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

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Philippine Sutz2 February 2016Author name

DateAuthor nameDate

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Philippine Sutz2 February 2016

Strengthening women’s voices and participation in land governance: experiences from Tanzania

Legal Tools Webinar

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Context

• LSLAs and commercial agriculture: increasing pressures on communities’ rights and livelihoods

• Differentiated impacts on men and women

• Zoom in: experience from Tanzania

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Philippine Sutz2 February 2016Introduction by Dr Helen

Dancer

• Impacts of commercial agriculture and LSLAs on women

• Field research with Emmanuel Sulle on Sugarcane production in Kilombero District

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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

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Philippine Sutz2 February 2016Strengthening women’s rights in land

governance: experiences from Tanzania

Dr Helen DancerUniversity of [email protected]

IIED ‘Legal Tools’ webinar2 February 2016 12pm-1.30pm GMT (UK)

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Swahili saying and words of a canegrowers’ association chairwomanKilombero District, Tanzania, April 2014

“Chereko chereko na mwenye mwana”

(You have to be part of the dance)

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Philippine Sutz2 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.

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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.

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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

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Philippine Sutz2 February 2016Local landholding patterns

Purcha

sed

Inheri

ted

Alloca

ted by

villa

ge fo

r free

Rented

or bo

rrowed

Settled

with

out p

ermiss

ionOthe

r

810

75

233

53

4

1 1

11

5

10

5

12

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.

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Men and women in the employed workforceWithin 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.

Men 1992 Women 1992 Men 2013 Women 2013

4008

495760

110

4861

228

1259

25034456 117 49

Employment status in the KSCL workforce by genderin 1992 and 2013

Permanent Seasonal Other non-permanent

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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.

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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):49-79Daley, E. (2011) Gendered Impacts of Commercial Pressures on Land, Rome, Italy: International Land CoalitionDancer, 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 ConsortiumDoss, C., Summerfield, G. and Tsikata, D. (2014) ‘Land, Gender and Food Security’, Feminist Economics, 20(1):1-23FAO (2011) The State of Food and Agriculture 2010-11. Women in Agriculture: Closing the Gender Gap for Development, Rome, Italy: Food and Agriculture OrganizationWhitehead, 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

TANZANIA WOMEN LAWYERS ASSOCIATION (TAWLA)

Strengthening women’s participation in governance and administration of Land

through village bylaws2 February 2016

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

Village bylawsBylaws 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.

Features1. Gender quotas in leadership2. Men-to-women rotation of leadership3. 50% of men and women in the council and

committees:4. Specific quorum for Village Assembly

Meeting5. Meetings’ quorum should be equally

comprised of men and women

The process

TAWLA prepare

s the principle

s

Consultation at the village; women

groups, men,leaders,paralegal

s

Stakeholders ie CSO’s,Academia

The government

; local/nation

al

The village Council

The process

Approval by the Village

assembly

Village Council

The District Council

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

Next stepsScaling upAdvocacy at the National level to adopt the

model bylawReview of other exiting bylaws to mainstream

gender

THANK YOU!

Government & Nonprofit

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