AFRICAN UNION LAND POLICY INITIATIVE Terms of Reference Improving Access to Land and strengthening land rights of women in Africa Women of Africa toil all their lives on land that they do not own, to produce what they do not control, and at the end of their marriage, through divorce or death, they can be sent away empty handed. President Julius Nyerere, Third World Conference on Women, 1984 1. Background The Land Policy Initiative (LPI) was established in 2006 as a joint initiative of the tripartite consortium constituted by the African Union Commission (AUC), the Economic Commission for Africa (ECA) and the African Development Bank (AfDB). In its first phase (2006-2009) the LPI was successful in developing the Framework and Guidelines on Land Policy in Africa (F&G), with a view to facilitating land policy development, implementation and monitoring. The F&G was developed through a highly consultative process and a rigorous roadmap of activities, including regional assessments and multi-stakeholder consultation workshops on land policy; it was reviewed and adopted by the African Ministers responsible for land, in Addis Ababa, Ethiopia, in April 2009 after which it was endorsed by the highest level of African governance, the AU Heads of State and Government, through a Declaration on Land Issues and challenges in Africa, during the 13 th Assembly of the African Union in Sirte, Libya, in July 2009. The launching of the implementation of the Declaration at the Conference of Ministers of Agriculture in Lilongwe Malawi in October, 2010, marked the beginning of the second phase of the LPI, dedicated to the implementation of the AU Declaration on land. 2. Addressing access to land and security of land rights for African women The Regional Assessment Studies on Land Policy conducted for Central, Eastern, North and Southern Africa by the LPI between 2007/2008 highlight the issue of access to land and security of land rights for African Women as a key constraint to Africa s socio-economic development 1. 1 AUC-ECA-AfDB Consortium (2010). Regional Assessment Studies on Land Policy in Central, Eastern, North, Southern and West Africa: Synthesis Report
2.1 Some key issues relating to women s land rights Women and customary land rights regimes: The majority of land in Africa is governed under customary regimes, relying on traditional customs and institutions to govern land. It is no secret that under many customary systems women face discrimination when it comes to access to, control and ownership of land resources. This marginalization of women with respect to land rights in Africa is a result of culturally embedded beliefs and practices on the role and status of women in society. Women are usually excluded from inheritance of land in the context of dominant patriarchal systems accessing land through marital relations (husband), another male member of her family (father, uncle, brother, son) or borrowed from other land owners. Even in matrilineal societies land owned by women is essentially controlled by the women s male kin, usually maternal uncles. Women s land rights in the context of statutory law: Beyond customary systems, women are also discriminated under formal (statutory) systems. Imported land laws tend to cement the system of patriarchy by conferring title and inheritance rights upon male family members based on the theory that women, especially married women will access land through their husbands or male children; and secondly by clawback clauses in many African constitutions and other legal tools such as the African Charter on Human and Peoples Rights (ACHPR), which permit discrimination on matters of personal law (relating to nationality, capacity, domicile, etc) that often operate against women s right to equal treatment under the law. Even in countries where statutory law provides provisions to facilitate equal access to land by women, women may not be aware of their rights or may not have access to justice. In most cases they fear of violence and harassment lead them to give up their rights in order to avoid tensions within the family. Women, land and Agriculture: it is widely acknowledged that improved women s access, control and ownership of land and productive resources is a key factor in eradicating hunger and rural poverty. According to FAO, rural women contribute 60-80% of labour used to produce food for both the household consumption and for sale, mainly through a system comprising approximately 33 million small farms, constituting 80% of all farms in the region. Secure access to land and secure land tenure rights for small farm holders can greatly enhance productively of family farms through: a) investments in sustainable land management practices; and b) access to credit for productivity enhancing technologies. Unfortunately, many African women who till the land do not own or control land, nor the produce for which they toil. And, even when women are allowed access land to cultivate crops of their choice, they are often relegated to the more marginal and unproductive parcels of land. With an upsurge of interest in Africa s farmlands for foreign direct investment and large scale farming by local elites, women s access to land continues to be put at risk with potential detrimental effects on agricultural productivity and food security. Women s land rights in the context of rapid change: Women s previous entitlements to land under customary systems (in most cases user rights) tend to be continuously weakened as a result 2
of changes in land tenure systems over periods of colonialism as well as post-independence. The land redistribution and most recently land privatization processes implemented during these periods have generally been gender blind, and therefore have not taken into consideration the specific situation and needs of rural women. Access of women to land through land markets is growing, but is still limited to urban and peri-urban areas and accessible only for a small number of wealthy women. Women s land rights are even further weakened in the context of the HIV pandemic as widows and orphans are dispossessed from the family lands when male relatives die. If changes are to uphold women s tenure security, the social disruptions caused by the HIV- AIDs pandemic must be taken into account and addressed. 2.2. A call to address challenges related to women s land rights In their Declaration on land, the African Heads of States and Governments committed to ensure that land laws provide for equitable access to land and land related resources for all land users, giving special attention to strengthening the land rights of African women. The F&G provides guidance on how to address challenges related to access to land and land tenure security for women, noting that it is one of the major land policy challenges throughout the continent. The F&G in particular points to the discrimination against African women in access and control of land as both undemocratic from a governance standpoint and counterproductive in terms of economic development. Strengthening the land rights of women can be achieved through a variety of policy and legal measures, which need to go hand in hand with relevant administrative, technical, economic and social measures. Different experiences and best practices are available in this regard across the continent. Finally, the F&G concludes that appropriate measures for strengthening women s land rights need to be part of an ideology which removes issues regarding the land rights of women from the private sphere of marriage and family and places them in the public domain of human rights. 2.3 The LPI response to strengthen access to land and land rights of Women In its second (post-declaration) phase the LPI aims to assist member states in the implementation of the Declaration on land issues and challenges in Africa, in accordance with the Framework and Guidelines on Land Policy in Africa in order to achieve socio-economic development, peace and security, and environmental sustainability. In response to the AU Declaration s call to assist member states in addressing women s land rights, the LPI has included this important issue in its strategic plan. In this regard, the LPI will aim to achieve the following in support of women s land rights: - Promote knowledge generation, information sharing and networking at all levels in order to promote land policies that are sensitive to the specific needs of African women - Facilitate dialogue on women s land rights issues with a view to raising awareness on the importance of addressing related challenges that hamper socio-economic development, peace and security and environmental sustainability 3
- Advocate for women s land rights in the context of land policy development and implementation, and indeed in the context of implementing programs in land based sectors of Africa s economies - Coordinate and galvanize the efforts of partners towards effective synergies and partnerships for addressing women s land rights - Facilitate capacity building at all levels in support of women s land rights in the context of land policy development and implementation in Africa - Develop monitoring and evaluation tools in support of addressing women s land rights issues in land policy development and implementation - Provide technical support and advisory services to RECs and members states who are in need of support to integrate/address women s land rights issues in land policy development and implementation - Facilitate resource mobilization in support of efforts to address women s land rights in land policy related research, advocacy, capacity building, technical support and advisory services The proposed study on improving access to land and strengthening land rights of women in Africa intents to achieve part of the objectives of LPI as they relate to women s land rights as outlined in the LPI strategic plan. 3. Objective of the study and main tasks of consultant 3.1 Objectives The overarching objective of the study is to enhance knowledge (generation and dissemination), build evidence and raise awareness on the need to strengthen Women s land rights for economic development, improved livelihoods, environmental sustainability and enhanced governance. Specific objectives include, to: i. Clarify the inter-relations between women s land rights and socio-economic development, peace and security and environmental sustainability in Africa, highlighting the impacts of the discrimination against women with regard to access, control and ownership of land; ii. iii. iv. Identify, document and disseminate promising practices related to strengthening women s land rights; Examine possible benchmarks and indicators to track progress made in strengthening women s land rights in the context of the implementation of the AU Declaration on land. Provide concrete recommendations on how to further promote dialogue, advocacy, partnerships and capacity development in support of women s land rights in Africa 4
3.2 Main tasks for the consultant The consultant will work in a team of two or three consultants to: 1. Develop a Concept Paper for discussion at an inception/expert meeting, outlining a. Key concepts and issues related to women s land rights b. The conceptual model on the linkages between women s right to land, agriculture, food security c. A synopsis of the current level of knowledge and challenges relating to women s land rights and how they are addressed in land policies and their implementation d. Proposed data needs methodology and for the study 2. Participate in an inception/experts meeting to review and validate the methodology for the study 3. Conduct a study on women s land rights and draft a report outlining: a. The current state of knowledge pertaining to women s land rights issues in Africa and their impacts on socioeconomic development, peace and security, and environmental sustainability b. Empirical evidence on the linkages between women s land rights and key indicators of socio-economic development, peace and security and environmental sustainability in Africa c. Examples of benchmarks and indicators to track progress made in strengthening women s land rights in the context of the implementation of the AU Declaration on land. d. Current status of how challenges related to land rights for women are addressed in land policies and land administration systems in Africa, identifying key gaps e. Key stakeholders and partners in research, advocacy, policymaking, land administration and financing in support of women land rights in Africa f. Promising initiatives and practices on how to address women s land rights issues and how they can be scaled up and out to other parts of the continent 4. Participate in a review/validation workshop 5. Prepare a Note (summary report) for e-discussions 6. Participate in an e-discussion on women s land rights and draw relevant inputs for finalising the report 7. Finalise the report based on review comments and e-discussions 8. Contribute to advocacy materials in support of dialogue and advocacy on women s land rights 5
4. Methodology The methodology will include: - A desk review of key concepts, models and empirical evidence on women s land rights and their links to socio-economic development, peace and security and environmental sustainability; - An inception meeting of consultants with selected resource persons and partners to gain a common understanding of the key concepts, objectives, expected outcomes and methodology of the study; - Expert interviews with selected resource persons (including traditional leaders) - E. discussions - Validation workshop - Fora on women s land rights in Africa 5. Outputs Concept paper on women s land rights in Africa Publication on women s land rights in Africa, including promising practices 6. Timeline The consultancy assignment will take 45 days, spread over a three-month period. 7. Reporting The Consultant will work under the overall guidance and supervision of Chief of the LPI, Dr. Joan C. Kagwanja and in close collaboration with the Lead Land policy Expert, Dr Hubert Ouedraogo. 8. Consultancy fees The honorarium and other payments will be indicated in the contract. 6