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Transcript of Gender related differences in land allocation and tenure-Sariyev_Orkhan_09.08.15
1
Gender related differences in land allocation and tenure and their
implications
Sariyev Orkhan
Matrikel-Nr: 623775
Paper prepared within “Rural Development Policies and Institutions” module
M4901- 430 Seminar Paper
Supervisor: M.Sc. Alexander Nimo Wiredu
30.06.15 (updated in 09.08.15)
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Abstract
Women play an essential role in agriculture. They constitute substantial part of agricultural
labor. When it comes to gaining land rights they face many challenges. In most cases it is
society, religion and other factors that create challenges for them. In many countries there are
laws supporting rights of women, but implementations are always problematic. Customary
tenure system is another factor creating gender related differences in land tenure. There are
current and possible future implications of men favoring land allocation and tenure systems
which have direct effects on poverty, spread of HIV and AIDS, food insecurity, women’s
inability to access credits and etc...
Keywords: gender, land allocation, land tenure, rights
Introduction
“More than 3 billion people –almost half of the world’s population –live in rural areas”
(FAO, 2013, p.1). Agriculture is the main source of employment and income generation in
rural areas. Land is an essential asset in agriculture. Rural people need to have access to be
able to produce, supply food for their family and generate revenue for other expenses. In most
rural areas, people highly depend on agriculture and access to the land and its ownership
determines their economic and social status. There is a general notion that women do not own
land rights as much as men do, whereas, they constitute substantial share of agricultural
workers and are engaged in almost every levels of agricultural activities. The Food and
Agricultural Organization of United Nations (2013) notes that women make significant
contribution to rural economies, but they suffer from reliance on men in order to access
productive resources. Differences in allocation and tenure of land depend on location, society,
religion and some other factors. In many rural areas, women’s access to the land is through the
relationship they hold with men. They work and produce in the lands of their relatives and/or
husbands. In many societies, parents bequeath land inheritance to their son. Thus, FAO
(2011) states that there is documented gender related difference in access to productive
resources.
This paper reviews different literatures and statistics to analyze the level of gender
related difference in allocation and tenure of land. Moreover, we will look into its
implications. First part discusses the role of women and their importance in agriculture, their
share in agricultural labor and importance in many household activities. Secondly, general
information about land allocation and tenure is given and thirdly, the gender related
differences in land allocation and tenure is provided and examples are brought from many
different case studies to support the point. Lastly, current and possible future implications of
current land allocation and tenure systems are discussed. Main attention is given on poverty
reduction, spread of HIV and ADIS, food security, women’s access to credit and etc.
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Women in Agriculture
Women play an essential role in the development of agriculture and rural economies
from different perspectives that will be analyzed in this paper. According to FAO (2011), in
rural areas, women maintain praiseworthy share of labor force in farm level activities and they
are mostly asset-poor. In Sub-Saharan Africa and Eastern and Southeastern Asia, female labor
constitutes respectively around 48% and 46% of the total agricultural labor force. Female
workers comprise 43% of total agricultural workers in developing countries. The share of
female workers in total agricultural labor force has shown an increasing trend over the last
decade.
In Figure 1, we can observe the share of female employment in agriculture for
countries with highest values in 2010. As can be seen from Figure 1, share of female workers
in agricultural sector is pretty high in some countries and those countries like Pakistan and
India are important agricultural countries of the world. We need to consider that there are
some agricultural activities like weeding performed only by women and children in most of
the rural areas. Thus, importance of women in agriculture is emphasized once more.
Figure 1. Female employment by sectors (2010)
In general women, who want to work, face more obstacles than men because of
different societal and religious factors. For example, in Nigerian society women are accorded
a low status; in some parts of world it is believed that their physical capacity is not enough to
work (Uwakwe, 2004). However, women are engaged in same activities like men but, for
most, it is more difficult for women to access resources, services and markets than it has been
for men. From this point of view, we can assume that female farmers are more likely to be
poor. According to the analysis conducted by FAO (2011), it holds true for some countries but
it is other way around in others. Thus, there is no general consensus that female-headed
households are poorer than male-headed households.
In rural areas, women take care of children, prepare food and work in the farm.
Therefore, it can be seen that, women invest a lot of their time on household activities.
0%
10%
20%
30%
40%
50%
60%
70%
80%
Pakistan India Bhutan Cameroon Cambodia Albania Liberia
Source: World Bank, 2015
*For Pakistan, statistics of 2011
Agriculture
Service and industry
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However, it can also be observed that there is a somewhat equal distribution of labor forces
between male and female workers in agricultural employment. Women invest as much (even
more in some regions) time into household activities as men which shall inform us about the
gender equality in this case. Nevertheless, there is documented gender gap in different aspects
of agriculture, to be precise, in access to productive resources (FAO, 2011).
Land allocation and tenure in agriculture
Land is an essential asset for every household and it is a scarce resource. The world is
facing a population growth which results in decreasing land area per capita. Agricultural land
accounts for 12 percent of total land area and it has a little horizon for expansion.
Considerable part of potential agricultural land is covered by forests (FAO, 2013). Land is a
factor of production which is permanent but limited. Land abundant countries with good soil
fertility, irrigation system and climate conditions can easily be productive from agricultural
point of view. Developed agriculture means having better living standards in both rural and
urban areas. Empowering rural people will eradicate poverty. Land is very important factor of
production for people in rural areas. Especially, agriculture is the only source of employment
and revenue generation in rural areas of many developing countries (United Nations, 2015).
Rural people with limited access to land are worse off. Importance of land in agriculture is
obvious; one basically cannot be agriculturally productive without access to land. If rural
people do not have an access to land, they will neither produce nor supply food for their
families.
Figure 2. Agricultural area as a share of total land area in the World
In Figure 2, trends in agricultural area as a share of total land area between years of 2001 and
2011 are shown. Until 2010, share of agricultural area is declining and there is 0.80% increase
in 2011. Land is becoming scarcer every other year and obviously, those who want to acquire
land face high level of competition along with other different problems like corruption, land
grab and etc. It is even more problematic issue for rural women. Gender disparities in land
allocation are present across regions. FAO (2013) notes that in North Africa and Western
37,20%
37,40%
37,60%
37,80%
38,00%
38,20%
38,40%
38,60%
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Source: FAO, 2015
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Asia, female agricultural holders account for less than 5 percent of total agricultural holders
and men usually have larger areas than women.
Land scarcity also leads to conflicts. As a solution to such conflicts societies need to
have a well-established land tenure system. FAO (2015) define land tenure as “a relationship,
whether legally or customarily defined, among people, as individuals or groups with respect to
land” (para. 1). It plays an important role in political, economic and social structures. Land
tenure is categorized in (I) private where rights are assigned to an individual, (II) communal in
which land is assigned to community and all members have a right to benefit, (III) open access
which means that no rights are assigned and no one can exclude anyone, and (IV) state where
some authority from public sector has the property rights (FAO, 2015). In addition, one can
basically define land allocation as the allocation of land to the individuals and/or communities.
Gender related differences in land allocation and tenure
In most of the developing countries (primarily in least developed countries) women are
regarded as a member of weak gender that needs to be under the protective hands of their
husbands or relatives. In those countries and societies, men have strong influence on decision
making in household level. In African countries, men are considered as the head of family and
when it comes to the land allocation, the family land is allocated to men by the authorities.
Men gain property rights over land and this situation leads to the reduction of land tenure
security for woman (Daley & Englert, 2010). This situation holds the same in most of Islamic
countries. It is claimed that basic gender policy in land administration should support “secure
access to land and other natural resources for women, independent of men relatives and
independent of their civil status” (World Bank, 2009, p 126).
In general, women face two kinds of threats in land tenure: internal and external
threats. External threats can be regarded as a third party who is able to exclude users by
gaining property rights, although he/she has had no relation to the land. Internal threat could
be someone in the family who is able to exclude women from access to the land (Ikdahl,
2008). Thus, we generate the idea that women face a lot more challenges than men do when it
comes to the land allocation and tenure.
Women are insecure when it comes to their rights over land. One of the several factors
contributing to this insecurity is the HIV/AIDS. This is especially common in Africa where
husbands or fathers sell off the family land without the knowledge of women in the family to
cover their costs of treatment. This leads to the growing number of women left without land.
This situation leaves women with no access to the land and in long term, without any
possibility of land allocation to the women in the family (Daley & Englert, 2010). This
situation can also be seen as a result of poor land tenure system. In many countries of Africa,
land reforms favored male landowners. Poor land reforms allocated land to the men and this in
its turn, led men to have property rights over land and use the right to sell for their personal
benefits. Thus, the reason of this situation can be seen as poor land allocation policy where
land is allocated to man and the result is loss of women’s ability to gain property rights over
family land in the future. Both reason and result cause to gender related differences in land
allocation. Another example is from Tanzania which is reported by Ikadahl (2008). In his
paper, he mentions that when there is a conflict in the family, wives claim their name to be
included to the residential license from officials and they get an answer of “go home and clear
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the conflict”. Women in Tanzania report that officials normally do not want to deal with such
conflicts (Ikdahl, 2008).
Land is a very basic asset for every household to be able to farm and meet their needs.
That is why, access to the land and its ownership is very crucial for women farmers. Land is a
very essential asset for women to support their families, provide needed nutrition and income
(Bread for the World, 2012). There is limited data availability in this issue, one reason being
that, there are different understandings about land ownership in different regions and societies,
because of these difficulties there are different claims about the share of women landholders.
FAO (2015) mentions the limited data availability and states that less than one quarter of
agricultural land is operated by women. Gaining property rights over land is a very
problematic issue in many developing countries. As an example, in India, the only situation
for married woman to be able to own and control land is if she becomes a widow who does not
have any son and there are no male relatives of husband around (Doss et al., 2014).
As there is limited data availability about the share of women who owns land and in
addition, because of polemics about the generation of those available statistic results, here in
this paper, in Figure 3, list of countries with available data are presented by analyzing two
different sources. As a matter of fact, these countries from available statistical analysis are
those with the highest share of woman land owners. Thus, the top 15 is listed. Two countries
out of 15 have a share of women land owners more than 40 %. It is observed that in seven
countries, share of allocated to woman is less than 25%. These statistics demonstrate that share
of woman land owners is relatively low.
Figure 3. Woman landowners (percentage of female landowners out of total landowners)
0,0% 10,0% 20,0% 30,0% 40,0% 50,0% 60,0%
Bangladesh (2011-2012)
Ecuador (2010)
Ghana (2010)
Haiti (2001)
Honduras (2004)
Mexico (2002)
Nicaragua (2005)
Paraguay (2001-2002)
Peru (2000)
Tajikistan (2007)
Vietnam (2004)
Botswana (2004)
Ethiopia (2004)
South Africa (2009)
Uganda (2001)
Sources: FAO, 2015
Doss et al., 2013
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It is critical to mention that in some countries and even in societies within one country
women could be regarded as land owners if they have an access to the land. It is not important
if they actually own the land or not. If women use the land to produce and feed their family
and sell any remaining surplus, it means that they have access to the land (Doss et al, 2014). In
those countries and societies, it might actually mean that they are land owners. Thus, in reality
these numbers in Figure 3 may be even lower than showed. It is clear that female land owners
have obviously low share. Thus, high level of gender related inequality is observed in land
allocation in most of the developing countries.
Many nations accepted that there are gender related differences in their land allocation
and tenure systems. For example, during 1980s and 1990s, most Latin American countries
made reforms to secure rights of women in land allocation and tenure. Similarly, African and
Asian countries passed formal legislations for the same purpose. However, these are not
sufficient actions. Enforcement of these laws still remains problematic. The reasons behind
these are institutional weaknesses and influence of gender bias. Although, laws may equalize
the land rights for women and men, other laws like family laws, can create the problem
(World Bank, 2009).
Distribution of Agricultural land area by sex for different countries of Asia and Africa
is presented in Table 1. This table provides information about how much of the agricultural
land is allocated to women and the share owned by men. Table 1 shows that in none of the
countries women have higher share than men. Thus, land is mostly allocated to men. In case of
3 countries out of 9, more than 85% of land is solely owned by men and almost in all
countries, less than 20% of land is allocated solely to women.
Countries/Sex Years % Male % Female %Joint
ly
owned
Bangladesh 2011-12 87.7 10.1 2.2
Ethiopa 2011-12 45 15 39
Malawi 2010-11 42 40 18
Niger 2011 62 9 29
Nigeria 2010 87 4 9
Tajikistan 2007 85.7 14.3 NA
Tanzania 2010-11 44 16 39
Uganda 2009-10 34 18 48
Vietnam 2004 71.8 15.4 12.8
Source: FAO, 2015
Table 1. Distribution of Agricultural Land area by sex
One can generate the result that gender related differences both in allocation and tenure
of land is obviously present. To highlight this point, during 1990s, in Vietnam, government
issued Land Tenure Certificates (LTC) where they issued long term rights to land to the head
of the family who was almost always a man. However, those lands were marital property, and
men gained certificates. Men have used their rights to transfer the land without the knowledge
of their spouses. In addition, in case of divorce, men use the rights given through LTC and
refuse to divide the co-owned land which results in women’s loss of land access (World Bank,
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2002 cited in (Brown, 2003). World Bank (2002) in their journal article mentions the words of
one land owner man reported by Hoa Thi Mong Pham (Operations Officer):
One man said that his wife complains all the time that the LTC seems to have no value
when he is absent and the family needs to borrow some money from the bank. He said
that women here play very important roles but the LTC doesn’t provide adequate
conditions for them (Hao Thi Mong Pham cited in World Bank, 2002).
In many countries, cultural and legal norms favors men and women gain access to the
land only via their relationships to opposite sex. These norms dictate men as the owner of land
and favors men when land tenure is determined. In this case, men have a possibility to convert
the land into private asset. This happens when there is scarcity of land. For example, in Kenya,
in a situation of becoming a widow:
Women may not only lose the use rights to their husband’s land but will also most
likely be unable to claim temporary use rights to birth family land because their
brothers will claim individual and private rights to the land they inherit from their
fathers (World Bank, 2009, p. 128).
In addition, World Bank (2009) mentions that “customary societies have different
practices with regard to property acquired during marriage” (p. 129). This is a joint property
and still daughters and wives can be excluded from ownership. Men assumed as a sole owners
of the property just because of the belief that women are not capable of owning land. This is a
very dangerous customary practice from gender equality point of view in land allocation and
tenure.
Another example is from Indonesia where the land ownership of women is broadly
recognized by land legislation. Again, the question is not the law but its implementation. The
law allows the registration of land in more than one person’s name. Especially, land bought
during marriage is considered as marital property of both man and woman and should have
been registered on the names of both. However, conducted researches showed that 70% of
land registered in the names of men and almost 30% in the names of women. Sadly, less than
1% is registered in more than one person’s name. In addition, that 30% registered in the names
of women is mostly inherited from family and just a little of it, is the land purchased with her
husband. There is an obvious lack of registration in couples’ names although it is recognized
and supported by land legislation (Brown, 2003). Further research conducted in Indonesia,
analyzes the Land Titling under the Land Administration Project (LAP). This research shows
percentage of husband and wife names on lands purchased jointly by husband and wife after
marriage. It shows that 70.9% of names on LAP certificates belong to husband, 16.9% to wife,
3.0% to husband and wife and the rest to others like daughter, son grandson, and
granddaughter (SMERU, 2002).
In Africa, most of the land is still remained under customary tenure. There were a lot
of reforms implemented to reduce gender related differences in land allocation and tenure. In
most cases, implemented reforms mostly failed to achieve their aims. In most parts of Africa,
as the result of customary tenure, land was dominantly allocated to men and transferred
through generation. Only possibility for women to gain access to the land was through their
relations to male owners. Within this system women are found disadvantaged (Meinzen-Dick
et.al,1997). In sub-Saharan Africa specifically, countries recognize the customary tenure
system. Cultural barriers over women’s land ownership are more dominant than the laws
passed during reforms for supporting women’s right in land allocation and tenure (World
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Bank, 2009). From personal experience, this holds the same in Islamic countries. Son of the
family ensures the continuation of dynasty and that is why property rights over land are
transferred to the male child of the family in most of the cases. After marriage woman have
access to husband’s land and until marriage they work as a family worker in the field of their
father and/or brothers. In most case, they gain the property rights over land in a situation of
husband’s unexpected death and ironically, those women allocate the land to their male
children for the same purpose mentioned above. World Bank (2009) mentions that in
Uzbekistan and Macedonia, women inherit some family land according to the Muslim norms,
but they acknowledge their rights over land to brother just to evade conflicts and thus, remain
backing of family. In addition, women in the family might not persist on including their names
on land title, just because it could result in conflict with husband and their family.
In South Asia, if marriage ends, women simply face evictions and they are not
welcome to the households of their brothers, either. In addition, women are excluded from
traditional institutions like village council. This directly results in their loss of defending their
rights in land allocation and tenure, because those institutions are usually the ones that discuss
and take actions about land allocation and tenure (Heinrich Boell Foundation Southern Africa,
2013). Another institutional problem is observed in Tanzania where women report that “before
you have a title, the government can take the area for any purpose, they can just change the
use” (Ikdahl, 2008, p 45). Thus, in this case, state itself is a threat.
Above mentioned facts and statistics from different countries where people who have
different religious beliefs and cultural norms show that there is high level of gender related
differences in land allocation and tenure. In all cases women seemed to be disadvantageous. It
is very problematic issue to collect date about gender bias in land allocation, but one can
easily realize by the help of different conducted researches that most of the land is owned by
men and land allocation and tenure system in developing countries favor men. We already
discussed and mentioned some of the reasons behind the gender differences in allocation and
tenure of land and further we will discuss its implications.
Implications
The UN Task Team Report (2012) mentions that land is very critical in supporting
small scale farming which is directly related to the agricultural growth and poverty reduction.
It is especially important for women who depend only on farming activities for their
livelihoods.
We already discussed different case studies from different parts of the world. In
general, we observe that because of cultural norms, customary tenure systems, unsatisfactory
implementation of laws and other factors discussed in the previous part, women do not gain
property rights over land and as a further consequence they lose their access to the land. This
results in their loss of farming and income generation.
Women can also suffer from land grabs. Although, in general, women have less control
and access to the land than men do, they can be the first victims of land grab. In this case,
social status and relations will determine how vulnerable woman is to the potential land grab
(Doss et al, 2014). As we discussed in the previous part, third parties can gain the property
rights over land if the woman is vulnerable.
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Women play an essential role in food security. Women transfer food into nutrition,
while men may not be able to do so (World Bank, 2009). Thus, when there is no land tenure
security for women headed households, this result in food insecurity. Quisumbing et al. (1995)
states that “Women are the key to food security for their households”. It is indicated that
women spend more on food and to the needs of children than men do (Quisumbing et al.
(1995) cited in (World Bank, 2009)). Thereby, land tenure insecurity for women and
allocation of land to man may result in higher child malnutrition and high child mortality rate.
If women have no access to the land it will directly impact children - the future generation. It
will affect the future in which children would be able to grow up healthy and well-nourished.
From this point of view, insecure land rights of women may have its implications on child
malnourishment.
In rural areas, development specialists search for households that have direct access to
the land with secure land rights which in its turn supports access to agricultural support
services (Quisumbing and Meinzen-Dick, 2001). In this case, women who do not own
property rights over land are left without support. If we consider that most of the lands in rural
areas are owned by men, then it has considerable implications on women’s access to
development specialists.
Basically, land can be collateral for credit, base for food production, factor for
investment and it can benefit women in many other different ways. It is important for
women’s economic empowerment. It is stated that “Land is a social asset that is crucial for
cultural identity, political power and participation in decision making” (Swedish International
Development Cooperation Agency Sida, 2011, p.2). Thus, gender related differences in land
allocation and its tenure will prevent women to be able to participate in decision making
process which will have same future consequences. Loss of political power for women can
threat the overall gender equality and economic growth in any country. Land serves also as
collateral for credit. Dawson (2013) states that without tenure women cannot access credit and
that is why, they are unable to invest and increase productivity which results in their
vulnerability to displacement. In addition, Worldwatch Institute (2013) emphasizes that when
women have access to the resources like credit they invest more in the nutrition education and
health of their family. Thereby, one can easily come to the result that current level of gender
related differences in allocation and tenure of land has implications on productivity, access to
credit and malnutrition.
The ability of feeding their families is very important but severely limited for rural
women. Rural women lack opportunities to access market and productive resources and it has
many different consequences. They are more disadvantaged in comparison with men when it
comes to HIV and AIDS. Usually, women are more vulnerable and they are more affected
than men by HIV and AIDS when there is an illness or death in the family. HIV is much
common in women than in men across the world and secured women rights over land are very
crucial in reducing AIDS (ActionAid International, 2008). Thus, gender related differences
and men favoritism in land allocation and tenure could even increase the spread of HIV and
AIDS and could take a chance of fighting it through women’s rights over land. In addition, if
we take these facts into consideration, current level of HIV and AIDS dissemination could be
reflection of current gender related differences in land allocation and tenure systems.
Land fosters social reproduction in rural areas. When women have access to the land
they are safe and they have an intensive to invest in long term activities (ActionAid
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International, 2008). Thereby, using these ideas one can generate the outcome that with gender
related difference in allocation and tenure of land favoring men, women’s economic and social
power is diminishing. It affects social reproduction in rural areas, because as ActionAid
International (2008) mentions: “Land provides a place to stay and to raise children, and is
therefore important for social reproduction in rural areas” (p. 16). In addition, insecure land
rights have direct impact on violence against women. International Center for Research on
Women (2006) states: “Women who own land or a house are at significantly lower risk of
physical and psychological violence both long-term and current” (p. 11).
In rural areas, landless people are vulnerable and there is a high chance of famine and
high infant mortality rate for them. If we consider that women have higher possibility to be
landless than men, then there chances of famine and high mortality rate is even higher than
men. Women have a high chance to suffer from different shocks when their rights over land
are interposed through men. Secure land rights decreases women’s risks and improves well-
being and prospect of children (Quisumbing and Meinzen-Dick, 2001). Quisumbing and
Meinzen-Dick (2001) mentions that “Poverty is inversely correlated with household land
ownership” (p. 2). From this idea, I come to the conclusion that another important implication
of gender differences in land tenure and allocation is on poverty. Insecure land rights lead
women to poverty and may increase the share of people falling below poverty line.
In conclusion, I come to the result that gender related differences in land allocation and
tenure has many undesirable implications. It has adverse impacts on poverty reduction, food
security and as well as fight against HIV and AIDS. Child malnourishment and their low level
of education, women’s access to credit, social reproduction and famine can also be regarded as
effects of current gender related differences in allocation and tenure of land. In addition one
surely can mention that elimination of gender related differences can positively affect above
mentioned implications.
12
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