Land rights and gender equality in the Pacific region

Disadvantages suffered by women in respect of real property rights are not limited to Pacific Island countries. Gender inequality in the property field is widespread and only fairly recently addressed in even the more developed Pacific region countries such as Australia and New Zealand. It is also self-evident that changing the law by itself does not eradicate gender inequality, particularly where such inequalities are caused by a variety of deeply entrenched structures and mores. This especially is the case in Pacific Island countries where most land is held under customary forms of land tenure, where society remains strongly patriarchal and where land law reform is a hugely difficult issue. In these countries, despite the fact that a number of Pacific Island countries are signatories to Convention on the Elimination of all Forms of Discrimination Against Women (hereafter, CEDAW) and include provisions against discrimination in their written Constitutions, women remain disadvantaged in terms of land rights. This article outlines some of the reasons for this and suggests some ways in which this might be addressed.