Challenges To Women’s Access To Natural Resources

Challenges to women’s access to natural resources

Zimbabwe Environmental Law Association [email protected]

Presentation

• Brief on why natural resources? Some of the key natural resources>>

• Challenges to accessing natural resources-the root causes

• Examples of the challenges-sector specific i.e. Forestry and mining

• Models for improving women’s access


However

• The presentation is not a comprehensive look at the challenges in securing women’s access to natural resources

• It only aims to stimulate thought and debate

Zimbabwe Environmental Law Association

[email protected]

Why access to natural resources is important?

• This is redundant but needs to be mentioned again

• Natural resources are intricately linked to livelihoods particularly in the rural areas where most of the Zimbabwean population still resides

• Transformative change debate can only be complete when there is an analysis on the issue of natural resources access and benefit sharing as it relates to gender

• Natural resources are the basis of power. Zimbabwe Environmental Law Association

[email protected]

Why access is important?

• Vulnerability is increased when there is limited/no access-it is difficult to obtain food, accumulate assets and or recuperate from natural or market shocks-Muzarabani floods


What natural resources are we talking about?

• There is an inordinate focus on land.• Other resources include water, minerals,

wildlife and forestry• These are all resources that have the potential

for transformative change with regards to women’s position in society issues pertaining to access and benefit sharing is addressed.


Theoretical basis

• Women in Development Approach• Gender and Development Approach• Question that remains is-has scholarly

recognition of the need to examine power relations led to development agencies and government engaging in legislative and policy reform??


Changes to women’s position has come: slowly


So what are the challenges?

Challenges can be condensed into 3 :

• Law-Constitution• Institutional Set-up• Policy


Forestry

Forestry Act and the Communal Lands Forest Produce Act

• communal dwellers can only access forest produce for subsistence purposes only. For commercial purposes there is need for a licence from the relevant ministry or local authority

• National Environmental Policy & Forest Based Land Reform Policy

• NEP has a specific section on forestry resources-this section lays out provisions for local communities including women to benefit form forest products


Forestry

• FBLRP seeks to make provisions for local communities including women to own plantations or own shares in plantation owning companies

• >>the shortfalls of both policy documents- they have no legal force. They are not backed by Law and therefore not enforceable.

• What about the Indigenization and Economic Empowerment Act?


Mining

• Mines and Minerals Act of 1961 and its various amendments-principle legal instrument on mining in Zimbabwe

• Sect 2 of the Act-Mining rights vested in the State and administered by Ministry of Mines through permits( individuals, coys. & partnerships) >>could generously be interpreted to provide for the participation of women although partnerships are ltd to 6 people


Mining Institutional Set-Up

• Act establishes the Mining Affairs Board-composition=Sec. Of Mines, Undersecretary, Director of Metallurgy, Director of Geological Survey, 2mbrs appointed by the Minister form the Chamber of Mines, one member from CFU, ICAZ and 2 members appointed by the Minister-Women are clearly missing from this Matrix


Water and other natural resources• The same analysis can be applied to other natural

resources- there are clearly no comprehensive provisions for community participation in natural resources management-access+benefit

• Water Act and regulations do not even make reference to gender. at all. Issue productive and primary water usage-women need to negotiate for water through asymmetrical power relations

• Issue of financing within the context of the Indigenisation and Economic Empowerment Act??? In the Context of tendering?? Is the Market Gender Neutral


Other barriers to access

• Finance (although this can be located within policy it is still important to look at singularly)

• There is a misnomer that the ‘Market is Gender Neutral’-it is not-women have little cash income, little social and political capital and no property


Other barriers

• Making people gender aware is not enough-tendency to ‘add gender and mix’

• Will talk of inherent hegemonic tendencies by state structures-local authorities


So what happens?


So what happens?

• In cases of forestry-communities cut down trees and commercialise forest produce without authority

• In the cases of mining-people become artisanal/illegal miners

• Water-people do not obtain water permits for secondary uses

• Wildlife-people poach• In essence-there is conflict. Though it is important to

note that even in some of the cases where communities find ways of accessing natural resources-women still find it difficult to access the same.


Is there a model for enhancing women’s access to natural resources?• CBNRM-Community Based Natural Resources

Management• CAMPFIRE-communities benefit from natural

resources management-proceeds from trophy hunting, culling and tourism

• Shortcomings of CAMPFIRE-communities organised as community based organisations/trusts-legal capacity-

• However, if there is an absence of women’s participation in the formation of these trusts-benefits accruing to women may diminish


Shortcomings of CBNRM model/CAMPFIRE model

• RDC’s benefit more-this particularly became the case when government cut subsidies to RDCs

• However, these challenges do not relate to the model itself and in any case should be viewed as an incremental academic and practical learning curve


• ZELA now trying to replicate CBNRM/ CAMPFIRE/CBO model of development

• Mutoko-Mbire-Chiadzwa• Challenges persist


Quick Fix?• No• Need to look at Policy (which to a large extent has been

done although there are shortcomings in terms of addressing gender)

• Need to look at Law-gives legal force to policies-Constitutional guarantee for the benefit of the marginalised-right for communities (women) to benefit from natural resources

• Institutional set up-Women in key institutions, issues of community trusts-Constitutional Thematic Committee on Land, Natural Resources and Empowerment

• Financing++• Mobilising women-Organising women to engage??


Thank You!


Challenges To Women’s Access To Natural Resources

Documents

Transcript of Challenges To Women’s Access To Natural Resources