Thursday, September 10, 2015

Policy Brief: The Impact of Gendered Legal Rights to Land on the Prevalence and Nature of Intra and Inter Household Disputes

More than sixteen years have passed since the adoption of the 1999 Succession Law, which introduced protections for gender equality in land ownership and equal rights to land inheritance. Recently, many questions have been raised regarding the actual impact of this legislation on gendered land rights. To this end, the USAID LAND Project contracted the Institute of Legal Practice and Development (ILPD) to conduct a study measuring “The Impact of Gendered Legal Rights to Land on the Prevalence and Nature of Intra- and Inter-Household Disputes”. 

The ILPD research team used a mixed methods approach to collect data in every region of the country. The research methodology included a large-scale randomized household survey, focus group discussions, key informant interviews, and data collected directly from Primary and Intermediate Court records.

The findings highlight the inconsistencies, uncertainties and confusion that can arise from the introduction of gendered land rights in a dynamically changing social and statutory environment. This is nowhere more evident than in inter-generational inter vivos land - transfers called “umunani”, which were traditionally gifts of land given to male children, but are now also accessible to women. Other arenas of contestation relate to the rights of women in legal versus informal marriage, the land rights of widows, and legal co-ownership in the land registration process.

A nation-wide education and awareness-building campaign is needed to address overall insufficient knowledge of gendered land rights, with particular emphasis on addressing the awareness gap between men and women; the continuing traditional belief that men and boys have stronger claims to landed umunani and inheritance than women and girls; and the traditions, norms, and beliefs that prevent women from claiming landed umunani. The legal rights of widows and informally married women to land should also be revisited, strengthened, and clarified.  


Assessment and Plan for the Review of the Rwanda National Land Policy

The United States Agency for International Development (USAID) LAND Project is pleased to share findings from an assessment of the 2004 National Land Policy. The assessment was conducted by a consultant to determine whether there was a need for review of the 2004 National Land Policy (NLP) and a plan for a comprehensive review of the NLP. The consultant worked closely with and was guided by Rwanda Natural Resources Authority (RNRA), Ministry of Natural Resources (MINIRENA) and USAID LAND Project.

The assessment includes insights gained from the discussions, together with the review of relevant documents and studies done on the land policy inside and outside Rwanda, which have enabled the consultant to come up with this note indicating whether the land policy should be reviewed, areas on which the review should focus and a road map to guide the review. For more details, visit http://rwandaland.org/en/landprojectreports.


USAID Land Project will be glad to hear your feedback on the Proceedings Report. Send feedback to Innocent KARANGWA, Communications Specialist USAID LAND Project through e-mail IKarangwa@land-project.org.

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Friday, April 24, 2015

University of Gothenburg Publication:More needs to be done to strengthen women's right to land in Rwanda

The implementation of laws and policies to strengthen women's right to land in Rwanda often clashes with customary practices and deeply embedded socio-cultural norms and beliefs. In some instances this implementation has even led to new forms of discrimination. In order to be more effective, new laws should show greater sensitivity to customary systems and the complex reality of the existence of the local population. This is the conclusion of a thesis produced at the University of Gothenburg, Sweden. 

The Land Registration and Titling (LRT) Program in Rwanda, launched as part of a broader reform programme in 2006 and expanded to cover the whole country in 2009, had as one of its aims to strengthen women's right to land. An elaboration of gender-sensitive land laws and policies has challenged some gender norms and ideologies related to male supremacy.

However, deeply rooted customary practices and socio-cultural norms make this implementation difficult; even more so, since implementers of the new laws at local level often lack knowledge of these and also lack the will to put them into practice.
“The idea of women’s subordination to men is transmitted from parent to child, and also via schools, religious institutions, media and so on. This sustains gender hierarchies,” says Jeannette Bayisenge, author of the thesis.

She has studied the implementation of the LRT Program through field work conducted in 2012 and 2013, when she interviewed 480 women from agricultural households in conjunction with twenty-three semi-structured interviews and nine focus group discussions with local level policy implementers, women and members of women’s associations.

Jeannette Bayisenge found that even though more women today are fighting for their right to land, more awareness needs raising about the new laws. And women need more support in order to have the courage to claim their rights.

“Women have a weaker bargaining position than men. In my study, women cite their lack of knowledge, inability to present their case, fear of community disapproval, fear of their husbands, fear of in-laws, lack of confidence, time constraints and financial means as being some of the main factors that can discourage them from claiming their right,” says Jeannette Bayisenge.
“Women are stuck between exercising their right to claim a piece of land and their concern not to compromise their relationships with their husbands, families, community and society as whole.”

The new laws themselves also perpetuate inequalities; for instance, they require women to be in a monogamous and registered marriage, yet one in three women in the country is not.
“Even though banned by law today, polygamous marriages still exist. Women in such marriages, as well as women who enter into non-registered marriages, are not covered by the law.”

 Jeannette Bayisenge also found that the reluctance of local implementers to enforce the new laws is another hurdle if change is to happen. Many implementers have scant knowledge about these laws, but their reluctance also stems from the fact that the implementation process takes a top-down perspective whereas local implementers try to be sensitive to the local context.

Jeannette Bayisenge recommends that new laws and policies should in future be integrated more gradually into the complex and diverse reality of the local population.
“Policymakers should continue looking at ways to adapt new policies to the local context, and to implement them cautiously and gradually rather than imposing them on people,” Jeannette Bayisenge says.

More information
Name of the thesis: Changing Gender Relations? Women’s Experiences of Land Rights in the Case of the Land Tenure Reform Program in Rwanda.
Contact: Jeannette Bayisenge, Department of Social Work,
Jeannette.bayisenge@socwork.gu.se, jbayisenge@gmail.com
The thesis can be downloaded at: http://hdl.handle.net/2077/38298

Source : http://www.gu.se/english/about_the_university/news-calendar/News_detail//more-needs-to-be-done-to-strengthen-women-s-right-to-land-in-rwanda.cid1287447






 

Tuesday, March 24, 2015

World Bank Publication:Rwanda related presentations/papers attached from the WorldBank conference on Land and Poverty 2015.

Currently, the Annual World Bank Conference on Land and Poverty 2015: 'Linking Land Tenure and Use for Shared Prosperity' is taking place.


Please find below the articles on land in Rwanda:







 

Thursday, March 19, 2015

New Times:Kaboneka tips farmers on land consolidation

Farmers have been urged to consolidate their land and adopt modern ways of farming to improve production.

The call was made on Tuesday by officials during the launch of farming Season B in Musanze District.

The launch was presided over by the Local Government and Social Affairs minister Francis Kaboneka and attended by hundreds of farmers in Muko Sector.

Kaboneka stressed the importance of land consolidation and improved seeds in modern farming.
“We are launching season B to show our support to farmers. We encourage them to consolidate their land and apply monoculture through selecting high quality seed varieties that can give them better yields,” said the minister.

Recently, maize and Irish potatoes farmers raised concerns over inadequate market for their produce.
Kaboneka challenged farmers to join efforts and work hard.
 He also reaffirmed government’s commitment to helping them get market for their produce.

Dr Tresphore Ndabamenye, the head of crop intensification at Rwanda Agriculture Board, said farmers are encouraged to grow bio-fortified beans which are rich in vitamins and are productive in hilly areas.

Jean d’Amour Ntakirutimana, a farmer in Muko Sector, welcomed the new seed variety, saying it will help them fight malnutrition among their children.
 “We are happy to get fortified seeds which will help in the fight against malnutrition among our children and improve the health of pregnant mothers,” Ntakirutimana said.

The new variety of seeds was distributed for free.

The Land Use Consolidation started in 2007 as part of Crop Intensification Programme (CIP).
It is geared toward increased food production to ensure national food security and self-sufficiency.

Through the programme, the government distributes fertilisers and improved seeds to farmers to help increase their production.

Source:  http://www.newtimes.co.rw/section/article/2015-03-19/187059/

Thursday, March 5, 2015

NewTimes: Advocates push for Gender sensitive Matrimonial Bill

Angelique Mukakalisa, 28, a resident of Rubengera Sector, Karongi District was denied the right to inherit family property. She said her father regarded women as inferior to men and, therefore, not deserving equal consideration.

Born in a family of six, four girls and two boys, Mukakalisa said boys got a lion’s share of the land while girls were either given a cow, goats or smaller portions of land depending on their age.

“We were given less but never put up a fight because that is what tradition dictates. We instead engaged mediators,”Mukakalisa said.

 Mukakalisa represents millions of women who are discriminated against as a result of negative perceptions on women.

There are policies on gender balance in accessing inheritance. However, some parents have opted to ignore them and stick to traditional values that have given men preferential treatment.

According to a study commissioned by the Gender Monitoring Office (GMO) in August 2011, gender disparities arise from the slow change in attitude, and ignorance of the law on succession.

The study highlights gender inequalities in the law enacted in 1999, especially in allocating equal distribution of inheritances.

“Most respondents said parents do not treat their children equally when it comes to land distribution. In particular cases, male children are often given a large portion of the land while girls are only given domestic materials,” the report reads in part.

Despite the fact that Article 43 of the existing law guarantees equal land rights between girls and boys, the report blamed the same law for not clearly stipulating when the distribution should be done.

Article 42 of current law only indicates that; “this partition shall be regarded as the accomplishment of parents’ duties to educate their children and provide them with a personal patrimony.

“Despite the fact that the law guarantees equality between both sexes, some parents are still bound by culture, which does not recognise girls rights to property other than domestic materials known as “ibishyingiranwa” (basic materials needed by the girl for her marriage),” the GMO report noted.

That is what pushed responsible government offices, including the Ministry of Gender and Family Promotion, Ministry of Justice and the Parliament to amend the current law to make it more proactive to gender mainstreaming, according to Gender Minister, Oda Gasinzigwa.

In a consultative debate, between members of the Parliamentary Standing Committee on Political Affairs and Gender with Gasinzigwa and Justice Minister Johnston Busingye, last week, a conclusion was that the new law should get rid of any ambiguity.

Busingye said to ensure the national principle of gender mainstreaming, partition should be considered as a personal donation rather than being an obligation to parents and guardians to their recipients.

“Ascending a partition ‘Umunani’ should be in form of a gift, not an obligation for heredity as it used to be in the ancient days,” Busingye said.

Umunani is the property parents give their children when they come of age. It is perceived as a responsibility on the side of the parents.

During amendment debates, legislators and the line ministers agreed that such a traditional “accomplishment of parents” was abused by mostly male descendants, who at a certain point forced their parents to give them their portion, which created domestic violence and murder amongst family members.

“We are trying to ensure that the girl child is protected by making sure that gender mainstreaming is practical,” Gasinzigwa said.

New methodology
According to Article 33 of the draft Bill, a parent is free to choose who to give but it will not be compulsory.
“In this case, the parent shall, at their discretion, choose when to give his donations and make a will, and each child shall not necessarily be entitled to such ascending partition,” reads the bill in part.

Annie Kairaba, the Director at Rwanda Initiative for Sustainable Development (RISD) noted that the new law will help minimise land disputes.

RISD is a local non governmental organisation that focuses on advocacy and promotion of land rights.

“Most of our (RISD) studies have shown that family wrangles originated from land disputes and ascending partition has been the main problem. There is a loophole in law implementation, we not only want to the new law to close the gap but also policy makers should ensure that people at the grassroots are aware of the law and all provisions,” Kairaba said.
Alfred Kayiranga Rwasa, the chairperson of the Parliamentary Standing Committee on Political Affairs and Gender, said the new policy would ensure gender equality.

The Executive Secretary of the National Commission for Children (NCC), Zaina Nyiramatama, also recommended the move, saying it would reduce pressure on parents as well as preventing family disputes and domestic violence that originated from unfair allocation of family resources among children.

“Some children did not want to work and generate their own wealth. They would sit back and wait for parents to give them property. This created laxity, especially among boys. Some children could even murder their parents so as to inherit property. We need to make children responsible for their lives; work hard and save for their own future, and this is what the new law should address,” Nyiramatama said.

The new law is currently being scrutinised by Parliament and is expected to be passed this week.

Source: http://www.newtimes.co.rw/section/article/2015-03-05/186593/

Friday, February 20, 2015

News:Land governance and food security – new knowledge agenda launched

19 Feb 2015 
The Food & Business Knowledge Platform (F&BKP) and the Netherlands Academy on Land Governance (LANDac) have developed a knowledge agenda on land governance and food security. Two activities will be taken up in the coming months: a scoping study on the linkages between land governance and food security, and the development of a capacity building trajectory on the same issues.

Scoping study
LANDac has started a scoping study to gain insight into the complex linkages between land governance and food security. By focusing on the Dutch floriculture sector in four East African countries, the study will provide insights into land governance – policies and regulations governing the access to and use of land – and how this relates to food security, both directly and indirectly. While research has been carried out to evaluate the socio-economic and environmental impacts of these investments, there is a significant knowledge gap in the land governance arrangements around the investments and how the investments impact local food security. The assignment is being executed by Evans Kirigia (an external regional consultant) and LANDac researchers.

Capacity building trajectory
LANDac will also start the development of a capacity building trajectory on land governance and food security. The main component of this activity will be the curriculum development of three country-specific trajectories for policy makers, development practitioners and private sector stakeholders in Ethiopia, Rwanda and Uganda. The aim of these four-day capacity building trajectories is to provide participants and their organizations with the knowledge to deal with issues of land governance and food security in their countries. Four issues central to this objective include an increased understanding of the complex linkages between land governance and food security; offering practical tools for improvement; linking up experts in countries; and scaling up of individual capacities to organizational and societal level. A related output of the capacity building trajectory is the updating and expansion of the existing LANDac country factsheets on land governance and food security (2012).

Follow-up
Both activities will be closely coordinated. Findings and outcomes of the scoping study will feed into the capacity building trajectory. The study and the trajectory will be linked to ongoing LANDac activities, including the annual two-week summer course Land Governance for Development, knowledge dissemination activities and the upcoming LANDac International Conference in July 2015.

If you are interested in receiving more information about the scoping study or the capacity building trajectory, please contact the F&BKP Office: vanessa.nigten@knowledge4food.net or the LANDac coordinator: g.betsema@uu.nl.

The Food & Business Knowledge Platform (F&BKP)

The F&BKP is one of the five Knowledge Platforms initiated by the Dutch Ministry of Foreign Affairs. It is an open and independent initiative where representatives from international networks and organizations of business, science, civil society and policy come together. The platform shares, critically reflects on, generates, deepens and improves (interdisciplinary) knowledge and feed practices and policies on food and nutrition security. They do so by identifying knowledge issues that are relevant now and in the future, by initiating action, learning and research, disseminating lessons learned and highlighting promising innovations that will contribute to local and global food and nutrition security. To start, the Platform has created a research agenda and prioritize knowledge themes, such as Food Wastage, Nutrition Security and Partnerships. Land governance has now been added to those themes.

Source: http://www.landgovernance.org/19022015-land-governance-and-food-security-new-knowledge-agenda-launched/

Wednesday, February 18, 2015

Publication:Secure and equitable land rights in the Post-2015 Agenda.

This technical briefing authored by a number of international organizations working on food security, natural resources management and poverty eradication and endorsed by many local civil society organizations around the world strongly encourages governments to keep the profile of land and natural resources high in the document on sustainable development goals to be endorsed in September 2015.

The Post-2015 Agenda must address the structural factors that undermine sustainable development. It is widely recognized that secure and equitable rights to land and natural resources are central to this effort.

Land rights empower people and provide a sense of dignity. They enhance food security and are fundamental to achieve the right to food and increase the productivity of small-scale food producers.
 They provide an incentive for ecosystem stewardship, and they promote inclusive and equitable societies whilst underpinning cultures and value systems. In most countries of the world, land rights make the difference for girls and women that need education, income and voice.

Secure and equitable land rights, particularly for those living in poverty and using and managing ecosystems, are an essential element of a Post-2015 Agenda that has the ambition to be people-centered and planet-sensitive.

To realize its transformative potential, the Post-2015 Agenda should ensure that all women, men, indigenous peoples and local communities have secure rights to land, property, and natural resources necessary for their livelihoods and well-being, and should devise a monitoring framework accordingly.

Source:
http://oxf.am/Z5pE 

Monday, February 16, 2015

News: Let's work together to deliver tangible results, Busingye tells judicial sector

All institutions within the judicial sector should work as a team to deliver better justice as it is crucial for socio-economic development of the country.

The call was made, Thursday, by the Minister for Justice, Johnston Busingye, while closing a peer review retreat for the Justice, Reconciliation, Law and Order Sector in Rubavu District.

The two-day peer review symposium brought together government institutions, development partners, members of private sector as well as civil society organisations.
Busingye said justice can be achieved only when all concerned institutions and partners work as a team to discuss possible ways in which equitable justice can be offered as well as challenges faced.

“We all have the responsibility to ensure justice is fully granted, we have come a long way as the justice sector and this never happened accidently, it was thanks to our combined efforts,” he said.

Minister Busingye said Rwanda had committed to the Universal Periodic Review (UPR) mechanism of the UN Human Rights Council and urged justice sector to support it as this was the only way the country’s human rights record would be assessed.

Chief Justice Sam Rugege said while a lot had been achieved in terms of professionalising the sector, there was still need for more efforts to tackle challenges such as lack of advanced infrastructure, adapting to usage of ICT and increasing the number of qualified staff to deliver better services and avoid backlogs in the courts.
Achievements

Valens Munyabagisha, the permanent secretary in the Ministry of Internal Security, said during this financial year, the rate at which court judgements have been appealed against more than halved from 28 per cent in 2011/2012 to 13.5 per cent.

The average time taken for commercial cases from filing to court decision also significantly reduced from 180 days in 2012/2013 to 58 days last financial year.

Development partners hailed justice sector and reiterated continuous support to ensure better justice is offered in the country.

“While we definitely note the tremendous progress made in the justice sector, we also notice that one of the challenges that still remain is to accelerate the processing of cases in the courts, we are very pleased to know that EDPRSII has identified improvements of access to justice as one of the key pillars,” said Lamin Manneh, the UN resident coordinator.

Source:
http://www.newtimes.co.rw/section/article/2015-02-14/185976/

News: Corruption in judiciary on the decline - watchdog chief

Corruption incidences involving judiciary staff have been on a downward trend in recent times, according Transparency International (TI) -Rwanda.

TI executive secretary Appollinaire Mupiganyi said going by indices by various institutions, both local and international, there had been commendable improvement.

In last year’s least corrupt nations’ ranking, Rwanda was ranked 49th globally, 4th in the continent and least corrupt in the East African region.

Mupiganyi was yesterday speaking to The New Times at the closing of the Anti-Corruption Week organised by the Judiciary.

He said there was also improvement in the perceptions and corruption related experiences by members of the public in regards to corruption in the judiciary.

“According to latest reports, the likelihood that a member of the public will be asked for a bribe by staff of the judiciary went from 5 per cent in 2013 to 2 per cent in 2014. The prevalence of service seekers offering bribes to officials also went down from 2.3 per cent in 2013 to 1.8 per cent last year,” Mupiganyi said.

However, he added, the average sum received as bribes by corrupt judiciary officials had gone up in the previous year, from Rwf4o,763 in 2013 to Rwf44,708 in 2014, which could be attributed to the higher risk of being caught and consequences.

Room for improvement

Transparency International lauded the judiciary for efforts and commitment to tackle corruption, saying experts project that with the trend, graft incidents would reduce further.

The Anti-Corruption Week sought to expedite and complete all corruption cases brought before the courts, Spokesperson of the Judiciary, Emmanuel Itamwa, told this newspaper.

“They were a total of 60 in all courts across the country. We are hoping that they will be complete by the end of the week,” Itamwa said, adding that, generally, corruption cases had decreased over the years and that those implicated in the vice had been dealt with.

“Since 2005, at least 27 court staff, including registrars and judges, have been implicated in corruption-related cases. Appropriate measures were taken against them which involved terminating their employment and transferring their cases to the police for investigation and prosecution,” Itamwa said.

Source:  
http://www.newtimes.co.rw/section/article/2015-02-14/185977/