gender in the light of customary norms and statutes : the ghana experience in mainstreaming gender...
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Gender in the Light of Customary Norms and Statutes
The Ghana Experience in Mainstreaming Gender into REDD+
Saadia Bobtoya Owusu-Amofah (Mrs.)(IUCN Ghana REDD Project Officer)
3&4 December, 2015IIED workshop on engaging men and women in REDD+, COP21, Paris 1
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OUTLINE Background Customary/Traditional Law (CL) and Statutory Law (SL) Gender in the light of CL vs SL Efforts to Address Contradictions and Potential
Impacts Gender and REDD+ in Ghana
The Goal of Gender Mainstreaming Lessons from Ghana Experience in Mainstreaming REDD+
into Ghana REDD Process (Approach, Process, Strategies, Challenges)
Conclusion
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Background The 1992 Constitution of Ghana (Article 17) provides for the fundamental
human rights and freedoms of all citizens.
Outlines rights to equality and freedom from discrimination on grounds of gender, ethnic origin, social or economic status.
Land resources in Ghana are governed to a large extent by statutory and customary laws.
The Constitution recognises customary law, thus issues of rights can be contested by both statutory and customary laws.
Customary and statutory laws operate within the same social context, particularly marriage, divorce, inheritance, land tenure, etc.
These dynamics have significant implications on access, use and control of resources by women and men and hence implications for natural resource based interventions such as REDD+ i.e. Inclusive Participation, Rights, Equity, Benefit Sharing, etc
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Customary/ Traditional Law (CL) About 80% of lands in the country are under the ownership and control
of customary authorities in the form of stools/skins, families, clans, and land priests or heads of communities (remaining 20%, vested in the state)
Customary tenure systems vary significantly between the North and South of Ghana and between ethnic groups
Largely unwritten /undocumented, based on local practices and norms that are location-specific
Usually managed by a traditional ruler/chief, land priest, council of elders, family or clan heads.
Matrilineal and Patrilineal Systems of Inheritance
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Statutory Law (SL) Statutory land system is codified, written statutes and
regulations
Management is by government administrators and bodies having delegated authority.
The principles under girding this system are derived from citizenship, nation building, and constitutional rights.
Land rights are allocated and confirmed through the issue of titles or other forms of registration of ownership
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Gender in the Light of Customary Vs Statutory Law Certain aspects of CL contradict principles of gender equality and non-
discrimination
Women occupy a disadvantaged position because of patriarchal structures / systems.
Generally, women have equal user rights for forest resources as men, but not the same for control and decision making
However, challenges exist for women in different regions due to traditional customs:– limited control of land tenure/inheritance systems (mainly in the north-
however exceptions exist e.g. cocoa areas in Western Region)– limited access and control over forest resources;– limited participation in decision making due to high level of illiteracy, limited
time and economic dependency on the male counterpart
More women are poorer than men, which is a reflection of access patterns to resources and privileges enjoyed by the different sexes.
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Efforts to Help Address These Contradictions/ Their Impacts
Changing customs that discriminate against women remains a challenge because they are enshrined in the behaviours/ beliefs and values of people and may have existed over several decades/generations.
However, where FEASIBLE, efforts made to gradually effect change through sensitisation, advocacy , enactment and implementation of polices and laws
- Gender Advocacy groups and organisations
- Affirmative Action Bill- Property Rights of Spouses Bill - Review of Interstate Succession Law
(PNDC Law 111, 1985)
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Efforts Contd. Being creative and working within
customs/ traditions
- Meeting women separately from men during engagements
- Meeting times and approaches chosen with women’s gender/ household roles in mind
- Interventions considering varied interests between men and women
- Would supporting women with additional livelihoods opportunities rather than cash reduce potential for conflict in their homes??
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Efforts Contd. Informal justice systems which
constitute the most accessible forms of dispute resolution being strengthened with knowledge and improved capacity .- Queen mothers/ women
traditional leaders as agents of change and role models in their communities
- Education and sensitisation of traditional leaders (chiefs and queen mothers)on gender issues
- Communities especially women sensitised on available platforms for conflict resolution
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Gender and REDD+ in
Ghana
https://cmsdata.iucn.org/downloads/ghana_gender_and_redd_road_map_press_copy_final.pdf
Goal of Gender Mainstreaming into REDD+ in Ghana
Give both men and women equal opportunity to access, to participate in, contribute to, and henceforth benefit from various forestry policies, programs and funds.
Thus, contribute to environmental and social sustainability
Also ensure that Ghana’s National REDD strategy development and implementation is gender sensitive and meets international social/safeguards standards.
Necessary data generated to highlight good practices, while guidelines are produced for projects
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Approach and Process
Strategies Include Establish and train a gender MS advocacy to spearhead the gender mainstreaming
process and provide technical support in the review of REDD+ documents and processes to ensure gender sensitivity, as well as capacity building at the grassroots level.
Mainstreaming of Gender Considerations into Natural Resources and Environment Policies to address inequalities
Strengthening the capacity of women and women groups through education, additional livelihood support, value addition, improved access to markets, etc
Ensuring balanced participation of women and men in REDD+ pilot activities
Development of Gender sensitive benefit sharing schemes
Avoiding negative impacts of REDD+ and enhancing positives
Institutional Capacity strengthening in gender issues
Mentoring of young girls to develop and maintain interest in the forestry sector 13
Progress/ Achievements The Roadmap is serving as a guide for other REDD+ processes .e.g. Draft
REDD+ strategy and SESA process have built in gender considerations based on the Road map and action plan.
National REDD+ Gender Sub-Working Group (GSWG) established, trained and functioning as key component of Ghana’s National REDD+ Architecture
Designation of a GENDER DESK at the National REDD+ Secretariat –support effective lobbying for needed attention to gender issues. (-BS, FGRM, Strategy, SESA)
The MLNR has also engaged the services of a gender Desk Officer who will lead on gender mainstreaming into the FIP activities.
Inclusion of Gender considerations into the National Climate Change Policy as a standalone focal area. 14
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Challenges Lack of funds to comprehensively implement Roadmap strategies and Action
Plans
Weak institutional structures for ensuring gender equality and equity within policy, or weak capacity to enforce mandates on gender
Lack of understanding of the value of gender equality and women’s empowerment for ensuring or enhancing the achievements of REDD+ initiatives
Misconceptions about gender advocacy (e.g., that it may undermine men’s positions or power, etc)
Inadequate knowledge and capacity, preventing women from participating meaningfully in decision making at all levels and ensuring that their interests are taken into account
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Conclusion The dynamics of CL and SL within the context of marriage, divorce, inheritance,
custody and land tenure have significant implications on access, use and control of resources by women and men and hence implications for natural resource based interventions such as REDD+ i.e. Inclusive Participation, Rights, Equity, Benefit Sharing, etc
Land is a key resource for the livelihoods of the majority of our population. Thus, those who control land and its resources also gain social and political power and authority. As such, women’s unequal land rights affect their access to other resources and their economic, social and political status.
Gender Actions could therefore be at 2 fronts- identifying aspects of customary law that could be influenced to enhance gender equality, whilst also making use of opportunities that exist to work around or within some exiting cultural norms.
Knowing the right approach to use for each situation/ context is therefore critical in avoiding conflict or resistance and achievement of results/ change (even if slow)
