Securing women’s land rights remains high in the news and in the development agenda in recent months. A quick search on Land Portal shows since March this year more than 250 resources related to land & gender, including news articles, blogs and publications.
Zambia’s launching of a National Lands Policy on 11 May 2021 represents an important achievement after almost two decades of periodic drafting, consultation and validation attempts.
In some closing words to the Forum, Vicky Tauli-Corpuz (UN Special Rapporteur on the Rights of Indigenous Peoples, United Nations) applauded the attention given to customary land tenure. For communities there has always been a struggle for their practices to be acknowledged, despite the fact that these existed long before the arrival of state governments. She found much promise in some of the legal work taking place in the Mekong region.
The first session of the 3rd Mekong Regional Land Forum looked to clarify an understanding of customary land tenure systems, and bring a focus upon communities living in and around forestland areas of the Mekong region. The session observed some of the policy developments that could lead to greater recognition of customary tenure and land security for community members.
Summaries and selected replays from the 3rd Mekong Regional Land Forum are available below. Full replays of the plenary sessions will be posted shortly -- check back soon!
By Sônia Guajajara (Guajajara), Executive Coordinator for the Articulation of Indigenous Peoples of Brazil (APIB); Vicky Tauli-Corpuz (Kanakaney-Igorot), former UN Special Rapporteur on the Rights of Indigenous Peoples; Gregorio Mirabal (Wakuenai Kurripaco), General Coordinator of Indigenous Organizations of the Amazon Basin (COICA); and Peter Seligmann, co-founder and CEO of Nia Tero.
When Talabitti’s husband died in 2016, her claim to the family land seemed to die with him. Though her husband had worked the family land by himself, upon his death his male cousins laid their claim. If Talabitti attempted to make a competing claim, they threatened to drive her away – with violence, if necessary. Sadly, this threat materialized.
On the International Women’s Day – and every day – we must call out gender bias wherever we see it. The trouble is, when it comes to land and property rights, much is hidden behind closed doors. But now, a new survey is giving voice to women around the world, letting them share their perceptions of their property rights.
Across East and West Africa, IIED and partners have been developing and testing approaches to strengthen women’s voices in local land governance. Philippine Sutz reflects on the role and impact of local governance frameworks as these approaches are implemented in different contexts.
Since 2016, IIED has been working with local partners across East and West Africa to strengthen rural women’s voices in local land governance.
The assumption underpinning this work is that when local women actively participate in land governance, related structures are more likely to recognise and defend women’s interests. This leads to fairer land relations and women having greater control over their livelihood options.
In each country where the project has been implemented – Tanzania, Ghana and Senegal – local partners have developed, strengthened or scaled up approaches to support local women to enter the political space and participate meaningfully in local decision-making processes on land allocation and use.
While tailored to address local contexts and needs, the approaches developed in each country share similarities: None of them ‘reinvent the wheel’ but build on existing governance arrangements; they are bottom-up and participatory, involving community dialogue and capacity building exercises; and they all seek to ensure that decision-making bodies on land include a minimum number of active women members and promote local dialogue.
But the approach design was different to recognise the opportunities and gaps associated with each country’s land governance framework.
In Tanzania, the law establishes local authorities with power to administer land at the lowest administrative level: the village. The village council and village assembly play a key role in local land governance – they have the power to allocate land and make decisions on land use.
In Ghana, land is governed customarily by traditional authorities, and land governance rules vary from one area to another. In the area where our project was implemented – the Nanton Traditional Area – community chiefs are given power to administer land.
In both countries, the local governance systems enabled our partners to embed their approaches directly at the community level and ensure local ownership.
In Tanzania, the Tanzania Women Lawyers Association (TAWLA) worked directly with village authorities to support the adoption of gender-sensitive village by-laws promoting the participation of women in village level decision-making processes. The process received good support from local communities.
In Ghana, NETRIGHT and the Grassroot Sisterhood Foundation (GSF) worked with local community chiefs – the lowest traditional administrative unit – to establish Community Land Development Committees (CLDCs). These committees are designed to support chiefs in making decisions on land and ensure that such committees had women members.
In Senegal, meanwhile, public land is managed by the local governments of municipalities – and community land is allocated at the local level through the municipality. A ‘municipality’ includes between around 30 and 60 villages; this is a higher ‘administrative level’ compared with land governance in Tanzania or Ghana.
The authorities administering land are the municipal council through the land commission – a local body supporting the council’s decision-making process.
Our partner IED Afrique worked in Darou Khoudoss to support the inclusion of women in the land commission and the adoption of a local land charter promoting women’s participation in land governance.
Working at the municipal level – rather than directly in villages – has proved more challenging in terms of local ownership. IED Afrique developed additional activities to ensure buy-in at village level. In particular, they collaborated with local women’ groups to make sure that the project was reaching women in villages.
In Tanzania and Senegal, land being governed by national laws makes it easier to replicate and scale up approaches. In Tanzania, TAWLA was able to reach all 64 villages in the Kisarawe District. Replicating the approach across different regions in Ghana would have meant adapting it to each regional context, which would have been cumbersome and resource intensive.
Comparing land governance frameworks (PDF) in the three countries shows how their nature – and in particular the existence (or lack) of heavily decentralised power on land – determines, to a degree, the administrative level where the intervention takes place. This impacts how easily participatory and inclusive bottom-up approaches can be implemented.
Local authorities having power over land at the village or community level – as in Tanzania and Ghana – is a real advantage, as it allows approaches to be embedded in the very communities they’re trying to support. When land is governed at a higher administrative level – as in Senegal – additional efforts and resources are often needed to ensure local ownership of the approach.
In wider terms, my sense is that the more decentralised a land governance framework, the better for democratic, participatory processes to take place and ultimately, for how local women’s voices can be reflected in decisions made on land administration. This should be kept in mind by governments undertaking land governance reforms.
This blog was originally posted on the IIED website and is the fourth blog in a series looking at ways to strengthen women’s access to and control over land in Africa.
2020 was a tough year on many fronts, and land rights were no exception. COVID-19 hindered land rights advocates from doing field research, meeting with government officials, prioritizing policy initiatives, and obtaining funding.
Despite these headwinds, we have seen important advances, and the field continues to grow. Here are eight breakthroughs in 2020 to celebrate:
If we only get recognition of our Individual Forest Rights (IFR) over the land under the Forest Rights Act 2006,we will get out of the cycle of poverty."
