Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-11 | Issue-05 | 227-250
Original Research Article
Gender Assessment, Reparative Justice, and Women’s Land Rights in Africa: Comparative Evidence from South Sudan and Nigeria
Eluzai E.I, Ekevere O.F, Bazugba, A.M
Published : May 12, 2026
Abstract
This paper examines how gender assessment can function as a reparative justice instrument for addressing historical injustices in land governance, using South Sudan and Nigeria as comparative case studies. It argues that women’s exclusion from land ownership, control, and inheritance is not merely a technical policy failure but a historically produced form of structural inequality rooted in colonial legacies, patriarchal customary systems, and weak enforcement of gender-responsive laws. Drawing on feminist theory, intersectionality, and legal pluralism, the study analyses how formal legal equality often coexists with persistent discriminatory practices that undermine women’s land rights in both contexts. In South Sudan, post-conflict instability, displacement, and fragile institutions deepen women’s tenure insecurity, especially for widows, returnees, and female-headed households. In Nigeria, legal pluralism, customary patriarchy, and unequal access to land administration continue to constrain women’s property rights despite statutory reforms. The paper contends that gender assessment should move beyond diagnostic compliance toward a reparative framework centered on recognition, redistribution, restitution, representation, and transformation. It concludes that meaningful land justice in Africa requires not only legal reform, but also institutional accountability, community-level norm change, and gender-responsive governance.