THE REPUBLIC OF THE GAMBIA’S COMBINED REPORT ON THE AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS & INITIAL REPORT ON THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA  Section 41 states that a woman has the right to acquire her own property and administer and manage it freely.  Section 43 guarantees women’s equitable rights as men in case of separation, divorce or annulment of marriage.  Section 33(4) goes on further to ensure equitable sharing of the joint property derived from the marriage.  Section 44 protects widow’s rights and provides that a widow has the right to an equitable share in the inheritance of the property of her husband.  Government is obligated under Section 52(2) to take all appropriate measures to promote women’s access to, and control over, productive resources such as land, and guarantee their right to property. Although this part successfully incorporates the relevant provisions of CEDAW and the Protocol, Sections 43 and 44 dealing with widow’s rights and right to inheritance are subject to personal law. These two provisions have the effect of maintaining the status quo and reflecting the position of the law prior to the enactment of the Women’s Act. An innovation is found in Section 43 which is not subject to personal law. In The Gambia, there are two main types of land tenure systems; namely the formal and informal. The formal land tenure system comprises of leaseholds and freehold tenures. The State Land’s Act 1991, provides for granting of leases over state lands. Under this legislation women are equally as eligible for such a grant. However, the Act does not address the special needs of women. The acquisition of customary land under the informal system remains a complex issue for women. A study commissioned by AAITG, found that 73% of Gambian women did not own land. 21 It was also found that in all the communities studied, land is communally owned but controlled by men. Traditionally, women have full access to the lowlands where rice is grown while men dominate the upland. This situation is found in most parts of the country particularly in areas where rice cultivation is heavily practiced such as LRR, NBR, CRR-North and South, and URR north. In addition, women’s access to land is limited because they can only access it, so long as they live in their family home or are married to their husband. 21 AAITG ‘Women’s Access and Ownership’ 2012. 162