Advancing Women’s Land Rights: Lessons from a bit of land formalisation in Tanzania Marc Wegerif 25 th March 2015

Tanzania

Study Three villages, Mtamba, Mvuha, Gongoni all in Morogoro Region. Looked at formalisation in terms of Village Land Act of 1999, supported by two NGOs (MPLC and WOPATA) with explicit intention to improve women’s land rights. Study led by Annmarie Mavenjina. Largely qualitative with interviews with people who benefited and who did not and also with key informants.

Chinese investor has started clearing land

“I am happy today, I am happy to get my certificate, because with the certificate to my land I will be free on my land. I will decide what I want to do”

“anything can happen to me and we have a problem here; if I am gone many relatives will come and finish the inheritance, some widows are left with nothing. Now I know my wife will at least have her land.”

“this will help with my responsibilities at home.... with my own land I will not be bothered by other people”

Why? ‘We realised that land is a valuable asset and we wanted our children to inherit it.’ ‘In the past men used to take our land especially if you were living alone as a woman they would feel you do not have a right to live on that land and they would encroach on our land and take it away.’ ‘The fact that you can also use your land for agriculture and residential purposes.’ ‘Experts from district and village council informed us about the importance of owning land. The process of land use planning was undertaken and they taught us the importance of having a land certificate.’ ‘…So that each wife can register their land and have oversight over their family.’

Why not? ‘I do not have the money to pay for the whole process due to other responsibilities.’ ‘I have so many responsibilities and so many orphans to take care of and pay school fees.’ ‘We are in the process of registering the land.’

Challenges? ‘Women are discouraged by men’ ‘Some men are not understanding’ ‘the men discriminate against women and do not see the importance of women owning land.’ ‘Due to patriarchy some men are dominant and consider themselves above women.’ ‘Matrimonial and land conflicts, hence people get discouraged and give up.’ ‘Women’s voices are not heard and they cannot speak against their husbands.’ ‘Surveyors increase the costs above the government rate.’

Benefits? ‘Yes, now I can do anything on the land without anyone interfering on my land since its’ my own.’ ‘If you do not have a land certificate your land may be taken away from you and your boundary may be encroached on. ‘Yes, it has changed my life. I have used it to apply for a loan.’ ‘I have been able to educate my children by taking a loan and using my CCRO as collateral’. ‘I have been able to avoid inconveniences and conflict’. ‘Initially we had a conflict about our boundary but after getting a land certificate the conflict was resolved as the land was surveyed and the boundaries clearly demarcated in our presence and witnessed by our neighbors’.

Steps meetings to mobilise people in every hamlet ensure women involved mapping the outer boundary and size of the village village council and community members agreeing on the boundaries with the neighbouring villages construction of land registry facilitation of resolution of conflict with neighbouring village informing community members about the receipt of the certificate and the land use plan including the protected forest areas encouraging that people could not apply for CCROs. Informing people of rights survey and resolve disputes get personal data and pics print sign deliver

Certificate issued (or almost) VillageWomenMenJoint % of certificates to women Mtamba % Mvuha (issued) % Mvuha (applied for, not issued) % Gongoni (existing land applied for) % Gongoni (new land applied in groups) % Total CCROs (excl groups) % of indiv Total including the groups and joint CCROs Approx 40%

Gongoni CCRO Beneficiaries WomenMen% Women Individual (existing land) % Groups (new land)512171% Joint CCROs (32 on Existing land) % Totals %

Findings 1.Gender equity is possible. It needs an explicit focus on ensuring women benefit. There is no excuse for failing in this. 2.Joint titling has place, but limits and is not favourite choice. We should be careful to make available other options as well. 3.Gender equity yes, but don’t lose sight of other equity issues and challenges.

Thanks