Improving access to land rights through research on gender and property
Submitting Institution
University of SussexUnit of Assessment
Anthropology and Development StudiesSummary Impact Type
SocietalResearch Subject Area(s)
Studies In Human Society: Policy and Administration, Other Studies In Human Society
Summary of the impact
Whitehead's research on gender, economic liberalisation and land changed
the way in which
international organisations (the UN, the World Bank and the EU) approach
the gendered impacts
of land policy. Her work changed policies and programmes to improve
women's and poorer
people's access to land rights. In particular the International
Development Law Organization and
national governments in sub-Saharan Africa have acknowledged her findings
in their development
of best-practice guidance. In Ghana this has helped to deliver changes on
the ground by
transforming the `Ghana Land Administration Project' to incorporate a
gender perspective and
civil-society participation in local land administration, advocacy and
debate.
Underpinning research
As liberalisation policies took hold in sub-Saharan Africa in the late
1990s, guaranteed land access
was a growing concern in international policy circles. In many contexts,
customary practices, not
individual title, were the main basis for claims to land and, as these
were regarded as a barrier to
productive investment, there was a widespread call to increase individual
ownership with
registered titles. This was the centrepiece of the World Bank's highly
influential land policy and
funds flowed to support highly complex national enquiries, better land
administration and titling
reforms. Most African feminist lobbies also argued that women needed
registered titles to have
secure land rights as a basis for their economic security and livelihoods.
The innovation in Whitehead's (in collaboration with Tsikata, University
of Ghana) critical analysis
of land policy was the comprehensive assessment of the largely
ethnographic evidence of the
nature and strength of women's claims to land under customary practices,
which found compelling
evidence that registration for title favoured largely rural men and elites
and that women and the
poor lost out. This provided a trenchant critique of the dominant policy
for their detrimental effect
on women and the poor.
Their initial research was part of the 2000-05 UNRISD Project on Agrarian
Change, Gender and
Land Rights. Evidence from sub-Saharan Africa was complemented by case
studies of Zimbabwe
and Tanzania, initially producing Whitehead (2001) [see Section 3, R2],
then the full critique
(Whitehead and Tsikata 2003 [R1]). They found that the strength of women's
land claims under
customary systems is in their `social embeddedness', and this provides a
strong safety net.
Women's land entitlements are based on the fulfilment of a range of social
obligations to family
members, and thus the more well-connected and well-regarded a woman is,
the stronger her
claims to land (Whitehead and Tsikata 2003: 96-7).
Land titling is also accompanied by adjudication systems that deal with
title conflicts and the
balance of socially embedded claims and title. Whitehead revealed that
these new structures
reproduced existing adverse power relations with kin and family groups.
Unless specifically
guarded against, they are biased mainly towards men and rural elites.
Several socio-legal and
ethnographic cases showed that it was exceedingly difficult for women (and
men who lacked social
power) to assert their claims in these fora. The new administrative
structures systematically
overlooked socially embedded claims, so women lose access to farmland.
Since women are
responsible for much of Africa's food production, this compromises
national and household food
security.
Introducing individual title and a land market exposes big differences in
the resources and assets
of rural men and women. Relatively few women can buy land, but they lose
their safety net.
Whitehead's work on economic liberalisation and gender more generally is a
sustained account of
how, beginning from very different starting points, rural women cannot
take advantage of
liberalisation as much as men (and the poor even less than the
better-off). Women diversify their
livelihoods, as do men, but far far fewer make this a route out of
poverty.
Emeritus Professor Ann Whitehead has been a Sussex Anthropologist since
the 1970s.
References to the research
R1 Whitehead, A. and Tsikata, D. (2003) `Policy discourses on
women's land rights in sub-Saharan
Africa: the implications of the return to the customary', Journal of
Agrarian Studies,
3(1-2): 67-112.
This is the key, highly-cited research publication to which impact is
attributable. Whitehead
developed the broader implications in:
R2 Whitehead, A. (2009) `The gendered impacts of liberalization
policies on African Agricultural
economies and rural livelihoods', in Razavi, S. (ed.) The Gendered
Impacts of
Liberalization. London: Routledge and UNRISD, 37-62.
R3 Whitehead, A. (2010) `Preface', in Tsikata, D. and Golah, P.
(eds) Land Tenure, Gender
and Globalisation: Research and Analysis from Africa, Asia and Latin
America. Ottawa,
Cairo, Dakar, Montevideo, Nairobi, New Delhi and Singapore: Zubaan and
International
Development Research Centre (IDRC), vii-xii.
Research contributing to Whitehead and Tstkata (2003) includes:
R4 Whitehead, A. (2001) Policy Discourses on Women's Land
Rights in Zimbabwe. Geneva:
UNRISD, UN Discussion Paper.
R5 Whitehead, A. (2002) `Tracking livelihood change: theoretical,
methodological and empirical
perspectives from North-East Ghana', Journal of Southern African
Studies, 28(3): 575-98.
R6 Whitehead, A. (2003) `Gendering poverty: World Bank African
poverty assessments', in
Booth, A. and Mosley, P. (eds) New Poverty Strategies: What Have They
Achieved? What
Have We Learned? Basingstoke: Palgrave Macmillan, 223-54.
Note: this first appeared as Whitehead, A. (2003) Failing
Women, Sustaining Poverty:
Gender in Poverty Reduction Strategy Papers. Report for the UK
gender and development
network: http://www.sarpn.org/documents/d0000428/P376_Gender_PRSP.pdf
Outputs can be supplied by the University on request.
Details of the impact
The impact derives primarily from the research and analytical critique of
dominant approaches to
land policy that Whitehead published with Tsikata (2003), and developed
further in Whitehead
(2009) [see Section 3, R2]. These have influenced international policy
debates and the formulation
of most major global organisations, whether reflecting on gender, land and
agriculture [see Section
5, C1, C3, C4 and C5], or on gender and development more widely (e.g. in
informing the World
Bank's World Development Report [C2]). In addition, the findings from the
research were taken
forward in Ghana by Tsikata, where Sussex's collaboration was used to
achieve substantial
development-policy impact.
The central arena of impact has been in legal reform concerning land. For
example Whitehead's
research is cited as a central analytical and evidential component in the
International Development
Law Organization's Community Land Titling initiative [C1]. This
intergovernmental organisation
offers legal expertise, resources, tools and professional support to
governments, multilateral
partners, and civil society organisations. Whitehead's analysis of the
challenges of informal justice
systems to advance the women's rights is cited in their programmatic
summary (2013) Accessing
Justice: Models, Strategies and Best Practices on Women's Empowerment
[C1].
Similarly, Whitehead's analysis of the potential pitfalls of
decentralised land institutions for gender-equitable
participation and representation became incorporated into the UN FAO's
policy
deliberation, initially via their analysis of Statutory Recognition of
customary Land Rights in Africa
(pp. 28-33) [C3] and, through this, becoming incorporated into their
(2013) technical guide
Governing Land for Women and Men: A Technical Guide to Support
Achievement of Responsible
Gender-Equitable Governance Land Tenure [C3]. The critique also fed
into the European Report
on Development through a preparatory paper addressing land-based
investments for food, fuel and
other agricultural commodities, and ways to strengthen local land rights
[C4].
As Whitehead's analysis not only addresses and reframes understandings of
gender and land, but
sets this within wider questions of poverty and land, her work has also
been influential in relation to
policies making or advocating changes in legislative practice to make
justice more accessible to
the poor generally; to poor men as well as poor women. This aspect of her
research was significant
to the World Bank's `Justice for the Poor' (J4P) programme in Kenya, for
example, with the
potential for land registration to undermine women's land rights informing
their Assessment of
Women's Access to Land Rights in Agricultural Communities in Kenya
[C5].
The significance of Whitehead's work is visible in national deliberations
in several sub-Saharan
countries, for example in the Bank of Namibia's deliberations on
`Unlocking the Economic Potential
of Communal Land,' where her work evidenced the problems for women of its
land titling [C6].
The impact of Whitehead's research can be discerned not only in general
policy, but also in
programmes implemented to improve the lives of the poor and marginalised.
For example, a World
Bank Evaluation [C7] provides clear evidence and insight into the way in
which Whitehead's
research transformed the somewhat fraught `Ghana Land Administration
Project'
(http://www.ghanalap.gov.gh/).
This project had as a mission to strengthen `land administration and
management ... through ... appropriate land administration laws and
regulations, capacity building
for Land Sector Agencies, Land Owners and relevant NGOs, and streamline
business procedures
within the Land Agencies'. It began with a focus on land titling,
generating the problems anticipated
in Whitehead's analysis. When it was restructured in 2008, however, the
mix of activities was
altered, in particular to include a small-grants programme, to promote
civil-society participation in
local land administration, advocacy and debate on land issues. As the
World Bank (2013)
evaluation put it, `This was a belated concession to the counterweight
lobby: those who had
advocated early on for developing institutions outside the chieftaincy
orbit', citing Whitehead and
Tsikata (2003) [C7]. Whitehead and Tsikata had persistently questioned the
project for threatening
women's land access (and that of the poor) and Tsikata had since became a
member of the ISSER
(University of Ghana) team implementing a research and dissemination
workshop programme for
the Land Administration Project (LAP). By 2013 there were at least 25
small grants funding civil-society
organisations that supported the rights of the poor and marginalised and,
drilling down
further, one of these civil-society organisations had addressed some of
the failings [C8].
Given that Whitehead's research was very directly questioning World Bank
land policy in general,
and in Ghana, this change in project policy is all the more significant.
It is notable that later World
Bank outputs cite Whitehead's broader critique of neoliberalism in their
deliberations and policy on
Gender and Development in their World Development Report for 2012 [C2].
Sources to corroborate the impact
C1 On the IDLO's `Community Land Titling initiative', see e.g.
their work on Uganda, Liberia and
Mozambique at www.ssauganda.org/uploads/Protecting%20community%20lands.pdf.
On
IDLO programmatic output, see Accessing Justice: Models, Strategies
and Best Practices on
Women's Empowerment, http://www.idlo.int/Publications/Women-AccesstoJustice.pdf
C2 Citation 11 in World Bank Development Report, Gender
Equality and Development (2012: 202)
http://books.google.co.uk/books?id=7Xo2yNmgrbkC&pg=PA252&lpg=PA252&dq=%22The+
Gendered+Impacts+of+Liberalization+policies+on+African+Agricultural+Economies+and+Ru
ral+Livelihoods%22&source=bl&ots=wGTklv3TxY&sig=rcEElzQIarHFTZXVmRWQGTtFuc0&
hl=en&sa=X&ei=9ztuUrrsFcSV0AWzpICgCw&ved=0CC4Q6AEwAQ#v=onepage&q=whitehead&f=false
C3 On UN Food and Agriculture Organisation policy deliberation,
see Knight, R.S. (2010)
Statutory Recognition of Customary Land Rights in Africa: An
Investigation into Best
Practices for Lawmaking and Implementation. FAO Legislative Study
105 [for the
Development Law Service, pp. 28-33. FAO legal office],
http://www.fao.org/docrep/013/i1945e/i1945e01.pdf.
On the use of Whitehead's work in
programmatic best practice, see p. 54 of UN FAO (2013) Governing Land
for Women and
Men: A Technical Guide to Support Achievement of Responsible
Gender-Equitable
Governance Land Tenure. http://www.fao.org/docrep/017/i3114e/i3114e.pdf
C4 On the European Report on Development, see the
preparatory paper Cotula, L. and Polack,
E. (2012) `Land tenure and agricultural investment: investing in local
tenure security for
inclusive and sustainable development', IIED, 11-12, informed by
Whitehead's analysis (in
bibliography, but not referred to directly) http://erd-report.eu/erd/report_2011/documents/dev-11-001-11researchpapers_cotula-polack.pdf
C5 On `Justice for the Poor' (J4P) see, e.g., their Assessment
of Women's Access to Land
Rights in Agricultural Communities in Kenya, pp. 2-3, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2010/01/15/000333038_2
0100115005527/Rendered/PDF/526740WP0P11101on1Harrington1Chopra.pdf.
For Whitehead and Tsikata's work infusing current World Bank
deliberations and policy on
Gender and Development, see also, for example, a paper by M.O. Odeny (of
the wonderfully
named `Jet Set Consultants' and the Expert Land Policy Initiative) for the
Annual World Bank
Conference on Land and Poverty (2013) on `Improving access to land and
strengthening
women's land rights in Africa', which cites Whitehead, and repeats her
analysis in the final
paragraph of its conclusion (but not cited).
http://www.conftool.com/landandpoverty2013/index.php?page=browseSessions&presentations=show&abstracts=show&search=Odeny
C6 On Bank of Namibia's deliberations on `Unlocking the Economic
Potential of Communal
Land' see Bank of Namibia, symposium (2012)
https://www.bon.com.na/CMSTemplates/Bon/Files/bon.com.na/7d/7dafdec3-24a1-4817-902a-c4a686f57489.pdf
C7 On the World Bank Evaluation of the `Ghana Land Administration
Project' (and the 25 small
grants supporting civil-society organisations supporting the rights of the
poor and
marginalised, see Project Performance Assessment Report, Ghana Land
Administration
Project (Credit No. 3817 Project ID P071157), June 2013
http://ieg.worldbank.org/Data/reports/PPAR-75084-P132252Ghana_Land_Administration.pdf
Section 2.18; see also Section 1.3, 2.7 and p. 47. On the Ghana project in
general, see
http://www.ghanalap.gov.gh/
C8 On examples of those small grant programmes, see, e.g.,
http://www.mwananchi-africa.org/storage/SSG%20Newsletter%204th%20edition%20.pdf