GOVERNANCE OF AFRICAN LAND RIGHTS, AND IMPLICATIONS FOR WOMEN Presentation by Lindsay Mossman Senior Gender Equality Advisor Aga Khan Foundation Canada 27 March 2019

Overview: Key Questions What do we mean by women’s land rights? Why are land rights important? What are the barriers and facilitators of women’s land rights? How do we improve women’s land rights and benefits? How do we measure land control and use?

FIAP: Growth that works for everyone Canada will support inclusive economic growth that helps the poorest, most vulnerable and marginalized generate, participate and benefit from economic activity. support the full participation of women in economic decision-making and leadership; help improve economic opportunities for rural women, focusing on improved incomes and productivity through sustainable agriculture promote financial inclusion for women and equal access to capital, markets, digital technology and business development services promote labour, land, inheritance and property rights for women

What do we mean by women’s land rights? IFPRI: Use, control, and ownership rights to land Use rights involve the ability or permission to employ an asset Control rights signal greater levels of power, including management and exclusion. Ownership implies having all these rights, including sale or other forms of disposal, backed by formal legal institutions. In practice, definitions are not clear cut

Why are land rights important? Production: Women produce more than 80% of the food in Africa, but own only 1% of the land. Women’s land plots tend to be smaller and less agriculturally productive. Collateral: Land is frequently used as collateral in applications for loans or credit, to start a business, purchase agricultural or other inputs, etc. Household bargaining and negotiation: Where women are land and property owners, there is an increase in their household decision-making, particularly around purchase or sale of land. Photo: Farmer Field School participants learning about conservation agriculture in Cabo Delgado Province, Moz

Barriers and Facilitators of Women’s Land Rights Customary law Land registration Cohabitation Costs Discrimination Facilitators: Local Administrators Knowledge of rights and processes Women’s organizations Men as partners

Women’s Land Rights: Barriers Although statutory laws may give women equal rights to land and inheritance, customary law is often applied: ‘Women have no right over land because she will marry and go to another house.’ Customary Law In some cases, joint land registration is available for legally married spouses. This means women who are cohabitating with their partner are not eligible for joint registration of land. Cohabitation The costs of accessing legal services to make a claim or follow-up on a claim, or even to pay for transport to attend court is prohibitive. Costs Women living with HIV/AIDS face particular challenges. Perception that “you cannot offer property to someone who is dying.” Denial of property/inheritance for them and their children. Discrimination

Women’s Land Rights: Barriers or Facilitators May not regularize the marriage due to the land related implications. Can also be active partners in changing household and community norms. Men’s attitudes Lack of knowledge of what the land laws say or the registration or claims processes, or where to get legal assistance. Women with knowledge are better able to claim rights. Knowledge Despite legislation, local administrators may prevent women from accessing claims processes or even intervene to prevent women from claiming rights. When local administrators support women they have more positive outcomes. Land registration in practice

Approaches to address women’s land rights Knowledge & awareness: Providing training on rights, registration and claims processes Finding entry points: Community mobilization with village elders, community institutions, religious reps and other stakeholders Engaging Men: Working with men and women on household decision-making, sharing of property and assets Women’s organisations: providing linkages to credit and markets, sensitization and support services Measurement: Ensure we are measuring not only registration, but also use and control

Engagement of Men: Mozambique Power rests with men, property control generally stays with older men in woman’s family HH decisions primarily made by men, including on purchases and sales of assets “we don’t have a say with men. They are the ones who decide everything and we just follow their orders.” (22-year old woman, CBSG member, Quissanga). Photo: Family in Cabo Delgado

Women’s Organizations Women’s organizations, cooperatives and networks Knowledge and awareness on land and inheritance rights and processes Support women to access legal recourse Pooling of funds to purchase land Pooling of land to produce greater yields Joint applications for credit Photos: Women’s weaving cooperative in Cabo Delgado Province Savings Group Ibo Island, Cabo Delgado Province Where women have support from organizations, they are more likely to have positive outcomes for their land rights cases and economic development.

Measuring women’s access to and control over assets Example from Afghanistan Women’s Empowerment Program