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Engendered Land Administration System – Mysore Slums Upgrading

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Engendered Land Administration System – Mysore Slums Upgrading Engendered Land Administration System – Mysore Slums Upgrading Serah Kabui Kahuri March, 2010 Engendered Land Administration System – Mysore Slums Upgrading by Serah Kabui Kahuri Thesis submitted to the International Institute for Geo-information Science and Earth Observation in partial fulfilment of the requirements for the degree of Master of Science in Geo-information Science and Earth Observation, Specialisation: Geo-information Management/Land Administration Thesis Assessment Board Chairman: Prof. Dr. J.A. Zevenbergen (ITC, Enschede) External Examiner : Dr. K. Pfeffer (UVA, Amsterdam) First Supervisor : Dr. G. Miscione (ITC, Enschede) First Supervisor : Dr. J.A. Martinez (ITC, Enschede) Member: Ir. M.C. Bronsveld (ITC, Enschede) INTERNATIONAL INSTITUTE FOR GEO-INFORMATION SCIENCE AND EARTH OBSERVATION ENSCHEDE, THE NETHERLANDS Disclaimer This document describes work undertaken as part of a programme of study at the International Institute for Geo-information Science and Earth Observation. All views and opinions expressed therein remain the sole responsibility of the author, and do not necessarily represent those of the institute. Abstract The debate on gender in land matters has received much attention from the academic community and international organizations. Land rights (access and control) are supposed to empower people; but conferring a title to the male head of a family has been found not to benefit women and children. In this light, a lot of initiatives and efforts at international level have been put into place to improve the delivery of land rights equitably. This has been done through Constitutional reviews, land policy reforms, change in organizational institutions and public awareness campaigns. By integrating Gendered Land Tools (GLTs), Land Administration Systems (LAS) become engendered, and progress has been noted like the issuance of joint titles. Using a comparative approach and Gendered Land Tools, this research used two slums to investigate whether engendered LAS actually deliver women‘s land rights. The research also investigated whether the land rights included both access and control of the landed property. The findings indicate that in Mysore, the engendered LAS delivered partial rights to slum dwellers in both slums; access land rights. These partial rights are delivered to family members who happen to be present at the time of regularization. Women who join such families later through marriage have no access or control to land rights; they have use rights only. It was found that even with engendered LAS in place, institutional practices such as delayed up-dating of the slum land registry records have contributed towards denying married women access to land rights. Key words: Gender, Engendered LAS, Engendered Implementation, Delivery of land rights, Access, Control, Land reforms, i Acknowledgements Many people and organizations have provided support, professional guidance and feedback in the course of preparing for this thesis. I would like to acknowledge the support I received from the Government of Kenya for granting me study leave to allow me to pursue this course and the Government of the Netherlands under the Netherlands Fellowship Programme (NFP) for providing the funding to facilitate this study. I would like to acknowledge the support and time that my two supervisors gave me throughout the research period; Dr. G. Miscione and Dr. J.A. Martinez. I would to thank Prof. Dr. Ing. P.Y. Georgiadou for accommodating us in the ―open source MUG +‖ meetings. We gained a lot of experience in diverse ways. I appreciate I would like to thank Dr. A.M. Tuladhar for his insights on gender issues which he shared many times. I am grateful to Drs. J.C. de Meijere for saying ―If engendered doesn‘t exist, invent it‖. I am also grateful to Dr Jean-Louis van Gelder for the slum lecture. I would also like to acknowledge the help of the Director of Land Administration Studies (UNU-ITC), Mr Chris Paresi for giving me advice on important contacts in slum issues. I would like to thank Course Director Mr. Kees Bronsveld, Study Advisor Mr. Ir. Walter de Vries, and the module coordinators, Professors and all teaching staff, secretary Mrs. Jacqueline Mol and other supporting staff for taking me through the different aspects of this study. The data collection in Mysore would not have been possible without the assistance of an interpreter. I thank Rukmini and her family for being so accommodating. I also thank Christine Richter and Prassana for their support and guidance while in Mysore. I extend my appreciation to all my ITC children and the ―Global Family‖. The healthy debates we shared on diverse geo-land matters have made this study really meaningful. To my Kenyan family members, Wanjiku, Wangui, Tata Hannah, Rev Karanja, Rev Kamau, Cosmas, Tanui, and Obat. You gave me so much encouragement even when you were so far way. To my dad, thank you for showing the path to enlightenment. I thank Mwene Nyaga. With you nothing is impossible. There are people in Mysore who requested anonymity but gave me so much information. Accept my silent thanks. ii Table of contents Contents 1. Introduction of the Study..................................................................................................................1 1.1. Introduction ..............................................................................................................................1 1.2. Research Problem and Knowledge gap ....................................................................................1 1.3. Main Question ..........................................................................................................................2 1.4. Justification for the study using Mysore ..................................................................................3 1.5. Aim ...........................................................................................................................................4 1.5.1. Hypothesis ........................................................................................................................4 1.5.2. Assumptions .....................................................................................................................4 1.5.3. Objectives .........................................................................................................................4 1.6. Research Matrix: Objectives, Questions and Methods ............................................................6 1.7. Research Scope ........................................................................................................................7 1.8. Prior work on Gender and land ................................................................................................7 1.9. Conceptual Framework ............................................................................................................8 1.10. Research Design ...................................................................................................................8 1.10.1. Fieldwork .........................................................................................................................8 1.10.2. Analysis and Discussion...................................................................................................9 1.11. Structure of the Thesis .......................................................................................................10 2. Conceptual Frame work .................................................................................................................12 2.1. Introduction ............................................................................................................................12 2.2. The Importance of Gender in Land matters ...........................................................................12 2.3. Key Concepts in Land Matters ...............................................................................................14 2.3.1. Introduction ....................................................................................................................14 2.3.2. Land Policy ....................................................................................................................14 2.3.3. Land Management ..........................................................................................................15 2.3.4. Land Administration Systems (LASs) ...........................................................................16 2.3.5. Land Tenure and Tenure Security ..................................................................................17 2.4. Women‘s Land Acquisition ...................................................................................................20 2.4.1. Introduction ....................................................................................................................20 2.4.2. Factors inhibiting Women‘s access to Land and Landed Property ................................21 2.4.3. Initiatives for Enhancing Women‘s Access to Land and Landed Property ...................22 2.4.4. Women‘s Access to Land and Landed Property: Why it is Vital ..................................23 2.5. Empowerment ........................................................................................................................25 2.5.1. Education for Empowerment..........................................................................................25 2.5.2. Employment for Empowerment .....................................................................................26
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