Women’s Access to Land and Property from an Access to Justice Lens in the Asia-Pacific:Draft Discussion Paper

Dr. Ritu Verma UNDP APRC Senior Consultant

Regional Consultation June 9 – 10, 2014Courtyard by Marriott Hotel, Bangkok, Thailand

Outline

Background

Conceptual framework

Survey findings

Mapping (actors, laws, key/emerging issues, gaps)

Preliminary conclusions

Preliminary recommendations

Background: Process and Sub-Regions

Initi

al R

evie

w SurveyLiterature reviewStakeholder inputs

Dis

cuss

ion

Pape

r Survey analysisConceptual frameworkGender analysisInitial mapping

Fram

ewor

k Regional consultationParticipatory engagementFine tune discussion paperMapping

Prog

ram

me Post-Regional

consultationGuiding framework

South East Asia

South Asia

North Asia Pacific

Conceptual Framework I

Access to Justice

Human Rights Based

Approach

Gender, Land &

Property

Conceptual Framework II

• ability to seek and obtain remedy and advance rights • gain protection, become enabled to use law, justice institutions • In accordance with human rights standards • legal empowerment vis-à-vis the state, market, customary and

social institutions

Access to Justice

• conceptual approach for human development• normative basis: human rights – international standards• protection and promotion of human rights• address inequalities in development problems• redress discriminatory practices and gender power imbalances

that impede development

Human Rights Based

Development Approach

Conceptual Framework III

• material possessions owned, accessed or controlled, individually or collectively (money, housing, infrastructure, household effects, personal belongings and effects, harvested crops, seeds, agricultural implements, vehicles and other modes of transportation, livestock, etc.)

Property

• rights, restrictions, responsibilities with respect to land (U.N., 1999)• different forms of land tenure - ownership, leasehold, common,

communal or customary land tenure systems/complex mixture of tenure systems co-exist (public/private ownership, owner-occupied/rental dwellings, etc. (UNGA, 2001)

• different meanings of land (commodity, identify, status, spirituality, lineage, etc.)

Land Tenure

• systematic examination of context-specific socio-culturally constructed roles, relationships, social institutions, agency and negotiation processes, between and among women and men (heterogeneous)

• differences in power, wealth, decision-making, labour, access to justice, as well as ownership, control, security and access to resources such as land and property

Gender Analysis (women focus)

Survey Findings: Overview

•Gender (67.4%/27.%9/4,7%)•Country from = Country for•Broad range of organizations•Key inputs and identification of issues•Shaped discussion paper

Survey FindingsCustomary Laws &

Institutions (inheritance, gender bias, lineage, decision-

making)

Statutory Laws & Institutions (A2J, legal aid, reform,

policies, gender discriminatory judiciary and

civil servants, advocacy)

Culture (status, identity, power relations, livelihoods, indigenous people, gender

bias)

Research & Action (women’s leadership, awareness-raising,

decision-making power, governance institutions,

collective action)

Academia/Research

International Community

INGOs

Regional CSOs and Networks

International Networks, Alliances

Countries in 4 Sub-

Regions

Mapping: Key Actors

Mapping: Legal Frameworks

Mapping: Key and Emerging Issues

Legal Pluralism

• International Laws • Statutory Laws• Customary Laws• Titling• Family Laws

Drivers of

Change

• Globalization and Economic Framings:

• Patriarchal Framings• Extractive Industries• Simultaneous International

Crises (Food, energy and finance)

• Conflicts and Post-Conflicts

Impacts of Drivers of

Change

• Land Grabs• Corruption and Elite Capture• Commercialization of Land• Common Property • Privatization and Enclosure of Land• Urbanization• Other Issues (HIV/AIDS, GBV, Bonded Labor,

Backlash, etc.)

Mapping: Research Gaps• Women’s ownership of landData

• Sub-region: PacificKnowledge

• Women at the grassroots (translation)Awareness

• Narratives and experiencesWomen’s Stories

• Impact: gender sensitivity: government agents and grassroots womenAction oriented research

• Women pushing for change (3 B’s)Reflexivity

• A2J, HRBA, L&P, GA, AP Regional analysis

Preliminary Conclusions I

• Statutory laws at national level and provincial laws (India)• Statutory laws and customary laws (space to maneuver as well

as contradictions)Differences in laws

• Suffer from lack of implementation and enforcement• Justice and legal institutions are not always accessible,

especially for the economically poorest and most marginalized women

• Local entry points (legal aid, district land offices, law enforcement, etc) often discriminate against women

Good statutory laws exist but

• Most accessed, cost-effective and known• Need to work with men as gatekeepers• Get women on board

A2J within the domain of customary institutions

Preliminary Conclusions II

• Land titling, certification, etc.• Statutory and customary laws and institutions• Engaging with the international human rights system• Voluntary codes, guidelines, etc.

Engage in key debates

• Problem-solving and partnerships• Engage in deeper scoping studies and consultations in-country

in planning phase

Inter and trans-disciplinary

• National initiatives• And regional exchanges and mutual learning

Regional Programming

Preliminary Conclusions III

• Occurs through various institutions (state, markets, customary AND social institutions (i.e. watch dog groups, women’s groups, etc.)

Legal empowerment

• Is important (keeping in mind that access can change over time, with back-sliding, over-turning of laws, etc.)A2J

• Require gender transformative change (i.e. change in actual gender relations)

Longer-term solutions

• Are inseparable, but are often fought on different “turfs”, with different rules

Legal and social battles

• Are absolutely critical to address: backlash, backsliding and burnoutThree B’s

Preliminary Recommendations

Legal and Policy Reforms, Implementation &

Customary

•Adequate implementation of national laws and policies

•Remover gender discriminatory provisions

•Monitor extent to which MNCs are complying with national laws (land grabs)

•Strengthen awareness raising with customary leaders

Service Delivery

•Mitigate high costs associated with accessing services

•Strengthen women’s access to legal aid and counsel

•Engage with community-based paralegals

•Ensure legal empowerment of most marginalized women

•Address gender bias and discrimination in district-level land boards and institutions

Awareness-Raising

•Undertake awareness raising campaigns

•Provide women with legitimate space for engagement, information sharing, etc.

•Use multiple channels of communication (radio, flyers, drama, etc.)

•Partner with media organizations

•Provide women with psychological support and counseling

Capacity Strengthening & Knowledge Sharing

•Capacity strengthening for state actors

•Support civil society organizations, networks and movements

•Strengthen capacities for women’s collective action

•Strengthen women’s leadership and negotiation skills

•Champion men as gender champions

Research

•Regional comparative assessment

•Context-specific research• Institutional analysis •Fill urgent gaps in gender-disaggregated data and knowledge

•Collect women’s stories and narratives

Thank you! Khob Khun Ka!

“Lack of social support combined with the lack of information and economic independence means that women whose rights are violated need greater support from national institutions, and programmes and policies for the promotion and protection of their rights” (UNDP, 2005: 162).

Dr. Ritu Vermarvermapuri@gmail.com

GAL | Gender, Agriculture, Land www.facebook.com/groups/202371490608/