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Legal tools webinar on 'Strengthening women’s voices and participation in land governance: experiences from Tanzania'

A presentation from a webinar discussing how to strengthen women's rights in land governance organised by the International Institute for Environment and Development on 2 February, 2016.

The online seminar was designed for civil society organisations in low and middle-income countries that want to support communities – and women in particular – whose land rights and livelihoods are affected by agricultural projects.

This is an amalgamation of the short introductory presentation by IIED senior researcher Phillippine Sutz, and the main presentations.

These were by Helen Dancer, senior lecturer at the University of Brighton, who gave an introduction to gender issues in agricultural investments, based on her research, and
Naseku Kisambu, of the Tanzania Women Lawyers Association (TAWLA), who discussed her organisation's work to mainstream gender in village land use planning and village bylaws in Tanzania.

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Legal tools webinar on 'Strengthening women’s voices and participation in land governance: experiences from Tanzania'

  1. 1. DOCUMENT TITLE 1 Philippine Sutz 2 February 2016Author name Date Author name Date Partner logo Partner logo Partner logo Philippine Sutz 2 February 2016 Strengthening women’s voices and participation in land governance: experiences from Tanzania Legal Tools Webinar
  2. 2. DOCUMENT TITLE 2 Philippine Sutz 2 February 2016 Context • LSLAs and commercial agriculture: increasing pressures on communities’ rights and livelihoods • Differentiated impacts on men and women • Zoom in: experience from Tanzania
  3. 3. DOCUMENT TITLE 3 Philippine Sutz 2 February 2016 Introduction by Dr Helen Dancer • Impacts of commercial agriculture and LSLAs on women • Field research with Emmanuel Sulle on Sugarcane production in Kilombero District
  4. 4. DOCUMENT TITLE 4 Philippine Sutz 2 February 2016 TAWLA’s experience – Naseku Kisambu • Lack of voices and participation of women on land governance issues at the village level • Tool developed by TAWLA: mainstreaming gender in village bylaws
  5. 5. DOCUMENT TITLE 5 Philippine Sutz 2 February 2016 Strengthening women’s rights in land governance: experiences from Tanzania Dr Helen Dancer University of Brighton IIED ‘Legal Tools’ webinar 2 February 2016 12pm-1.30pm GMT (UK)
  6. 6. DOCUMENT TITLE 6 Philippine Sutz 2 February 2016 Swahili saying and words of a canegrowers’ association chairwoman Kilombero District, Tanzania, April 2014 “Chereko chereko na mwenye mwana” (You have to be part of the dance)
  7. 7. DOCUMENT TITLE 7 Philippine Sutz 2 February 2016Tanzanian legal and policy context Increased momentum towards commoditisation of land for commercial investment and release of capital through land titling. National agricultural policy focuses on large-scale agriculture, especially rice and sugarcane (Kilimo Kwanza, Southern Agricultural Growth Corridor of Tanzania (SAGCOT) and ‘Big Results Now’). Land Act and Village Land Act of 1999 enshrine women’s equal rights to ‘acquire, hold, use and deal with land … to the same extent and subject to the same restriction … as the right of any man’, and other provisions concerning women’s participation in land governance.
  8. 8. DOCUMENT TITLE 8 Philippine Sutz 2 February 2016 What factors affect women’s participation in commercial agriculture and local land governance? Social and economic factors: Individual - socio-economic status within household and community. Household - allocation of land and capital, control over resources and bargaining power within the family, distribution of family labour and time use, relations between and within households. Local context – local norms and laws, customary laws, structures and institutions, local trends in accumulation of land and other capital, labour markets and migration. National context and wider political economy – national laws, structures and institutions, macro-economic factors. At the business level: Local land tenure systems. Type of agribusiness (plantation, contract farming, block farming). Crop type. Gendered division of labour within the business. Working conditions and contracts (permanent, seasonal, casual). Link with global value chains.
  9. 9. DOCUMENT TITLE 9 Philippine Sutz 2 February 2016 Agribusiness case study: Commercial sugarcane production in Kilombero, Tanzania Fieldwork conducted by Helen Dancer and Emmanuel Sulle in Kilombero District in 2014. Kilombero Sugar Company Limited is the largest commercial sugar producer in Tanzania. The company is situated in Kilombero Valley in the SAGCOT project area of south-central Tanzania. It was privatised to Illovo in 1998. It operates on a nucleus estate-outgrower model for the production of sugar. Some villages in the area, including ujamaa (African socialist villages) have been the subject of pilot land titling schemes. Dancer, H. and Sulle, E. (2015) Gender Implications of Agricultural Commercialisation: The Case of Sugarcane Production in Kilombero District, Tanzania. FAC Working Paper 118, Brighton, UK: Future Agricultures Consortium
  10. 10. DOCUMENT TITLE 10 Philippine Sutz 2 February 2016Local landholding patterns 8 10 7 5 2 33 5 3 4 1 1 11 5 10 5 1 2 Purchased Inherited Allocated by village for free Rented or borrowed Settled without permission Other Modes of acquisition of land in Msolwa Ujamaa and Sanje village households (n = 60) Man only Woman only Jointly/Both individually Source: Dancer and Sulle (2015: 15) Note: Land acquired jointly includes land which was purchased, rented or borrowed, settled on without permission or acquired in some other way. Land acquired by both spouses individually includes land which was inherited or allocated by the village for free.
  11. 11. DOCUMENT TITLE 11 Philippine Sutz 2 February 2016 Men and women in the employed workforce Within the sugarcane industry, privatisation, mechanisation and casualisation of the employed labour force has disproportionately affected women’s employment over time. Data source: Dancer and Sulle (2015: 20) 1992 figures from Mbilinyi and Semakafu (1995), 2013 figures from KSCL Human Resources. 4008 495 760 110 4861 228 1259 250344 56 117 49 Men 1992 Women 1992 Men 2013 Women 2013 Employment status in the KSCL workforce by gender in 1992 and 2013 Permanent Seasonal Other non-permanent
  12. 12. DOCUMENT TITLE 12 Philippine Sutz 2 February 2016 Participation in leadership An individual’s socio-economic status, local norms and values, laws and working practices all affect levels of participation of women in leadership roles in commercial agriculture and local institutions. It is time to change the discourse on participation and enable both women and men to be part of the dance.
  13. 13. DOCUMENT TITLE 13 Philippine Sutz 2 February 2016 Sample literature on gender, land and agricultural commercialisation Behrman, J., Meinzen-Dick, R. and Quisumbing, A.R. (2012) ‘The Gender Implications of Large-Scale Land Deals’, Journal of Peasant Studies, 39(1):49-79 Daley, E. (2011) Gendered Impacts of Commercial Pressures on Land, Rome, Italy: International Land Coalition Dancer, H. and Tsikata, D. (2015) Researching Land and Commercial Agriculture in Sub-Saharan Africa with a Gender Perspective: Concepts, Issues and Methods. FAC Working Paper 132, Brighton, UK: Future Agricultures Consortium Doss, C., Summerfield, G. and Tsikata, D. (2014) ‘Land, Gender and Food Security’, Feminist Economics, 20(1):1-23 FAO (2011) The State of Food and Agriculture 2010-11. Women in Agriculture: Closing the Gender Gap for Development, Rome, Italy: Food and Agriculture Organization Whitehead, A. (2009) ‘The Gendered Impacts of Liberalization Policies on African Agricultural Economies and Rural Livelihoods’, in S. Razavi (ed), The Gendered Impacts of Liberalization: Towards “Embedded Liberalism”?, New York, USA: Routledge, pp.37-62
  14. 14. Strengthening women’s participation in governance and administration of Land through village bylaws 2 February 2016
  15. 15. TAWLA’s work towards securing women participation in Land Governance  Situation towards access, control and ownership of land in Tanzania  Decision making processes in Land governance (enabling provisions: The Constitution, the Land Acts no. 4 and 5, the Local Government District Authority Act no 287, the National Land Policy, International Human Rights and policies)  Discriminative and gender blind rules and procedures
  16. 16. Village bylaws Bylaws are rules enacted by an authorized organ to govern its own procedures. In Tanzania, this is provided under the Local Government District Authorities Act of 1983. The village bylaws are made by the village councils mandated by s.106 of the LGDAA. Why TAWLA focused on this… Establish a gender-equitable and participatory regulatory framework.
  17. 17. Features 1. Gender quotas in leadership 2. Men-to-women rotation of leadership 3. 50% of men and women in the council and committees: 4. Specific quorum for Village Assembly Meeting 5. Meetings’ quorum should be equally comprised of men and women
  18. 18. The process TAWLA prepares the principles Consultation at the village; women groups, men,leaders,paralegals Stakeholders ie CSO’s,Academia The government ; local/national The village Council
  19. 19. The process Approval by the Village assembly Village Council The District Council
  20. 20.  Provisions to safeguard women participation in key decision making processes  Generate new knowledge and the demand to safeguard gender in the management and administration of the village Council  Participatory buy in from the community members  Collaboration with the local government Use and reflections
  21. 21. Next steps  Scaling up  Advocacy at the National level to adopt the model bylaw  Review of other exiting bylaws to mainstream gender
  22. 22. THANK YOU!