Written by Jagat Deuja and Rachel Knight for IIED and CSRC. Originally posted at: https://www.iied.org/helping-indigenous-communities-secure-land-rights-nepal
Main photo: Young 'social mobilisers' interviewed more than 2,700 landless or untenanted families and gathered the data that was needed for the government to register their tenure (Photo: copyright Kumar Thapa, CSRC)
The fifth anniversary of the signing of the Paris Agreement offers a moment to reflect on progress towards global climate goals. When it comes to protecting the world’s forests, which are essential to global and national efforts to combat climate change and biodiversity loss, there has been little – if any – progress.
The ability of the Embera villages in Panama to shut off the road into their community, and to exclude outsiders, is based in large measure on the government’s official recognition of their indigenous collective land rights.
The global conservation community now faces the added challenge of Covid-19 on top of a longstanding set of complex conservation, sustainability, and development challenges. In the wake of this pandemic, return to business as usual is not a viable option. The existing systems and structures upon which conservation is based must evolve. Climate change, biodiversity conservation, and poverty elimination efforts have been further complicated by Covid-19, with the brunt of the pandemic borne most acutely by the poorest and most vulnerable.
The Government of India has announced an ambitious effort to map residential areas in villages using drone technology and provide “property cards” to these rural owners. In its first phase, the Svamitva (“Ownership”) scheme will map 100,000 villages in six states, with the scheme ultimately expanding to all of India’s 662,000 villages.
Anna Letaiko is a middle-aged woman with a soft voice that carries wisdom and strength. Her husband is an older man, and together they live in small mud house in Mundarara – a remote village in Longido district in Tanzania, accessible only by a rough dirt road. It is a Maasai community similar to the one in which I grew up, except that the community’s livelihood is based on mining and pastoralism while my community still depends on farming and pastoralism.
I met Anna through my work with WOLTS – a five-year action research project on women’s land rights in pastoral communities that are affected by mining. As a speaker of the Maasai language, my job is to facilitate and translate in training sessions and help develop training materials.
In Maasai culture, it is very rare for women to own land. Men see themselves as owning land on behalf of the whole family. If women do apply for land, they usually apply in the name of their husband or son.
However, the law in Tanzania (Land Act, 1999, and Village Land Act, 1999) grants women and men the same rights to land access, ownership and control. The law also says that women have the same rights in decision-making over land. What Maasai customs mean in practice is that women are denied the right to apply for land and own it themselves.
During our research we heard that, when women in Mundarara applied for land in their own names, their applications were ignored, not taken seriously, and even thrown away. Some women were even asked for sex in exchange for land documents.
Our aim through the WOLTS project is to support the community to find their own solutions to land rights problems. To help them achieve this, we asked them to select community ‘champions’ who would be trained in land rights, mining laws, investment laws, mineral valuation and legal procedures for licence applications, as well as gender-based violence.
Anna was one of the first champions to be trained in Mundarara. When we first started working in the community, Anna did not even know that she had the right to own land. After the WOLTS training sessions, she put in an application, and it was taken seriously.
A few months later, Anna received a small plot near the village centre where she wants to build a modern house. As a trained champion for gender equity, she has promised to help other women by raising awareness and assisting them to become land owners like herself.
The growth of artisanal mining in Mundarara has brought many changes to the community, including giving families new sources of income. Women are finding that they have more opportunities to earn money and participate in community and family decision-making, including through land ownership.
Documenting and sharing Anna Letaiko’s story reminded me how quickly life is changing in pastoral districts due to factors like mining. I hope it will inspire readers, raise the voices of less fortunate groups, and improve everyday life in communities similar to my own.
This is a special Earth Day Op-Ed by Michel Forst, the UN special rapporteur on the situation of human rights defenders and Michael Taylor, the Director of the International Land Coalition Secretariat.
Platforms struggle to support communities to secure their land rights and develop agriculture
When the new coronavirus (COVID-19) arrived Africa in January 2020, governments announced draconian measures to contain its spread, including restricting movement and association.
As a Swahili speaker from Tanzania, I have not often had the opportunity to meet or work with people from remote Maasai communities. However, I recently visited the villages of Naisinyai and Mundarara in the north of the country as part of a global research project on women’s land rights in pastoral communities affected by mining (the WOLTS project).
The Parliament of South Africa has agreed to amend the Constitution of the country in order to make it explicit that it is possible to expropriate land without paying compensation in order to further land reforms. The supporters of this move - the ruling African National Congress (ANC) and the opposition Economic Freedom Fighters (EFF) – argue that this is necessary to speed up land reforms in order to overcome the continuing extreme and still largely racially defined inequalities in land ownership.
