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Implications of Community-based Legal Aid Regulation on Women's Land Rights

This brief looks at the consequences of regulating services provided at the community level to support women’s land rights, with a focus on Tanzania. They recommend programs:
• evaluate the implications for geographic coverage and program quality by defining at least two distinct tiers of paralegals to provide legal services at different levels of decentralization
• identify the appropriate educational criterion for each tier of paralegal that will identify individuals with the facility to access training materials and complete reporting requirements
• undertake additional research to establish distinct, paralegal training curricula that consider topic breadth versus relevance according to the services provided in each tier. Curricula for community paralegals should be based on analysis of the cost-effectiveness of initial training investments versus regular periodic training
• for additional insight on modalities to reduce paralegal attrition, conduct analysis on the cost effectiveness of paralegal compensation to assess the implications on program quality and sustainability [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Tanzania
Creator:
Billings, L., Meinzen-Dick, R. and Mueller, V.
Year:
2014

Land and Water Rights Hotspot

Collection Type:
Articles
Country:
Multiple Countries
Creator:
Merlet, M., Jamart, C. and L'Orphelin, S.
Year:
2014

Topic Guide: Land

Collection Type:
Articles
Country:
Multiple Countries, Mozambique, Rwanda
Creator:
Locke, A. and Henley, G.
Year:
2014

Greater empowerment and security of women through the Joint Land Ownership Certificate

Full citation: International Land Coalition. (2014). “Greater empowerment and security of women through the Joint Land Ownership Certificate.” - This paper looks at work in Nepal to push for joint ownership and increased ownership for women of land. Pre-titling activities included workshops, demonstrations, art work, meetings, and street drama. The Government of Nepal then introduced the Joint Land Certificate (JLC), issued to both husband and wife, through the Budget Policy of 2011/12. It finds that good practice calls for reducing cost and increase access generally. Fee waivers, special rates or subsidies in formalization programs for certain groups might be needed given the interaction between improved livelihoods and tenure reforms and gender gaps. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Nepal
Creator:
International Land Coalition
Year:
2014

Land Tenure Rights for Women Under Customary Law

Full citation: Benbih, K. and Katz, J. (2014). “Land Tenure Rights for Women Under Customary Law.” - This paper highlights women’s rights issues in accessing land under dual systems. The goal is to make the knowledge resulting from the use of a platform, such as the Global Housing Policy Indicators (GHI), accessible on an open source to all land specialists, NGOs, policy makers, governmental agencies, as well as a global audience, including women around the world. The cases presented illustrate various difficulties to secure land tenure for women. The GHI assessment tool finds first hand evidence of the discrepancies between constitutional laws that are mostly gender neutral and the set of unspoken social norms or customary laws that discriminate against women, by way of practices restricting women’s ability to own, inherit or individually use land. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries, Armenia, Colombia, Indonesia, Uganda
Creator:
Benbih, K. and Katz, J.
Year:
2014

Improving Land Tenure Security for Women: A Starting with Women Approach

A Starting with Women Toolkit - Full citation: Hannay, L., & Scalise, E. (2014). “Improving Land Tenure Security for Women: A Starting with Women Approach.” - This paper discusses a pragmatic, adaptive framework and approach for understanding and taking action to strengthen women’s land tenure security in the context of customary tenure in northern Uganda. The project team developed a Women’s Land Rights Framework (“Framework”), which provided a specific definition of secure land rights. The Framework defines secure land rights in terms of five elements, which each serves as the basis for distinct, measurable indicators upon which to base the project assessment, design, and evaluation. This paper presents the Framework and suggests its potential as an analytical foundation for assessing the security of land rights, for designing projects or developing policies that protect and strengthen women’s land rights, and for evaluating the effectiveness of such policies or projects.
[Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries
Creator:
Hannay, L., and Scalise, E.
Year:
2014

Women’s Land Rights and Children’s Human Capital in Vietnam

Full citation: Menon, N., van der Meulen Rodgers, Y., and Nguyen, H. (2014). “Women’s Land Rights and Children’s Human Capital in Vietnam.” World Development, 54, 18-31. - Vietnam’s 1993 Land Law created a land market by granting households land-use rights which could be exchanged, leased, and mortgaged. Using a matched household sample from Vietnam’s 2004 and 2008 Household Living Standards Survey, this study analyzes whether land titling for women led to improvements in child health and education. Results from the land market indicate that female-only held land-use rights decreased the incidence of illness among children, increased their health insurance coverage, raised school enrollment, and reallocated household expenditures toward food and away from alcohol and tobacco. These effects were almost all stronger than in households with male-only or jointly-held land-use rights.
[Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Vietnam
Creator:
Menon, N., van der Meulen Rodgers, Y., and Nguyen, H.
Year:
2014

Environmental and gender impacts of land tenure regularization in Africa: pilot evidence from Rwanda

Full citation: Ali, D.A., Deininger, K., and Goldstein, M. (2014). “Environmental and gender impacts of land tenure regularization in Africa: pilot evidence from Rwanda.” Journal of Development Economics, vol. 110, 2014, 262-275. - This paper evaluates the short-term impact (approximately 2.5 years after completion) of Rwanda’s land tenure regularization pilots. The findings included, land tenure regularization improved land access for legally married women and prompted better recordation of inheritance rights without gender bias; and for female-headed households, specifically, regularization had a very large impact on investment and maintenance of soil conservation measures. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Rwanda
Creator:
Ali, D.A., Deininger, K., and Goldstein, M.
Year:
2014

Who Owns the Land? Perspectives from Rural Ugandans and Implications for Large-Scale Land Acquisitions

Full citation: Doss, C., Meinzen-Dick, R., and Bomuhangi, A. (2014). “Who Owns the Land? Perspectives from Rural Ugandans and Implications for Large-Scale Land Acquisitions.” Feminist Economics, 20(1), 76-100. - This article is based on a 2008–09 study of land tenure in Uganda. It analyzes how different definitions of land ownership – including household reports, existence of ownership documents, and rights over the land – provide very different indications of the gendered patterns of land ownership and rights. While many households report husbands and wives as joint owners of the land, women are less likely to be listed on ownership documents, and have fewer rights. A simplistic focus on “title” to land misses much of the reality regarding land tenure and could have an adverse impact on women’s land rights [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Uganda
Creator:
Doss, C., Meinzen-Dick, R., and Bomuhangi, A.
Year:
2014

Learning from a 'paralegals' intervention to support women's property rights in Uganda

Full citation: Patel, P. Douglas, Z., and Farley, K. (2014). “Learning from a ‘paralegals’ intervention to support women’s property rights in Uganda.” ICRW. - This paper analyzes an ICRW and Uganda Land Alliance program to establish and build the capacity of a legal rights worker organization in Luwero District, Uganda. The program aimed to support women’s property rights by training a group of male and female community members to become legal rights workers. Referred to as “paralegals”, these legal rights workers provide legal advice, mediation services, and education about WPR and other property rights issues to people in their communities. It found that targeted sensitization messages help to support the intensity and reach of community education efforts on women’s property rights, that two levels of training and technical support for paralegals have been critical: 1) formal, structured trainings on the law and women’s property rights; and 2) ongoing, more personalized assistance on handling property rights disputes/cases and delivering sensitization messages on women’s property rights, that strengthening relationships with local leaders and institutions — whether with local councilpersons, religious leaders, or law enforcement bodies — is critical for the successful implementation of a community-based legal aid program that aims to strengthen women’s property rights, and that implementing a comprehensive monitoring and evaluation system enabled the program to identify challenges and formulate new approaches will help increase its effectiveness. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Uganda
Creator:
Patel, P. Douglas, Z., and Farley, K.
Year:
2014

Land Rights Knowledge and Conservation in Rural Ethiopia: Mind the Gender Gap

Full citation: Quisumbing, A. and Kumar, N. (2014). “Land Rights Knowledge and Conservation in Rural Ethiopia: Mind the Gender Gap.” IFPRI. - This paper examines the community-based land certification effort in Ethiopia, an early successful attempt to implement a cost-effective and transparent land-registration process. It found that while the difference between male- and female-headed households’ proportions of land registered is small, there is a “glaring” gap in men’s and women’s knowledge of land rights and that educating women had significant impact on soil conservation. Using the 2009 round of the Ethiopian Rural Household Survey, the paper examines the medium-term impact of the land registration on investment behavior by households, particularly the adoption of soil conservation techniques and tree planting. The paper suggests that closing the knowledge gap in legal rights is an important step to improving adoption of soil conservation technologies and sustainable farming techniques. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Ethiopia
Creator:
Quisumbing, A. and Kumar, N.
Year:
2014

Empowering Widows: An Overview of policies and programmes in India, Nepal and Sri Lanka

Full citation: UN Women. (2014). “Empowering Widows: An Overview of policies and programmes in India, Nepal and Sri Lanka.”
- This paper finds that strengthening engagement with civil society in the implementation of government programs results in a more enabling environment for widows to claim services, including land rights. Focus group discussions in India and Nepal showed that widows who were a part of this collaborative effort were more articulate, confident and aware of their rights. This played an important role in helping them claim their entitlements, including land rights. In Sri Lanka, widows have been able to take advantage of government programs for capacity building and skills training due to the partnership between the government and the groups working with widows. In the process, many widows have become agents of change in their community. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries, Sri Lanka, Nepal, India
Creator:
UN Women
Year:
2014