NETWORK FOR WOMEN S RIGHTS IN GHANA (NETRIGHT) (MOBILISING FOR WOMEN S RIGHTS IN GHANA) REPORT

Transcription

1 NETWORK FOR WOMEN S RIGHTS IN GHANA (NETRIGHT) (MOBILISING FOR WOMEN S RIGHTS IN GHANA) REPORT National Policy Dialogue on Strengthening Women s Voices and Representation in Land Governance in the Context of Agricultural Investments Sunlodge Hotel, Tesano-Accra April 25-26, 2016 Prepared by Joyce Nyame Sponsor: International Instituefor Environment and Development (IIED)

2 Table of Contents 1.0 INTRODUCTION WELCOME, INTRODUCTIONS AND OVERVIEW BRIEF REMARKS BY THE LANDS COMMISSION KEYNOTE ADDRESS BY DEPUTY MINISTER OF LANDS AND NATURAL RESOURCES GENDER, LAND GOVERNANCE AND INVESTMENTS IN GHANA GENDER AND LAND GOVERNANCE: THE ROLE OF THE LAND ADMINISTRATIVE PROJECT (LAP 2) LAND GOVERNANCE AND INVESTMENTS: LEGISLATION, PROCESSES AND PROCEDURES BY THE LANDS COMMISSION GENDER EQUITY, LAND GOVERNANCE AND INVESTMENTS: THE ROLE OF CIVIL SOCIETY GENERAL DISCUSSIONS INNOVATIONS ON GENDER EQUITABLE LAND GOVERNANCE COMMUNITY LAND DEVELOPMENT COMMITTEE (CLDC) NORTHERN REGION SYSTEM LAND TITLE REGISTRATION IN THE AWUTU-SENYA (CENTRAL REGION) WOMEN FARMERS AGAINST POVERTY IN GHANA PROJECT IN THE EASTERN REGION INNOVATIVE TOOLS TO SECURE LAND RIGHTS IN GHANA (ASHANTI REGION) FINDINGS ON THE COUNTRY-WIDE SURVEY PLENARY BREAKOUT SESSION PLENARY REPORT BACK DAY 2 OPENING AND RECAP DOCUMENTARY PLENARY - COMMUNIQUE NEXT STEPS WRAP UP/CLOSING PARTICIPANTS LIST

3 1.0 INTRODUCTION NETRIGHT with the support of the International Institute for Environment and Development (IIED) embarked on a project entitled Strengthening rural women s livelihood opportunities through empowerment in community land stewardship and accountability in agricultural investments in East and West Africa. The project was part of an initiative led by IIED and including partners based in 4 countries across East and West Africa namely Ghana, Senegal, Kenya and Tanzania and focused on issues of control over decision making in the governance of land and agricultural investments at the household, community or national level, from a gender perspective. The Ghana component aimed at increasing knowledge of processes, initiatives and interventions strengthening women s voice, representation and control over decision-making at different levels, to ultimately improve their livelihood opportunities and testing approaches enabling such initiatives and their outcomes to inform policy process to facilitate wider shifts and address implementation gaps in land and investment governance. Land is an important economic resource which is central to the organization of sustainable livelihoods, particularly for rural dwellers. It is a crucial source for poverty reduction, food security and rural development. However, men and women do not always enjoy the same rights to land. In many parts of Africa, women s rights to land and property are systematically denied. Women are among the most disadvantaged, widespread gender-based discrimination in laws, customs and practices cause severe inequalities in their ability to access and control land and other natural resources, as well as their participation in decision-making in land governance, from the household to the community and at the national level. They have fewer or less secured rights than men. Discriminatory attitudes and practices severely undermine their rights to land. This leaves many women vulnerable and almost entirely dependent on men to enable them access land for their basic economic survival. NETRIGHT recognises women s land rights and gender justice in land governance as fundamental pillars in the promotion and protection of women s human rights thus the two-day National Policy Dialogue was organised to bring key stakeholders together to deliberate on gender equitable land governance The two-day national policy dialogue held in Accra from April 25-26, 2016 was an opportunity to raise awareness and build consensus among key stakeholders on the most effective strategies to promote gender equitable land governance in the country (concept note attached). Forty-two (42) participants made up of 33 women and 9 men attended the event, including representatives from the Ministry; sector agencies, traditional authorities; CSOs working on land issues; project communities as well as coordinators and beneficiaries of gender equitable innovations, academia; researchers and the media (see participants list on page 21). 1.1 Welcome, Introductions and Overview The Convenor of NETRIGHT; Ms. Pauline Vande-Pallen welcomed members and gave a brief overview and purpose for the two-day meeting. She mentioned key project activities which included: Country-wide Assessment undertaken in the Central, Greater Accra, Ashanti and Northern Regions; and land and research institutions; 2

4 Documentary on strengthening rural women s voice and representation in land governance the documentary focused on 2 innovations by COLANDEF and Grassroots Sisterhood Foundation (GSF); Learn and share events in the 2 project areas of the selected innovations; The ongoing two-day National Policy Dialogue; Media engagements including radio call-in. In conclusion, she hoped the meeting provides a collective platform to enhance advocacy on gender equitable land governance to effect gender transformation in land governance legislations, systems and structures at the community, district, regional and national levels. This, according to Ms. Vande-Pallen is imperative since it will also determine and direct NETRIGHT s area of focus in the next phase of the project. The facilitator for the program; Prof. Dzodzi Tsikata re-emphasized the importance of the meeting and acknowledged the diversity present. She took participants through four buzz statements which were key for the purpose of the Dialogue. These were: Rural Women s Livelihood Empowerment of women to demand accountability Community land stewardship Accountability and Land governance 1.2 Brief Remarks by the Lands Commission On behalf of the Executive Director of the Lands Commission, Dr. Stanislus Adiaba, a Senior Land Administration Officer noted that, the Policy Dialogue is timely and important since the issue of women s land rights is key in improving especially the livelihood of rural women. He noted that women s access to land is to a large extent disregarded which makes it a critical concern for the Lands Commission, therefore, land governance is a key focus of the Commission with a special focus on women, youth and other disadvantaged groups. Dr. Adiaba mentioned that, the Commission has started a process of collecting data to be finalised into a guideline policy for large scale land acquisition and ownership in Ghana. The guideline will be validated later in the year and promised to engage more women during the validation. Below are highlights of his remarks: The need for a good, fair and transparent gender sensitive and intergenerational land administration and governance in Ghana; The need to remove all existing bottlenecks that prohibits land access and ownership by especially women; The need to work with relevant stakeholders to ensure land rights and justice for the marginalised. 3

5 Fig 1: Dr Stan Adiaba from the Lands Commission given a brief remark on behalf of the Executive Director 1.3 Keynote Address by Deputy Minister of Lands and Natural Resources On behalf of the minister, the Deputy Minister, Hon Barbara Serwaa Asamoah noted that, the Ministry finds it pleasant to be part of the forum since it promises to enhance women s voice and representation in land governance in Ghana. She acknowledged it is timely and an opportunity to address women s land rights issues in the country. She noted that the Ghana Shared Growth and Development Agenda (GSGDA) serves as a medium term policy and strategy for transparent and accountable governance system for an effective and efficient land administration system in the country. Hon. Asamoah cited the Land Administration Project (LAP) as an initiative by government to provide an efficient land administration management system in She said that LAP I laid the foundation for a sustainable, decentralised land administration system that is fair, efficient and cost effective towards tenure security. She indicated that the Government of Ghana recognises the importance of women s land rights thus, LAP 2 commissioned a gender mainstreaming strategy to ensure a coherent and sustained approach to addressing gender issues. Fig 2: Hon Barbara S. Asamoah, Deputy Minister for Lands and Natural Resources delivering the keynote address According to Hon. Asamoah, the Ministry is incorporating gender issues with specific women s concerns into the Land Bill. She called on CSOs to get actively involved in the ongoing 4

6 consultations for inputs for the bill. She mentioned some of the interventions by the government to transform land governance and administration system in the country: A comprehensive assessment of the capacity needs of land sector agencies; Institutionalisation of the collection of gender disaggregated data on land registration at the Lands Commission; Preparation of the National Spatial Development Framework by the Town and Country Planning Department to guide spatial planning; Establishment of land courts in the Western, Ashanti and Northern regions and revision of the High Court Civil Procedure rule C.I. 87 and court connected dispute resolution services to improve adjudication of land cases; Network with CSOs as a measure for collaboration on especially LAP activities; Establishment of 57 Customary Land Secretariats in the regions to improve management and administration of lands owned by stools (30 more of such are underway). In concluding, she urged NETRIGHT to share outcomes from the forum with the Ministry as well as take a critical look at Land Bill with a gender lens. 2.0 GENDER, LAND GOVERNANCE AND INVESTMENTS IN GHANA This session focused on gender, land governance and investments in Ghana and the role of state and non-state institutions in promoting gender equitable land governance. Presentations were made by LAP 2, the Lands Commission and the Civil Society Coalition on Land (CICOL). 2.1 Gender and Land Governance: The role of the Land Administrative Project (LAP 2) Ms. Sarah Antwi-Boasiako, the Gender Specialist of LAP 2 gave a brief background of LAP. LAP was a land reform initiative by the government in 1999 to stimulate economic development, reduce poverty and promote social stability. LAP 1 was initiated in 2003 while LAP 2 started in She noted that under LAP 1, the government initiated steps to map the gender dimensions of land administration as a response to national gender initiatives and demands from CSOs. Issues identified included: Lack of information on land issues; Tenure insecurity for women; Discriminatory customary land governance; Lack of capacity of the Land Sector Agencies (LSAs) to mainstream gender; and The lack of collaboration with CSOs. In view of the above, LAP I focused on public education, capacity building for LSAs, institutional reforms, advocacy and networking with CSOs. It was however noted that, implementation of the actions on gender began under LAP 2. Some of the initiatives on gender include: Mainstreaming of gender in relevant frameworks to promote women s participation and tenure security. For instance, some of the provisions incorporated in the Land Bill that protect the interest of women include: o Joint registration of jointly acquired properties during marriage; o The prohibition of the transfer of property on which a family derive its source of livelihood without the consent of the spouse(s); 5

7 o The inclusion of women as staff of the established Customary Land Secretariats (CLSs). These CLSs were created to promote the participation of women and men in customary land administration; The Establishment of Pilot Client Service Access Units (CSAUs) at selected places in the country; Establishment of gender units of CSAUs to handle gender and land related issues at the Lands Commission; Customary boundary demarcation in areas like the Bongo traditional area; Assessment of customary laws on land and family in eight traditional areas with a higher women s engagement. Ms. Antwi-Boasiako acknowledged that, all these have improved tenure certainty for women and men and also promoted transparency and accountability in customary land governance. She also mentioned that, under LAP 2, women and queenmothers have benefitted greatly. Key achievements were outlined as follows: Collection of gender disaggregated data on land registration institutionalised; Staff of Land Secretariat undergone gender training; Higher involvement of CSOs (CICOL represent CSOs at the Lands Administration Project and also serves as an external monitor of its projects). In her conclusion, she noted that land administration reforms present a key challenge to all. Ms. Antwi-Boasiako urged all stakeholders to be part of the reform process for a better land governance in Ghana. 2.2 Land Governance and Investments: Legislation, Processes and Procedures by the Lands Commission Ms. Theodora M. Mends of the Lands Commission gave an overview of land governance and tenure, characteristics of land ownership, legislations on lands in Ghana. She also touched on the procedures and processes of land governance and investment in the country. She mentioned the review of the Land Act (draft bill is in the drafting stage) and other existing legislations on land including the Land Registry Act, 1962 (Act 122), Administration of Lands Regulations, 1962 (L.I. 232), Conveyancing Decree1973, Land Title Registration Law, 1986 (PNDCL 152) and the Lands Commission Act 767, Her presentation touched on the following: The security of land tenure is crucial for any investment, thus the need for land registration; Land ownership in Ghana is generally communally owned (about 80%), about 2% State owned and 18% is Vested Land; Land administration is dually operated under both customary and statutory laws; Access to land rights are guaranteed for all persons depending on whether land is customarily or state owned; The Lands Commission is the lead government agency which stipulates rules and regulations to govern land administration; There are various laws and regulations governing land; and land tenure differs legally according to the use; Statutorily; there is no difference in reference to gender when it comes to rights to land and investment; 6

8 Inequality arises when it comes to women s rights to accessing land in customary land ownership areas and most rural areas for agricultural purposes. On the processes and procedures for land registration; Ms. Mends noted that depending on the purpose for which a land is acquired, the processes generally include pre-registration requirements (due diligence, company registration, feasibility studies etc.), registration requirements and post-registration requirements (ground rents, statutory requirements towards development of the land etc.). Every acquired parcel of land must have a document clearly stating the user rights and covenants between the parties. Specifically, processes to secure land include: A site plan prepared by a licensed surveyor and duly endorsed by the Survey and Mapping Division of the Lands Commission showing location and size of land parcel; A document stating the interest being acquired; Stamping of the document; Title Registration (Accra) and Deeds Registration (in the other regions); Obtaining other necessary permits for use/development where necessary. Finally, she informed participants that the Lands Commission is piloting a Client Service Access Unit in 5 regions which eases the registration of land without the aid of intermediaries. She mentioned that efforts to address inequality in terms of land ownership in the agriculture sector has been on pilot basis so far under the World Bank/MiDA projects and the Lands Commission is currently drafting a Guideline for Large Scale Land Transactions in Ghana to guide investors and community members. 2.3 Gender Equity, Land Governance and Investments: The Role of Civil Society The Acting National Coordinator for the Civil Society Coalition on Land (CICOL), Mr. Ebenezer Kyei Bediako presented a brief background of CICOL, contributions of CSOs to land governance process, constraints/challenges, lessons learnt and some recommendations. According to him, civil society s involvement in land governance ranges from research, advocacy for just and fair land reforms, tenure security, access and control of communal lands, disseminating information and collaborating and building partnerships and alliances. He mentioned that the: Land Bill and Land Administration Project (LAP) is a sure way in ensuring efficient and effective land governance and administration in Ghana; LAP has made considerable gains in the land sector reforms; Customary Land Secretariat (CLS) concept is very good but requires legal backing and secured/ sustainable funding arrangements; Participatory monitoring and social accountability exercises are very crucial and essential tools for achieving the objectives of LAP; Large scale land acquisition and speculation is on ascendency despite LAP and other interventions. He recommended that there should be vigorous advocacy for the enactment of the Land Bill and the need for LAP 3 to consolidate the gains made in LAP 1 and 2. In addition, he called for the decentralisation of Land Sector Agencies (LSAs). 7

9 Mr. Kyei Bediako noted the need for more research, position papers, policy briefs and other media engagement sessions including strengthening capacity and awareness on laws, policies and practices to enhance advocacy on land governance. Finally, he indicated the need to document rights and interest to secure women s land rights and improve food security for women and smallholder farmers through increased cooperation, coordination and interaction among key stakeholders. 2.4 General Discussions Fig 3: A cross-section of participants listening to a presenter Participants discussed the presentations and made contributions as well as raised critical issues that needed further clarification. Key issues raised and contributions made included: As a response to a question on whether the country has a limit on land acquisition by foreign investors; it was indicated that currently there is no limit to the size of land an investor can acquire (due to the large proportion of lands under customary ownership and the difficulty in documenting all customs pertaining to land); even though there is the existence of a guideline that directs the process; Concern raised about the role of queenmothers in land transactions since they form part of traditional authorities. In spite of their roles, they are not signatories to land transactions. Traditionally, queenmothers are the custodians of stool lands therefore; this role has to be explored to enhance women s involvement in land governance. There is the need for reforms in the traditional system to ensure that queenmothers have the authority to be part of land transactions including the mandate to sign leases and other land related documents; Location of CLSs in the palaces of chiefs disables many people especially women from engaging the CLSs. Participants were informed that all pilot CLS located within palaces are being relocated to facilitate easy accessibility, particularly by women as well as assessing their effectiveness; CSOs to lobby the private sector into the land reform advocacy; A question was raised on the need to decentralise the Lands Commission for easy accessibility. Participants were informed that the Lands Commission was in the process of decentralising its operations in the regions. 8

10 Participants called on NETRIGHT to look critically at a one stop shop in land governance. 3.0 INNOVATIONS ON GENDER EQUITABLE LAND GOVERNANCE Four (4) gender equitable land innovations by CSOs were presented: 3.1 Community Land Development Committee (CLDC) Northern Region The Community Land Development Committee (CLDC) innovation was implemented in the Nanton traditional area in the Northern Region by Grassroots Sisterhood Foundation (GSF). According to Usif Wuntuma Osman, the Project Officer, the CLDC is a community based women-led initiative intended to enhance the inclusion of women in land governance for purposes of ensuring sustainable food security, economic development and to build consensus on issues of women s secured land tenure within the customary tenure systems. According to him, the innovation was informed by a research undertaken by GSF in The research findings revealed that certain traditional norms tend to exclude women in land related discussions. The lack of transparency in land governance and some land related myths that disinherited women from owning lands were identified as roadblocks to women s land rights. Based on the research findings, community meetings with chiefs and elders, assembly members, opinion leaders, women and youth groups were held to discuss priorities for the innovation. Selected individuals were trained on land governance, peace building and land tenure security and a committee formed. At least 30% of members of the CLDC are women in the community. The CLDC engages the traditional authority to negotiate secure tenure for agricultural and housing purposes. It was mentioned that, both the customary and statutory systems were employed in these negotiations. The existence of female lords in the North was also employed as a tool to boost the confidence of especially female beneficiaries and create awareness for female participation in land governance and administration. Despite challenges like large scale land based investments, compulsory land acquisition by the government and lack of commitment on the part of some chiefs that the innovation faced, achievements include the following (presentation attached): Secured land for women for individual and block farming; Involvement of women in land governance through the CLDC; Improved food security in the area; Increased knowledge on women s land rights and secure tenure. 3.2 System Land Title Registration in the Awutu-Senya (Central Region) According to Nana Ama Yirrah of COLANDEF, the project was designed to improve land tenure security for farmers and other land users in the pilot registration district (Awutu Senya) covering twenty nine communities. The project was funded by MiDA and was the first rural titling project in Ghana and the only area in the Central Region that falls under the land title registration. She noted that, the project aimed at ensuring that each land owner and land user in the declared registration district would have a land title certificate covering his/her interest in land. Also to ensure that land tenure in the area is secured and there is improved accountability and stock taking for the traditional leaders. The project resulted in: 3,802 parcels of lands surveyed; 1,481 certificates issued; About 25% of those issued with certificates were women; 9

11 Increased level of awareness on the need for documentation. Some of the activities under the project included: Preparation of the Registration District Map and the Framework and Sectional Map; Formal declaration of the Registration District and Compilation of a Register; Sensitisation and Gender studies; Survey of boundaries and mapping out existing land users; Inventory of existing land rights in the Pilot Registration District; Alternative Dispute Resolution Activity (ADR); Documentation; Submission and processing for registration; Issuance of certificates. The cost of Land Title registration was identified as a major challenge especially for small land holders (costs roughly US$167 per parcel for all the related activities). Presentation attached. 3.3 Women Farmers against poverty in Ghana project in the Eastern Region Ms. Lois Aduamoah- Addo of WiLDAF Ghana noted that the main objective for the project was to contribute to poverty reduction by supporting rural women claim their economic, social and political rights in their communities. It was implemented in 12 communities in the Suhum Ayensuano district in the Eastern region. Beneficiaries ranged from women farmers, traditional authorities, farmers organisations and the Ministry of Food and Agriculture. The project focused on Empowering women farmers on their Legal and Human Rights; Reducing the incidence of Violence against Women at the Community Level; Promoting women s access and ownership over land; Advocating for the engendering of agricultural and food policies in Ghana. Project outcomes included an increased knowledge of women farmers on their human and property rights particularly land rights; over 170 women farmers in the 12 project communities own their own farm lands and are taking steps to have them registered; over 80 traditional rulers made of chiefs, queenmothers and opinion leaders engaged on property rights particularly women s land rights and they are now promoting women s access to land; over 140 women are currently part of the decision making structures in the project communities. In conclusion, Ms. Aduamoah-Addo emphasized that, legal literacy is a major asset in empowering rural women on their land rights in supporting their ability to access and control land in their environments (presentation attached). 3.4 Innovative Tools to Secure Land Rights in Ghana (Ashanti Region) According to Mr. Richard K. Owusu-Asare, the Land Resource Management Centre (LRMC) in the Ashanti Region initiated this project in 2011 to 2014 with support from IIED. The project aimed at developing innovative tools that would secure the land rights of poor farmers, pastoralists and other groups like women. It was implemented in 5 communities in 2 districts of the project region. Activities included awareness creation, sensitization, focus group discussions, workshops and training sessions in the project areas. Through the project, it was identified that: Most farmlands were held under the customary tenancies of abunu and abusa ; 10

12 Even though the procedures for accessing land remain same, women were mostly required to be accompanied by males (preferably husbands/brothers) in accessing land. In view of the above, the project developed the following innovations to address the challenges: a community based land survey tool; Tenancy Agreement Templates (abunu, abusa, spousal transfer and caretaker agreement); Community-based Dispute Resolution Committees (through Alternative Dispute Resolution). These innovations resulted in amicable land dispute resolutions, reduced surveyor s cost, improved documentation of farmlands, among others. The tenancy agreements stipulated how especially farm produce (usually cocoa) are shared between or among interested parties. This particular innovation empowered the women (mostly, in a marriage) to demand for fair shares. Lack of cooperation by some chiefs and the community s uncertainty on the real motive of the project were some challenges faced by the LRMC (presentation attached). 4.0 FINDINGS ON THE COUNTRY-WIDE SURVEY The consultant - Getrude Dzifa Torvikey shared key findings after highlighting some of the innovations earlier discussed: Socio-cultural norms play a major role in how women and men relate to land; Girls/women tend to be perceived as transient beings - land access was based on consanguinity/affinity The important role of religion: Islam/Christianity ideas on leadership and comportment which tend to limit or prohibits women s involvement in land governance; Cultural protocols: land seekers must be led by traditionally titled people and since women are mostly not titled, they tend not to be part of land transactions. She emphasized that, participatory land governance and administration are important for livelihood sustenance of all who rely on land, however, socio-cultural norms have remained the pillar on which participation in local level land governance practices are derived. Women are mainly the ones who tend to be culturally excluded from taking part in land related interactive platforms. Therefore, carefully designed programmes for women s inclusion must be intensified at the local level because the land issue is a local issue. She shared some interesting findings pertaining to women s involvement in land governance and administration: In Apemenin, women were not part of the allocation and revenue management processes of land because of poor performance in the Unit Committees of the District Assembly; The Bawjiase community, many women were involved in the consultative processes leading to the rolling out of the Land Titling Programme because there was a project that specifically targeted women; In Dodowa, the exclusion of women in the Land Allocation and Revenue Committee was justified by cultural and religious interpretations which places leadership in the male domain; Women were part of the sensitisation on land rights and deed registration in Wamale because it was a project that had women s access and participation as a target. 11

13 She noted that, most of the respondents were excited about the project and also the four (4) discussed innovations since they served as an eye opener. She recommended that: Queenmothers and female leaders in communities must be encouraged to network with their counterparts in other parts of the country to create voice for female leadership positions; Equip women with information and knowledge on land rights, governance, administration and management; The youth must be encouraged to participate in sensitisation programmes/processes to enhance intergenerational knowledge transfer; Sensitisation programmes must be based on a systematic medium to long term capacity development plan; For greater voice and sustainability to be achieved, men must be part of the change process. 4.1 Plenary The plenary addressed questions and clarifications including general discussions: Participants emphasised the need for the enactment of the Land Bill to curb all prohibitions especially with regards to women s ownership, access and control. It was pointed out that the passage of the Land Bill may not be possible this year because of the procedures involved; there was the need for an intensive advocacy for its passage; Participants acknowledged the need for more discussions and advocacy on women land rights issues; The need to involve more male chiefs and also identify allies within the traditional authorities to advocate for effective land governance and administration which will benefit women; The need for collaboration between the Lands Commission and CSOs for effective land reforms and decentralisation of the Commission for easy access; The need for the Lands Commission to work with traditional authorities; especially queenmothers; The need to codify traditional norms pertaining to land (despite the caution of the risks of codification which has a prospect of upholding existing norms that discriminate against women); Traditional authorities were urged to give out lands as equities instead of outright sale, this will give them rights over the land in relation to the buyer or investor; Clarity was made on the meaning of a spouse since there were a lot of issues around consensual union/co-habitation. It was pointed out that the word spouse refers to a partner in a recognised union by tradition or law; there is the need for clarification on spousal and consensual unions; There is no substantive law on spousal rights, however, there is a case (Mensah vs Mensah) which Judges refer to in spousal property cases; Clarity was sort on how land registration is possible especially in cases of multiple users. It was explained that this was possible because the users do not own the land; the owner may decide to register the land and give it to multiple users; The need to take the issue of women s land rights seriously since land has economic value; 12

14 A beneficiary of WiLDAF Ghana s innovation shared that, women in the project communities were now able to acquire and register lands without hindrances from their male counterparts; It was shared that, the female lords in the North have been reduced to mere title holders so there was the need to consider how their roles can be reformed to enable them take part in key decisions especially in land governance; Participants were encouraged to identify local solutions to identified challenges associated with land governance; thus the need to publicise the shared innovations with government and other stakeholders; Participants deliberated on the high cost of land registration procedures including surveying and the need for a critical review of procedures to avert any corrupt practices. Questions were raised about the sustainability of the surveying and spousal transfer tools designed by LRMC. Participants were informed that men in the project areas refused to transfer land to their wives for fear of divorce. It was noted that some men divorce their wives when they realised that the farms the women worked on are yielding results; The facilitator, Prof Tsikata noted that, even though the large vast of land is customarily owned (80%), the contradiction is in the fact that, existing statutory laws are for the few (20%) state owned lands. This is a practice that needs an urgent attention. Fig 4a: A participant making an intervention 5.0 BREAKOUT SESSION Fig 4b: The Chair of the Parliamentary Select Committee on Lands Forestry making a submission There were 3 breakout sessions with each assigned with a specific task. Each group selected a chair and a rapporteur to facilitate and document the discussions respectively. GROUP ONE - Which local innovations are most critical and can be up-scaled. How do we go about upscaling them and what challenges are we likely to face and how are we able to overcome them. Note: The innovations focused on strengthening women s participation in land governance; and improving women s land access. GROUP TWO - Which gender issues do we want to incorporate in the land bill and guidelines for the large scale land acquisition? 13

15 GROUP THREE - Which cultural attitudes and practices do we want to be reformed at the household and community level and how do we address them/carry out the reforms? 5.1 Plenary Report Back The following reports were presented by the groups for discussions: Group One Innovations Upscaling Challenges Way Forward o Innovations o Understanding the o Financial o Sensitise focused on: Agreemen t/templates existing customary land systems constraints financial means - to women their and on ability Sensitisati o Aligning with state purchase land capabilities to on systems because or acquire take part in Legal Education state systems are covered with legal productive resource; lack decision making and regulatory of productive o The key objective instruments and resource to o Encourage increase thus have the legal invest in land; women to knowledge and power over CSOs high cost of form farmerbased information aimed interventions registration groups toward land which are and survey of to secure land security complementary land; cost of and attract legal service o All the Innovations are relevant and interconnected o CSOs innovations should fit the state land tenure system o We should involve a lot of stakeholders to promote sustainability o Collaborate and network with local institutions (land sector agencies (LSAs) and NGOs financial support o State system should focus on promoting registration of agriculture land parcels 14

16 Fig 5: Group 1 in session Group Two Issues o Land Bill Part 1, Section 12 restrictions of acquisition of land by non- Ghanaians Section 20 areas reserved for common use should not be discriminatory o Issue of partnership or co-habitation should be addressed by the bill o Transfer of interest requires consent of partners/spouses o All the innovations are related to customary land management but these are not captured in the law though they promote customary land management NOTE: The Land bill is in the 4 th draft Proposals o There must be provisions to protect the interest of spouses in the case of joint ownership o Measures should be put in place to protect the interest of all (women and men including youth and disadvantaged groups) particularly where there are discriminatory practices o We should find a way of incorporating it in the bill to protect the interest of spouses o need to create awareness so it is not abused o Need to create awareness so it is not abused o There should be articles and clauses to document innovations - local innovations should be documented in the bill 15

17 Group Three Fig 6a: Group 2 Rapporteur listing down key points Cultural Attitudes and Practices o Inheritance system of land family land, stool land and self-acquired land o Unwritten codes and nondocumentation of agreements o Status in society gender norms o Undermining the value of women in society o Co-habitation (marriage) o How women are perceived as transient in our inheritance system o Why are queenmothers not called queens o The naming of female traditional leaders as queenmothers Fig 6b: Group 2 in session Reforms (How) o Education and Sensitisation (school curriculum) o Women should assert themselves emphasis of documentation in all property transactions o Marriage arrangements and entitlements should be documented o Chiefs should allocate reserved seats for women at the community level in land governance structures affirmative action to ensure women are fairly represented in decision making o Role model chiefs should spearhead the promotion of easy access of land by women o Undermining the value of women 16

18 Fig 7: Group 3 discussing their assigned task NETRIGHT was tasked to look out for the memorandum on the Land Bill. The facilitator mentioned that, the issues raised by the groups would form the basis for the drafting of a communiqué that would be shared with the media the next day. 6.0 DAY 2 OPENING AND RECAP The Programme Manager of NETRIGHT, Ms. Patricia Blankson Akakpo welcomed participants and commended them for the thorough and effective participation the previous day. She urged them to maintain the same level of enthusiasm for Day 2. Participants were taken through a reviewed programme for the day. The day began with a recap of Day 1. Ms. Akakpo informed participants that a communique has been drafted based on the group reports and general proceedings of Day 1. The communique is expected to highlight the innovations to increase advocacy for the government to adopt and/or support these innovations for a better and effective land governance and management. The communique is targeting Parliament, Land Sector Agencies (LSAs), CSOs and institutions working on land, women s rights and grassroots organisations, traditional leaders, media and the general public. 7.0 Documentary A 15-minute documentary on gender equitable innovations to strengthen women s voice and representation which was produced as part of the project activities was showed to participants for their comments and inputs. Expressions after the viewing ranged from excitement to hope for a better land administration system in the country. Key inputs/comments made include: Minimizing the background music so voices can be audible; Suggestion of a longer and shorter versions of documentary so as not to lose important footage; 17

19 Suggestion of the inclusion of a voice from the Parliamentary Select Committee on Lands and Forestry to ensure that voices of all key stakeholders are documented to attract the needed attention and political leverage. Participants were appreciative of the fact that the documentary did not focus only on existing problems but innovations towards solutions for gender equitable land governance. 8.0 PLENARY - COMMUNIQUE Participants deliberated on the communique and made general inputs. Three (3) groups were formed to critically look at the communique and review. Each group presented its report. The chairpersons and rapporteurs of the groups; and representatives of the innovations formed a drafting team to consolidate work done by the 3 groups. It was agreed that NETRIGHT s Steering Committee and the Project Committee should finalise the communique before sharing with the media (final communique attached). 9.0 NEXT STEPS It was agreed that the country-wide assessment report, documentary and the outcome of the policy dialogue should be shared widely with parliament, the Ministry of Lands and Natural Resources and its departments and agencies, academic and research institutions working on land, traditional leaders, CSOs and the media. They will also be used as advocacy materials to influence gender equitable land governance and agricultural investments in the country. NETRIGHT was asked to mobilise women s rights organisations (WROs) including grassroots organisations and groups working on land rights to actively engage the processes leading to the passage of the Land bill into law and the adoption of the Guidelines for the Large Scale Land Acquisitions. As a way forward, the following specific actions were agreed on: 1. Communique: NETRIGHT s Steering Committee and the Project Management Committee should finalise the communiqué. The final communique should be shared with Parliament, Ministry of Lands and Natural Resources, Land Sector Agencies (LSAs), traditional leaders, CSOs, media and the general public; 2. Land Bill: The Land Administration Project 2 (LAP 2) has started consultations on the Land bill to solicit inputs from identifiable groups and the public; NETRIGHT should provide leadership and gender analysis for WROs to engage the Land Bill processes as well as engage parliament, the Lands Ministry and LAP 2 to ensure a gendered Land bill is passed into law;; 3. Memorandum: NETRIGHT should study the memorandum on the Land bill and provide inputs; 4. Guidelines for Large Scale Land Acquisition: NETRIGHT should study the guidelines and provide inputs form a gender perspective; 5. Intensify Awareness: NETRIGHT should create public awareness especially among rural women on the land bill and guidelines and ensure that their interests are covered WRAP UP/CLOSING The Programs Manager of NETRIGHT thanked participants for their fruitful contributions. She noted that the issues discussed and shared will be useful to the project and also inform the 18

20 communiqué to be shared with the general public. She urged participants to continue the discussion in their communities, regions and nationally to increase advocacy for women s land rights. 19

21 PARTICIPANTS LIST NUMBER NAME GENDER ORGANISATION/REGION /PHONE NUMBER 1. Richard K Owusu-Asare M Land Resource Mgt. Centre (Ashanti rowusuasare@yahoo.com Region) / Christiana Carl Oparebea F TUC, Central Region coparebea@yahoo.com 3. Amina Karim F Grassroot Sisterhood Foundation (Beneficiary), Northern Region - 4. Salima Alhassan F GSF Beneficiary, Northern Region 5. Usif W. Usman M Grassroot Sisterhood Foundation, Northern Region 6. Sarah Antwi-Bosiako F LAP-Ministry of Lands and Natural Resources, Accra - usif@yahoo.com sarahantwibosiako@yahoo.com 7. Adwoa Sakyi F iuf/netright sakyiadwoa@gmail.com Cecilia Anane-Otchere F TWEDA, Brong Ahafo Region Ceciato24@yahoo.com 9. Abena Akgo F Colandef Beneficiary, Opeikuma Arhinful Leornard M Lands Commission, Central Region Dzodzi Tsikata F NETRIGHT Diana Gakpetor F Ghana Federation of Labour Theodora M. Mends F Lands Commission

22 14. Norteye Rose F CICOL Dr Stan Adiaba M Lands Commission stanadiaba@gmail.com 16. Nana Koso Banafo II M Awutu Traditional Area Getrude D. Torvikey F ISSER jiffahose@yahoo.com 18. Joyce Nyame F NETRIGHT 19. Victoria Aniaku F WIAD/MOFA aniaku05@yahoo.com 20. Amy Esi Buah F PPRD/MOFA amaku05@yahoo.com 21. Hon Sewaa Asamoah F MLRN 22. Benjamin Quaye M LAP 2 benquaye@yahoo.com 23. Comfort Sekyere F Suhum Budu (WiLDAF Ghana beneficiary) 24. Michael C. Annan M Awutu Traditional Area Ekua Ansah-Eshon F ATCWAR attwwar@yahoo.com 26. Naakye Odaakor Pobiotey F Awutu Traditional Area Lois Aduamoah-Addo F WILDAF Ghana Victoria A. Sarpong F MLNR 29. Nana Ama Yirrah F COLANDEF colandef@gmail.com 30. Faustina Boakye F NETRIGHT/Ghana Alliance for fboakye@gmail.com 21

23 Clean Stoves 31. Hon Alhaji Amadu Seidu F Parliamentary Select Committee on seidump@aol.com Lands and Forestry 32. Christie Bobobae F O.A.S.L christiebobobae@yahoo.com 33. Lorinda Sawyer F O.A.S.L lorsaw@gmail.com 34. Hans Awude M GAWU of TUC hanswud@gmail.com 35. Rose Mensah-Kutin F ABANTU/NETRIGHT Barbara Ayesu F LAWA-Ghana Lawaghana98@yahoo.com 37. Pauline Vande-Pallen F TWN Africa/NETRIGHT 38. Ruth Grant Antwi F NETRIGHT 39. Kyei Ebenezer Bediako M CICOL mail@cicolghana.org ambitiouskyei@gmail.com 40. Helen Kyei F Ministries helenk@ymail.com 41. Patricia Blankson Akakpo F NETRIGHT pakakpo@netrightghana.org 42. Chris Dadzie F ISODEC kyrsdadzie@hotmail.com 22