1. Property Rights to Strengthen the Assets of the Poor
Ruth Meinzen-Dick and
Patricia Kameri-Mbote

2. Functions of Property Rights
Secure livelihoods
Food security
Incentives to invest
Buffer against shocks
Empowerment
Social identity
Bargaining power
Government services
Property rights over land and other resources are the basis for livelihoods for the majority of the world’s poor.
They provide for food security as a source of food and income
Incentives to invest because people will receive the benefits from appreciation of the land
They reduce vulnerability by providing a buffer against shocks, for example by helping people get credit or income from land rental or sales
But beyond the economic functions that we often recognize, property rights are critical for empowerment
Social identity is often tied up with land. In Ethiopia, the term “landholder” means “one who has a father”. Whole groups may lose part of their sense of identity when they lose their land
People with secure rights to land have more bargaining power, and are more respected. In South Asia, there is evidence that where women have property rights, they are less subject to domestic violence, even.
And government services are often targeted to land owners. Extension agents are more likely to visit land owners than their tenants or women who don’t have independent land rights.
In urban areas, water supply systems and even police protection may be denied to those who don’t have recognized land rights.

3. Complexity of Property Rights
Not just for private land
Importance of common property, water, trees
Not just for head of household
Rights for whole communities
Rights for women, youth within the household
Not just from government laws
Importance of customary, religious law
Not just “ownership” based on titles
Secure tenure can come from other sources
Many titling systems have denied women, marginal groups their access to resources
So then, can we reduce poverty by just issuing each household with title to a piece of land?
It’s not that simple.
First, it is not just private land that matters.
Common property used for rangelands or forests are also very important. And there may be separate rights to other critical resources like water, trees
Not just for head of household
In many cases it is the right of the whole community that is most important to reduce poverty, especially for indigenous people or where there are strong collective customary rights that are not being recognized by outsiders
Within the household, women’s rights to land may be dependent on their husband, son, or father, which makes them vulnerable especially to widowhood or divorce
The younger generation may also need security to invest in land
Not just from government laws
Importance of customary, religious law
Not just “ownership” based on titles
Secure tenure can come from other sources, including leases and customary rights
Many titling systems have been a source of insecurity for the poor because they give chances for urban elites or men to capture stronger rights and in the process denied women, marginal groups their access to resources

4. Strategies to Secure Property Rights for the Poor
Legal reform
Beyond household titling: rights of communities, women
Accompanied by legal literacy, accessible implementing structures, dispute resolution
Complementary credit, extension, services
Build on customary arrangements
Match to local conditions
Acknowledge multiple values of land
Look for provisions to help women, marginal groups
Legal reform is one strategy. It can be powerful, especially if there are special provisions to redress inequities. For example, new legislation in Mozambique, Kenya’s new land law.
but alone it is unlikely to really help the very poor and marginalized groups, especially women.
Legislative changes must be accompanied by legal literacy and accessible implementing structures that register and give poor people proof of their rights, and provide for trusted dispute resolution
For example, Uganda Land Alliance hires paralegals to supplement the administrative structures
And poor people also need access to credit, extension, and other services to be able to use their land effectively
In many cases customary arrangements provide a useful starting point
This is partly because property rights must be adapted to both their physical, economic, and social conditions
Customary arrangements also often acknowledge that land has many values beyond just economic productivity
In some cases custom may have ways of providing for women or marginal groups; but we shouldn’t idealize; there may also need to be other safeguards for these groups
What is needed is to not ignore the complexity of property rights systems, but to recognize them and look for opportunities to strengthen the rights to land and other resources for the world’s poor and hungry.