The views expressed in this paper are the views of the authors and do not necessarily reflect the

views or policies of the Asian Development Bank (ADB), or its Board of Governors, or the governments they represent. ADB does not guarantee the accuracy of the data included in this paper and accepts no responsibility for any consequence of their use. The countries listed in this paper do not imply any view on ADB's part as to sovereignty or independent status or necessarily conform to ADB's terminology.

Natural Resources Management and Environment Department FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
July

2013

GENDER-EQUITABLE GENDER EQUITABLE GOVERNANCE OF TENURE

The role of the Voluntary Guidelines on the Responsible Governance of Tenure

Yoshimi Onishi
Gender Equality and Rural Employment Officer , Regional Office for Asia and the Pacific, Food and Agriculture Organization of the United Nations

1. Gender and responsible tenure governance 2. Summary of the Voluntary Guidelines 3. Building g on the consensus

Gender and gender relations shape the opportunities

and constraints that women and men face in securing their livelihoods.

access to ... decision-making about ... institutions i tit ti that th t administer d i i t ...
, water, , and other natural resources ... land,

DID YOU KNOW THAT?.

The share of female land holders (under single ownership or co-ownership) co ownership) in countries in Southern and South Eastern Asia for which data is available is from The female share of the agricultural labour force in Eastern, Southern and South East Asian countries ranges from

10- 23%.
Women who hold land generally have

30 50%. 30-50%

smaller plots, of an inferior quality and with less secure rights, receive i less credit, are less well represented in land
g administration and decision-making institutions than men.

Source: FAO, 2011. The State of Food and Agriculture. Women in Agriculture. Closing the gender gap for development

Source: FAO, 2011. The State of Food and Agriculture. Women in Agriculture. Closing the gender gap for development

Tenure Systems define and regulate how people, communities and others gain access to natural resources, whether through formal law or informal arrangements. The rules of tenure determine who can use which resources, for how long and under what circumstance. They may be based on written policies and laws as well as unwritten customs and practices practices. Governance is the way in which access to and control over natural resources is managed in a society society. It includes includes, among other things, how competing priorities and interests of different groups are reconciled.

Problems of tenure and weak g governance

Tenure rights not recognized
INCREASING COMPETITION FOR NATURAL RESOURCES:

Inequitable access Discrimination Forced eviction

Governing institutions have not t adapted d t d to t growing i intensity of competition

Population growth Urbanization Changing C diets Demand for energy

State capture
Bribery y Limited capacity

Expensive and difficult procedures

Noaccountabilityortransparency Contradictory laws and policies

An ndrew Hilton An ndrew Hilton

Voluntary Guidelines on the Governance of Tenure

AN UNPRECEDENTED INTERNATIONAL AGREEMENT

EndorsedbytheCommitteeonWorldFoodSecurityinMay 2012 ImplementationencouragedbyG20,Rio+20,Francophone ParliamentaryAssemblyandUNGeneralAssembly Thousandsofreferencesandnewsitemsworldwide AnFAOpriority

Voluntary Guidelines on the Governance of Tenure

A REFERENCE DOCUMENT

...setoutprinciples ...provideabenchmark contributetotheimprovement anddevelopmentofpolicy,legal andorganizationalframeworks ...arevoluntary ...donotreplacelawsortreaties

Guidance which applies to all sections

Part 1: Preliminary
Sets the direction: Objectives Nature and scope

Part 2: General Matters

Provides overall guidance: Guiding principles. principles Tenure rights. Policy, legal and organizational frameworks frameworks. Delivery of services.

Part3:Legalrecognition and dallocation ll ti of ftenure t rights i ht

Safeguards Publiclands, ,fisheriesand forests Indigenouspeoplesand otherswithcustomarytenure Informaltenure

Part4:Transfersandother changestotenurerights
Markets. Investments. Readjustments. Restitution. R di ib i reforms. Redistributive f Expropriation.

Part5:Administration oftenure
Recordsoftenurerights. Valuation. Taxation. T ti Regulatedspatialplanning. Resolutionofdisputesovertenure. Transboundarymatters.

Gender equality ensures the equal right of women and men to the
enjoyment of all human rights, while acknowledging differences between women and men and taking specific measures aimed at accelerating de facto equality when e necessary. ecessa y States should ensure that women and girls have equal tenure rights and access to land, land fisheries and forests independent of their civil and marital status status.
Source: Voluntary Guidelines on the Responsible Governance of Tenure, Land, Fisheries and Forests in the Context of National Food Security, Principle 3.B.4.

States should consider the particular obstacles faced by women and girls with regard to tenure and associated tenure rights and take measures to ensure that legal and policy frameworks provide adequate protection for women and d th that tl laws th that t recognize i womens t tenure rights i ht are implemented and enforced. [...] States should develop relevant policies, laws and procedures through participatory processes involving all affected parties, parties ensuring that both men and women are included from the outset.
Source: Voluntary Guidelines on the Responsible Governance of Tenure, Land, Fisheries and Forests in the Context of National Food Security, from paragraphs 5.4 and 5.5

Gender-equitable governance of land, fisheries and forests

Ensure participatory, gendersensitive processes when providing legal recognition of informal tenure Uphold principles of gender equality and equity and mainstream gender

Design and ensure gendersensitive service delivery of implementing agencies and judicial authorities

E d iti laws l Ensure gender-sensitive & policies through participation in design and better implementation and monitoring

Ensure gender-sensitization of institutions through increasing access for women and building capacity of staff

Buildingontheconsensus
Awarenessraising Assist A i tpeople l to t learn l moreabout b tand dusethe th VGs VG Dissemination(printedcopiesandInternet) Promotion(awarenessraisingmeetings) Capacitydevelopment Prepareadditionaltoolsandaids TechnicalGuides:Fisheries,Forestry, Gender,IP/FPIC,Investment Elearningtools Capacitydevelopmentmaterialfor CSO/S i lmovements CSO/Social t

Buildingontheconsensus
Strengtheningofpartnerships Strengthenanddevelopcollaborationonimprovedtenure governanceatglobal,regionalandlocallevels Support S tto t countries ti Respondtorequestsforassistance Monitoringandevaluation Monitorandevaluateapplicationandimpacts oftheVGs

TechnicalGuideongenderequitable governanceoftenure
Gender G d equitable i bl governanceof fland l d tenureensuresthatwomenandmen canparticipateequallyintheir relationshipstolandthroughboth formalinstitutionsandinformal arrangementsforlandadministration andmanagement.

Moreinformation
DOWNLOADTHEVGs

www fao org/nr/tenure www.fao.org/nr/tenure

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