1. Women’s rights within collective tenure regimes: Analyzing outcomes of forest tenure reforms Mani Ram Banjade, Iliana Monterroso, Nining Liswanti, Anne Larson, Esther Mwangi March 16, 2016

2. Outline Exploring the links between gender and collective tenure Countries of study Gender differentiated changes in tenure rights Gender perceptions around tenure security Preliminary results; on-going study

3. Forest tenure reforms: Global change in forest land tenure Increase of at least 128.5 Mha Between 2002 and 2013 In lands Designated and Owned by IPs and Other Communities Source: RRI, 2014

4. Characteristics of forest tenure reforms 1.Forests should be maintained or restored 2.Rights are for multiple users and collective or communal 3.Alienation rights are not granted: land is not commodity 4.State remains in the picture

5. Gender and tenure  Increasing attention to women’s rights and gender equality with important discussions around the link between gender, land, ownership and tenure issues:  UN Declaration on the Rights of Indigenous Peoples (2007); the Convention concerning Indigenous and Tribal Peoples in Independent Countries (1989)  Beijing Declaration and Platform for Action (1995, 2000, 2010 and 2015)  Voluntary Guidelines on the Responsible Governance of Tenure of Lands, Fisheries and Forests in the Context of National Food Security  “At least 115 countries specifically recognize women’s property rights on equal terms with men”. UN Women (2011); "In many countries, women’s rights are legally protected, but in practice, women are socially and economically disadvantaged and face de facto discrimination in the areas of housing, land and inheritance rights" (Special Rapporteur, A/HRC/4/18, annex I)

6. Introduction (2)  Have forest tenure reforms influenced changes in tenure arrangements (formal, customary) that affect men and women in distinct ways?  How have these changes influenced the perceptions of men and women toward tenure security?  How have collective land tenure regimes considered rights of women and other vulnerable groups? The puzzle: Collective tenure and gender

7. Countries Uganda Indonesia Peru

8. Regime types and research sites across countries Regime Type# of sites in Uganda # of sites in Peru# of sites in IndonesiaTotal 1. State land designated to / Use by communities Kihaimira (4 villages) (Kibaale) Lampung (5 villages) West Kalimantan (2 villages) 11 2. State land used by private companies Lampung (2 villages) West Kalimanthan (2 illages) 4 3. Land owned by communities Masindi (4 villages) Madre de Dios (10 villages) Loreto (7 villages) 21 4. Owned by individuals/firms Kasambya (4 vilages) 4 5. Unrecognized customary lands - respected Lamwo (4 villages) Loreto (3 villages) Maluku (5 villages12 6. Unrecognized customary lands - not respected Loreto (1 village) 1 Total villages16221654

9. Peru Forest-rich country 68 million hectares of forest (over 50% of the total country area) In Peru, forests are the property of the state, though important areas of the Amazon have been included in indigenous territory titles under usufruct rights

10. Indonesia  Forest rich country, 120 million hectares of forest (over 50% of the total country area)  Social Forestry Schemes  Constitutional Court Ruling (2012)recognizes customary communities (50-70 million people)  If implemented fully, customary forests could total between 30- 40 million hectares (Kelly and Peluso, 2015:488)

11. In both countries, States hold the ultimate authority to control forest resources (Section 3.1 Indonesian Constitution; Section 3, articles 70-73 Peruvian Constitution). – All forestlands in Peru are state property: indigenous communities access forest resources through usufruct contracts or forest permits – but agricultural lands can be titled as communal lands – Forests in Indonesia can be titled (private) forests or State (public) forests. Communities can access forestlands either under social forestry mechanisms (Forest Law No. 41/1999) or as title forest lands (Constitutional court rule 2012) – Implementation of these regulations require to different legal/technical procedures

12. Different type of tenure reform different level of implementation: Perceptions on tenure security Peru Ever since my community was titled I feel my rights and access to land and forests are strong and secure? Advanced reform (1970) Indonesia Ever since I joined the (social forestry program) I feel my rights and access to land and forests are strong and secure? – Recent reform (1999) Source: GCS Tenure Team field data (2015)

13. Legal provisions in tenure reform regulations accounting for gender considerations Gender justice and gender equity are considered as general principles to be followed in policy direction in agrarian and forest policy processes. Regulations specify the need to create specific organizational structures (such as forest committees), however participation of women in these structures is quite limited in studied countries. At the local level, despite formalization of tenure rights customary arrangements (including communal by-laws) continue to be very important institutional arrangements

14. Women involvement in forest reform processes At the national and international level local communities voices are channeled via their representative organizations (AIDESEP - Peru/AMAN - Indonesia) – advocating for reform implementation In some cases women bodies of representation (E.g. National women organization ONAMIAP in Peru) are created to channel women needs At the local level communal by-laws recognize equal participation of both women and men members, however in practice men continue to dominate forest and land decision-making. Generally, young women are less involved in tenure reform implementation and are less informed of reform implementation and outcomes.

15. Changes in tenure arrangements that affect men and women Access rights  Both men and women have equal rights to access land although mediated by marriage or kinship relationships Extraction rights  Both men and women have equal rights to extract resources - Men dominate decisions around forest resources.  Women more involved in decisions around agricultural production and harvesting Manageme nt rights  Both men and women have equal right in decision-making via communal assemblies.  In practice, decisions around rule making, compliance and control are dominated by men. Exclusion rights  Both men and women in the village have exclusive rights to the communal land and forests.  However, in some cases women may loose this right if they leave the village or married somebody outside the community - the "married out" case  Members from outside communities can access communal lands and resources after a trial period - in some villages marriage outside the village is forbidden Alienation rights  No clear distinction of who inherits the communal right to land - case specific.  However, in some cases the right to communal land and resources are mediated by the community and not the family

16. Women perception around tenure arrangements about forests access Source: GCS Tenure Team field data (2015) Based on analysis of data for the Region of Madre de Dios in Peru

17. Gender differentiated perceptions around tenure security The case of Peru: Advanced case of reform

18. Gender and tenure security perceptions In Peru men point out to restrictions and limitations on land use by government and competition with neighboring communities as the most important sources driving tenure insecurity; Women on the other hand, highlight the competition among villagers and the lack of capacity to exercise the right as the most important sources of tenure insecurity Indonesia: where titling has not taken place and where communities access forest resources through social forestry mechanisms - about 90% of respondents identify the lack of title as the main source of tenure insecurity

19. Conclusions Gender disaggregated data on sources of tenure insecurity evidence differences between men and women perceptions over tenure security. Preliminary results – BUT can be linked to differences in the realization of rights In general, women have a very low participation in the drafting of reform processes, which means that men dominate the formalization processes. A key implication of the low participation of women in the formulation of access and use rules is that the results are less sensitive to women’s concerns and needs.

20. www.cifor.org/tenure m.banjade@cgiar.org i.monterroso Thank you!