Gender and Collectively Held Lands: Good Practices and Lessons Learned Six Case Studies Renée Giovarelli 22 March 2017

CHOOSING CASE STUDIES Interventions that aimed to increase the land tenure security of the community while also addressing gender differences. Diversity in types of land, geographic location, implementer, and funder.

METHODOLOGY Each case study drafted by different author(s) Desk research: project documents; legal and contextual analysis Field-based assessment of intervention with national expert and implementing team Case studies presented to stakeholders in validation workshops Peer reviewed by at least one national expert

SIX CASE STUDIES China Ghana India Kyrgyzstan Peru Namibia Country Type of land Project Aim Author(s) China Grassland Government compensation 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 Implementation of the Forest Rights Act   Kyrgyzstan Pastoral land Increase livestock productivity Elisa Scalise (RE) Asyl Undeland Peru Increase women’s participation in community land governance Leslie Hannay (RE) Namibia Residential and Cropland Implementation of the Communal Land Reform Act and operationalization of customary system governing communal land. Hirut Girma (Landesa)

What does it mean in practice to strengthen and secure collective tenure in a gender-sensitive way?

TWO SITUATIONS Land collectively held by community Land used communally by community (forestland and pastoral land) Land managed by a governance body with authority sanctioned by laws or custom Land used by households (arable land) Land managed by households Community rules may apply as well

First Inquiry: DO WOMEN HAVE RECOGNIZED RIGHTS TO THE LAND? Women must have legally and socially recognized rights to land before land is secured or women will be left out. If women do not have recognized rights to land their use of the land will not be documented when collectively held land rights are formalized.

Two Additional Questions that Always Matter for Collective Tenure

WHO 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? By law and by custom

WHO HAS THE RIGHT TO PARTICIPATE IN GOVERNANCE OR CONTROL? Can women meaningfully participate in community/collective governance? Can women exercise rights to communally held land that is used by households? By law and by custom

WOMEN’S STATUS Usually a “stranger” living in her husband’s community (who is a member of the community?) Responsible for household and children Not public face of the family (governance) May not know how to organize to mobilize change May not know how to lead or participate in groups May not understand the value of decision-making

COMMUNITY MEMBERSHIP China: woman’s membership not set--each village committee defines membership (law and custom) Ghana: membership not secure. Whether or not widows can retain their rights to marital property depends on age, number of children, and relationship with in-laws (custom) Peru: membership rules gender neutral but do not grant right to vote and participate in community decisions; must be a “qualified community member;” one person per household (law and custom)

COMMUNITY MEMBERSHIP Kyrgyz Republic: defined by residency and includes all women who live there (law and custom) Namibia: non-native women and men—level of scrutiny is higher; patrilocal residence. India: Forest Rights Act provides where forest land is under cultivation by household for period of time, marital property laws apply and joint titling required (law).

Gender and Governance Community policies, rules, by-laws not challenge gender inequalities Community/national institutions not accountable on gender equality Lack of information Unaware of rules and procedures of governing bodies Unwilling/uninterested in participating in governance Lack skills, confidence, experience of group work Location and time of meetings Women often lack authority

Successfully Improve Women’s Land Tenure Security? How Do We. . . Successfully Improve Women’s Land Tenure Security?

REMEMBER THE GOAL Women must have legally and socially recognized rights to land Women’s status in the community may be in question—is she a member or not? Women’s right to participate in governance may be challenged because uncommon for women to publically participate SOCIAL CHANGE REQUIRES AWARENESS, SENSITIVITY, AND TIME

BUILD ON POSITIVE, EXISTING RELATIONSHIPS WITH WOMEN India NSVK: already established issue-based committees led by social workers Peru SER: already involved in community on democratic participation/rural development, governance Ghana/COLANDEF: worked with and trained existing women’s groups

WORK WITH WHOLE COMMUNITIES India: 1-2 years of engagement before women’s groups were accepted by men. Men were taught about the importance of women’s empowerment and had time to see the benefits of empowering women, both economically and socially. Peru: designed to target and work primarily with women but women required community permission to participate. Ensuring receptiveness of local leaders to the project and the ideas and values promoted was centrally important to ensuring the success of the project and women’s involvement.

ADDRESS LEGAL PLURALISM (two or more laws may apply) Ghana: intestate succession law exempts stool land and states that customary land is held in trust in the traditional leadership of stools (80% of Ghana’s land) Arable stool land is used & managed by HH, but widows not legally protected from losing their rights. Peru: autonomy of local communities supersedes constitutional protections for women China: national law supports gender equality but village collective decisions not subject to appeal sed by HH but collectively held, apply family laws to HH

LEGAL PLURALISM Namibia: customary law that creates conflict may be repealed or modified by Parliament. Community Land Rights Act recognizes legal authority of Traditional Authorities to administer communal land; gender responsive safeguards: independent customary land rights; widows protected; informal marriages are included in joint ownership

WOMEN IN GOVERNANCE--INTERVENTIONS Targets for female staff Gender sensitivity training Targets for gender balance in decision-making bodies and community accountability for same Incentivize women in governance—training, outreach, capacity building Communicate decisions, rules, and information to women Women’s rights known by all