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WB. 2005. Gender Issues and Best Gender Issues and Best Practices in Land Administration Projects A Synthesis Report June 2005 Prepared for Gender and Rural Development Thematic Group (PREM/ARD) and the Land Policy and Administration Thematic Group (ARD) of The World Bank Table of Contents Acknowledgments v Acronyms vii Executive summary ix •Why does gender matter in land projects? ix • Priority gender issues in land administration projects x 1. Introduction 1 2. Why does gender matter for land policy? Theory and evidence 3 • Gendered economic and social benefits of land rights 3 •Regional challenges to gender equity in land policy 5 3. Actors in the struggle to improve women’s land rights 11 • State institutions 11 • Labor organizations 12 •Legal aid organizations 13 • Customary institutions 13 •Women’s organizations 14 • Donor organizations 14 4. Priority gender issues in land administration projects 17 • Intrahousehold legal and customary rights 19 • Identification of property holders 26 • Methodology for gender-disaggregated field assessment of land rights 31 • Adjudication and registration processes 32 • Education, training, and communication 35 iii 5. Lessons learned and recommendations 41 •Legal foundation 41 • Identification of property right holders 42 • Research 42 • Adjudication and registration processes 43 • Education, training, and communication 44 Appendix 1: Summaries of country case studies 47 Appendix 2: Case study methodologies 55 Appendix 3: Sample template for gender-specific baseline social 57 assessment Appendix 4: Sample gender-specific indicators for monitoring and 59 evaluation of World Bank land administration projects Appendix 5: Sample questionnaire for data collection for baseline 59 and impact evaluation Endnotes 83 Bibliography 85 List of Figures •Figure 1: Conceptual framework for potential effects of the formalization 4 of women’s property rights in land •Figure 2: Primary land administration activities related to gender issues 17 •Figure 3: Land distribution, by gender of household head, in Azerbaijan 21 •Figure 4: Amount of land titled, by gender and farm type, in Bolivia 22 •Figure 5: Registration documents in Ghana 32 •Figure 6: Field adjudication and survey of boundaries, World Bank Land Management and Administration Project in Cambodia 34 •Figure 7: Training of registration staff in Kazakhstan 37 •Figure 8: Participation in information meetings, by gender, Lao PDR Land 38 Titling Project •Figure 9: Information campaign in Peru 39 •Figure 10: Participation in land adjudication in Lao PDR 39 List of Tables •Table 1: Forms of property ownership 20 •Table 2: Location of land, by gender of registrants, in Ghana 23 iv Table of Contents Acknowledgments This report was prepared under the direction of Eija Pehu World Bank Gender Focal Point for the Southeast (Task Team Leader, Agriculture and Rural Development Asian Region; Nalinthone Phonyaphanh and Viengkeo Department), by Renee Giovarelli, Susana Lastarria- Phetnavongxay from the Lao PDR World Bank office; Cornhiel, Elizabeth Katz, and Sue Nichols (consultants), Chris Lunnay and Peter Cox of LandEquity; Jane under the aegis of a joint partnership between the Gender Davies, Director of the Australian Agency for Interna- and Rural Development Thematic Group and the Land tional Developent, Lao PDR; and Keith Bell, World Policy Thematic Group. The guidance, process oversight, Bank Task Manager. and feedback provided by the members of the Task Team Gratefully acknowledged are the comments and (John W. Bruce, Klaus W. Deininger, Nora Dudwick, Lu- suggestions from the following people during the cia Fort, Jorge A. Muñoz, A. Waafas Ofosu-Amaah, An- preparation of this report: Frank Byamugisha, Michael drea Silverman, and Wael Zakout), and the support and Carter, Kevin Cleaver, Carmen Diana Deere, Gershon insight given by the leadership of the Land Policy The- Feder, Sushma Ganguly, Renate Kloeppinger-Todd, matic Group (Edward C. Cook and Isabel Lavandez Anne Kuriakose, Nwanze Okidegbe, Rogier J. E. van Paccieri) are gratefully acknowledged. den Brink, and Liz Alden Wiley. Also acknowledged Additionally, for help within each country, addition- are Arunima Dhar for technical comments and for fa- al materials, and support with data, field logistics, and cilitating the study, and Sanjiva Cooke and Melissa input, the following people are acknowledged: Azer- Williams for their help with the logistics and produc- baijan—T. Sampath; Rufiz Chirag-Zade and Saida R. tion of the report. The editing and formatting of the re- Bagirova of the World Bank country office; and Gyula port were carried out by Christine Cotting and Upper- Nadjafova, Rena Ibragimbekova, and Rasim Ramaz- Case Publication Services, Ltd. Veronica McGinn, anov of Sigma Research. Bolivia—Daniela Camacho Centre for Property Studies at the University of New of INRA, and Rosario Salazar. Ghana—Charles Bo- Brunswick, coordinated the process of the study and akye and Edward Dwumfour of the World Bank coun- the project team appreciates her ongoing assistance try office; Rebecca Sittie, Head Land Registrar; and and the work of research assistants Sarah Hilliker, Gio- Michael Forsen of the Land Registry Office. Lao vanna Limongi, Olena Sloan, and Jennifer Sturdy. PDR—James Chamberlain, consultant; Gillian Brown, v Acronyms ARD Agriculture and Rural Development Department AUSAID Australian Agency for International Development CEDAW Convention on the Elimination of All Forms of Discrimination against Women CEPES Centro Peruano de Estudios Sociales (Peruvian Center of Social Studies) CIDA Canadian International Development Agency CONTAG Confederação Nacional dos Trabalhadores na Agricultura (National Confederation of Agricultural Workers) FIDA-Kenya International Federation of Women Lawyers-Kenya FSU Former Soviet Union GRID Gender Resource Information and Development Center INCRA National Institute of Colonization and Agrarian Reform INRA Instituto Nacional de Reforma Agraria (National Institute for Agrarian Reform) LTP Land Titling Project LTP1 First Land Titling Project LTP2 Second Land Titling Project NGO nongovernmental organization PESANTEch Paralegal Education Skills Advancement and Networking Technology PETT Programa Nacional de Titulación de Tierra TAWLA Tanzania Women Lawyers Association UN United Nations UNIFEM United Nations Development Fund for Women All dollar amounts are U.S. dollars unless otherwise indicated. vii Executive Summary This report is a synthesis of information gleaned from But land is a particularly critical resource for a four case studies of World Bank-financed land pro- woman when the household breaks down—that is, for grams in Azerbaijan, Bolivia, Ghana, and the Lao example, in the event of male migration, abandon- People’s Democratic Republic. (See appendix 1 for ment, divorce, polygamous relationships, or death. In summaries of these case studies.) The case studies both urban and rural settings, independent real proper- were designed to both broaden and deepen our under- ty rights under these circumstances can mean the dif- standing of how land policies affect women and men, ference between dependence on natal family support with an aim to applying this knowledge in very practi- and the ability to form a viable, self-reliant, female- cal ways to World Bank-supported land projects. The headed household. Indeed, women’s land rights within case studies are essentially program evaluations fo- marriage may afford them greater claims on the dispo- cusing on how each project approached gender issues, sition of assets upon divorce or death of the husband, what the gender-differentiated issues are in terms of as Fafchamps and Quisumbing (2002) found to be the project participation and benefits, and what lessons case in rural Ethiopia. can be learned from these diverse experiences. (See In addition to the direct economic benefits of land appendix 2 for a discussion of the methodology used ownership, property rights may serve to empower in preparing the case studies.) women in their negotiations with other household members. Even beyond increasing bargaining power Why Does Gender Matter in within the household, land rights may empower indi- viduals to participate more effectively in their imme- Land Projects? diate communities and in the larger civil and political Land ownership confers direct economic benefits as a aspects of society. From a gender perspective, facili- key input into agricultural production; as a source of tating women’s greater participation in these extra- income from rental or sale; and as collateral for credit household institutions has both the value of diminish- that can be used for either consumption or investment ing male dominance of community-level decision purposes. However, women may not fully participate making and the benefit of building up women’s orga- in these benefits as members of a household if they do nizational skills, social networks, and social capital. not share formal property rights over the land; only in- Women with property rights are more likely to be ac- dependent or joint ownership can ensure that women tive members of their communities, and as a result, have access to control over land-based earnings. For- community institutions themselves are more likely to mal rights to land for women can have an impact on be responsive to the needs of women. intrahousehold decision making, income pooling, and Although the basic principles of the direct and in- women’s overall role in the household economy. direct benefits of independent land rights for women ix are global
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