GENDER AND COLLECTIVELY HELD LAND: GOOD PRACTICES AND LESSONS LEARNED

Six Case Studies

Choosing Case Studies

Interventions on collective lands that aimed to increase the land tenure security of the community while also addressing gender differences.

Namibia—compared CLRA intervention to non-intervention in an existing customary system

Other criteria considered included diversity in types of land, geographic location, type of implementer, and type of funder.

Limited in number of projects that fit our criteria and were also willing to participate in close analysis of gender dimensions of intervention.

Methodology

Each case study drafted by different author(s) Desk research covered project documents; legal and

contextual framework analysis Field-based assessment of intervention, conducted

over 10-14 days, usually in coordination with a national expert and the team who implemented the project

Case studies drafted in consultation with local experts, and findings presented to stakeholders in validation workshops

Case studies reviewed by Landesa and RE staff and then peer reviewed by at least one national expert

Six Case StudiesCountry Type of land Project Aim Author(s)

China Grassland Ensuring compensation related to rights to collective held grassland is shared by women

Wang Xiaobei (Landesa)Yang Li (Research Center for Rural Economy)

Ghana Arable land Improve capacity of Customary Land Secretariats and improve role of women in land governance

Amanda Richardson (RE)Reem Gaafar (Formerly Landesa)

India Forest land Increase forest dwellers access to and control of forest resources under the Forest Rights Act

 Amanda Richardson (RE)

Kyrgyzstan Pastoral land

Increase livestock productivity on community held pastures in context of pasture land reforms.

 Elisa Scalise (RE)

Peru Arable land Increase women’s participation in community land governance

 Leslie Hannay (RE)

Namibia Arable Land(&residentialplots)

Implementation of the Communal Land Reform Act and operationalization of customary system governing communal land.

 Hirut Girma (Landesa)

China (Alashan League of Inner Mongolia Autonomous Region)

Context

Ongoing national government program “subsidies and rewards mechanism for grassland ecological preservation” (2010)

Central policy, subsidies provided to herders’ household based on the amount of grassland. HH decides how funds are allocated

Local policy, provide subsidies to herders’ HH based on number of family members

Ghana

Context

AGRA Land Policy Action Node (2012) implement Land Access and Tenure Security Project in Northern Region

Customary Land Secretariats landholding rules; land use planning; overlapping claims dispute resolution; boundaries of the customary land area simple registries identify, adjudicate, demarcate and register holdings in the

customary area improve the security of vulnerable (women)

COLANDEF: Community sensitization; capacity building of CLS; ADR for traditional authorities.

India: Facilitating Individual and Community Rights under the FRA 2006 and Strengthening Campaign on Peoples’ Access and Control over Natural Resources in Five Districts of Jharkhand

Context

Naya Sawera Vikas Kendra (NSVK); Local NGO works with communities—Oxfam funded

Jharkhand, new state (2000); Part of Bihar; Approx. 28% of population is “tribal”; 12% “scheduled caste”

Objectives: Increase forest dwellers’ access to and control over forests under FRA (women, tribal, and scheduled caste);Build community based institutions; mass awareness campaigns re: FRA; Address FRA Implementation Gap

Kyrgyzstan: Livestock and Market Development Program (IFAD)

Context

43% Grassland (State Owned) 2009 Pasture Law devolved responsibility to PUU Customarily men responsible for pastures; women

use Objective: Increase livestock productivity,

improved and equitable returns to livestock farmers Outcome 1: More productive/accessible

pastures Outcome 2: Healthier livestock Outcome 3: Market partnerships in milk value

chain providing incentives for productivity increases

Namibia Enforcement of CLRA 2002 in Oshana RegionOperationalize customary system governing communal lands in Kavango East (Shambyu TA).

Context

Oshana Region: Leads implementation of the Communal Land Rights Act that introduced the registration of customary land rights in communal areas; recognizes and consolidates the legal authority of Traditional Authorities to administer communal land while also reinforcing gender responsive customary laws

Kavango region declined to participate in the registration process. Instead, continues to independently administer customary land rights in accordance with its established customary system.

Peru: “Indigenous Quechua and Aymara Peasant Women’s Access to Land Governance in their Communities” (SER)

Context

SER promotes human rights through democratic participation and rural development

Goals: increase women’s use and control of

community land and resources increase rural women’s involvement in

land tenure governance support rural women’s access to

productive resources

What does it mean in practice…

To promote and secure collective tenure in a gender-sensitive way?

Two Questions that Always Matter for Collective TenureWho is a member of the community? Who decides who is a member? What rights do members have? What rights do non-members have? Can status change between member and outsider?Who has the right to participate in governance or control? Who has right to govern land used communally? Can women meaningfully participate in governance? For communally held land that is used by households? Can a woman’s rights to land change if marital status

does?

Key Gender Issues

social change women’s empowerment legal rights project design governance training and knowledge data collection and use

Social Change/Risks

For women and men to have equitable rights to land, either in the household or community, requires social change

Social change requires focus, time, effort, and community acceptance, and is difficult to achieve without existing relationships within the community

Implementing Organizations NSVK in India: issue-based committees, run by

social workers employed by NSVK; young, literate; bridge between the community and outsiders

Social workers trained in monthly meetings; trained on FRA--how to prepare claims, how to lead an exercise for mapping land holdings.

SER Peru: already involved in community on democratic participation/rural development

Worked with women/men on governance

Build on Positive Customs

Namibia: (Kavango East) Shambyu Traditional Authority-women well represented at all levels

Women’s representation in leadership not sufficient to change deeply held customs related to women’s rights to land Non-native women and men--level of scrutiny is higher Women likely to fall in this category due to patrilocal

residence. Land acquired during marriage--ancestral land, not

often allocated to outsiders

What actions might limit these risks? Seek out and support local partners with

existing relationships (land/gender if possible)

Connect local issues and organizations to efforts at the regional and national level

Understand local customs and social norms--what is the potential benefit or harm of change and to whom—and build on positive customs

Women’s Empowerment/Risks Women’s low status = impact on decision-making Raising status takes time; interventions often short-

term Women may not know how to organize to mobilize

change Women may not know how to lead or participate in

group meetings Women may not understand the value of

contributing to decisions Men may not allow for change if they do not

understand the need Men may be suspicious if they are left out of

process 

Women’s Groups

India/NSVK: Women already organized; savings and income-generating SHG; already frequent meetings

Ghana/COLANDEF: project reached large number of women by working with and training existing groups; Met quota for women’s involvement by targeting women who were part of women’s groups.

China: Women’s group organized for purpose of gaining subsidies for non-use of land; 10 married-out women not allocated grassland under HRS.

Group shared information, provided support; collective action put political pressure on the government to avoid escalation.

Community

India NSVK: Men required training; communication

Peru SER: women needed “permission”

Work with Local leaders

What actions might limit these risks?

Work with existing women’s groups Women’s groups as part of design Help women understand value of mobilization Community leaders give women permission to

pursue action Provide training on group organizing,

leadership, participation, etc.

Risks to formalizing collectively held land Customary law supersedes other laws for

women’s equal rights Membership not defined and excludes married-

in women Local authorities define membership; few

women participate Membership not confer right to manage

land/resources HH rights not protected by family law if land

collectively held.

Legal Pluralism

Namibia: customary law that creates conflict may be repealed or modified by Parliament. CLRA recognizes legal authority of TAs to administer communal land; gender responsive process safeguards: independent customary land rights; widows protected; informal marriages; joint titling.

Ghana: intestate succession law exempts stool land from its purview, and states that customary land held in trust in the traditional leadership of stools (80% of Ghana’s land)

Peru: autonomy of local communities trump constitutional protections for women; peasant and native communities self-govern, including land rights; women excluded from inheritance rights and decision-making

China calls for gender equality but devolves authority over governance decisions to village collectives; village collective decisions not subject to appeal

Membership Rights

Women excluded as outsiders   China: woman’s “membership” is not set – depending on how

each village defines membership Kyrgyz Republic: membership defined by residency and thereby

includes women who live there, no matter their marital status. Peru: Membership rules gender neutral; membership in

community does not grant right to vote and participate in community decisions; must be a qualified community member; one person per household; no explicit requirement that internal governance includes women; male-dominated community assemblies, favor inheritance to sons rather than widows

Ghana: likelihood of widow retaining rights to marital property depends on age, number of children, and relationship with in-laws.

Collective rights and marital and inheritance rights Where land is held, used, and managed collectively,

intra-household laws do not apply; issue is membership Marital property and inheritance laws apply only to land

that is held and used by the household India: FRA provided where forest land was under

cultivation by HH for period of time, marital property laws apply and joint titling required.  

Namibia (Oshana): Need not rely on marital property and inheritance laws to protect interests of women; formalization rules can integrate protection; CLRA defines spouse more broadly than the marital property laws to include customary/unregistered conjugal unions

What actions might limit these risks?

Give TAs rights and responsibility to address women’s exclusion

Know community membership rules; include married-in women

Definition of membership includes all residents Membership gives right to vote and to manage land Land used by HH but collectively held, apply family

laws to HH

Project Design/Risks 

Pre-project assessment of community not consider women as distinct from men

Team does not understand value or importance of women’s land rights; no gender expertise

Project design not take into account women’s marital status

Project staff not identify vulnerable women or how to reach them

Women not have a voice in project design Only women receive training; men hostile to change

because of lack of understanding Project design unchangeable; not incorporate monitoring

Design Lessons

Hire women staff; obstacles: physical capacity, time, capacity, norms, experience, or interest.

Gender sensitivity training: Staff at NSVK not focused on gender or FRA when they began; Oxfam exposure visits/training. Interviewed staff—very knowledgeable

Target specific women—activities they’re engaged in Flexible Design

What actions might limit these risks? Set targets for hiring of female staff; Identify challenges and

barriers to employing women Train project implementers at beginning of project; include

gender sensitivity Hire STTA to work with project gender experts who lack

experience; work with men and women Target women as beneficiaries of project; pre-design assessment

to identify target goals; Build flexibility into design and monitor effectiveness for women Understand legal framework and adopt legal duty to address

inequality of women. Consider legal changes that provide framework for equality in

collective land tenure

Inclusive Governance/Risks

Not treated equally in governance institutions/processes; interests not considered; not participate in decisions that affect land; governing body unaware of value of inclusion

Governance institutions not address women’s ‘double burden’

Community policies, rules, by-laws not challenge gender inequalities

Community/national institutions not accountable on gender equality

Unaware of rules and procedures of governing bodies Unwilling or uninterested in participating in governing

bodies Lack skills, confidence, experience of speaking in forums

What Actions Might Limit Risks? Ensure policies, laws, by-laws informed by gender; gender balance

in decision-making bodies Develop accountability for community; go beyond gender

targets/quotas Find means for communicating rules, decisions, information to

women Create space for women and men’s interests to be voiced and

heard Ensure women’s rights are known and appreciated Ensure dispute resolvers grounded on principles of gender equality Where line Ministries are represented include Ministry of Gender Incentivize women in governance; include training, outreach,

capacity building

Thank you!