63 8. EBA TOPICS UNDER DEVELOPMENT

In this second year of the EBA proj- Information and communication ICT licensing framework, validity ect, some topics have been refined and technology and associated costs. The data restructured and several new topic areas also cover spectrum manage- added. The information and commu- Mobile phones and the internet are ment, retail price regulations and nication technology (ICT) topic area powerful tools for farmers today. When quality standards, with a particu- was piloted during the first year of the connecting to the internet from remote lar emphasis on standards in rural EBA project and restructured this year areas, farmers can access key resourc- areas. to include data about policies and regu- es such as real-time data on market and lations on mobile and internet services. transport prices, information on • Government strategies to improve The topic was expanded to include varieties, pests and farming techniques access to ICT services in rural new areas on tenure security, land sales as well as several tools for production areas. These data describe govern- and lease markets. Given the nature of and marketing. Better information and ment policies and measures to facil- the land topic and the legitimate inter- communication technologies facilitate itate ICT in rural areas, including ests involved, further consultations farmers’ access to markets, particular- universal access and service funds, will be carried out and some new areas ly to improved seed varieties and fer- which use contributions from multi- could be included next year, such as tilizers.2 So, many governments now ple sources to finance the expansion the cost of registering group rights, the disseminate information and provide of network coverage and mobile time and cost of land surveying process, extension services in rural areas using services. the procedural safeguards in case of the internet, mobile applications and text expropriation and the management of and voice services, alongside more tradi- • Agricultural e-extension ser- land records. These developments will tional channels of communication such vices. These data address how the contribute to a more balanced scoring as the radio and extension agents. government provides agricultural methodology.1 information, particularly on market This multifaceted approach gives policy- prices and weather. Two new topic areas were developed makers an opportunity to interact with this year: and livestock. Water is the farming community and develop Licensing regimes in the ICT sec- an essential input to agricultural produc- more targeted regulatory and policy tor. Licenses are an effective tool for tion, and the security and proper man- interventions for agribusinesses. Appro- governments­—­not only to regulate agement of water rights is essential to a priately designed ICT regulations can competition and generate revenue, but well-functioning agricultural sector. Live- ensure market liberalization and com- also to define the obligations of market stock is another area where governments petition in the ICT sector, leading to fair players on matters relevant to farmers design regulations to ensure the supply, retail prices, more high-quality mobile and agribusinesses, such as rural cov- safety and quality of animal production services and greater mobile market erage. Obtaining a license to offer tele- inputs. A scoring methodology for these penetration.3 By contrast, burdensome communication services is costly and two topic areas will be developed in the licensing requirements can hinder com- may obstruct entry for mobile operators. next EBA cycle. petition and innovative mobile services EBA data on ICT collected this year show solutions responsive to users’ needs. how licensing regimes vary among the Two cross-cutting themes were intro- 40 EBA countries. Individual licenses duced and analyzed this year­—­gender EBA ICT indicators measure laws, regu- are most prevalent.4 Only 7 countries and environmental sustainability. The lations and policies addressing ICT ser- have implemented a general authoriza- gender analysis presented below shows vices in rural areas. The indicators focus tion regime for mobile cellular services.5 how the data collected on several rel- on the institutional framework for service Compared with other licensing regimes, evant indicators can be interpreted providers to operate and expand mobile the general authorization regime has through the lens of gender. The envi- networks and government strategies to greater transparency and competition, ronmental sustainability theme crosses improve farmers’ access to ICT services as well as lower costs, since it creates a several existing topics­—­mainly seed and agricultural information. level playing field among providers and and water­—­to assess practices that pro- simplifies the regulatory process.6 In all tect natural for agricultural • Licensing regimes in the ICT sec- 7 countries costs are publicly available production. tor. These data measure countries’ online. 64 ENABLING THE BUSINESS OF AGRICULTURE 2016

Government strategies to improve development.13 Land is a key factor of productivity for different market actors access to ICT services in rural areas. agricultural production, and for many at different levels of economic develop- The “last mile” of telecommunication rural families it is the most valuable asset ment. The administrative mechanisms infrastructure in rural areas is usually they possess. But in many countries the that guide them must be transparent and expensive, and the resulting benefits do vast majority of agricultural land lies out- easily navigable.25 not always make up for the costs.7 Gov- side formal legal protection.14 To encour- ernments differ in how they address this. age investments that can increase pro- • Land tenure security. These data The solutions include tying coverage and ductivity, rights to land must be secure include information on the types quality requirements to licenses, offer- and transferable. Indeed, landowners of land tenure granted by countries ing tax breaks to providers that cover will be willing to invest more to improve (private or public ownership), the hard-to-reach areas, requiring mobile production, such as “planting perennials formalization of informal rights of operators to offer social tariffs to eligible and establishing ,”15 when they individuals and communities and customers in rural areas and setting up believe their land will be protected from the security that land registration universal access funds for infrastructure conflicting claims and expropriation.16 provides. or other outreach projects. Security of tenure can be guaranteed • Land sales and lease markets. Universal access funds are popular in through formal mechanisms, such as Impediments to transferring land developing countries since they gener- state-granted titles and state-backed and registering such transfers ate funds from multiple sources, includ- legal enforcement. It can also be guaran- (whether leases or sales) reduce ing contributions from mobile operators teed through community-administered the likelihood of efficiency-enhanc- and international organizations, as well customary tenure, where the state rec- ing exchanges. These data address as direct funds from the government ognizes customary rights as legitimate how land sale and lease markets budget.8 They help expand ICT cover- and protects them.17 Legal frameworks function, including government age in otherwise commercially unviable must recognize all legitimate land rights restrictions on land sales such as areas.9 But establishing the funds, col- (including informal and customary rights price controls, land ownership ceil- lecting contributions, selecting projects, where applicable), enable their recorda- ings, minimum farm sizes and other disbursing funds and monitoring and tion and ensure their protection.18 Cus- restrictions on the ability of individ- evaluating the impact of projects require tomary land tenure continues to play a uals and companies to buy, sell or capable administrators and transparent large role in agricultural production in lease land. organizational structures.10 Of the 40 many countries and statutory recogni- countries studied, 24 have a universal tion of customary land tenure regimes Land tenure security. Of the 40 coun- access fund that has started collecting can help protect agricultural producers tries surveyed, 32 recognize private funds. Despite having a universal access from conflicting claims to customary ownership of land. In the remaining 8 fund in place, 4 countries (Bangladesh, land and government expropriation.19 countries all land is owned by the state, Burkina Faso, Kenya and Niger) have This is important as population growth, but the government allows for long-term never disbursed funds for ICT projects. increased international investment and leases or rights. The difference volatile commodity markets contribute between the two is blurred by because Agricultural e-extension services. to the scarcity of productive agricultural not all leases are based on market rates Information asymmetries between par- land, especially in Sub-­Saharan Africa.20 and land use rights often come with an ticipants in agricultural value chains annual fee. Five of these 8 allow for per- can impede farmers’ access to markets, Secure, transferable tenure enables the petual land rights of some form: Ethiopia, especially in developing countries.11 use of agricultural land as collateral, Mozambique,26 Myanmar, Lao PDR and Access to information enables farmers to which can increase access to credit and Tajikistan. Of the remaining 3, Vietnam participate in value chains, scale up pro- agricultural investment.21 Where mar- provides for use rights of up to 50 years duction and increase revenues.12 E-ex- kets operate smoothly, land transfers (or 70 years for larger investments) and tension services can address the infor- (through sale or lease) can operate to Tanzania27 and Zambia both allow use mation deficit farmers face in remote allocate land efficiently.22 This is critical rights of up to 99 years. Thirty-nine of areas and empower them to engage for skilled farmers seeking to expand and 40 countries allow for land rights to be more in agricultural production and mar- invest in more intensive production and used as collateral for accessing credit.28 keting. In 22 of the countries studied, for those seeking to exit farming to be In Ethiopia, while holders of perpetual governments provide agricultural e-ex- able to invest the value of their land in use rights cannot mortgage them, those tension services, mainly for market pric- other economic sectors. holding leases to land use rights can es and weather. use them as collateral. In Zambia, too, EBA land indicators measure the rights leaseholders can use their lease rights as of individuals and firms to register, use collateral. Land and transfer agricultural land and the administration of the procedures that First-time registration of informally held Access to agricultural land and the legal give effect to these rights. Security of land rights is important to ensure land and regulatory regimes underpinning tenure23 and transferability of rights24 tenure security, particularly in develop- that access are fundamental to economic are important for increasing agricultural ing countries. Thirty-one countries allow EBA TOPICS UNDER DEVELOPMENT 65

individuals to register agricultural land at least one restriction on the sale of land the legal security of water use per- rights for the first time based solely on (minimum size of subdivision, maximum mit systems by examining public open, exclusive and notorious posses- number of hectares, setting minimum notification requirements, permit sion of the land.29 Six countries in the or maximum prices) and 7 countries duration and compensation for study allow for registration of land use impose at least two of them. And 17 curtailment of rights, the scope of rights after possession for a statutorily countries restrict registration to leases application of the permit system stated period, even though they do not spanning a minimum number of years. that exempts small-scale agricul- recognize private ownership. Of the 40 ture and the system’s efficiency and countries surveyed, 24 allow for the first- sustainability by examining pricing time registration of customary rights Water water as a . including 13 of 14 Sub-­Saharan African countries. Three countries (Denmark, Access to irrigation water is directly • Decentralized irrigation man- the Kyrgyz Republic and Rwanda) have connected to the success of farmers agement. Decentralized mecha- registered all privately held land plots at and agribusinesses: a sufficient and sta- nisms for the governance of water the immovable property registry, and the ble water supply can lead to larger crop resources and infrastructure, such first-time registration process is no lon- yields and more reliable production pat- as WUAs, can improve system effi- ger applicable.30 terns. The highest crop yields from irriga- ciencies and allow farms to have a tion are more than twice those from - greater role in the decisions affect- Countries adopt different ways of fed agriculture, and the use of irrigation ing their access to water.34 These addressing first time registrations of land can increase crop yields by 100–400%.31 data measure the extent to which rights, but the processes can generally Irrigation systems are thus critical to the legal framework enables WUAs be classified as either judicial or admin- meeting the increasing global demand to manage irrigation infrastructure, istrative, depending on which type of for .32 by granting them the authority to body does the formalization. Chile has decide on water allocations, set both a judicial and an administrative Access to irrigation water can be con- and collect fees and monitor and process depending on the value of the strained by its depletion and pollution. enforce rules. They also measure land. The cost of first-time registration Insufficient or inappropriate regulation WUA membership restrictions and also follows one of two general regimes­ can also lead to the mismanagement of whether WUAs are included in —­a flat rate or a percentage of the land’s and hamper access to broader decisions on basin planning value. Some countries have both. While irrigation water for both small and large and water resource management. collecting taxes is important, it can dis- agricultural producers.33 For example, courage the formalization of informal if legal rights surrounding the use of Permits for water use. For commercial rights if it exceeds the actual cost of land water are insecure, agribusinesses could farms of all sizes the security of water registration. reduce or forgo investments because rights affects farmers’ decisions for of concerns that water supplies will be investing, producing crops and locating Land sales and lease markets. Private unreliable or insufficient to meet pro- commercial operations.35 A water use ownership of land is not a requirement duction targets. Similarly, the absence of permit system either recognizes existing for land markets to operate efficiently. In decentralized governance mechanisms­—­ water use rights or creates new water 39 of 40 countries those who hold rights such as water user associations (WUAs) use rights. Of the countries studied 35 to agricultural land can lease those rights to manage irrigation infrastructure­—­may have a permit system for both surface to other agricultural producers. For the 8 prevent some farmers from securing water and use.36 Only Jor- countries without private land ownership, equitable access to water and limit their dan and the Kyrgyz Republic require the 3 (Myanmar, Lao PDR and Tajikistan) ability to voice grievances and resolve permit system only for groundwater, and allow buying and selling perpetual use water-related disputes. 3 countries have no formal permit sys- rights. In Tanzania, Vietnam and Zambia tem for water use. Such legal gaps could no perpetual rights exist­—­only long-term EBA water indicators measure the qual- send negative signals to investors and use rights or leases, which can be sub- ity of laws and regulations that affect commercial farms about a higher risk in leased. In Ethiopia perpetual use rights the ability of both small and large com- securing enough water for planned crop exist but cannot be sold, though they can mercial farms to get access to adequate production operations. Almost half the be leased for up to 15 years if the lessee quantities of water at the times and plac- EBA countries (19) have a statutory obli- engages in “mechanized agriculture.” In es needed for crop production, through gation for the authority issuing permits Mozambique the constitution prohibits appropriate irrigation infrastructure and to publicly announce new permit applica- any dispossession of land whether sale, decentralized institutions. tions for both and ground- lease or mortgage. Although private water use, enhancing transparency for property ownership is allowed in Ukraine, • Permits for water use. Effective existing and potential water users on the there has been a moratorium on sales of water use permit systems provide allocation of water resources. The trans- agricultural land since 2004. secure rights to water users and parency of a permit system contributes allow resource managers to ensure to the security of water rights by sharing Governments often restrict the sale and sufficient water supply for future information of interest to water users and lease of land. Nineteen countries impose crop cycles. These data measure reducing the potential for disputes. 66 ENABLING THE BUSINESS OF AGRICULTURE 2016

A long duration for water use permits and infrastructure, implementing local trade offers substantial market oppor- can also enhance the security of water participatory management systems,44 tunities for actors in the livestock value use rights. In EBA countries the dura- mainly through WUAs, which should be chains, including input suppliers. This tion of water use permits varies from 2 supported by a strong legal framework.45 calls for direct support of policymakers years in Burundi to 75 years in Spain. The Five EBA countries have introduced full in designing and implementing regula- average duration is approximately 20 specific legislation on WUAs. Another tions. Laws and regulations addressing years for both surface water and ground- 26 countries have specific provisions the development and conservation of water. Across regions, OECD high-in- for WUAs in their laws and regulations genetic resources, the availability and come countries had the longest average for sectors such as water, irrigation and quality of veterinary medicinal products permit duration, and Sub-­Saharan Africa agricultural development. The remaining and the supply of safe feed resources can the shortest. Farmers are more likely to 9 countries have no specific legal recog- ensure production efficiency and create make bigger investments with long dura- nition of WUAs, which are subject to the an environment for high-quality input tion permits. But governments need to general framework for associations or throughout the livestock production pro- balance that incentive with the need to cooperatives. cess.52 Regulations that encourage the conserve and protect water resources.37 genetic improvement of livestock breeds Fourteen countries—­ including­ Ghana, Among the 31 countries that have spe- that are more efficient at converting feed the Philippines and Turkey­—­have leg- cific provisions or full legislation on to body mass can increase productivity islation that gives the granting agency WUAs, several features have to do with and reduce feed expenditures, cutting discretion to determine the duration at the establishment and internal organiza- production costs.53 In this respect, gene the time of issuance. While this gives the tion of WUAs.46 In 16 countries the law banks are important for conserving resource manager flexibility to set permit explicitly permits WUAs to establish, genetic material for current and future durations based on resource planning monitor and enforce their own rules in breeding activities.54 needs, it could reduce predictability and areas such as water use, fee payment thus increase investment risks for com- and infrastructure maintenance. Also in EBA livestock indicators measure the mercial farms. 16 countries (a different set) the law per- supply, safety and quality of animal pro- mits WUAs to directly collect irrigation duction inputs. Data also focus on the A formal permit requirement, despite fees for infrastructure maintenance; in 12 existence and quality of such infrastruc- its benefits, can impose a large burden of them fees are freely set by the WUA ture as databases, gene banks and test- on smallholder farmers and granting to cover expenses. This legal autonomy ing laboratories. agencies alike. Formal permit require- and cost recovery ensure that WUAs ments are not appropriate for all water have sufficient capacity and powers to • Livestock genetic resources. Reg- users in all contexts.38 Some countries improve and maintain the infrastructure ulating livestock genetic resources exempt some categories of small-scale that brings water to commercial farms. facilitates breeding by encouraging water users from the obligation to obtain Despite sharing the previously men- farmers to select for specific traits a permit, based on specific thresholds tioned good practices, Spain and Tanza- while ensuring the conservation or defining characteristics,39 such as the nia exclude leaseholders and other land of local animal breeds. The data volume of water used, land area, intend- users that are not registered owners describe the legislative framework ed water use, means of water extraction from membership. for breed improvement (such as and recognized customary water rights. genetic evaluation), registration Twelve EBA countries have exemptions of new breeds and recognition of that can facilitate water access for small Livestock breeder organizations. Data also commercial farms using surface water cover functioning gene banks (16 for groundwater).40 Livestock production accounts for up to for conserving livestock genetic 40% of global agriculture GDP, trending material. In response to water scarcity concerns toward 50–60%.47 Fueled by a surge in and increasing demand, many countries global demand, livestock production is • Animal disease prevention and impose fees on the use of water resourc- growing faster than any other agricultural veterinary inputs. Prevention and es. An appropriate fee structure is often production.48 Over the last 30 years pop- control of animal diseases and avail- considered to allocate water efficient- ulation growth, urbanization and rising ability of quality livestock medic- ly and promote ,41 incomes have steadily increased global inal inputs are key to a sustainable though the specific systems vary signifi- consumption of animal protein. For exam- commercial livestock sector. The cantly across countries.42 Twenty-eight ple, global consumption of meat increased data collected cover accessibility to EBA countries allow authorities to charge from 30 kg per capita in 1980 to 40 kg per national databases on livestock dis- permit holders for surface water used capita in 200549 and to 42.9 kg per capita eases and registration of veterinary (29 for groundwater).43 in 2012.50 The fastest growth in produc- medicinal products and veterinary tion and consumption has been in devel- vaccines. Decentralized irrigation manage- oping countries, particularly in Asia.51 ment. In recent decades many coun- • Safety of animal feed resources. tries have taken steps to decentralize Such a steady increase in global live- Safe livestock feed increases animal the governance of water resources stock consumption, production and productivity and improves animal EBA TOPICS UNDER DEVELOPMENT 67

health, thus reducing production Environmental sustainability conservation59 is mainly used for costs for livestock producers and wild species, including CWRs in contributing to the safety of food Mitigating the negative effects of agri- wild habitats.60 of animal origin. The data cover cultural production on natural resources, the regulation of feed resources, such as , water and resources, • Sustainable use of plant genetic including standards for the pro- is one of the biggest challenges facing resources. These data measure the duction, composition and safety agriculture today. Not only are these regulations that either promote or of feed. They also cover labeling resources required for sustaining pro- inhibit the increased use of genet- requirements for animal feed and duction, but their careful maintenance ically diverse , the possibility the accreditation of feed testing is essential for global food production to of commercializing of land- laboratories. match population growth. So regulations races,61 and the rights granted to that facilitate increased agricultural pro- farmers over farm-saved seeds. Livestock genetic resources. Only 23 duction while adhering to environmen- countries regulate breeding activities, tal good practices can enable farmers • Access to plant genetic resourc- and fewer than half have a comprehen- around the world to produce more with- es. These data measure the rules sive breeding law that covers breed out depleting resources. of access applicable to germplasm improvement (genetic evaluation and held publicly by gene banks or by performance testing), new breed regis- As a result of the Green Revolution, plant communities. tration (herd bookkeeping and pedigree genetic diversity has declined among certificate) and recognition of breeding domesticated species since 1960, par- • Regulation of agricultural activi- organizations (registration and accred- ticularly the intraspecies diversity in ties. These data measure whether itation). Of the 40 countries surveyed farmers’ fields and farming systems. The good agricultural practices are pro- only 17 have a with function- main cause of this is the moted through such laws and reg- ing cryogenic storage capacity. Of the 23 increased use of improved seed variet- ulations as promoting cover crops, countries that do not have a gene bank, ies instead of more genetically diverse siting livestock operations relative 18 are low-income or lower-middle-in- local varieties.56 But the development of to water sources and creating buf- come countries. Bosnia and Herzegovina, improved seed varieties relies on the use fer zones between agricultural Chile, Greece, Jordan and the Russia are of genes found in local varieties and wild and water sources. the only high-income and upper-mid- relatives of domesticated crops. Without dle-income countries without a national the genes from these crop wild relatives • Integrated water resource man- gene bank. (CWRs), many useful traits would not agement. These data measure exist in today’s improved seed varieties.57 whether water resources are Animal disease prevention and vet- managed in an integrated way at erinary inputs. The cost associated for Water is another crucial the watershed level or, for trans- submitting an application package for to sustainable agricultural production but boundary water management, registration and market authorization is under increasing pressure from inten- through bilateral or multilateral low in Nepal, at only $2, while in Greece sified agricultural production and the structures. it is high, at $16,500.55 The time regula- associated pollution.58 By 2030 there will tors take to review such applications and be a deficit of 40% between expected • Monitoring water resources. issue a decision also varies greatly. In the water withdrawals and existing supplies, These data measure the quantity Kyrgyz Republic it takes only 3 days for and this will reach 50% for a third of the and quality of water monitoring for authorities to review a dossier and issue world’s population, mostly in developing both surface and groundwater. Spe- a decision, whereas in West African Eco- countries. Adopting policies and legisla- cifically, the data report on water nomic and Monetary Union (UEMOA) tion that address growing water scarcity resource inventories and water countries it can take up to 400 days and is essential for agriculture, which takes quality standards. in Tanzania 548 days. 85% of water withdrawals in developing countries. Some interesting results were collected Safety of animal feed resources. this year in 29 EBA countries62 to set the While most EBA countries regulate feed EBA environment indicators measure foundation for further indicator develop- resources, coverage of different focus laws and regulations that safeguard the ments next year. areas prescribed by international guide- long-term availability and use of natural lines is limited. Of the 35 countries that resources for agricultural production. Conservation of plant genetic resourc- regulate animal feed resources, only 15 es. All 29 countries have a national plan address all four areas included in the • Conservation of plant genetic for the conservation and sustainable Codex Alimentarius Code of Practice for resources. These data measure use of biological diversity, including Good Animal Feeding, while 33 address the regulations and institutions for plant genetic diversity.63 Among them, at least one of the four areas. Burundi, conserving plant genetic resourc- only 13 have established a national plant Ghana, Lao PDR, Rwanda and Uganda es. conserves inventory specifically documenting are the five countries that do not regulate outside landraces or crop wild relatives of cul- animal feed resources. their natural habitats, while in situ tivated plants. For ex situ conservation, 68 ENABLING THE BUSINESS OF AGRICULTURE 2016

all countries studied report having func- Regulation of agricultural activities. address the quality of water for domestic tioning gene banks or collection sys- Regulation or policy guidance on good use rather than for irrigation (the case in tems. But while all EBA countries in East agricultural practices can transform only 11 of those countries). Asia and the Pacific, Europe and Central production methods and contribute to a Asia and Latin America and the Carib- more environmentally sustainable agri- bean regions have gene banks set by culture in the long term. Among EBA Gender law, only one-third of the Sub-­Saharan countries 10 have laws or policies provid- countries and none of the South Asian ing for a minimum distance of separation Women make up 43% of the global agri- and Middle Eastern and North African between any livestock facility and nearby cultural workforce, with large region- countries do. surface water bodies. Sixteen address al and national variations.69 Yet due to the establishment of buffer zones adja- constraints that prevent them from fully Sustainable use of plant genetic cent to agricultural land to prevent nutri- participating in agricultural value chains, resources. Informal seed systems must ent run-off into surface water bodies. they continue to be unrecognized as be retained alongside formal seed sys- And 15 regulate laws or policies address- farmers, producers and agropreneurs.70 tems, given the significant contribution ing cultivation and irrigation on steeply They have less decision-making power of informal seed systems to genetic sloping . Europe and Central Asia is over basic assets, inputs and services, diversity and the ability of both to com- the only region where more than half of including land, livestock, labor, technol- plement each other.64 All countries have the surveyed countries have policies or ogy, education, extension and financial seed laws that focus predominantly laws addressing the use of cover crops.66 services. Due to their remote location on formal seed systems and most are and lack of formal education, they have silent on the production and commer- Integrated water resource manage- less direct access to markets. cialization of landraces. One exception ment. Eighteen surveyed countries have is the European Directive 2008/62 (for laws establishing watershed commis- If women had the same access to pro- the protection of crops threatened by sions, which enable integrated manage- ductive resources as men, they could genetic erosion and adapted to region- ment of the upper and lower parts of a increase yields on their farms by al and local conditions), implemented watershed.67 All mainland countries 20–30%. That could raise total agricul- by Denmark, Greece and Spain, which surveyed have transboundary water tural output in developing countries and formally establishes specific proce- resources, and all are signatories to reduce the number of hungry people in dures to market landraces. Twenty-one regional or bilateral agreements for their the world by 12–17%.71 Yet recent stud- countries have laws that allow farmers management and use. While most of ies in Africa have shown that, even with to save and use harvested seeds of an the transboundary agreements establish equal access to improved seed and fertil- improved variety. Uganda also allows authorities to address cost and benefit izer, yields of women farmers are lower the exchange of those seeds among sharing,68 Chile, Denmark and Turkey than those of male farmers. So other farmers. And four countries allow those do not have a separate management factors beyond access can influence seeds to be saved, used, exchanged and authority for such . the effectiveness of these resources for sold. women, such as legal restrictions, lack Monitoring water resources. Monitor- of information, social norms, market fail- Access to plant genetic resources. ing surface water and groundwater avail- ures and institutional constraints.72 Breeders and farmers often rely on ability can avoid and be genetic material found in other coun- used to develop early warning systems Reforming laws that directly affect wom- tries to develop new varieties, so genetic for shortfalls and to design mitigation en’s capacity to own and manage prop- resources must be shared to sustain food measures. Nineteen EBA countries have erty, conduct business, open accounts production and overcome diseases and laws that require monitoring both the in own names and otherwise use public climate change. Globally 18 countries quality and quantity of surface water institutions and services increases wom- have a law that regulates access to plant and groundwater by a national authori- en’s economic empowerment and par- genetic resources. In Latin America and ty. Most EBA countries (26 of 29) have ticipation in agricultural value chains.73 the Caribbean access is subject to the national inventories for surface water In 155 countries laws treat women dif- issuance of a permit. In 7 EBA countries and 21 for groundwater. In total, 14 coun- ferently from men, and in 100 countries the conditions applicable to the issu- tries (Bangladesh, Colombia, Denmark, women face gender-based job restric- ance of those permits differ for national Ethiopia, Greece, Jordan, Kenya, Mozam- tions.74 In Russia a woman cannot drive and foreign applicants. The Internation- bique, the Philippines, Poland, Russia, a truck carrying agricultural produce­—­a al Treaty on Plant Genetic Resources Uganda, Vietnam and Zambia) share all constraint relevant to EBA since one of for Food and Agriculture requires its four good practices­—­laws requiring both the indicators looks at market access members to facilitate access to crops surface water and groundwater monitor- and operations for trucking service com- identified as the most relevant to human ing and national inventories for both sur- panies. Some countries restrict wom- consumption.65 Twenty-two EBA coun- face water and groundwater. Twenty-two en’s ability to be considered a head of tries are signatories, but only Jordan, EBA countries have laws that establish an household, which can prevent them from Kenya, Morocco, Poland, Spain, Tanzania authority to develop stan- getting financial assistance or becom- and Zambia have satisfied this specific dards, and 25 countries legally set these ing part of decision-making bodies, requirement. standards. But the standards typically like water user associations or farmer EBA TOPICS UNDER DEVELOPMENT 69

cooperative boards, two areas measured regulations to operate limit the prod- activities—­ improving­ economic devel- by EBA indicators. Not getting finance ucts and services offered by agricultural opment and social welfare.77 prevents women from overcoming the resource and service providers leading to initial costs of entering certain value higher prices, again hurting women more Interesting insights can emerge by ana- chains­—­the costs can be in money or because they have less capital and fewer lyzing EBA data with other gender spe- time. Not being part of decision-making assets. A lack of input dealers and finan- cific datasets. EBA data supports the bodies means that policymakers may cial services in remote locations can be finding that there is a positive relation- not address women’s specific issues a constraint for many women producers ship between regulations that allow bank and constraints. In some countries laws who want to engage in business activi- agents and mobile money and increased restrict married women’s ability to travel ties but cannot afford to travel to major account ownership among men and outside the home, register a business or cities. women in rural areas (figure 8.1).101 Eas- open a bank account.75 ing market entry and operation require- How can EBA indicators be used to ments for microfinance institutions and Beyond direct legal discrimination some regulate agribusiness inclusively? credit unions could help provide financial rules and regulations can hurt women services to women without access due more because they typically have less EBA indicators address constraints to bank lending policies. And expanding access to information, greater restric- women in agribusiness (table 8.1). Gov- women’s ability to use different types of tions of time and capital and more con- ernments could implement laws and reg- movable goods as collateral, including straints to institutional access.76 High ulations to directly or indirectly enhance warehouse receipts, could increase their costs of market entry and burdensome female participation in economic chances to secure a loan.

TABLE 8.1 EBA topic areas focus on constraints relevant to women’s participation in agribusiness

EBA TOPIC SPECIFIC CONSTRAINT FOR WOMEN

Fewer than 20% of landholders worldwide are women. They often face legal constraints in owning and inheriting land, LAND which often disadvantage them when claiming land after a divorce or the death of a husband or father. In 35 countries the law treats female surviving spouses differently from male spouses.78 Beyond the direct legal discrimination, burdensome and opaque land administration procedures increase the cost and time to register transfers of ownership for both men and women—though this can be more prohibitive for women, who generally have less time and capital. In Ethiopia, Ghana and Rwanda women’s lack of land tenure security could be one reason for the lower productivity of their agricultural plots.79 EBA land indicators aim to improve regulations on tenure security and ease restrictions on land right transfers. Women’s limited access to water for agriculture is linked to their limited access to land and inheritance rights. As a WATER result of insecure land rights, women can be marginalized in water user associations and farmers’ organizations, which often formalize farmer access to water. In many instances restrictions for association membership are based on land ownership, and membership is limited to the head of the household only.80 Such bylaws exclude women since many women do not own land and men are the heads of households. Women can also be barred from decision-making positions within such organizations, based on the same discriminatory restrictions. But it is important for women to be on the boards of user associations and farmers’ organizations since they can inform gender-sensitive water management practices.81 EBA water indicators address the legal frameworks that enable water user associations to make decisions affecting all users of water and irrigation in the country.

(continued) 70 ENABLING THE BUSINESS OF AGRICULTURE 2016

TABLE 8.1 EBA topic areas focus on constraints relevant to women’s participation in agribusiness (continued)

EBA TOPIC SPECIFIC CONSTRAINT FOR WOMEN

Many countries struggle with low use of agricultural inputs, reducing farmers’ productivity and livelihoods. But women SEED, FERTILIZER face unequal access to inputs due to several factors, including a lack of credit, property ownership and appropriate AND MACHINERY extension services. In other words, gender differences in access to land and credit cause gender differences in access to inputs. Female-headed households are less likely to use fertilizer than male-headed households, with differences ranging from 25 percentage points to 3 percentage points. The same goes for machinery use between men and women, from 20 percentage points to less than 1 percentage point across countries.82 In addition to using fewer inputs, women tend to use lower quality inputs, either due to capital constraints or a lack of information. And women tend to use inputs incorrectly more often than men do. This is partly due to the fact that extension services are tailored to men, and women often receive second-hand information or lack access to extension service providers due to cultural norms.83 Insecure land rights and credit constraints mean that women seldom own the land they farm and generally have smaller plots than men. So they have fewer incentives to use agricultural inputs and technology.84 EBA indicators of inputs measure the market constraints for seed, fertilizer and tractors. Regulations that ease the burden on importers and dealers of these inputs can make them more readily available and affordable in remote regions, and thus more accessible to women farmers. Improving the quality control of fertilizer, seeds and machinery is also key to ensuring that increased input use boosts women’s productivity. It can be easier for women to acquire livestock than land, especially poultry and smaller ruminants.85 Rural women LIVESTOCK account for two-thirds of livestock keepers.86 But empirical evidence, national statistics and data on the role of women in livestock value chains are scarce, making it difficult to draw conclusions on the specific constraints women face in the livestock sector. Women have fewer rights of ownership over livestock and its means of production in Sub- Saharan Africa and the Middle East and North Africa regions. They have more control over animals in Latin America and the Caribbean and East Asia and the Pacific.87 Other gender-specific concerns for women in livestock production or service provision include cultural norms, unequal control over production and access to information on disease prevention.88 EBA livestock indicators measure factors affecting the supply, safety and quality of animal production inputs. They also focus on the existence and quality of specific infrastructure such as gene banks, testing laboratories and databases. The legal framework surrounding animal genetic resources and food security can benefit women livestock keepers. The share of female farmers who have access to credit is, on average, 5 to 10 percentage points lower than for male FINANCE farmers. Women face discriminatory legal provisions or bank practices dictated by cultural norms, which require women to seek the approval of a male guardian before their loan application can be processed. And when credit requires collateral, women are disadvantaged relative to men because they have less land to secure a loan.89 In addition, delivery channels of financial services may inadequately serve women, especially in rural areas.90 EBA finance indicators measure laws and regulations for microfinance institutions, credit unions and branchless banking such as agent banking and electronic money. The indicators account for alternative sources for movable collateral, such as warehouse receipts. All five can help improve financial inclusion and the access women have to financial resources. Transport services and the quality of roads enable those in rural areas to reach markets, purchase inputs and sell TRANSPORT goods. The cost of transport and lack of affordable options can be a particular constraint for women. In addition to their lack of capital to procure these services, the lack of service providers can also increase the time they have to spend working outside the home.91 EBA transport indicators look at constraints on the market access and operation of trucking companies, including servicing demand using foreign-owned trucks. Removing or reducing these constraints could benefit women by reducing costs of transport and increasing the availability of transport services in a country.

(continued) EBA TOPICS UNDER DEVELOPMENT 71

TABLE 8.1 EBA topic areas focus on constraints relevant to women’s participation in agribusiness (continued)

EBA TOPIC SPECIFIC CONSTRAINT FOR WOMEN

The participation of female producers in agricultural value chains depends on many factors.92 Owning sufficiently MARKETS large parcels of land, which women lack, is often a prerequisite to enter contract farming arrangements with buyers. Women make up a minority of participants in contracted production as diverse as barley and sugar in South Africa, tea and horticulture in Kenya, rice, sorghum and sunflower in Uganda and French beans in Senegal.93 With limited access to credit, female producers can also be constrained in their capacity to invest in better inputs and equipment, which in turn affects their ability to upgrade processes and product to meet buyers’ requirements for quantity and quality.94 The benefits of social capital, such participation in farmers’ cooperatives or professional associations range from facilitating access to inputs and equipment to sharing market information and to strengthening links with buyers.95 Women are less likely to participate in farmer-based organizations and female leadership is even rarer.96 Social norms, time constraints and high membership fees may limit women’s willingness and capacity to participate. Reducing the transaction costs of obtaining the documents required for export, such as phytosanitary and quality certificates, can help resource-constrained producers, especially female farmers. Lowering the fees to join professional organizations such as commodity boards or acquire mandatory licenses can also facilitate female producers’ access to social capital and marketing opportunities. And enabling regulations for cooperative creation and growth can help women leverage collective action in agricultural production and marketing. The positive impact of ICTs on farmers’ access to production and marketing information and services—potential ICT and real—is well documented.97 It also raises hope for addressing the information needs of women farmers for new farming practices, crop management, market prices and marketing opportunities.98 But women are less likely than men to own a mobile phone, for example.99 They have less access to ICTs because of illiteracy, cultural attitudes against women’s access to technology and a reluctance to patronize cyber cafés, often owned and visited by men.100 Rural women may also lack access to ICT infrastructure, such as mobile phone networks, outside the main urban centers. EBA ICT indicators investigate licensing regimes and regulations for service provider operations that affect the availability of ICT services in the country—and government strategies and initiatives to increase access and use of ICT services in rural areas. Indicators of e-extension services can help in analyzing the ICT-supported provision of agriculture-relevant information, such as weather forecasts and market prices, for the benefit of both women and men.

FIGURE 8.1 More people have bank accounts in countries that allow branchless banking

Account at a financial institution, female (% age 15+)

Account at a financial institution, male (% age 15+) 63.5 53.9

36.8 29.4 26.8 22.7 23.6 25.0

Agent banking and e-money Agent banking allowed, E-money allowed, agent Agent banking and e-money not allowed e-money not allowed banking not allowed allowed

Sources: EBA database; Global Findex Database 2014. 72 ENABLING THE BUSINESS OF AGRICULTURE 2016

Notes 14. USAID Land Tenure and Resource 30. Doing Business database. Management Office 2013. 1. For information about areas cov- 31. FAO 1996; FAO 2002. ered by the ICT and land indicators 15. Coudouel and Paternostro 2006. during the first year of the EBA proj- 32. FAO 2002; FAO 1996; Schoengold ect please visit the website: http:// 16. Besley 1995. and Zilberman 2007. eba.worldbank.org. 17. Coudouel and Paternostro 2006. 33. Vapnek and others 2009. 2. Ogutu, Okello and Otieno 2014. 18. Committee on World Food Security 34. Alternatively known as irrigation 3. The UN Broadband Commission 2012. associations, user associations, or study of 165 countries between water user organizations, WUAs 2001 and 2012 showed that coun- 19. Knight 2010. may be defined as “nongovernmen- tries with stronger competition had tal organizations that farmers and average broadband penetration 20. Idem. other water users form to manage 1.4% higher for fixed line broadband an irrigation system at the local or and up to 26.5% higher for mobile 21. Feder and Tongroj 1987. regional level (Vapnek and others broadband than noncompetitive 2009). markets (Broadband Commission 22. Deininger 2003. 2013). 35. Ausness 1983. 23. Idem. 4. Under an individual licensing regime 36. Many of these countries undertook every service provider is required to 24. Lerman, Csaki and Feder 2002. reforms in the past 50 years to cre- obtain a separate individual license ate formal permit systems (Van in order to offer a specific service 25. Crabtree-Condor and Casey 2012. Koppen and others 2014). using specific technologies. Exact definitions vary across countries. 26. DUATs obtained through occu- 37. Ausness 1983. Compare also with terminology in pancy are perpetual, while DUATs InfoDev and International Telecom- obtained by grant are limited to 50 38. Van Koppen and others 2014. munication Union 2015a. years. 39. Van Koppen and others 2014. 5. General authorization regimes pro- 27. In Tanzania customary rights of vide greater flexibility than individu- occupancy can be perpetual, though 40. The case study used for purposes al licenses. They are technology and they are customarily administered. of data collection involved a mixed service neutral and providers meet- Granted rights of occupancy are subsistence and commercial farm ing certain minimum requirements limited to 99 years. It should also on a 2 hectare plot, with more than are permitted to offer a wide range be noted that a separate land gov- 30 years of similar use of water. of telecommunication services. ernance regime exists in Zanzibar. 41. ICWE 1992. 6. InfoDev and International Telecom- 28. Land holders in Mozambique are munication Union 2015. prohibited by Article 109 of the 42. Briscoe 1996; Johansson and others Constitution from mortgaging land, 2002; Rogers and others 1998. 7. World Bank 2011. though they can mortgage any improvements to the land. 43. Data on water fees were not collect- 8. Mobile operators typically contrib- ed this year. ute a percentage of their gross reve- 29. When used in this context, “notori- nue to a universal access fund. ous” is a legal term of art. It means 44. Garces-Restrepo and others 2007; that it is well known that the person Groenfeldt 2000; Salman 1997; 9. InfoDev and International Telecom- is in possession of the land. In the Vapnek and others 2009. munication Union 2015; Interna- context of “adverse possession” in tional Telecommunication Union most legal systems the possession 45. Vapnek and others 2009; Hodgson (ITU) 2013. must fulfill five elements: 1. Open 2009. (not hidden) 2. Exclusive (others are 10. Ladcomm Corporation 2013. not also in possession) 3. Notori- 46. Hodgson 2009. ous (well-known) 4. Adverse (con- 11. Ogutu, Okello and Otieno 2014. trary to the legal interests of a third 47. Steinfeld and others 2006. party) 5. For a statutorily stated 12. Qiang and others 2011. duration of time. Here, because the 48. IAASTD 2009. land does not belong to a third party 13. Cotula, Quan and Toulmin 2006. the 4th element is dropped. 49. FAO 2009a. EBA TOPICS UNDER DEVELOPMENT 73

50. FAO 2015. Lanka; Sub-Saharan­ Africa—­ Burkina­ 78. Women, Business and the Law Faso, Burundi, Côte d’Ivoire, Ethio- database. 51. Thornton 2010. pia, Ghana, Kenya, Mali, Mozam- bique, Niger, Tanzania, Uganda, 79. World Bank and ONE 2014. 52. FAO 2010a. Zambia. 80. FAO 2002. 53. Lamb and others 2013. 63. All 29 countries are parties to the Convention on Biological Diversity 81. Idem. 54. FAO 2012a, 2012b. (CBD) and have adopted a National Strategy Plan (NBSAP). 82. World Bank 2011a. 55. The World Organization for Animal The CBD reports that most CBD Health (OIE) requires that countries member countries (94%) have 83. World Bank and ONE 2014. provide information on animal dis- adopted such plans; https://www eases, but this is only for notifiable .cbd.int/nbsap/. 84. World Bank 2011a. diseases. 64. Louwaars, de Boef and Edeme 2013. 85. Njuki and Miller 2012. 56. FAO 1997. 65. The International Treaty on Plant 86. FAO 2012c. 57. Louwaars and de Boef 2012. Genetic Resources for Food and Agriculture facilitates the exchange 87. See “Women Livestock Managers in 58. Resulting among others from the and conservation of plant genetic the Third World: a focus on techni- over-application of chemical or materials, as well as the fair sharing cal knowledge” at http://www.ifad organic fertilizers. of benefits from their use. To ensure .org/gender/thematic/livestock easy access to those crops that are /live_ap2.htm. 59. FAO 2009b. most relevant to human consump- tion, it created the Multilateral 88. FAO 2012c. 60. In-situ conservation also includes System (MLS) of Access and Ben- the conservation of traditional and efit Sharing for seeds. Appendix 1 of 89. Quisumbing and others 2014. locally adapted varieties of crops the ITPGRFA identifies the priority on farm (referred to as on-farm crops that are important for food 90. Dermish and others 2011 conservation). security and on which countries are interdependent (FAO 2009b). 91. World Bank 2011a. 61. Landraces and crop wild relatives are generally genetically diverse and 66. FAO 2010b. 92. Rubin and Manfre 2014. therefore are important for plant genetic resources for food and agri- 67. FAO 2007. 93. Idem. culture. Landraces are domesticated plants that have developed unique 68. UN-Water 2008. 94. Idem. characteristics through repeated in situ grower selection and thus 69. FAOSTAT database. 95. Meinzen-Dick and others 2014. are often closely associated with a specific geographical location and 70. World Bank 2011a. 96. Idem. traditional farming systems. Crop wild relatives are undomesticated 71. FAO 2011. 97. World Bank 2011b. species that are closely related to crops and whose traits are of poten- 72. World Bank and ONE 2014. 98. World Bank 2015b. tial benefit for crop improvement (Maxted and others 2013). 73. FAO 2011; Quisumbing and others 99. Quisumbing and others 2014. 2014; World Bank 2007. 62. The EBA country sample for envi- 100. World Bank 2011b. ronmental sustainability includes 74. For the latest data, see: http://wbl the following 29 countries: East Asia .worldbank.org. 101. Allen and others 2012. and the Pacific—­ Cambodia,­ Lao PDR, the Philippines, Vietnam; Europe and 75. World Bank 2015a. Central Asia—­ Denmark,­ Greece, References Poland, Russia, Spain, Turkey; Latin 76. Simavi, Maul and Blackden 2010. America and the Caribbean—­ Bolivia,­ Allen, F., A. Demirgüç-Kunt, L. Klapper Chile, Colombia; Middle East and 77. World Development Report 2012; and M. S. Martinez Peria. 2012. North Africa­—­Jordan, Morocco; World Bank 2011; World Bank and “Foundations of Financial Inclusion.” South Asia—­ Bangladesh,­ Nepal, Sri ONE 2014. Policy Research Working Paper 74 ENABLING THE BUSINESS OF AGRICULTURE 2016

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