggles after her husband’s death in 2016. “I wanted to get a loan to start a poultry farm to support my family, but I realised I had no document to support my application,” she explained.

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Hadija Salum cooking at Temeke Stereo Market to support her family.  Salum has been struggling to acquire a land title since her husband died in 2016.

Her family had lived in a squatter area scheduled for formalisation under the Property and Business Formalisation Programme, but the process was delayed and she had yet to receive a land title. “I’ve followed the process, but it seems very complicated,” she complained.

Like many widows, Salum is trapped in a cycle of economic marginalisation, unable to improve her family’s wellbeing. “I feel powerless without a land ownership certificate,” she said.

Cumbersome, expensive process

Tanzania’s legal framework has made efforts to address these issues. The Village Land Act of 1999 aimed to provide Certificates of Customary Rights of Occupancy to rural landowners, including widows, granting them legal ownership of their land. However, implementation has been slow. According to the World Bank, less than 10 per cent of Tanzanian villages have completed the land-use plans required to issue these certificates.

One major barrier is the cost of surveying and legal procedures. Many widows, like Salum, are unable to afford these fees. “I’ve tried to register the land in my name, but the paperwork is too costly,” she said.

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Hadija Salum cooking at Temeke Stereo Market to support her family.  Salum has been struggling to acquire a land title since her husband died in 2016.

Experts believe that digital technologies, such as satellite imagery and e-signatures, could simplify the land registration process and reduce costs. “With digital technologies, we can make land registration faster and cheaper,” said Tumaini Setumbi, a senior land tenure specialist at the Ministry of Lands.

Implications of lack of land rights

The lack of secure land rights for women has far-reaching consequences beyond personal loss. Women’s inability to own land negatively impacts agricultural productivity, which is crucial in Africa, where over 60 per cent of the population depends on agriculture. Studies have shown that when women have secure land rights, they invest more in their land, leading to better food security and improved outcomes for their families.

“If we want to talk about ending poverty in this country, we have to talk about land rights for women,” said Jamila Juma, a gender rights activist with the Zanzibar Female Lawyers Association. “Without land, women are locked out of the economy.”

The World Bank estimates that securing land rights for women could add billions to Tanzania’s economy by improving agricultural yields and enabling women to access credit. As the country’s population expands, the government must develop transparent and equitable land markets that allow all citizens, particularly women, to participate.

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Hadija Salum cooking at Temeke Stereo Market to support her family.  Salum has been struggling to acquire a land title since her husband died in 2016.

Africa womenHowever, experts point out that local authorities in Tanzania are often underfunded and understaffed, making it difficult to handle basic land registration processes. “We have the technology, but we need better policies and more resources,” Setumbi said.

For women like Mussa and Salum, the stakes are high. “I just want my children to live a happy life in their own home,” Mussa said.

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