Abstract

Through this legal paper, we seek to discuss the new status of women belonging to tribal communities in light of the recent developments concerning them introduced by Law No. 62-17 on Administrative Guardianship over Tribal Communities and the Management of Their Property, together with its implementing decree, while maintaining the role of customary practices in the management of this collective land tenure system. Tribal customs and traditions have played a significant role in depriving women belonging to tribal communities of benefiting from collective lands, which prompted the legislator to intervene in order to remedy the discrimination and injustice suffered by this group. However, the legislative intervention has maintained the role of customary practices in the management of this collective land tenure system, on the one hand. On the other hand, the developments introduced by Law No. 62-17 have made women's access to benefits subject to a number of restrictive conditions, namely the requirement of permanent residence within the tribal community and reaching the age of eighteen full years in order to benefit from usufruct rights, as well as the requirement to undertake an agricultural investment project in order to benefit from the transfer of ownership. In addition, customary practices have been placed within a legal framework and regulated by law.

Keywords

Soulaliyate Women; Collective Lands; Customary Practices; Law No. 62-17; Right of Usufruct; Land Ownership Transfer; Equality.