Land Governance and Gender: The Tenure-Gender Nexus in Land Management and Land Policy

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Land Governance and Gender: The Tenure–Gender Nexus in Land Management and Land Policy
Copyright
Contents
List of Contributors
Foreword
Acknowledgement
1 Introducing Land Governance and Gender in the Context of Land Tenure
	1.1 Background
	1.2 Why Land Governance, Land Tenure and Gender Matter
	1.3 Grasping Land Governance as an All-Disciplinary Concern
	1.4 Unpacking Land Governance
	1.5 Unfolding New and Emerging Tenure–Gender Nexus of Land Governance
	1.6 Deconstructing Gender as a Continuum: From Bilinear to Multilinear Concepts and Applications
	1.7 Multiplicity of Descent-Based Tenure Structures in Land Governance Systems
	1.8 Innovations, Scope and Overview of the Chapters
	References
Part 1 Concepts, Debates and Perspectives on the Governance and Gender Aspects of Land
	2 Gender, Structural Inequality and Just Governance
		2.1 Introduction
		2.2 Land
			Ontologies and Affordances
			Who Has Land Access?
		2.3 Gender and Governance
			Failures of Governance
			Unjust Governance
		2.4 Prescriptions
		References
	3 Land Tenure and the Nuanced Gender Debates in Sub-Saharan Africa: Realities and Illusions
		3.1 Introduction
		3.2 Overview of Gendered Land Tenure Debates across Sub-Saharan Africa
		3.3 Gendered Land Tenure –Highlights of some Sub-Saharan Africa Country-Specific Cases
			Uganda (East Africa)
			Cameroon (Central Africa)
			Ghana (West Africa)
			Zambia (Southern Africa)
		3.4 Gendered Land Indicators and Statistics across Sub-Saharan Africa
		3.5 Synthesis and Policy Recommendations
		References
	4 Land Governance and Gender in Support of the Global Agenda 2030
		4.1 Introduction
		4.2 Land Governance, Gender and Global Agenda 2030: Tripartite Relationship
		4.3. The Elements of Land Governance and Gender within the SDGs
		4.4 The Monitoring and Assessment of Land Governance and Gender
		4.5 The Role of Land Governance and Gender in Support of the Global Agenda
		4.6 The Wider Global Agenda
		4.7 Key Challenges Ahead
			Building Basic and Inclusive Land Administration Systems.
			Institutional Change
			Natural Disasters and Disease Pandemics
			Capacity Development
		4.8 Final remarks
		References
	5 Governing African Land in an Era of Instability
		5.1 Introduction
		5.2 Commercialization and the Demand for Land
		5.3 Land ‘Reform’
		5.4 Landholders and Land Users
		5.5 Investment
		5.6 Land Markets and Social Change
		5.7 Governing Practices: Multiple Rules, Competing Authorities and Lines of Conflict
			Gender
			Rewriting history
			Chiefs and state
			Generations
		5.8 Conclusion
		Endnotes
		References
Part 2 Tenure–Gender Dimensions in Land Management, Land Administration and Land Policy
	6 Advancing Women’s Position by Recognizing and Strengthening Customary Land Rights: Lessons from Community-Based Land Interventions in Mozambique
		6.1 Introduction
		6.2 Women’s Tenure Security in Africa
		6.3 The Land Tenure and Gender Context in Mozambique
		6.4 Case studies
			Community Land Rights and Women Baobab Harvester Clubs in Manica
			Strengthening Customary Land Rights in an Investment Zone in Zambezia
			Challenges of Organizational Culture and Scale: Enhancing Gender Strategies in Community Land Delimitation
		6.5 Discussion
			Interplay of Land Interventions with Gendered Livelihoods, Tenure Systems and Cultural Practices
			The Place of Agricultural Development Programmes, Land-Based Investments and Natural Resource-Based Value Chains in Shaping Outcomes for Women
			The Central Role of Organizational Culture and Gender-Sensitive Methodologies in Engaging Women
		6.6 Conclusion
		Endnotes
		References
	7 Women’s Insights on Bargaining for Land in Customary Tenure Systems:Land Access as an Individual and Collective Issue
		7.1 Introduction
		7.2 Conceptual Framework:Women’s Access to Land and Bargaining Power
		7.3 Setting the Context: The Land Governance Structure and Women’s Access to Land
		7.4 Methods and Methodology
		7.5 Findings and Discussion
			Married Women Bargaining with a Husband: Failures and Successes
			Widows Bargaining with In-Laws
			Bargaining Across Scale: Involving Traditional Authorities
			Bargaining for Land: An Individual or Collective Structural Problem?
			Land Certification: Improving Individual Tenure Security
		7.6 Conclusion
		Endnote
		References
	8 Gender-Sensitivity in Land Management: Trajectory of Housing, Agriculture and Land Ownership in South Korea
		8.1 Introduction
		8.2 The Gender Dimension of Land Management
		8.3 Initiatives in Support of Gender-Sensitivity in Land Management in Korea
			‘Women-Friendly Cities’ Programme
			‘Safe Housing’ Schemes for Single-Woman Household in Seoul
			‘Urban-to-Rural Migrant Women’ Support Programmes
			Use of Gender-Disaggregated Data on Land Ownership
		8.4 Reflections on the Learning Points on Gender and Land Issues in Korea
		8.5 Conclusion
		References
	9 Analysing Non-Legal Barriers to Land Ownership by Women
		9.1 Introduction
		9.2 Context of Women’s Land Ownership
		9.3 Legal Aspects
		9.4 Non-Legal Barriers and Global Themes
		9.5 Themes from Across the Globe
		9.6 Analytical Approach
		9.7 Results
		9.8 Policy Implications
		9.9 Conclusion
		References
Part 3 Applications and Experiences:Techniques, Strategies, Tools, Methods and Case Studies
	10 The Evolvement of Land Consolidation in Rural China from the Perspective of Governing Tension between Construction Land Expansion and Farmland Protection
		10.1 Introduction
		10.2 Evolvement of Land Consolidation
			Linking Land Consolidation with RCBF Policy
			Applying Land Consolidation in LULIRLD
			Transfer of Land Surplus Quotas
		10.3 Supporting Mechanism for Land Consolidation Implementation
		10.4 Implications and Drawbacks
			The Implications
			The Drawbacks
		10.5 Conclusion
		References
	11 Discourse on Women and Land Tenure in Ghana: Does a Matrilineal Land Tenure System Make a Difference for Women?
		11.1 Introduction
		11.2 Matriarchy and Matrilineality in Land Tenure Context
			Matriarchy and Matrilineality
			Matriarchal and Matrilineal Land Tenure Systems: A Global Historical Perspective
		11.3 Matrilineality and Matriarchy:Local Narratives on the Asantes of Ghana
		11.4 Land Tenure among the Asante
		11.5 The Ideal Place of the Woman in Asante Matriarchal/Matrilineal Society
			Women and Inheritance in Asante Matrilineal System
			The Asante Woman in Marriage and the Relation to Matrilineal Property
		11.6 The Beginning of ‘Matriarchy Crisis’
		11.7 Weakening ‘Female Power’ and Land Access in the Matriarchal System
			The Verbal Abuse: Social Stereotypes of Women in Land Ownership are Disempowering
			The Emergence and Prevalence of the ‘Male Matriarchy’
			The Monetization of Communal Land
		11.8 Conclusion
		References
	12 The Gender Dimensions of Land Tenure Reforms in Ethiopia 1995–2020
		12.1 Introduction
		12.2 Historical Context: FeudalTimes to 1974
			Southern Ethiopia
			Northern Ethiopia
		12.3 Traditional Positions of Women
		12.4 Land Laws: Are They Ensuring Gender Equity?
		12.5 Is the Knowledge and Practice of the Law Granting Gender Equity?
		12.6 Land Registration and Certification: First Stage and Gender Equity
		12.7 What are the Productivity and Welfare Effects of Strengthened Land Rights for Women?
		12.8 Land Registration and Certification: Second Stage and Gender Equity
		12.9 Future Challenges
		Endnotes
		References
	13 The Paradox of Islamic Land Governance and Gender Equality
		13.1 Introduction: Land Governance and Islamic Land Perspectives
		13.2 Placing Islamic Land Perspectives into Historical Context
		13.3 Islamic Land Law and the Gender Paradox
		13.4 Legal Pluralism, African Land Law and the Role of Islamic Land Governance
		13.5 Conclusions: Addressing ‘Islamic’ Land Governance and Gender Equality
		References
Part 4 Land Governance, Gender and Tenure Innovations
	14 Transforming Legal Status of Customary Land Rights: What this Means for Women and Men in Rural Africa
		14.1 Introduction: Objective, Approach and Presentation
		14.2 Context: Customary Tenure in the Modern Day
			Customary and State Land Law
			Customary Tenure as Community Tenure
			The Famed Adaptability and Pragmatism of Customary Tenure
			The Scope of Customary Lands and Land Tenure Today
			The Customary Land Estate in Africa
		14.3 Contemporary Land Reform
			The Global Picture
			Land Tenure Reform in Africa
			Problematic Application of the Law
		14.4 Gender Provisions in New Land Laws
		14.5 Conclusions
			Tenure Reform as a Trigger to Women’s Empowerment
			Difficulties Putting Collective and Women’s Rights Back in the Box
		Endnotes
		References
	15 Women and Land Inheritance under Legal Pluralism in Lesotho
		15.1 Background
		15.2 Why Land Inheritance Matters for Women Across Africa
		15.3 Overview of Women’s Land Inheritance Rights Under Legal Pluralism in Sub-Saharan Africa
		15.4 Lesotho Women’s Experiences in Inheriting Land Under Legal Pluralism
			Why Land Inheritance is Important for Women in Lesotho
			Legal and Institutional Frameworks Governing Land In heritancein Lesotho
				How Marriage Informs Land Inheritance Dynamics for Basotho Widows
				Succession Planning under Custom and Statute in Lesotho
				How Women Experience Land and Inheritance Under Legal Pluralism
			Limits of Statutory Law in Protecting Women’s Land Inheritance Rights in Lesotho
				Bias Towards Registered Land
				The Institutional Capacity Bottlenecks
				How Customary Norms and Alternatives Limit Statutory Succession Planning
				Statutory Institutions’ Inconsistency in the Processing of Statutory Wills
				Challenges in Enforcing Succession Plans
		15.5 Reflection: How to Strengthen Women’s Land Inheritance Under Legal Pluralism
		Acknowledgement
		References
	16 Tenure-Responsive Zoning Regulations for Better Gender Equality in Land Management in Kigali City, Rwanda
		16.1 Introduction: Trajectory of Gender Equality in Land Ownershipfrom the Lens of the African Land Reform
		16.2 Land Use Rights from the Lens of Spatial Planning in Rwanda
		16.3 Research Framework
		16.4 Data Source and Methods
		16.5 Findings
			Patterns of Tenure Insecurity: Forced Land Sale and Risks of Landlessness
			Livelihood Challenges Associated with the Limited Mixed Land Use
		16.6 Options for Promoting Sociospatial Integration and Land Tenure Security
			Decentralization of the land use planning processes and actual engagement of the landowners
			Promotion of the low-cost housing development and preservation of the suitable agriculture land
			Site servicing through the integrated infrastructure and services provision
		16.7 Conclusion
		References
	17 New Hope and Future for Rural Areasunder COVID-19 Circumstances? Rural Development, Pandemic Liveability and Reverse Migration
		17.1 Background
			Imagining Rural Opportunities During a Global Virus Outbreak
			‘The village is in, big cities are out’:Towards Improving Rural Areas During the COVID-19 Pandemic
			The Approach to the Study
		17.2 The Concepts of Pandemic Liveability, Reverse Migration and Rural Development
		17. 3 Reverse Migration: Why Rural Areas Matter During a Pandemic-Driven Crisis
		17.4 Where from Here? New Hope and Future for Rural Areas Under COVID-19 Circumstances?
		17. 5 Conclusion
		Endnote
		References
	18 Using Urban Literacy to Strengthen Land Governance and Women’s Empowerment in Peri-Urban Communities of San Andrés Cholula, Mexico
		18.1 Applying Land Governance Principles in Traditional Peri-Urban Communities in Mexico as a Challenge
		18.2 The Principles of Good Governance in the Context of Cholula’s Sociopolitical Office System
			Historical Background of the Contested Territory of San Andrés Cholula
			Sistema de cargos: An Overlapping Structure of Power
			The Murky Implementation of the Municipal Program for Sustainable Urban Development (MPSUD) of San Andrés Cholula
			Applicability of Good Governance Principles in a Complex Sociopolitical Context
		18.3 Urban Literacy Towards Stakeholder Engagement: Process and Methods
			Structure of the Urban Literacy Workshops (SULW)
		18.4 The Role of Women in Strengthening Land Governance Through SULW
		18.5 Conclusions
		Endnotes
		References
	19 Land Governance and Gender for a Tenure-Responsive Future
		19.1 (Re)Structuring Land Governance for Knowledge and Practice
		19.2 Why it is Important to Consider Gender in Land Governance
		19.3 Diagnosing Land Governance and Gender Concerns Using Some Key Tools
		19.4 Conclusion: The Tenure–Gender Nexus Going Forward
		References
Index
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