Gender Equity in Land and Forest Tenure in REDD+ Programming Synthesis Report FEBRUARY 2022 © 2021 The World Bank 1818 H Street NW, Washington DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org The World Bank Group Forest Carbon Partnership Facility commissioned Resource Equity to undertake this study through Contract No 7196723 for the project, Under- standing and Strengthening Gender Equity in Land and Forest Tenure in REDD..The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of the executive directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory, or the endorsement or acceptance of such boundaries. Nothing herein shall constitute or be construed or considered to be a limitation upon or waiver of the privileges and immunities of The World Bank, all of which are specif- ically reserved. Rights and Permissions Please cite this work as follows: World Bank. 2021. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report. The material in this work is subject to copyright. Because The World Bank encourag- es dissemination of its knowledge, this work may be reproduced, in whole or in part, for non-commercial purposes as long as full attribution to this work is given. All queries on rights and licenses, including subsidiary rights, should be addressed to World Bank Publications, The World Bank Group, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@worldbank.org Cover photo: © Ollivier Girard/CIFOR Contents Foreword II Message from the Director III Acknowledgements IV Acronyms V Executive Summary VI Methodology XIII Section I Introduction 1 Section II Analytical Framework 3 Section III FCPF Context 6 Section IV Deep-Dive Case Studies and Lessons Learned 8 Section V Synthesis of Common Threads Across All Case Studies 17 Section VI Tools, Interventions, and Approaches to Strengthen Women’s Land and Forest Tenure 35 Bibliography 39 Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report I Contents Foreword For many families around the world, land is a critical resource – providing food and a means for earning a livelihood, a place for establishing a stable residence, connec- tion to cultural identities, and conferring economic stability. However, women face significant barriers to secure rights to land, having the effect of excluding them from the potential benefit that secure rights confer. These barriers further limit women’s access to economic opportunities and make them and their families more vulnerable to hardship and displacement. Women are essential land and forest stewards, and sustainable forest management initiatives such as REDD+ and the Forest Carbon Partnership Facility (FCPF) Carbon Fund must work to incorporate women’s needs and perspectives in all stages of their programming – from involvement in design and implementation to equitable benefits sharing – to achieve ambitious and sustainable progress towards land and forest con- servation and climate change mitigation. Doing so should also serve to advance not only the success of the programs, but generate important social development, such as empowering women through improving women’s tenure security and strength- ening their role in governance and decision-making, as well as enhancing financial security by creating new streams of income. The analysis in this report correctly identifies systems which can create barriers to women’s tenure security, such as systems of governance, inheritance, marital proper- ty, and land titling. It also highlights areas of opportunity that should be more actively pursued, like the need for comprehensive gender analyses that serve as a basis for program design. This report is a welcome addition to the knowledge base on gender equity in sustain- able forest management. Its analysis identifies the challenges and risks that REDD+ teams must be aware of to create responsible and inclusive programs that will not only avoid jeopardizing women’s existing rights but serve to empower their partici- pants and champion all women’s efforts towards achieving gender equality in legal, political, social, and customary arenas. Cécile Ndjebet Former Women’s Observer to the FCPF Readiness Fund (2013-2021) Founder, African Women's Network for Community Management of Forests (RE- FACOF) Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report II Foreword Message from the Director In many countries, women are still often left out of decisions related to land tenure. The reasons are diverse—from division of labor in the household to patriarchal norms in society and legal exclusion, to name but a few—but the outcome is the same: Women are often not recognized as landowners, are excluded from resource man- agement, and have limited access to the resources and benefits of forests. Yet the health and strength of forests largely depend on women. Their rich traditional knowledge of forest regeneration, preservation, and use contribute to the sustainable management of forests. It is therefore imperative that women in forest communities fully participate in emissions reduction programs of the Forest Carbon Partnership Fa- cility (FCPF). This has been the goal of the FCPF since its launch in 2008. The FCPF has worked to ensure women, marginalized communities and vulnerable groups are included in the design and implementation of its programs. This report identifies the legal and policy constraints to women’s land and forest ten- ure, and highlights opportunities to protect and strengthen women’s rights and par- ticipation. It could not be timelier: Results-based climate finance is kicking into higher gear and starting to disburse payments for achieved and verified emission reductions. As benefits from emission reduction programs start to flow to stakeholders, the ques- tion of “who gets what” comes to the fore, with land tenure an important factor. Failure to appropriately recognize women’s tenure rights would result in their disenfranchise- ment. This research places a particular focus on Indigenous women and contributes to the important knowledge we are gaining on social inclusion in climate finance operations. It directly informs our programming in line with the World Bank’s Climate Action Plan 2021-2025. It will help to ensure that the challenges of recognizing women’s land and forest rights are understood and that opportunities to strengthen their rights are pur- sued so that women receive their fair share of climate finance. This important work on social inclusion is taken forward by a new multi-donor trust fund, Enhancing Access to Benefits while Lowering Emissions (EnABLE), which aims to ensure that Indigenous Peoples, local communities, women and other marginalized groups benefit from all of the World Bank’s results-based climate finance programs. Bernice van Bronkhorst Global Director, Climate Change, The World Bank Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report III Foreword Acknowledgements This report is a product of, and funded by, the Forest Carbon Partnership Facility (FCPF) and Enhancing Access to Benefits while Lowering Emissions (EnABLE), which sit in the Climate Change Funds Management Unit (SCCFM) in the Sustainable Development Network (SDN) Vice Presidency. The project was managed by Asyl Un- deland and coordinated by Bouke Berns, with technical support provided by Michael Kirk, Ph.D, and communications support by Lisa Sheridan. The study team included Resource Equity Gender, Land, and Resource Specialists: Renée Giovarelli, Elisa Scalise, and David Bledsoe, with support from the organi- zation’s Senior Gender Experts Susana Lastarria-Cornhiel, and Margaret Rugadya, and researchers Leslie Hannay, Katie Roett, Sarah Parker, Hillary Pammer-Green, and Karen Chen. In-country research was conducted by Andrianina L. Rakotosoa (Madagascar) and Sarah Agustio (Indonesia). Administrative support was provided by Kurstin Browne. The study greatly benefited from the guidance and information provided by World Bank Country staff, local experts, and local and international NGOs involved in gen- der, land, REDD+ and Natural Resource Management. A full list of persons inter- viewed for each deep dive country is provided at the end of each of the case studies, which are available on the FCPF website, www.forestcarbonpartnership.org. Technical reviews and recommendations were provided by Thea Hilhorst (Senior Land Governance Specialist), Katharina Siegmann (Senior Environmental Special- ist), Svend Jensby (Senior Social Development Specialist), Victoria Stanley (Senior Land Administration Specialist and Gender Focal Point, for the Urban, Resilience and Land GP), and Rosa Maria Martinez (Social Development Specialist). The team is grateful to the support from the SCCFM Communications and Knowledge Team. The study team appreciates the many in-country experts, who greatly contributed to a better understanding of land tenure and gender issues in indigenous and other com- munities in Carbon Fund countries. In addition, the team would like to acknowledge the historical and ongoing efforts of women and men in the carbon fund countries who continue to advocate for community rights and autonomy as well as women’s rights and autonomy and who recognize the value of gender inclusion in the fight for saving forests and other natural resources. This work would not have been possible without these people sharing their insights and analysis. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report IV Acknowledgements Acronyms ADI Integral Development Association BSP Benefit Sharing Plan CF Carbon Fund CFM Community Forest Management CFUG Community Forest User Group CIFOR Center for International Forestry Research CONAF Chile National Forestry Corporation CREMA Community Resource Management Area (Ghana) CSO Civil Society Organization DRC Democratic Republic of the Congo ERP Emissions Reductions Program ERPD Emissions Reductions Program Document FAO Food and Agriculture Organization FCPF Forest Carbon Partnership Fund FGRM Feedback and Grievance Mechanism FMT Facility Management Team GAAP Gender Analysis and Action Plan GAP Gender Action Plan GoG Government of Ghana HIA Hotspot Intervention Areas (Ghana) IFPRI International Food Policy Research Institute IP Indigenous People IUCN International Union for Conservation of Nature LWU Laos Women’s Union MoWECP Ministry of Women’s Empowerment and Child Protection MWGE Ministry of Women and Gender Equity NGO nongovernmental organization PKK Pembinaan Kesejahteraan Keluarga [Family Welfare Movement] (Indonesia) REDD+ Reducing Emissions from Deforestation and Forest Degradation + conservation, sustainable management of forests, and enhancement of forest carbon stocks SESA Strategic Environmental and Social Assessment SF Social Forestry USAID United States Agency for International Development VKB “vola ni kawa bula” [Registry of Customary Groups] (Fiji) VOI “Vondron’Olona Ifotony” (Local Natural Resource Group; Madagascar) Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report V Acronyms Executive Summary The Forest Carbon Partnership Facility (FCPF) is committed to ensuring that women are partners in the planning, operation, and deployment of climate finance. Women’s full participation is critical to biodiversity conservation, sustainable forest management, and the delivery of important co-benefits, such as the improvement of women’s land tenure security, the increase of their participation in forest governance, and the creation of new streams of income for women. At the fund and country level, FCPF’s activities aim to deliver evidence-based analysis and concrete action plans tailored to national and subnational REDD+ strategies. The purpose of this study was to understand the legal and policy constraints and op- portunities affecting women’s land and forest tenure in each of the 17 FCPF countries. The study also explored women’s ability to exercise land and forest rights in statutory systems, and how these rights could be affected by the Emission Reductions Pro- grams (ERPs) of the Carbon Fund (CF), including through the Benefit Sharing Plans (BSPs). It then explores what is needed to further protect and strengthen women’s participation. When the study was initiated, there were 18 countries in the pipeline to join CF; however, only 15 joined, as of October 2021. Although Mexico and Nicaragua are not current participants in the FCPF’s CF program, this study also included them in the analysis. Women’s ability to engage in any of the REDD+ projects and benefit from them is asso- ciated with legal and customary land rights and tenure regimes, as well as social norms and expectations. The roles of women and men in the household and community are generally complementary but different; thus, they require separate attention when de- signing and implementing REDD+ projects. For example, women are rarely the public face of the family or community, and thus are more difficult to reach with information, education, and training. Yet, gender inclusion is critical to benefitting from women’s unique knowledge and voice. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report VI Executive Summary Women’s full participation in CF programs requires secure REDD+ programming or benefiting from it. Women’s inter- land and resource tenure. We analyzed women’s security ests and focus within households and communities may of tenure based on three key dimensions adopted from not be equally valued or understood. To be gender inclu- Women’s Land Tenure Security: A Conceptual Frame- sive, projects need to be governed by the knowledge of work, by Cheryl Doss and Ruth Meinzen-Dick:1 the specifics of the areas’ customary laws, which may or may not protect the land rights of both men and women 1. Robustness of rights, including legal and social legiti- equally. Land titling programs, built upon the knowledge macy, the resilience of the rights in the face of change, and understanding of customary rules of land rights, are and the enforceability of the rights against external and less likely to disenfranchise women, who may be reluctant internal threats; to claim their rights at a public office. 2. Completeness of rights, which includes the rights avail- able to women and men in a tenure system (including ownership, access, benefit derived, control and deci- STUDY FINDINGS sion-making, among others), as well as the nature and scope of the rights; along with The deep-dive case studies provided three big-picture 3. Duration and certainty of rights. recommendations that emerged from the additional re- search. This report takes an intersectional approach, drawing on 1. the six components of an analysis adopted from a manual Rather than focus on the formulation and pas- on intersectionality developed by the Center for Interna- sage of national-level legislation, focus on the tional Forestry Research (CIFOR) (2018):2 local implementation of current laws and pro- gramming in a more gender-inclusive way. 1. Understand how the local system works, focusing on the cross-cutting identities that influence the lives of While legal and regulatory reforms are still needed, the women and men differently; team found, through conversations with the women and 2. Identify marginalized stakeholders, the characteristics men engaged in REDD+ programming (in-country), that leading to their marginalization, and the contributing both at the national and local level, respondents did not institutions; emphasize legal and regulatory reforms. Their focus is on 3. Estimate the nature and level of discrimination of these implementing the current law, understanding the local con- stakeholders and differences between them; text, and designing projects with that context in mind, as 4. Analyze the institutions, norms, and narratives sus- opposed to a focus on national-level solutions. taining marginalization; 2. 5. Identify ways of strengthening collaboration within Work with local-level civil society organiza- communities to limit adverse effects; and tions (CSOs) or local level government offic- 6. Recommend legal and policy changes, along with spe- es that focus on women’s rights to land and cific interventions, based on the analysis. resources. Women’s ability to benefit from land as an asset is more Local level CSOs or local government agencies that are secure the more complete, robust, and durable their land already engaged with women can be a key entry point for rights are. However, under formal and/or customary laws, reaching women with education, information, and train- some women may have limited rights to the land they use ing, and can encourage women’s community participa- for their livelihoods. They may not have documented rights tion. Geography, lack of information, and social norms can to the land they depend on, and their lack of formalized be barriers to women’s participation in ERPs, but much rights to land can be an impediment to participating in of the groundwork of gender inclusion may already have 1 Cheryl Doss and Ruth Meinzen-Dick, 2018, “Women’s Land Tenure Security: A Conceptual Framework,” Seattle: Resource Equity, available at https://consortium.resourceequity.org/conceptual-framework/. 2 Carol J. Pierce Colfer, Bimbika Sijapati Basnett, and Markus Ihalainen, 2018, “Making Sense of ‘Intersectionality’: A Manual for Lovers of People and Forests,” Center for International Forestry Research Occasional Paper 184, https://www.cifor.org/knowledge/publication/6793/. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report VII Executive Summary been done by women’s organizations so that women in vate owners and Indigenous owners); for those on private those groups are already used to speaking in groups and land, those without title are not eligible. To respond to the already aware of the idea of gender mainstreaming. The potential of excluding women, the BSP includes a Sustain- challenge, though, is that women in distant or poor com- able Development Fund, which aims to promote financial munities are often left out. Women’s groups, like all groups, benefits that can be shared by women and men equally. In can sometimes exclude the most vulnerable members. Nepal, a detailed gender analysis was conducted by an in- Moreover, engagement with women’s organizations must ternational NGO that informed very specific programmatic go beyond checking a box so that women’s organizations responses in the ERP related to gender equity. or representatives have a real opportunity to influence the decisions made on programming. COMMON THREADS 3. Targeted gender analysis should precede all program design to ensure that programming In synthesizing the case studies and country scans, will work effectively in the intended implemen- several common threads related to challenges to gen- tation context. der inclusion and the practical implications of those challenges were identified. For example, all land tenure Many Indigenous groups are historically matrilineal and systems reviewed in the case studies included land used matrilocal or bilineal, and this became clear in the deep- and managed, both in common and individually, no mat- dive literature reviews and key informant interviews. In ter how that land was held or owned (by the community, matrilineal and bilineal cultures, women inherit land rights. state, or individuals). In some cases, the ownership rights This highlights the fact that land and forest tenure sys- of the household land directly affect the use rights of col- tems are part of the larger landscape, that is, the culture lective land. of a community, with its definition of kin, births, marriages, deaths, and ancestors. Added to that are social norms de- With regard to women, related concerns differ depending fining acceptable behavior for women and men. Gender on whether the land is managed by the household or by dynamics within a culture are much more nuanced than the community. For example, marital status impacts the can be represented in formal law or program documents; individual rights to land managed at the household level yet these norms and practices have a direct bearing on far more than the women’s rights to use and benefit from whether and how women can and do benefit from pro- the common resource land; this sometimes depends on gramming. To provide better programming for women, all geographic location rather than marital status. projects should undertake a gender analysis to identify key laws as well as customary, social, and religious norms im- For land managed individually (by households), de- pacting gender equality. fault community property regimes most often exclude inherited or gifted land and property. The most common For example, Costa Rica was one of the first countries to intervention for securing individualized land is land titling make a commitment to the issue of gender and developed and registration, and in most cases, gender equity con- a Gender Analysis and Action Plan to integrate a gender siderations are handled by mandating or encouraging the approach into the REDD+ readiness phase as far back joint titling of marital property. However, this can be com- as 2011. The REDD+ Secretariat recognized that working plicated by underlying laws and customs governing marital with a gender approach not only entails mentioning the is- property, if they are unknown and unaccounted for in the sue as a priority or principle, but also that relevant gender titling process. considerations must be identified, and specific actions pro- posed to promote gender equality in the implementation The marital property regimes in many of the countries of the National REDD+ Strategy. A strong gender analysis reviewed are based on European laws, which stipulate can identify barriers to women’s participation as well as limited community of property in marriage. This means recommend solutions to extend benefits from ERP to wom- that the only property to which both spouses have equal en, who do not fit the criteria for inclusion. Benefits in the rights is property acquired during the marriage, not prop- Costa Rica BSP are linked to proof of ownership (for pri- erty brought to the marriage or inherited by either spouse. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report VIII Executive Summary Such a law thus creates an obstacle for economically dis- Photo credit: Icaro Cooke Vieira/CIFOR advantaged women living in patrilineal and patrilocal sys- tems: as a woman would typically move to her husband’s ancestral land, she would thus not have secure rights to the land where she lives as an adult married woman. In other contexts, the limited community of property regime can be positive for women. For example, where the under- lying lineage system is matrilineal, women’s inherited land would be her separate property, although this could pos- sibly make men vulnerable. In bilineal systems (in which inheritance follows both maternal and paternal lineages), both men and women would have separate properties. Matrilineal: Tracing descent through the mother’s line Land titling and registration is a bureaucratic pro- cess, and thus more likely to be handled by men, Matrilocal: which may hinder women’s ability to have document- Households are centered around the residence of the wife’s ed rights to land. family or people. The process of identifying rights holders is not always gen- Bilineal: der inclusive. In all 17 countries, men are the public face of Tracing an individual’s descent through the father’s male the family, while women are responsible for the household. line and the mother’s female line. This social norm affects how, when, and what information women can obtain. Women are less likely to frequent pub- lic buildings and public spaces, including offices to acquire a government identification card or a land title. Common land and resource tenure systems are based on the rights of the collective or group. Typically, in Many Indigenous communities are matrilineal and these tenure systems, the authority to alienate and al- matrilocal, which has a significant impact on women’s locate lands is limited to a single representative, leader, situation in those communities; as this reality is not or group of representatives established by birth, appoint- commonly taken into account in project design, women ment, or election. The rules for how the common resource do not receive the information and training they need is used are established by the group or its representa- to fully participate in the process and claim their rights. tives. This is common for forestland. Collective land and A project may mistake the gendered roles related to the resource rights are entwined with community customs; so public and private spheres with male dominance in deci- there are significant differences among the 17 countries. sion-making and land rights, because men come to land One constant, however, is that women are less involved registration offices and community meetings. But in many than men in land and resource management, governance, Indigenous People (IP) and local community groups, wom- and decision-making. Specifically, women’s rights are less en inherit land as well as control the use and management complete than men’s rights because they are less able to of that land. The assumption that men, as the head of the manage the resource, including improving it, and as such, household, should have their names on a land title is det- they are less able to economically gain from the resource, rimental to women, who may customarily have individual compared to their male counterparts. rights to that land but lose that right if the land is titled only in the name of her husband. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report IX Executive Summary Photo credit: Fiston Wasanga/CIFOR Customary, Indigenous, or collective rights may be Women are rarely meaningfully involved in manage- established in law, but the procedures for gaining rec- ment and decision-making on forest land. ognition are cumbersome; in addition, gender equity Women are consistently excluded from forest manage- is not a priority. ment and decision-making—whether by state institutions The transfer of land and autonomy from the state to IPs or local or Indigenous communities. In all the countries re- or local communities requires an administrative process, viewed, women were rarely included in governance and which can be complex. Moreover, in most of the laws re- decision-making; moreover, their participation would be at viewed related to the transfer process, women are not the project level only. This is largely driven by the perva- mandated to participate, and in most cases, there is no sive social norm that men are the public representative of reference to gender. Establishing a quota and a way to the family, along with the general misunderstanding that measure whether the legal requirements are being fol- forest-related work is the domain of men. Activities de- lowed could help with gender inclusion. signed to communicate the value of women’s participation in forest management to whole communities—both men Women may not automatically be considered a com- and women—will be critical to creating change. Other op- munity “member,” while at the same time membership tions include quotas, along with awareness- raising and can be a prerequisite for participating in community sensitization activities or increasing the value of women’s governance and accessing the benefits. participation to men by improving women’s livelihood op- In some countries, women may be left out of ERP activities tions related to forest management. and benefit sharing, if they do not fit the criteria of being a member of the beneficiary group. Also, to the extent that Smaller community forest user groups may provide benefits are distributed to the community as a whole, if an opportunity for women to overcome barriers to par- women are not members of the community, they are not ticipation in forest management. included in the decision-making on how those benefits are Smaller forest management groups may provide an op- used. portunity for increasing women’s participation and deci- sion-making. The case studies found that smaller groups formed to manage a portion of the larger community forest tend to be associated with an increase in women’s voice and participation. The less public a group, the more likely the meaningful participation of women is. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report X Executive Summary The table below presents key challenges to women’s engagement as partners in the planning, operation, and deployment of climate finance critical to achieving sustainable forest management and recommendations for addressing them. Table 1. Summary of key challenges and recommendations for women’s engagement in FCPF activities External Factors Challenges Recommendations Gender norms Men are, generally, the public face of the fam- • Develop a Gender Analysis and Action Plan related to access ily, while women bear the main responsibility (GAAP) that (1) addresses women’s needs to information for the household. In many cases, women do for targeted information, training, and sup- not receive the same level of information and port, including separate forums for women support as men, unless a targeted effort is at a time and place that is accessible and made. (2) takes into account women’s level of edu- cation, mobility, and household roles. Gender norms In all study countries, women are not mean- • Establish women-only or women-prevalent related to public ingfully involved in land and resource gover- community forest-user groups to collect roles nance to the same extent as men, because information from women; and gendered norms promote men as the family • Feed that information up to the governance representative. committee. Laws, regulations, Generally under customary law, women who • Amend laws and regulations related to who and gender norms are married into a community have the right can participate in collective land gover- related to marital to use the common resources of the commu- nance and/or who can receive REDD+ status nity, but may not have the right to participate benefits, if they place women in a disadvan- in governance, if they are not from the same tageous position due to their marital status. indigenous or ethnic group as their husband. • Advocate for community by-laws to allow for Laws, regulations, Formal community membership may be a common-resource users (married women or and gender norms requirement for participation in community migrating families) to participate in resource related to commu- governance. governance, even if they are not consid- nity membership ered community members under customary law. Delink ancestral identity from resource Laws and regula- Some ERPs require formalized land owner- governance. tions requiring land ship (title) as a criterion for receiving monetary ownership for benefits from REDD+ programming, which will REDD+ benefits most likely disenfranchise many women, who are less likely to own land or have secured land rights. Laws, regulations, Often, default marital community property • Protect widows’ rights by establishing and gender norms regimes exclude inherited or gifted land from legal rules requiring the permission of both related to marital community assets. spouses for the sale of homestead land and property provide some of the value of the land to the spouse who is not the owner, if that spouse has added value to the land. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report XI Executive Summary Photo credit: Fiston Wasanga/CIFOR External Factors Challenges Recommendations Laws and regu- Women can lose customary rights to inher- • Many Indigenous communities are matrilin- lations related to ited land, if their husbands claim the right for eal and matrilocal or bilineal which can have land titling themselves in a formal, public process in which a significant positive impact on women in women do not participate. those communities. • Understand specific communities’ custom- ary norms related to land; and • Design titling and registration projects that do not disenfranchise women. REDD+ activities Some country ERPs call for REDD+ activities • Strengthen local women’s organizations’ that would threaten or undermine women’s ability to provide livelihood options. existing livelihoods. • Form inclusive women’s groups where none exists and ensure disadvantaged women can participate. • Provide sustained support for alternative livelihoods over the long term. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report XII Executive Summary Methodology The purpose of this study is to understand the legal and policy constraints and oppor- tunities in each of the 17 CF countries affecting women’s land and forest tenure. The study also explores women’s ability to exercise land and forest rights in statutory and customary systems; how these rights may be affected by the CF programs (ERPs and BSPs); as well as what is needed to further protect and strengthen women’s rights to land and forest tenure along with their ability to govern in the CF countries. This synthesis report provides a big-picture overview of the findings from all the studies; additional and more detailed information related to the activities in each country is available in the 10 country scans and seven deep-dive country reports. Because this report is a synthesis of findings from 17 countries, all statements taken from other sources are cited in the country studies. Furthermore, a bibliography of sources can be found at the end of this synthesis report. DATA SOURCES AND METHODS A detailed desk review of relevant country documents was conducted to collect base- line information on the following areas: • The status of women’s rights in Indigenous and local community forests was col- lected through social science databases available through the University of Wash- ington. In addition, reports from the International Food Policy Research Institute (IFPRI), the Food and Agriculture Organization (FAO), the World Bank, the United States Agency for International Development (USAID), along with other develop- ment and research institutions, were reviewed. All resources were peer reviewed. • Relevant country commitments, pertaining to REDD+ and the pursuit of other climate-related ambitions—including readiness assessments and strategies, CF-supported projects, ERPs, BSPs, along with project preparation and appraisal documents—were reviewed. • The status of women’s legal rights to land, forests, community membership, along with their ability to govern, was examined through Resource Equity’s review of land and forest laws and regulations, as well as the family and personal laws of each of the 17 countries. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report XIII Methodology Based on this desk review, the team classified the 17 CF countries, in terms of their potential for running a suc- Photo credit: Resource Equity cessful women-focused pilot project within the scope of BSP and ERP, with the goal of identifying seven countries for further research—to be referred to as the “deep-dive” analysis. The criteria for selecting the seven deep-dive countries are presented below: • Overall climate for moving toward gender equality in the country (national-level strategies, laws, or commit- ments to gender equality); • Legal framework that allows for gender equality, in DEEP-DIVE APPROACH terms of rights to land along with forest use and man- agement (gender-neutral or gender-inclusive laws); For each of the seven countries selected, the project team • Customary system with the potential to involve women expanded the scope and detail of the desk research, as in land and forest management; well as conducted semi-structured interviews with the • Willingness of government (national and jurisdictional) World Bank country office staff, leaders from civil society, and local leaders (customary and formal) to address existing REDD+ project implementers, or other stakehold- women’s opportunities and challenges in participating ers. In all countries, the ability to meet directly with key in land as well as resource use and management; informants or women’s groups in person was limited by • BSPs and ERPs with potential activities that could COVID-19; as such, the project team spoke directly with benefit women, especially if the activity has a gender key informants over Zoom. focus; • Presence of local organizations, NGOs, or the govern- Nonetheless, to mitigate this situation, the researchers ment willing to provide information to the Resource Eq- worked with an in-country researcher or practitioner who uity team and collect information to further the team’s is familiar with the ERP area and issues related to gen- understanding of the situation on the ground; and der and REDD+ engagement in that area. This individu- • Country-level awareness (the government and the al also possesses a thorough knowledge of gender and World Bank) of the benefits and challenges of imple- REDD+ engagement or the ability to interview women menting gender-inclusive projects involving land and in focus-group discussions or key informants. These re- forests. searchers/practitioners validated, or in some cases, dis- agreed with a finding in the draft report, identified new Ultimately, the Facility Management Team (FMT) and the issues, worked together with us on developing questions Resource Equity team selected seven countries for further for each country, and communicated regularly throughout research: Chile, Costa Rica, Ghana, Guatemala, Indone- the research process. Additional desk research, focused sia, Laos, and Madagascar. broadly on the customs and norms of the IPs in the ERP areas, added to the case study. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report XIV Methodology SECTION I Introduction The Forest Carbon Partnership Facility (FCPF) is committed to ensuring that women are partners in the planning, operation, and deployment of climate finance. Women’s full participation is critical to achieving sustainable forest management and delivering important co-benefits, such as improving women’s land tenure security, increasing their participation in forest governance, and creating new streams of income for them. The FCPF Carbon Fund (CF) pilots results-based payments to countries that have advanced through REDD+ readiness and implementation and achieved verifiable emission reductions (ER) in their forest and broader land use sectors. At the fund and country level, FCPF’s activities aim to deliver evidence-based analysis and concrete action plans tailored to national and subnational REDD+ strategies. This report provides an assessment of the constraints and opportunities in the le- gal and policy environments of CF, based on deep-dive studies undertaken in seven selected CF countries (Chile, Costa Rica, Ghana, Guatemala, Indonesia, Laos, and Madagascar). Furthermore, examples are drawn from an additional 10 country scans. The report assesses how these legal and policy environments affect women’s land and forest tenure, their ability to exercise their rights in existing statutory and custom- ary systems, how these rights can be influenced by the national CF programs, and what specifically is needed to protect and even strengthen women’s rights. REDD+ projects pose both challenges to governments and other implementers and opportunities for them. Some of these challenges are related to the gender dynamics and social norms of land and forest tenure. These gender dynamics can influence whether women and men will share equally in the local impacts, benefits, and costs of those projects. Often, women bear a greater share of the costs and enjoy a less- er share of the benefits. Through the mechanism of results-based climate finance, REDD+ has the unique opportunity to unlock this as-of-yet untapped potential for gender empowerment. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 1 Section I Introduction Photo credit: Axel Fassio/CIFOR The CF REDD+ projects, making up the FCPF national Section II of this synthesis document describes the ana- emissions reduction programs (ERP) within each studied lytical framework used during the deep-dive research and country, are largely undertaken within agricultural land and analysis. Section III provides an overview of the REDD+ forest landscapes. In most cases, households have the context. Section IV describes the common threads seen use of both individualized land (for agriculture, gardening, across the country deep-dive case studies. Section V syn- and housing) and collective land (forests and other com- thesizes the findings from the 17 country profiles (10 scans mon resources). The collective land holdings may be held and seven deep dives) and discusses the connection be- and managed by Indigenous Peoples (IPs) or local com- tween legal frameworks, customary norms, and REDD+’s munities;3 they may consist of a single clan or ethnic group, contextual issues. Section VI summarizes the fundamen- or a mixture of groups. Agricultural land may be “owned” tal challenges of REDD+ programming and corresponding by an IP or other community, but is most often managed recommendations. at the household level. Land and forest rights and tenure arrangements are numerous and complex: they can differ from community to community; moreover, they are heavily influenced by gendered social norms. 3 Sharing similarities with IPs, local communities are those who have developed their identities and cultural characteristics over time by devising and applying a strategy to cope with a given environment and manage its natural resources. These local communities are groupings of individuals and families sharing common interests in a definable local land area within which they normally reside. While communities may vary in size, identity, internal equity, land use systems, and distribution of land rights to land, they share these similarities: 1) They have strong connections to particular areas or territories and consider these domains to be customarily under their ownership and/or control. 2) They themselves determine and apply the rules and mechanisms through which rights to land are distributed and governed. The rules themselves alter over time, as do the mechanisms through which they are upheld (for example, from autocratic chiefs to committees). Many rules are customary, based on tried-and-tested customs followed by their forebearers. Others are new, that is, developed by the community to address new challenges (for example, land shortage) or to be consistent with the constitutional rights of members who are also citizens of modern states (for example, with regard to women’s land rights). 3) Collective tenure and decision-making characterize the system. Usually, all or part of the community land is owned in common by the members of the community and rights are distributed to them. Sometimes, community lands are traditionally subdivided into family lands in entirety; but the community exercises authority over them, establishing the means by which family rights are recognized, held, used, and transferred. Communities possess a distinctive form of social organization, with their members sharing, in varying degrees, political, economic, social, and cultural charac- teristics (in particular, language, behavioral norms, values, and aspirations). They also function, or have functioned in the past, as micropolitical bodies with specific capacities and authority. Important processes in community life comprise social integration (cooperation to address common needs), social conflict (the clashing of needs and wants among individual members or families within the community), cultural continuity, and cultur- al changes. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 2 Section I Introduction SECTION II Analytical Framework The project team applied modified versions of two analytical frameworks for the coun- try research and recommendations: one for land and resource tenure security for women4 and the other for understanding intersectionality.5 The Doss and Meinzen-Dick framework provides a clear definition of what we mean by secure land tenure and the outcome we are seeking. Tenure security for women and men is analyzed, in terms of the three key dimensions of land and forest tenure security: 1. Robustness of rights, including legal and social legitimacy, the resilience of the rights in the face of change, and the enforceability of rights against external and internal threats; 2. Completeness of rights, which includes the rights available to women and men in a tenure system (including ownership, access, benefit derived, control and de- cision-making among others), as well as the nature and scope of the rights; and 3. Duration and certainty of rights. The Conceptual Framework then identifies and describes the factors affecting wom- en’s land tenure security, including the context related to women, land and land ten- ure, laws and social norms, as well as the community. This context is, in turn, influ- enced by the actors and the resources available. 4 Based on Cheryl Doss and Ruth Meinzen-Dick, 2018, “Women’s Land Tenure Security: A Conceptual Framework,” Seattle: Resource Equity, available at https://consortium.resourceequity.org/conceptu- al-framework/. 5 Carol J. Pierce Colfer, Bimbika Sijapati Basnett, and Markus Ihalainen, 2018, “Making Sense of ‘Intersectionality’: A Manual for Lovers of People and Forests,” Center for International Forestry Research Occasional Paper 184, https://www.cifor.org/knowledge/publication/6793/. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 3 Section II Analytical Framework Figure 1. Qualities of secure land tenure for women of women’s land tenure Wom n´s l nd t nur is s cur wh n l nd ri hts r : 1 2 3 Compl t Robust Dur bl More rights in the Protected if threatened. Long enough to allow a bundle of rights. return on investment, like Recognized when benefit/opportunity attached planting trees and Includes rights to use, to right arises (e.g. compensation). digging wells, and allow transfer, manage, control, for economic stability. collect income from, Exercisable freely and without needing bequeath, and inherit, permission. If not perpetual, then for a among others. secure period of time. Nature and scope of rights are certain, known to the right holder, and broadly understood. Socially and legally legitimate. Inheritable. Figure 2. Conceptual framework of factors affecting women’s land tenure security. Cont xt Women Action Ar n Land and Land Tenure Thr ts Actors Laws and Social Norms Opportuniti s Action Resources Community Outcom Women´s Land Tenure Security Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 4 Section II Analytical Framework This study analyzes the legal and social context for wom- Identify marginalized stakeholders. The team re- en, land tenure, and communities to determine how com- searched existing power relations and tried to determine plete, robust, and durable women’s land and forest rights whether there are groups of women who are more or less are in specific environments. likely to participate in decision-making in the household and the community, and whether this varies in different To apply intersectionality to the research, the project team ethnic or Indigenous communities. drew from six components of analysis (please note that they are not intended to be linear):6 Understand the nature and depth of discrimination. The study sought to understand where, how, why, and the • Understand how the local system works, focusing on extent to which differently situated women are marginal- the cross-cutting identities that influence the lives of ized and assess whether patterns of women’s access or women and men differently. exclusion across institutions (religious, formal, and cus- • Identify the marginalized stakeholders, the character- tomary), services (extension and financial), and forums istics that lead to their marginalization, and the contrib- (governance and grievances) exist. uting institutions. • Estimate the nature and level of discrimination of Identify institutions, norms, and narratives. The study these stakeholders and differences between them. tried to identify the national and community narratives that • Analyze the institutions, norms, and narratives sus- are maintaining the existing power structures. taining their marginalization. • Identify ways of strengthening collaboration within Identify ways to strengthen collaboration. Strength- communities to limit adverse effects. ening collaboration will require recognizing where there • Recommend legal and policy changes as well as spe- are openings for change in the social norms and already cific interventions based on the analysis. positive instances of women and men working together on land and forest use and management. The study exam- Understand the local system. To understand the local ined under what conditions REDD+, FCPF ERP, and BSP system, the team reviewed the formal and customary laws might be able to improve women’s land rights—either in related to land and forest rights and their history and re- the robustness, completeness, or duration of those rights. lationship to each other, as well as to the specific social, Indigenous, or religious groups. Where a pluralistic legal Recommend legal and policy changes. While legal and system exists, the team examined the differences between policy barriers to gender equity stem from legislation that and within systems. Furthermore, social, religious, and po- is intentionally exclusionary in some cases, they are, more litical norms were investigated, along with their impact on often, the unintended consequences of legislation, rules, household responsibilities and the communities’ ability to and procedures of which the full ramification is unknown. own and use assets as well as participate in community Small changes can make a big difference in outcomes for activities and governance. Where possible, the team tried women. to capture gender differences in social capital, education, and obligations tied to participation in governance bodies, employment opportunities, as well as wealth and wage in- equality. All of this was reviewed for women of different marital status, along with ethnic and Indigenous groups, where applicable. 6 This list is amalgamated with input from the World Bank experts in this field. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 5 Section II Analytical Framework SECTION III FCPF Context FCPF started gender mainstreaming activities in 2016 at the 21st meeting of the FCPF Participants Committee (PC21). At this meeting, it was agreed that it is cru- cial for FCPF to address gender gaps in land, forest and landscape management, decision-making processes, benefits-sharing arrangements, and beyond. Suggested actions are presented below: • Development of gender roadmaps or action plans; • Inclusion of representatives of women’s organizations in decision-making and ad- visory bodies; • Capacity building and awareness raising on gender issues; • Advocacy for strengthening land and resource rights for women; • Collection of sex-disaggregated data; • Promotion of income diversification for women; • Identification of gender focal points in sectoral ministries; • Facilitation of inclusive engagement processes; • Awareness raising on the role that women play in land and forest stewardship through innovative communication strategies; along with • Strengthening local, regional, and international women’s groups and networks.  Since 2016, some of these activities have been taken up at the country level and oth- ers by the FCPF office. The background research for this report found some excellent examples of country-level Gender Analysis and Action Plans (GAAPs), for example. However, while there is broad agreement on what is required for gender inclusion in REDD+, implementation is still fairly limited. Several GAAPs reviewed for this report were well researched, documented, validated at the local and national level, and spe- cific; yet, they were unfunded and thus not implemented. Furthermore, neither the GAAP nor the collection of sex-disaggregated data has been made mandatory in the case of every country. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 6 Section III FCPF Context The main types of general activities supported under the the household and community are generally complemen- REDD+ programs fall under seven broad categories, with tary but different; thus, they require separate attention some overlap: when designing and implementing projects. Women are not typically leading, or even involved in public meetings, 1. Community investment community decision-making, large private businesses, or • Improvement in community knowledge, mobiliza- policy reforms. Reaching women and benefiting from their tion, and capacity building knowledge and voice will almost always require address- • Social and economic community investment ing the barriers they face in engaging in community-level • Improvement in community services/flood prevention programs. Activities could include providing targeted infor- • Resilience of village infrastructure mation, training, and support to women; establishing wom- en-only small forest user groups; or supporting women in 2. Forest management current or alternative livelihoods in ways that are sustain- • Prevention of forest fires able and translatable into improved household income and • Capacity building for forest management planning well-being. at the village level • Focus on biodiversity Women’s ability to benefit from land as an asset will be • Policy reform and institutional strengthening for de- more secure, the more complete, robust, and durable centralized forest management their land rights are. However, under both formal and/or customary laws, some women may have limited rights to 3. Private-sector focus the land they use for their livelihoods. They may not have • Leveraging of private-sector climate investments documented rights to the land they depend on, and their • Oil palm and forestry companies’ sustainability lack of formalized rights to land can be an impediment to • Sustainable production of palm oil their ability to participate in REDD+ programming or ben- • Technology to reduce the greenhouse gas emis- efit from it. Moreover, women’s interests and focus within sions of agricultural sector (cash crops like coffee) households and communities may not be equally valued or understood. To be gender inclusive, projects need to 4. Policy reforms and institutional strengthening know the specifics of the areas’ customary laws, which 5. Development of alternative livelihoods may or may not protect the rights to land of both men and 6. Improvements in land tenure/land rights women equally. Land titling programs that operate with the 7. Focus on agriculture knowledge and understanding of the customary rules of • Reducing emissions while increasing/intensifying land rights are less likely to disenfranchise women, who agricultural production may be reluctant to claim their rights in a public office. • Resilience of climate-vulnerable smallholder farmer families The seven deep-dive country studies identified relevant • Reduction in timber harvesting, livestock grazing, differences between the experiences of women and men, and the agricultural use of forests in terms of the law, social norms, livelihood activities, land and forest uses, and the ERPs. The goal of this report is While Categories 1–4 focus on the management of collec- to identify the challenges stemming from these differenc- tive resources, including forests, or engagement in public- es and identify opportunities for mitigating them. In most and private-sector activities, categories 5–7 relate to the cases, the national authors of the ERP documents— proj- needs of the household—livelihoods, land, and smallhold- ect-design documents, the BSPs, the Environmental and er farming. Social Assessments, among others—have identified some of the challenges and opportunities. The Gender Action Women’s ability to engage in any of the REDD+ projects Plans (GAPs) may also have been developed and includ- and benefit from them is associated with legal and cus- ed among the ERP country documents. The deep dives tomary land rights and tenure regimes, as well as social were designed to support and further these existing na- norms and expectations. The roles of women and men in tional efforts. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report. 7 Section III FCPF Context SECTION IV Deep-Dive Case Studies and Lessons Learned Based on the initial scans of the 17 FCPF countries, the research team intended to un- derstand the robustness of women’s land rights: the presence of legal protection; the duration—how marital status impacts women’s rights to land; and completeness—the women’s right to autonomy, the differences between men and women in the rights to land by law, and the extent of women’s rights to govern community resources. Similar- ly, the queries related to traditional and customary norms are intended to clarify which customs and norms impact which component of the land tenure security—complete- ness, robustness, duration. Moreover, the customary norm questions seek to better understand how the local system works, with a focus on the cross-cutting identities that influence the lives of women and men differently. After the initial scans, the research team came up with four broad hypotheses for further consideration in the deep-dive case studies: 1. The beneficiary criteria for participation in the Carbon Fund (CF) benefits, in some cases, hinder women’s full rights to participate in the governance of collective resources, even when their livelihoods depend on those resources. Project in- terventions are thus required to create an environment that is more conducive to women engaging in the governance of collective resources. 2. Gender-inclusive group membership rules for communities would open a space for women’s involvement in benefit sharing and support more complete and ro- bust rights. 3. Women need to have the legal and social right to own land (robustness), even when land ownership is not a criterion for carbon benefits, because their liveli- hoods often depend on household land, and collective and household land rights are usually intertwined. 4. Women’s lack of access to information and training on how to participate in the governance of collective land and land titling programs limits their ability to have full and robust rights. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 8 Section IV Deep-Dive Case Studies and Lessons Learned The deep-dive case studies, along with additional re- the joint titling of marital property, the emphasis has now search, helped the team to better understand the practical shifted to instituting complementary regulations and guide- implications of the above hypotheses and come up with lines for the implementation of the new law. This essen- three big-picture recommendations: tially means paying close attention to operational proce- dures, guidelines, and program technical design to look for 1. Rather than focus on national-level legislation, opportunities to ensure that, even if laws will not change, focus on the implementation of current laws and any ambiguities or gaps in the law will be addressed by a programming in a more gender-inclusive way. gender-sensitive procedure. 2. While legal and regulatory reforms are still needed, the Working with local-level CSOs or government team found through its conversations with women and offices, as a first step, can overcome geo- men engaged in REDD+ programming (in-country) at both graphical, informational, and social barriers to the national and local levels that none of them emphasized women’s participation in ERP, but sustained legal and regulatory reforms. Their focus is on implement- engagement and supporting women’s capacity ing the current law, understanding the local context, and to participate remain essential. designing projects with that context in mind, as opposed to a focus on national-level solutions. The team found that working through local-level CSOs or government agencies already engaged with women could For example, in Madagascar, the land certification pro- be a key entry point; this was emphasized in Madagas- gram is, in some cases, documenting land rights in the car, Indonesia, Costa Rica, Ghana, and Laos. Working name of men at the expense of women’s rights to land. with existing groups makes dealing with these issues with Rather than requesting a national regulation for the man- women easier because they are already used to speaking datory joint titling of land, women want the documented in groups and aware of the idea of gender mainstreaming. rights to conform to the reality of their customs, in which The challenge, though, is that women in distant communi- both men and women inherit land and have control over ties or from economically poor communities are often left the use of that land. out, and women’s groups, like all groups, can sometimes exclude the most vulnerable women. Similarly, under customary law, among many Indigenous groups in East Kalimantan, Indonesia, both women and Engagement with women’s organizations must go beyond men inherit and own land, and women want their rights checking a box so that women’s organizations or repre- individually documented. sentatives have a real opportunity to influence decisions made on programming. In Costa Rica, the engagement In Ghana, the ERPD called for the national government to with Indigenous and other women during the development enact a draft Wildlife Bill to serve as the vehicle for autho- of the gender roadmap, analysis, and action plan was rizing and defining the process for establishing Communi- strong, and there was real progress made. However, In- ty Resource Management Areas (CREMAs) that cover a digenous women reported that their involvement should geographically defined area and include one or more com- continue throughout the life of the REDD+ activities, not munities that have agreed to manage natural resources in just during consultations, and they should be considered a sustainable manner. While that legislation has yet to be equal stakeholders throughout. In Laos, the reliance on enacted, the ERP implementers have moved ahead with the established Laos Women’s Union (LWU) is a positive CREMAs and Hot Spot Intervention Areas (HIAs) and are step toward women’s involvement through program deliv- looking to make ERP implementation arrangements and ery. However, LWU’s principles and policies support the protocols more inclusive, for instance by promote wom- status quo with regard to gender norms that put women en’s active participation in the implementation of ERPs in the roles of service providers and caregivers. This can and their BSPs. run counter to the need to advocate for women’s interests when they differ from those of men. As such, one can see With regard to Laos, where the land law recently removed that even women may require some capacity development important protections for women by no longer mandating in being effective representatives of others. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 9 Section IV Deep-Dive Case Studies and Lessons Learned 3. Targeted gender analysis should precede all define acceptable behavior for women and men. Gender program design to ensure that programming dynamics within a culture are much more nuanced than will work effectively in the intended implemen- can be represented in formal law or program documents; tation context. yet, these norms and practices have a direct bearing on whether and how women can and do benefit from pro- Many Indigenous groups are historically matrilineal and gramming. To provide better programming for women, all matrilocal or bilineal, and this became clear in the deep- projects should undertake a gender analysis to identify key dive literature reviews and key informant interviews. In laws as well as customary, social, and religious norms im- matrilineal and bilineal cultures, women inherit land rights. pacting gender equality. This highlights the fact that land and forest tenure sys- tems are part of the larger ecosystem, that is, the culture While the above findings are broad and applicable across of a community, with its definition of kin, births, marriages, the board, there are more nuanced findings for each deep- deaths, and ancestors. Added to that are social norms that dive country; they are summarized below in Table 2. Table 2. Key challenges and recommendations by country from the deep-dive studies Sub-Saharan Africa Country/Key Challenges Key Recommendations Remaining Knowledge Gaps Ghana From a customary perspec- • Improve women’s participation in CREMA/HIA Granular, local information tive, women are not likely to governance and REDD+ programming so that about women and their status be considered members of the the community-based resource governance and livelihoods is needed for community, for purposes of entities can benefit from women’s input and gender-sensitive ERP imple- decision-making linked to land or women can benefit from the BSP (particularly mentation. forest use. those benefits linked to alternative livelihoods and slated to be delivered through the CRE- More information on the The ERP GAAP measures to be MA and HIA governance entities). status of the drafts of key im- implemented at the local level • Implement the recommendations of the Inter- plementing regulations would have not been sufficiently empha- national Union for Conservation of Nature’s inform efforts to support the sized or enacted. (IUCN) ERP GAAP at the lowest level of the Government of Ghana (GoG) ERP implementation (CREMA level). These in proceeding with these Women have very limited rights recommendations specifically address wom- much-needed governance to land under customary regimes. en’s sustained participation and benefits. instruments. The new Land Act has some • Make improvements to women’s formal rights provisions that could improve to land, which will improve their status within women’s formal land rights, but communities and lead to their increased stat- the implementing regulations and ure and voice. This will consequently improve the state capacity to deliver on ERP participation and benefits. them are needed. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 10 Section IV Deep-Dive Case Studies and Lessons Learned Photo credit: Axel Fassio/CIFOR Country/Key Challenges Key Recommendations Remaining Knowledge Gaps Madagascar Community oversight/manage- • Accommodate women’s needs related to What are the lessons learned ment is generally the role of an household and family care to help engage from the World Bank Sustain- elder male, thus making it difficult them in decision-making, including member- able Landscape Management for women to participate in forest ship in the VOIs. Examples include wom- (PADAP) project, in relation to management, without an inter- en-only meetings, the provision of childcare, gender inclusion, which could vention specifically focused on the holding of meetings at a time and location be applied to future projects? the inclusion of women. where women can attend. • Conduct training for women to better under- Joining a community that is stand the issues related to forest manage- formed to manage the forest is ment and the need to participate in manage- voluntary; women have low levels ment, as well as help build the capacity and of Vondron’Olona Ifotony (VOI) skills needed for them to meaningfully engage membership, and overall, a lack in the process. decision-making power in re- • Fund, implement, and evaluate the effec- source management. tiveness of the GAP, which has buy-in from the key sectors of all levels of government, Land certificates do not include opinion leaders, civil society representatives, both the names of a married grassroots communities, women’s associa- couple, even if spouses have tions, and youth clubs. equal rights to the land under the • Work with titling and registration projects to Marriage Law. ensure that both women and men are includ- ed on land certificates. • Establish rules or protocols that include work- ing with local organizations to inform women of their rights and train them on how to realize those rights. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 11 Section IV Deep-Dive Case Studies and Lessons Learned Photo credit: Icaro Cooke Vieira/CIFOR Asia-Pacific Country/Key Challenges Key Recommendations Remaining Knowledge Gaps Indonesia The IP recognition process is compli- • Implement Ministerial Regulation P. Environmental CSOs lack cated, expensive, and gender neutral. 31/2017 on the guidance of the imple- accurate sex- disaggregated mentation of gender mainstreaming in data and gender expertise. The Social Forestry (SF) Program the environment and forestry sector, did not address gender equity or the which calls for a gender analysis, gen- Which alternative livelihood advancement of the rights, equality, der-responsive planning and budgeting, opportunities for women are and interests of women, although the along with the collection of gender- dis- sustainable and income-gen- Social Forestry regulations of 2016 aggregated data. erating (community by com- affirm that the beneficiaries are “enti- • Understand the IP or community group’s munity)? tled to get fair treatment on the basis customary law, which in many cases, of gender or other forms. ” There is no is favorable to women, and ensure that express obligation to include women. project design accounts for the local customary law. Few women are involved in poli- • Work with the Pembinaan Kesejahteraan cy-making regarding environmental Keluarga (Family Welfare Movement issues in executive and legislative [PKK]) structure to reach women. PKK, agencies, as well as at the local level. a voluntary movement consisting mainly of women, focuses on development, pri- marily at the village neighborhood level. Around two million PKK volunteers are actively involved in village development programs in more than 66,000 villages, providing a structure for efforts centered on women. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 12 Section IV Deep-Dive Case Studies and Lessons Learned Country/Key Challenges Key Recommendations Remaining Knowledge Gaps Lao PDR Mandatory joint titling is no longer • Incorporate affirmative steps in the How do local-level gender the law, which may impact whether comprehensive guidelines on the recog- norms and gender dynamics women on these lands will benefit nition of collective, customary tenure to affect land titling? from REDD+. address gendered social norms working against women having an equal say or Do the Civil Code’s provi- Land, categorized as forest land but equal rights in governance. sions for marital property, the used by ethnic communities/villages, • Modify procedural regulations and guid- Land Law, along with titling has unclear tenure arrangements. ance and program-level procedures for and registration regulations, titling and registration in rural areas to procedures, and forms, match Participatory land use planning pro- include a presumption of the joint titling customary norms in the cesses are implemented inconsistently of marital property, thus placing the onus project areas? If not, what are and depend on individual commitment on the parties to prove why it should be the differences and where are at the district and village level. otherwise. information and sensitization • Include traditional leaders, as well as needed? It is not clear whether the formal village officials and other men, in gen- representation of women in village der-sensitization training to help ensure committees has translated into wom- that village-level decision-making consid- en’s needs and interests being equally ers the perspectives of men and women included in village-level decisions, equally. including those related to benefit dis- • Work with women representatives at the tribution and use that are paid to the village-level LWU to build their capacity village as a whole. to represent the interests of other women and engage in decision-making in a way Social norms that women should be that is consistent and produces good supportive of men and subservient to results for women. them are strongly held, thus constrain- • Consider ethnically diverse practices ing women’s ability to pursue their around inheritance and marriage that own interests in land and forests. implicate property rights for women and men in the land titling and registration There are considerable differences in program design. the gender dynamics and gendered social norms, specifically around land and resources, and also governance across ethnic groups, which are not well understood. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 13 Section IV Deep-Dive Case Studies and Lessons Learned Latin America and Caribbean Country/Key Challenges Key Recommendations Remaining Knowledge Gaps Chile A husband’s legal right to admin- The Chile National Forestry Corporation To what extent have husbands ister the property of the family and (CONAF) should be adopting the following monopolized ERP interac- his spouse, combined with the actions: tions with households; what ERP’s requirement that only legally • Take special measures to permit married measures could be taken to registered property owners can women to exercise their voice and provide counteract this situation, while participate in ERP benefits, disen- opinions on agricultural or forestland use or ensuring women’s safety? franchises women. obtaining the ERP benefits for forest preser- vation activities on her family’s land (that is CONAF may benefit from The ERP requires registered land administered by her husband). These may research that supports its rights for participation in ERP bene- include separate women-only meetings that detailed planning for rights for- fit streams. This can limit women’s report back to the main group, quotas, or malization within the context of participation in benefits. other mandatory spaces for women’s knowl- the ERP, and particularly how edge and concerns to be raised. women might be included. While some Chilean women’s • Facilitate the registration of the rights of organizations are aware of the prospective ERP beneficiaries to enable ERP, and IP women’s organiza- their BSP participation. This “on-demand” tions may have a higher awareness process for formalizing land rights would in- than other women’s organizations, crease women’s participation and benefits, REDD+ and women’s forest-related especially if they were adequately informed livelihoods may not have the high- and trained on how to follow the process. est thematic priority for them. Fur- • Expand its outreach to national and regional thermore, the Ministry of Women women’s groups, along with MWGE, to fur- and Gender Equity (MWGE) does ther educate them on the scope and impact not appear to place a thematic of the ERP and seek their cooperation in priority on women’s participation in securing women’s participation. CONAF the ERP and benefiting from it. should provide tools to these organizations and underwrite information campaigns for distribution through them. • Capitalize on “twinning” opportunities by placing CONAF specialists within CSOs/ NGOs and MWGE for a meaningful dura- tion, while the staff from these entities could be sensitized to opportunities provided by the ERP and the challenges facing CONAF in securing women’s participation. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 14 Section IV Deep-Dive Case Studies and Lessons Learned Photo credit: Barbara Fraser/CIFOR Country/Key Challenges Key Recommendations Remaining Knowledge Gaps Costa Rica Indigenous women do not partic- • Facilitate inclusive decision-making by Sex-disaggregated, gen- ipate fully in group activities and Indigenous groups to provide a chance for der-sensitive, and ethnically benefits with the potential for a the interests of both women and men to be disaggregated data are good return. given equal weight in deliberations, partic- needed. ularly where it will have a material impact, Women smallholders do not have such as the Payment for Environmental Is there any reason for benefits land titles to the same extent as Services schemes. to be tied to land ownership? men, thus limiting their ability to • Develop a pilot program that delinks the benefit from payments requiring distribution of all benefits from land own- proof of ownership. Although a ership and instead ties it to the analysis of special fund has been developed, who currently derives benefit from the land. the main fund is still linked to land • Increase institutional resources and capac- ownership. ity across the ERP to ensure that gender equity is a consistent consideration and Institutional commitment and the managers are held accountable for gen- capacity to deliver the GAP are der-related results. waning. • The Gender Equality Award and +Mu- jeres+Natura initiatives show promise for Though Indigenous and other affirmative actions to support the needs of women have been consulted, they differently situated women. are not empowered through the process to drive the activities that interest and affect them. Sex-disaggregated and gen- der-sensitive data are not collected consistently. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 15 Section IV Deep-Dive Case Studies and Lessons Learned Country/Key Challenges Key Recommendations Remaining Knowledge Gaps Guatemala Women are less likely to own land • Identify and employ budget and resources Gather the following types of than men, and land ownership is for implementing the gender roadmap—set- data: (1) Sex-disaggregated the basis for benefit sharing. ting targets for women’s participation and data and analyses on existing benefit as well as outlining the account- REDD+ and financial incentive On land customarily held by Indige- ability for ensuring that targets are met to programs; (2) Data on Indig- nous groups, women’s experience improve gender inclusion. enous and ladina women’s with benefit sharing may depend • Work with IP groups to sensitize communi- rights to the different cate- on the practices of the group, ties to the value of women’s participation in gories of land in Guatemala; which typically excludes women resource management; do so by engaging along with (3) Baseline infor- from authority or decision-making local leaders and women CSOs wherever mation on women’s land rights over land and resources. possible. and productive activities, and • Eliminate administrative barriers women women’s role in decision-mak- Within existing REDD+ programs, face with regard to asserting rights or par- ing at the community level. the rules of engagement in activi- ticipating in governance (such as identity Review all procedures and ties tend to favor males. cards and language). rules for the certification of • Remove the requirement for land owner- possession, issue titles on Insufficient resources are allocated ship to participate in benefit sharing, rather private land, and register to support gender-related commit- include land users as well. communal land. This would ments already made. highlight the need for change. Review program rules and Indigenous and ladina women have financial incentives on existing secondary social status, compared REDD+ programs for environ- to similarly situated men. mental services, which may uncover areas where women Indigenous women lack identity could be better supported. cards, which can preclude them from government activities. Indigenous women may have a limited knowledge of Spanish, thus preventing them from participating in public processes. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 16 Section IV Deep-Dive Case Studies and Lessons Learned SECTION V Synthesis of Common Threads Across All Case Studies In approaching this review, the team asked the same broad questions for each coun- try; this section presents the synthesis of the team’s findings across the 17 countries studied. The legal questions are focused on understanding the robustness of women’s land rights—the extent to which they are protected by the law; the duration—the na- ture of the impact of marital status on women’s rights to land; and the completeness of the protection of the law for women—the extent to which the law gives women the right to autonomy and the extent of the differences between the rights to land of men and women by law. In the same vein, the queries related to traditional and customary norms are intended to clarify which customs and norms impact which component of land tenure security—completeness, robustness, and duration. As well, the customary norm questions seek to better understand how the local systems work, with a focus on the cross-cutting identities that influence the lives of the women and men differently. The remainder of this section is divided into three parts. The first part discusses the legal framework for gender equality, individual or household land tenure, and common pool (or collective) resource tenure. The second part covers the common threads across REDD+ programs and integration of gender considerations into those pro- grams. The third part summarizes the main challenges and recommendations for gender inclusion programming in REDD+ projects. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 17 Section V Synthesis of Common Threads Across All Case Studies A. LEGAL FRAMEWORK FOR GENDER EQUALITY AND LAND AND FOREST TENURE Photo credit: Axel Fassio/CIFOR GENDER EQUALITY Does the legal framework generally support gender equality, and are there different social or economic barriers that women face, but men do not? In all 17 countries, to varying degrees, gender equal- formal labor sector (Madagascar, Ghana, Laos, and Fiji). ity is promoted in the legislation, usually in the na- High levels of poverty and racism toward ethnic minorities tional Constitution, at a minimum. The Constitutions of (Laos, Guatemala, and DRC) also undermine both men three countries (Côte d’Ivoire, the Democratic Republic of and women. Congo [DRC], and Fiji), however, allow for discrimination against women, if that discrimination is based on custom. Some countries commit to gender equality in the Consti- INDIVIDUAL LAND RIGHTS tution, but have not taken further steps to address those • How do the laws and regulations governing land commitments through the legislature. In other countries and forestry tenure, together with family and per- studied, there has been more active promotion of gender sonal law and social norms, impact women’s rights equality in national gender strategies and legislation. to individualized or private land? • What are the social norms related to marriage, Laos, Indonesia, and Mexico require gender mainstream- family, death, land, and property? Will these norms ing at all levels of the government. In Laos, Laos Women’s influence women’s rights to individualized house- Union (LWU), a government organization, has represen- hold land? Will they influence women’s choices tation at every level of administration, with one member about land and forests in the ER accounting areas of the LWU representing women on each village council. in ways that may impact whether women will par- In Indonesia, the Ministry of Women’s Empowerment and ticipate in activities and share in the benefits? Child Protection (MoWECP) serves as a focal point in pro- • What are the key gendered norms influencing moting and coordinating gender-mainstreaming efforts women’s empowerment, agency, and inclusion, at across all ministries/institutions and local governments. both the household and community levels? Furthermore, gender-mainstreaming strategies have been integrated into long-term, medium-term, and short-term All the land tenure systems reviewed in the case studies national development planning. Mexico requires all feder- included land used and managed, both in common and al agencies and all levels of government to mainstream individually, no matter how that land was held or owned (by gender considerations; in fact, it has increased the bud- the community, state, or individuals). Moreover, in some get for these activities over the years. Madagascar and cases, the ownership rights of the household land directly Ghana have focused on gender equality in development affected the use rights of the collective land (Chile, Guate- interventions from a legislative standpoint, although some mala, and Costa Rica). customary inequalities are statutorily accommodated in the Ghanaian legislative framework. The issues for women would differ, depending on whether the land is managed by the household or the community Despite positive legislation for them, women, in many of and its representatives. For example, marital status im- the countries reviewed, are still disadvantaged by high lev- pacts individual rights to land managed at the household els of gender-based violence (Madagascar, Ghana, DRC, level far more than the women’s rights to use and benefit and Fiji); low levels of education (Madagascar, Ghana, from common-resource land, which sometimes depends Laos, and DRC); as well as heavy involvement in the in- on geographic location, rather than marital status. In the Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 18 Section V Synthesis of Common Threads Across All Case Studies case of land managed at the household level, women of- moves to her husband’s ancestral land, she thus would ten have fewer rights to land than men (completeness), not have secure rights to the land where she lives. If the because the land document is in the name of the head marriage breaks down—through death, divorce, abandon- of the household only; thus, he has more rights of control ment, or even polygamy, a woman living on her husband’s and benefit from the land, and/or because social norms land will most likely lose her rights to that land, thus limiting dictate that men have more management, control, and the duration of her right. ownership-like rights over household land than women do. In other contexts, the limited community of property regime Furthermore, marital status has an impact on the duration can be positive for women. Where the underlying lineage of land rights because a change in marital status usual- system is matrilineal, women’s inherited land would be her ly means a change in rights to household land for wom- separate property, possibly making men vulnerable. In the en. Death, divorce, and polygamy can influence whether case of bilineal systems (in which inheritance follows both women are able to stay in their home and/or continue to maternal and paternal lineages), both men and women use household land. would have separate property. Therefore, understanding the law and customary context is critical in these settings Finally, marital status influences the robustness of wom- so that women do not lose the rights that they otherwise en’s rights to land. Social norms may restrict women’s abil- would have through a titling and registration program. For ity to claim a right to land, receive related information, or example, generally in Indonesian and Malagasy communi- participate in household decision-making. ties, land owned by women or men should be titled in their name only, rather than jointly titled with their spouse or In this section covering land managed at the household titled in the name of the male head of household, because level, three common threads have been found across the many of the ethnic community and IP groups are matrilin- country studies. eal and matrilocal. 1. Common Thread: Most often, default commu- While limited community property is a common marital nity property regimes exclude inherited or gift- property regime, there are significant similarities and vari- ed land and property. ations impacting women’s property rights across the differ- ent countries, with important ramifications for the women. The most common intervention for securing individualized land is land titling and registration, and in most cases, For example, in Ghana, where patrilineal inheritance is gender equity considerations are handled by mandating or common, women have some protection in that a widow encouraging the joint titling of marital property. However, has a right (under the 1985 Intestate Succession Act) to this can be complicated by underlying laws and customs retain the house and certain personal property for her life- governing marital property, if they are unknown and unac- time upon the death of her husband. In Guatemala, within counted for in the titling process. the marriage, the profits or gains from individual properties belong to the individuals who own them. However, women The marital property regimes in many of the countries may still be in a disadvantageous situation, if the house- reviewed are based on European laws, which stipulate hold’s livelihood is attached to the land held only by the limited community of property in marriage. This means male head of household. In Costa Rica, the default marital that the only property both spouses have equal rights to property regime, which includes cohabitating couples, the is the property acquired during the marriage, not property family home cannot be mortgaged or sold while there are brought to the marriage by either spouse. Moreover, prop- minor children, without the written consent of both spous- erty inherited by or gifted to one spouse, even after mar- es, no matter who owns the house. riage, belongs to that spouse alone.7 Such a situation cre- ates an obstacle for economically disadvantaged women By contrast, in Côte d’Ivoire, the provisions protecting mar- in patrilineal and patrilocal systems: as a woman typically ital property acquired together do not apply to customary, 7 Here, the term, “property”, refers to land and property. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 19 Section V Synthesis of Common Threads Across All Case Studies 2. Common Thread: Land titling and registration is a bureaucratic process, and thus more likely to be handled by men, which may hinder wom- en’s ability to have documented rights to land. The goal of land titling projects is to record rights to land, not to create rights to land. However, the process of iden- Photo credit: Resource Equity tifying rights holders is not always gender inclusive. In all 17 countries, men are the public face of the family, while women are responsible for the household. This social norm affects how, when, and what information women can obtain. Women, who are less likely to frequent public buildings and public spaces, including offices to acquire a government identification card or a land title, are concomi- tantly less likely to be comfortable with navigating bureau- religious, or polygamous marriages (28 percent of women cratic processes. In fact, they may also believe that doing are in polygamous relationships). Moreover, the customs so belongs to the proper role of men. This thus reflects the in Côte d’Ivoire overwhelmingly exclude women from in- likelihood that women are not aware of the importance or heritance rights. Likewise, in the Dominican Republic, impact of titling, and thus, they may not see the need to where most land is privately held, the default community assert their rights under the custom or law. They are also of property regime only applies to couples who are formal- less likely to have proof of their birth or marriage than men. ly married (approximately 14 percent of the population), In contrast, men are more likely to engage with systemat- thus limiting the applicability of the marital property law. ic titling programs than their female counterparts. At the Nonetheless, land allocated to landless peasants as part same time, those charged with registering land rights, who of the agrarian reform is jointly titled to women and men, are also subject to the same gendered social norms, may regardless of their civil status. not see the value in including women or may even actively turn women away. With Chile’s default marital property regime, all the assets of the community—assets brought in, acquired through in- There are several ongoing issues with land titling programs heritance or gift, and purchased during the marriage—are in the FCPF countries studied. They are especially perti- placed into marital property. Nonetheless, the husband still nent where the criteria for ERP benefit sharing is based on has the authority to administer all the property of the fami- proving land ownership. ly, including the individual property of his wife. Similarly, in the DRC, the husband is the head of the household, and In Guatemala, where cultural norms dictate that only men regardless of the property regime selected at the time of own land, titles issued to married couples for land acquired marriage, the husband has the authority to make decisions during their marriage should be joint titles by law. But wom- on all common property, leaving women at risk of being en have not been named on titles in many cases, because denied their right to the property. they lack the necessary identification papers. In West Kalimantan, Indonesia, the process of formalizing customary tenure through titling has enabled men to ac- cumulate land for plantations at the expense of women. Even though for most Indigenous groups, both women and men inherit and own land under customary law, only men’s names are listed on titles, even when the land belongs to their wives. In Madagascar, even though both men and women inherit land, most of the land titles are issued in the name of the male household member. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 20 Section V Synthesis of Common Threads Across All Case Studies Photo credit: Icaro Cooke Vieira/CIFOR 3. In Laos, the former Land Law (2003) stipulated that for Common Thread: Many Indigenous communi- marital property, both the names of the husband and the ties are matrilineal and matrilocal, which has wife must be included in the Land Register Book. This le- a significant impact on women’s situation in gal provision, along with outreach campaigns, has been those communities, although it is not com- correlated with high numbers of women being named on monly taken into account in project design; land titles. However, the current 2019 Land Law omits the and thus, women do not receive the informa- requirement for mandatory joint titling; in fact, it is silent on tion and training they need to fully participate how the marital property of spouses should be registered, in the process and claim their rights. thus creating room for social norms that place men as the household representative and promote the idea that a good A project may mistake the gendered roles related to the woman is subservient to her husband to displace women’s public and private spheres with male dominance in deci- legally guaranteed rights to land when land is registered. sion-making and land rights, because men come to land registration offices and community meetings. But in many IP In Vietnam, according to the Land Law, when a land parcel and local community groups, women inherit land and con- is used by several people, or when the houses or land-at- trol the use and management of that land. The assumption tached assets are owned by several owners, the names of that men, as the head of the household, should have their all persons must be recorded on the certificate and each name on a land title is detrimental to women, who custom- person is granted a copy of the certificate. Even so, for 10 arily have individual rights to that land. In many countries, years, the certificates only had room for one name, usually by law, land that is inherited belongs to the heir and is not a male. This has since been changed, and both the names part of marital property. This provision applies to male and of men and women are commonly included on land certif- female heirs equally. In systematic registration programs, icates now. understanding the customary land system is critical to pro- tecting women’s rights, and in most cases, a gender analy- sis is required with follow-on information campaigns target- ed at women, as well as men and the broader community. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 21 Section V Synthesis of Common Threads Across All Case Studies Given the enormous influence that customary law has on The matrilineal tradition of the Dayak people in Indonesia land and property rights for both women and men, the land places women in an advantageous position. In the Bahau sector could benefit from a better understanding of the subgroup, men generally follow the customs of their wives customs and norms of Indigenous and local communities, and move to their wives’ homes. Women have their own in relation to marriage, death, and land. inheritance rights. If the husband dies, land rights fall to his wife; if the wife dies, the rights will return to the wife’s The two largest IP groups in Costa Rica are the Bribrí family or to their children, or to someone else as a result of and Cabécar. Both are matrilineal and matrilocal, with a a customary agreement. Domestic violence is strictly pro- tendency to follow traditional marriage customs. The hus- hibited, and fines are levied against offenders. In much of band comes to live with the bride’s parents for some time. Indonesia, Indigenous customary law is favorable to wom- Extended households, with people related through the fe- en, and gender is seen as less significant than other social male line, are common. Women’s possessions are usually factors like age, marital status, and sibling birth order. passed on to daughters or uterine nieces, while men’s pos- sessions are passed to sons and uterine nephews. Wom- Similarly, in Madagascar, women, who inherit land from en inherit from mothers and men inherit from their mothers’ their natal family in all three ethnic groups in the ERP area, brothers in the traditional systems, but it is becoming more regardless of the differences in their traditional practices, common for men to leave property to their children and in terms of marriage and land, are in a socioeconomically not to their sisters’ children. As a result of this matrilineal strong position. Frequently, a man will send his son to cul- and matrilocal system, with men inheriting possessions as tivate land that his wife has inherited. Even more frequent well, the land tenure gap between women and men in Cos- are the cases where a man sends one or more of his sons ta Rica’s 24 Indigenous Territories is much smaller than to his mother’s village to continue to cultivate land that she for non-Indigenous territories. Likewise, in the Republic of has inherited, especially if it is good land. Congo, many ethnic groups follow the matrilineal system: men and women access family land through maternal un- The different ethnic groups in Laos are either based on cles and uncle-to-nephew inheritance patterns. matrilineal/patrilineal or bilineal systems. The largest groups, falling within the Lao-Tai Ethnos Linguistic Group, In Chile, women in Indigenous communities have tradition- are matrilineal. Under the custom of the matrilocal ethnic ally had a voice in the use of the land. Among the Mapuche groups, residence is typically linked to matrilineal inher- Indigenous communities, historically, women are largely itance, where the land and property are inherited by the responsible for passing along information on traditional daughters. Matrilocal residence patterns or bilineal resi- agricultural practices along with planting and harvesting dence and inheritance patterns create powerful econom- schedules, which are embraced by the communities. While ic, religious, and public roles for women, enabling them to they may not have control over land and forest use, they play greater roles in the economic and political realms and have a voice within the community on land use practices. participate more in public decision-making than women in patrilocal or patrilineal systems. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 22 Section V Synthesis of Common Threads Across All Case Studies COLLECTIVE/COMMON LAND AND RESOURCE RIGHTS Photo credit: Axel Fassio/CIFOR • Does the legal framework for collectively held, common, or Indigenous lands intentionally con- sider gender differences? What is the impact of this intentional or unintentional framework? • What are the key gendered norms influencing women’s empowerment, agency, and inclusion, at the household and community levels? 1. Common land and resource tenure systems are based on Common Thread: Customary, Indigenous, or the rights of the collective or the group. Typically, in these collective rights may be established in law, tenure systems, the authority to alienate and allocate but the procedures for gaining recognition lands is limited to a single representative, leader, or group are cumbersome, and gender equity is not a of representatives established by birth, appointment, or priority. election. The rules for how the common resource is used are established by the group or its representatives. This is The transfer of land and autonomy from the state to IPs common for forestland, but it can also apply to other types or local communities requires an administrative process, of land. In some jurisdictions, the state’s rights over col- which can be complex. In most of the laws reviewed that lectively held forestland are reverting to local community are related to the transfer process, women are not man- rights. For example, many, though not all, countries stud- dated to participate, and in most cases, there is no refer- ied in Latin America have legally recognized the IPs’ rights ence to gender. There does seem to be overall resistance to their traditional territories and their right to self-govern. to advocating for indigenous rights and gender rights si- multaneously by both men and women, which can be det- As collective land and resource rights are entwined with rimental to women, especially if customary rights are not community customs, there are significant differences in gender inclusive. Given the common situation that women the 17 countries regarding women’s land tenure rights. are usually not engaged in community meetings or admin- One constant, however, is that women are less involved istrative processes, it is easy to see that a gender-inclu- in land and resource management, governance, and deci- sive process would seem to add to the existing complexity, sion-making than men; women’s rights are less complete and in general, a recognition of community rights is con- than men’s rights because they are less able to manage sidered a greater good than the recognition of individual the resource, including improving it, and thus less able to rights. Thus, in many of the countries reviewed, gender dif- gain from the resource economically. This difference be- ferences are not addressed in the IP recognition process. tween the governance of collective resources by men and women is related in every case to gendered roles in public In Indonesia, the rules regarding Indigenous communi- and private life. The robustness of women’s rights to col- ties or adat communities owning and managing their own lective land can be limited by social norms that provide land require the recognition of a community or village as a men to be the ones attending community meetings and first step before they can become a legal subject entitled making community decisions. The different experiences to the land they claim. The recognition process is com- of women and men in collective tenure systems has the plicated and expensive, requiring intense lobbying and potential to significantly affect whether women will share in cumbersome assessments by research institutions. The the benefits of REDD+ activities targeted at the communi- requirements include the documentation of customary law, ty. Below are the four key findings related to collective or a map of the customary territories, and a description of the common-use land. community origin or the history of culture, language, and traditions that still exist. The nature of the procedure often leads to the dependency of rural communities on interme- diary institutions, especially NGOs, which may or may not be aware of how gendered social norms will influence the Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 23 Section V Synthesis of Common Threads Across All Case Studies process and may or may not have a commitment to gen- na Ifotony (VOI), which women may or may not join. VOIs der equity. The matrilineal/matrilocal custom, for example, provide a mechanism for individuals to participate in Pro- should be documented, but may not be, if the NGO is not tected Area governance. Any inhabitant residing within mindful of the importance of the custom to women. the limits of the territory of the base community can be a member, if she or he respects the operating rules of the Similarly, in the DRC, the process for local communities community and carries out the activities and objectives to gain concessions for their traditional forestland requires set by the VOI. Women often do not participate because external assistance, and generally, women’s voices are of the public-private divide in social norms. Yet field re- not prioritized. The Forest Code allows local communi- search indicates that husbands would support and encour- ties, by request, to obtain a forest concession for all, or age their wives’ participation, if their wives’ participation in some, of the forests that they would have traditional rights the VOI would increase household income. An awareness to own. It also permits them to use the forests according campaign, targeting women and explaining the value of to local customs and traditions, including harvesting forest membership in the VOI for women and their families, could products, provided that the uses follow the law. However, overcome women’s resistance. Furthermore, working with communities seeking a community forest concession must local women leaders and local women’s services to com- complete a number of forms that are not available in local municate the importance of women’s participation in re- languages; they must also create an accurate map of the source governance may be effective. area for their proposed community forest and identify the individuals who have a customary claim over the land in In Côte d’Ivoire, the process of demarcating village territo- question. Once the communities are legally established, ries generally excludes women. This procedure takes into they must create a management plan for the area. Some account the history of the village territory, uses participa- of the efforts towards establishing these community for- tory mapping methods, and validates the results through ests— mostly supported by large NGOs because of ca- public meetings that bring together the inhabitants of the pacity limitations at the community level—have not placed targeted villages. Since these committees are responsible a sufficient emphasis on community participation and for identifying customary land rights in their village, they ownership of the mapping and planning process. Without hold considerable influence in the outcomes of the pro- community participation, most women and men will not cess. The certification process does not typically include participate in planning. Local NGOs have reported a low female representation in the committee and relies heavily level of participation among some marginalized groups in on the committee’s interpretation of who holds customary map and plan preparation, resulting in maps that may not land rights without reference to the gender-neutral succes- accurately represent the interests of women or men in a sion rights provided for under the Succession Law. One community, but rather those of local elites or the facilitating report found that nearly 40 percent of Village Land Tenure NGO agencies. Committees did not include a single female member, and a further 55 percent included just one or two females among In Madagascar, Community Forest Management (CFM) an average of 13 members. contracts are negotiated between the central government, the commune (local government), and local communities. In Ghana, CREMAs cover a geographically defined area CFM contracts are agreements between individuals from that includes one or more communities that have agreed the local community and the local administration. These to manage natural resources in a sustainable manner contracts are supposed to provide clear terms regarding (often by engaging in REDD+ activities). Institutionally, a the use of the resource and land tenure rights. Supported CREMA serves as a community-based organization that is by NGOs, the typical CFM contract requires the expertise built upon existing community decision-making structures, of an environmental mediator whose role is to ensure that with an executive body and a constitution that guides the the needs and objectives of all stakeholders involved in activities and regulations of the CREMA. Similarly, HIAs the negotiations are given equal weight. (organized on a larger territorial scale and home to a number of separate CREMAs) will be key entities during The negotiation process is accompanied with the creation ERP implementation. Both HIAs and CREMAs will oper- of a local natural resource community group, Vondron’Olo- ate pursuant to land use plans precluding illegal land use Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 24 Section V Synthesis of Common Threads Across All Case Studies Photo credit: Icaro Cooke Vieira/CIFOR practices; this will result in the establishment of local rules communities, in many cases, changing community pro- outlawing activities related to illegal logging, mining, and/ cesses. However, recent amendments suggest that for- or bush fires. With the adoption of related land use plans, est-dependent communities may be allocated forestland. HIAs and CREMAs will receive certificates of devolution In so doing, the state obliges the community rules to be from GoG that authorize the community-based manage- in compliance with Vietnam’s laws, which include commit- ment of the natural resources. ments to gender equity. It appears that Ghana’s forest laws and regulations do not With its Forest Law, Vietnam provides that the State can refer to women within the context of forest resources, the allocate forestland to ethnic minorities and communities rights to those resources, or the use or management of whose incomes are derived mainly from forests or forest trees, timber, or non-timber forest resources. Similarly, in agriculture. The State also facilitates forest protection and the proposed or enacted laws that mention HIAs, CRE- development with forest owners as well as benefit sharing MAs, or community rights to land or natural resources, no arising from forests, along with raising awareness on good mention is made of how women might participate in es- practices for forest resource use that complies with gov- tablishing or governing community groups or associations ernment regulations. In addition, the Forest Law also offers used to manage forest resources. some guidance as to how forest rights should be allocated: (1) include the participation of local people; (2) safeguard However, Vietnam, Costa Rica, and Mozambique do have against discrimination, based on religion, belief, and gen- legal provisions related to women’s engagement in the der; (3) respect the living space and customs of communi- process of recognizing Indigenous or collective rights to ties; (4) give priority to ethnic minority people, households, land and forests. The legal provisions of each country are and communities with traditional customs, culture, or be- discussed below. liefs associated with the forest; and (5) ensure that the local community rules in compliance with laws. It is important to point out that Vietnam’s legal system does not recognize customary law; in fact, ethnic communities In Costa Rica, Indigenous communities hold ownership have an ambiguous legal status. The Doi Moi Policy, shift- rights to land, forests, and all other natural resources, de- ing the country to a socialist-oriented market economy, pending on the customary rules of the community. The reg- has had an adverse impact on traditional and socialist ulations for the Indigenous Law give the presidents of the Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 25 Section V Synthesis of Common Threads Across All Case Studies 2. Integral Development Association8 (ADI) the competence Common Thread: Women may not automatical- to receive registered land titles to their reserves made out ly be considered a community “member”, but to the respective Indigenous communities. The Indigenous membership can be a prerequisite for partici- Law is silent on matters of gender. However, in 2018, Cos- pating in community governance and sharing ta Rica enacted the General Mechanism for Consultations in benefits. with Indigenous Peoples Decree: it affirms the principles of Free Prior and Informed Consent (FPIC) and makes Women may be left out of ERP activities and benefit shar- them mandatory for all State and private development ing, if they do not fit the criteria of being a member of the projects. When FPIC is in play, the decree provides that beneficiary group. Also, to the extent that benefits are dis- the equal, effective, and active participation of Indigenous tributed to the community as a whole, if women are not women must be guaranteed in all phases of consultation members of the community, they are not included in mak- and representative decision-making, and that there must ing decisions about how those benefits are used. be at least 50 percent Indigenous women appointed in the formation of Indigenous territorial entities. In Ghana, the law does not address who is considered a community member. Ghana’s new land law provides that Mozambique’s law specifically states that both men and communities can “set aside or recognize one or more ar- women should be included in the process of transferring eas of land within a community for common use by the land from the state to a local community or group of IP. members of that community.” The community land can be Upon application, a formalized title can be issued to a lo- used for agriculture, forest activities, or other activities in cal community in the name of that community (which is accordance with customary law and a management plan determined by the community). The steps required to de- prepared by the community. The new law’s provisions on limit the extent of a community land right include (1) infor- the community registration of the land are skeletal in their mation dissemination; (2) a participatory appraisal; (3) the treatment of how a community group is formed, how it preparation of a delimitation sketch and descriptive report; should be governed, and who should be permitted to con- (4) the solicitation of feedback and revisions; and (5) the sider themselves a member of the community. entry of the delimitation into the National Land Cadaster. The process requires that a working group from the local If women have to opt in to be considered community mem- community, consisting of men and women with different bers, as they do in Madagascar, they may not understand socioeconomic and age characteristics, assist with the de- the value of their community membership and only know of limitation process. the additional burden. In Madagascar, community groups (VOIs) do not necessarily correspond to a geographic area However, the regulations are not specific about the num- or family group, and membership in the community is vol- ber of women, the variations in age, or the socioeconomic untary. Although women are eligible, they often choose not characteristics to be included from the local community. to become a member because of illiteracy and a lack of They are also not precise about the gender composition of education; household responsibilities and a lack of time the elected group of community representatives, although to participate in activities outside the home; as well as a the provided forms anticipate women to be included as sig- limited understanding of the value of being considered a natories. While the legal requirement for an intersectional member. Yet, regulations state that only VOI members can group is very progressive, the lack of detail as to the bal- participate in forest governance at the community level. ance of women and men, and how members are chosen, leaves open the possibility for the law to be ignored or its In Mexico, the definition of community membership is too impact minimized. A quota and a way to measure whether narrow to include women. Mexican law allows only one the legal requirements are being followed could help with person per family to be a member of the ejido, and only ensuring implementation of the legal requirements. ejido members are able to govern the forests. If there is a male family member, he will be the ejido member. Widows can inherit the membership only when their husbands die; 8 Integrated Development Associations (ADI) are the representative entities under which Indigenous reserves are formalized and registered in the National Registry. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 26 Section V Synthesis of Common Threads Across All Case Studies otherwise, women do not have the opportunity to be con- Based on the studies, there are several countries where sidered a member. women are involved significantly in forest-related work. However, they are still excluded from the decision-making Similarly, in the DRC, members of clans are considered processes. Specifically, in Nicaragua, women work in for- customary landowners, and customary landowners are ests and are heavily invested in the outcomes of decisions believed to be direct descendants of the male founder of made regarding forest management, yet they are not in- the clan, who established territorial rights through first oc- cluded in the decision-making processes. Their activities cupation. Women are not considered members: they may in the forest are seen as satisfying household subsistence use the forests based on marriage or patronage relation- needs, and therefore, not recognized or valued. The com- ships, but they can exert no authority or decision-making munity authorities who make decisions regarding forest power over forest land and resources. management are mostly men, with women discouraged from even participating in community meetings. Similarly, Likewise, married women are excluded from the benefits even though women in the four regions of the ERP ac- that accrue to community members in Fiji because they are counting area in Madagascar are engaged in 59–71 per- not considered members of their husbands’ community. cent of household decisions, they only participate in 0.9–20 Within the formal framework for land in Fiji, members of the percent of community decisions. Meanwhile, women in the mataqali (the customary landowning group) are registered DRC are only allowed to be involved in forest-related deci- in the vola ni kawa bula (VKB). Women and men are sup- sions for forest land that has been allocated for household posed to get registered in the VKB at birth, upon the produc- use. They get to decide where and when to cultivate as well tion of a birth certificate and the validation that neither the as what crops to plant in the different fields. In Costa Rica, mother nor father has registered twice. VKB members have Indigenous women, who are engaged in forest conserva- legal rights to the ownership of customary land and receive tion, also speak out about gender inequality. The interviews royalties/benefits from owning land, but this is linked to their suggest that Indigenous authorities are very male-domi- membership in a mataqali, whose land is the basis for the nated and forest management replicates non-Indigenous royalty payment/benefit sharing. According to the ERP’s norms and structures, which are also male dominated. Strategic Environmental and Social Assessment (SESA) and GAP, women have the legal right to royalty payments In the case of other countries, prevalent cultural norms of- from their villages of birth. Although women are considered ten leave little space for the involvement of women. For members of their birth community, as adults, they contrib- instance, in Chile, the forestry sector is considered ma- ute to their husband’s community, not their birth community. chismo; therefore, there has traditionally been very little Because women move to their husband’s village when they involvement of women, with women being granted lit- marry, they are unlikely to be members of the landowning tle say in the management of the forests. In Fiji, women mataqali in the village in which they live, thereby limiting lack power and authority to speak on land matters in their their ability to gain community benefits. households and their communities, because it is consid- ered “men’s business.” In Laos, even though women want 3. Common Thread: Women are rarely mean- to be involved in decision-making over the use and man- ingfully involved in management and deci- agement of forests, none of the ethnic groups has a tra- sion-making on forest land. dition or a contemporary practice of including women as decision-makers. Ethnic groups generally allocate power Women are consistently excluded from forest manage- and decision-making through either a clan-based system ment and decision-making—whether by state institutions or a council of elders. In both situations, it is typically men or local/Indigenous communities. In all of the countries who participate in the discussion and take decisions. reviewed, women are rarely included in governance and decision-making; moreover, their participation is typically Even in countries where there are precise government limited to the project level only. This is largely driven by the guidelines to ensure gender representation, men can still pervasive social norm that men are the public representa- end up dominating almost all key forest management-re- tive of the family, along with the general misunderstanding lated decision-making processes. In Nepal, government that forest-related work is the domain of men. guidelines exist for community forest-user groups to have Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 27 Section V Synthesis of Common Threads Across All Case Studies 4. one male and one female from each household as a mem- Common Thread: Smaller community forest ber. Furthermore, 50 percent of executive positions must user groups may provide an opportunity for be held by women, with either the chairperson or the sec- women to overcome barriers to participation in retary required to be a woman. In practice, it is common for forest management. only a handful of women to be called on repeatedly to play those executive roles, and even then, males tend to dom- While women are rarely decision-makers or participants inate the most important decisions. They make all the pri- in community forest management, smaller forest man- mary forest management-related decisions, including the agement groups may provide an opportunity for increas- time for planting, weeding, harvesting, making fire lines, ing women’s participation and decision-making. The case planning, developing Community Forest User Groups’ studies found that where groups were smaller and were (CFUGs) by-laws, as well as determining and distributing formed to manage a portion of the larger community for- budgets. Even in women-only CFUGs, most decisions are est, women’s voice and participation increased. The less influenced or made by their male advisors. public a group, the more likely women are to meaningfully participate. What is of note, within the context of Nepal, is that wom- en-only forest groups are still subject to the influence of Although the State continues to own most of the forest men and work best when the women are supported in their land, the Government of Indonesia launched the SF Pro- participation by male household members. In cases where gram in 2015 to reduce inequality by ensuring the avail- women leaders on forest committees bring home resourc- ability of land for members of local communities, including es in the form of cash, new networks, or information that adat communities. Community Forest Utilization Permits results in political or economic improvement, husbands are issued to local communities as Village Forests, Com- and family members are supportive of women’s participa- munity Forests, Community Forest Plantations, and adat tion and take on more household tasks that those women forests. Forest Farmer Groups, with at least 15 members, would otherwise be responsible for. can be formed and apply for Community Forest Utiliza- tion Permits. There are several all-women Forest Farmer Another country that has sought to support the involve- Groups in East Kalimantan who have received permits. ment of women in the decision-making process is Ghana. Specifically, Ghana’s National REDD+ Secretariat created In Nepal, community forest user groups create opportu- the ERP’s Feedback and Grievance Redress Mechanism nities for women to gain income. The Forest Act does not (FGRM) in order to make the consultation and resulting provide any requirements regarding the gender composi- complaint process as gender sensitive as possible. The tion of a user group, nor does it mandate gender-equitable existence of the FGRM is a promising institutional re- processes for how those groups are formed and governed. sponse to address concerns that women’s interests may However, community forest user groups’ work plans and be left out of male-dominated decision-making. expenditures must be approved by the District Forest Of- fice. According to the Forest Act, the user groups must The meaningful involvement of women in the forest man- spend 25 percent of their annual income earned on forest agement-related decision-making process is clearly an protection and management and 25 percent on poverty al- area that needs attention in REDD+ projects. Activities de- leviation, women’s empowerment, and entrepreneurship. signed to communicate the value of women’s participation Failure to comply with the work plan or the provisions of in forest management to entire communities—both men the Forest Act may result in the State taking back the man- and women—will be critical for the change. Other options agement of the forest from the community. include quotas, along with awareness-raising and sensiti- zation activities, or increasing the value of women’s par- ticipation to men by improving women’s livelihood options related to forest management. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 28 Section V Synthesis of Common Threads Across All Case Studies B. REDD+ CONTEXTUAL ISSUES What are the specific contextual issues in the country that have a positive impact on gender equity in REDD+ programming? Two contextual issues that appear to create space for Photo credit: Axel Fassio/CIFOR women’s engagement in REDD+ and resource manage- ment are (1) the development of a GAAP and (2) the in- volvement of a women-focused government or CSOs in REDD+ projects. 1. Development of a Gender Analysis and Action Plan (GAAP) Costa Rica was one of the first countries to make a com- der inequalities and found that the direct and indirect caus- mitment to the issue of gender and started to integrate a es of deforestation and forest degradation overlap with gender approach into the REDD+ readiness phase as far poverty and tradition, and that women and men face differ- back as 2011. The REDD+ Secretariat recognized that ent risks associated with climate change. More specifical- working with a gender approach not only entails mention- ly, the study has identified six causes of deforestation and ing the issue as a priority or principle, but identifying rele- their relationship to gender differences: vant gender considerations and proposing specific actions to promote gender equality in the implementation of the 1. The conversion of forests into agricultural land (tavy) National REDD+ Strategy. Social policies have a major im- is linked to access to land, from which mainly men pact on environmental policies, especially considering that benefit. legislation passed in the 1990s in Costa Rica, such as the 2. Rural Malagasy have the right to cultivate land, and Organic Law on the Environment and the Forestry Law, must cultivate it so that they can own it. contained no provisions for integrating gender. In contrast, 3. Livestock, which often generate bush fires, are a sign the policies and plans proposed over the last decade do of wealth for men in certain regions, while women tend include gender considerations and recognize the impor- to raise poultry, which is unrelated to the use of the tance of a gender-based approach when carrying out ac- forest. tivities for the conservation and sustainable management 4. The production of charcoal, which is increasing from of natural resources. This trend can be seen in the policies year to year and is part of a subsistence economy, is related to the environment, forests, and climate change, difficult to regulate. Men cut the trees and prepare the which have evolved from being gender-neutral to gen- oven, while women market the charcoal, but they do der-sensitive or gender-responsive. not always share in the income. 5. Women mainly collect products in the forests for fuel While the Madagascar ERPD does not include a focus on (firewood), food, and medicine. The decline or disap- gender, a National REDD+ GAP was submitted, validated pearance of housing materials in the forest, which men at a National Workshop, and subsequently amended to in- collect, will jeopardize the well-being and quality of life corporate recommendations for improvement from stake- of these women and their families. holders. Its GAP follows a study based on a consultation 6. The illegal trade in precious woods mainly benefits with stakeholders at the macro- and meso-levels, as well men, who very quickly squander the income they as field interviews carried out in eight rural communes in receive.  four regions. The study confirmed the prevalence of gen- Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 29 Section V Synthesis of Common Threads Across All Case Studies Given gender roles and obligations, four key principles The Gender Analysis and Action Plan (GAAP) in Ghana’s formed the foundation of the Madagascar GAP: ERP contains interventions aimed at the national and lo- cal institutional levels, as well as at the landscape/local/ 1. Consideration and optimization of the interdepen- household levels. However, the implementation of the dence of the three pillars of sustainable development granular actions recommended under its GAAP has been (the environmental, social, and economic dimensions limited, partially due to a lack of gender mainstreaming of development); expertise and capacity at the local level. Both the ERPD 2. Inclusion and participation of all stakeholders in all and GAAP have highlighted the difficulties facing women challenges, especially women, but also men, young because of customary land and resource regimes. people, the elderly, the disabled, and children; 3. Consideration of property rights and the rights over Furthermore, a strong gender analysis can help extend women’s resources in order to correct myths and benefits from ERP to women who do not fit the criteria for misperceptions as well as help women have agency land ownership. Benefits in the Costa Rica BSP are linked and evolve economically and socially; along with to proof of ownership (for private owners and Indigenous 4. Equitable participation of women and men in deci- owners); in the case of those on private land, those without sion-making and the distribution of REDD+ carbon titles are not eligible. To address the possibility that wom- benefits. en could be excluded, the BSP has incorporated a Sus- tainable Development Fund that aims to promote financial The GAP states that women’s “inclusion in the manage- benefits that can be shared by women and men equally. ment models of the REDD+ mechanism cannot be an The fund takes into consideration gaps in women’s land option but an imperative, not because women are ‘more tenure and the characteristics of women-owned farms so vulnerable’, but because they have experience and knowl- that women can benefit individually or in groups. Also, a edge of forests, as well as perspectives for the protection new national initiative called +Mujueres+Natura has been of the environment to be shared.” formed to ensure that women can participate in ER activ- ities and share in the resulting ER benefits. The initiative For both Costa Rica and Madagascar, the GAP is a clear, also gives priority access to women in Payment for Envi- thoughtful, and validated road map for gender inclusion. ronmental Services programs and makes the criteria for However, the GAPs lack funding—this should be a starting involvement independent of having a land title. place for gender inclusion in REDD+ programming. On the other hand, the case from Guatemala shows that In Nepal, a detailed gender analysis was conducted by an inclusive gender analysis and planning, as was done in the international NGO that informed very specific program- development of the Guatemalan Roadmap for gender and matic responses in the ERP related to gender equity. For REDD, cannot go far in meeting its objectives, if the mo- example, the study identified extension services targeting mentum to support it through funding, agency commitment women and women’s interests, called for government ser- and accountability, and expertise is lacking. vice providers to be trained on inclusive leadership, and recommended empowering women from marginalized groups to become renewable energy service providers within an ERP component that expanded biogas for cook- stoves to stave off deforestation related to collection of firewood. The depth of understanding of the experiences of differently situated women in the different forest gover- nance areas helped to ensure that the recommendations made were concrete and integrated into the ERP design from the beginning. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 30 Section V Synthesis of Common Threads Across All Case Studies 2. Involvement of women-focused government or civil society organizations in REDD+ projects There are several examples of women’s organizations as an entry point for gender inclusion in REDD+ program- Photo credit: Aulia Erlangga/CIFOR ming. In Madagascar, the GAP suggests supporting and working through local NGOs and CSOs that are focused on women’s rights, because existing women’s organiza- tions understand the issues that affect women, and gener- ally have female leadership. Importantly, they also work in rural communities. Locating CSOs in remote villages and supporting them might be beneficial to the project as well as the women who are community members. Indonesia has an existing gender infrastructure to support It is important to point out that even strong women’s orga- efforts at gender inclusion. Informal and formal women’s nizations may need support when the issue being tackled institutions at the village level are commonly found in ru- is land and resource rights for women. Feminist move- ral areas. The most well-established institution that can be ments in Latin America, formed to demand equal rights found in every village is PKK, usually led by the wife of the and opportunities, have led to the creation of women’s of- village head. Many PKK members use this institution to fices in national government. Yet, Chile, Guatemala, and promote sustainable local economic development through Mexico have all started by requiring land ownership as a establishing women’s cooperatives, improving women’s criterion for receiving monetary benefits from REDD+ pro- skills to manage home gardens for fulfilling family nutri- gramming, which in most cases, would exclude women. In tion, and planting traditional medicinal plants for alterna- Guatemala, individual beneficiaries must be landowners tive medicine. or landholders, and holders must present a certificate of possession certified by the municipal mayor. The ERPD Ghanaian women’s organizations exist both within state for Chile expects ERP participants and beneficiaries to be structures and civil society. Furthermore, several CSOs legal landowners. As such, a principal demand of women with broad gender-focused programmatic missions focus in rural areas—access to land and rights to land owner- on women’s land rights and livelihoods. The women-fo- ship—has not been met. cused organizations (both state-sponsored and CSOs) address a variety of women-related issues, including land As stated earlier, because the process of transferring land and natural resource uses and rights. On the private side, to communities is generally long and arduous, INGOs and there are both national women’s organizations and local NGOs are usually involved. One possibility for improving women-focused CSOs. There is a CSO, which is serving gender inclusion would be to work with these outside orga- as a network leader for Ghana’s CSO community: it is fo- nizations to raise awareness about the value of including cused on climate change and REDD+, along with their im- women, who are often the keepers of traditional knowl- pacts on women, men, and their communities. The KASA edge: they possess a deep knowledge of the land and re- Initiative was created in 2008 as a civil society platform, sources because they use its resources for cooking, med- through the support of several international NGOs. Today, icine, food, etc. A standard for NGO involvement might be KASA aims to ensure effective participation in responsible established, whereby the meaningful participation of both environmental and natural resource governance for mar- men and women is supported, when NGOs are involved in ginalized populations (including women). assisting with community or IP recognition of land rights. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 31 Section V Synthesis of Common Threads Across All Case Studies C. CHALLENGES AND RECOMMENDATIONS The chart below summarizes the findings of the deep-dive case studies (discussed above) and provides recommenda- tions. The challenges and recommendations have not been presented in parallel, because many of the recommendations will address more than one challenge. Table 3. Key Challenges and recommendations for women’s engagement in FCPF’ activities Potential External Factors Challenges Recommendations Gender norms related to In all IP and local communities in the • Address the barriers women face in access to information studied countries, men are the public engaging in community-level programs face of the family, while women bear by requiring that a GAAP be developed, the main responsibility for the house- funded, and implemented for REDD+ hold. These gendered norms have an programming. impact on women’s ability to obtain information as well as participate in It is very likely that, for women to receive community meetings and program- information, training, and support for com- matic processes that may otherwise munity governance, a specific and directed benefit them. effort must be made by individual projects: • Address women’s needs for target- ed information, training, and support, including providing separate forums for women at an accessible time and place, and take into account women’s level of education, mobility, and household roles. Gender norms related to In all study countries, women are not • Establish community forest-user groups public roles meaningfully involved in land and to provide a means for women to par- resource governance to the same ticipate in forest management. As a first extent as men because gender norms step, women are more likely to partici- promote men as the public face of the pate in women-only groups and groups family. that are a subset of the larger commu- nity, due to their lack of experience of speaking in public spaces. • Support women in creating and partic- ipating in resource governance groups in order to give them a greater voice. Training and gender sensitization for both men and women may be required. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 32 Section V Synthesis of Common Threads Across All Case Studies Potential External Factors Challenges Recommendations Laws, regulations, and gen- Many of the countries studied acknowl- • Negotiate a mechanism that allows der norms related to marital edge or recognize community or Indig- non-members to have a voice in land status enous collective rights in law, but most and resource governance, where com- of these laws are gender-neutral. Gen- munity membership is dependent on erally under customary law, married-in ancestral rights to land, which excludes women have the right to use the com- women who marry into the community, mon resources of the community, but as well as migrating families. may not have the right to participate • Advocate for community by-laws that in governance and decision-making, if allow for common-resource users to they are not from the same indigenous participate in resource governance. or ethnic group as their husband. • Amend laws and regulations related to Laws and regulations, as well Community membership (for the who can participate in collective land as gender norms, related to purposes of land and resource deci- governance and/or who can receive community membership sion-making) may be a requirement for REDD+ benefits, if they put women at a participation in community governance. disadvantage, according to the latter’s marital status. Laws and regulations re- Some ERPs require land ownership • Delink ancestral identity from resource quiring land ownership for as a criterion for receiving monetary governance, adopt quotas, and train REDD+ benefits benefits from REDD+ programming, women to participate fully. which will most likely disenfranchise many women, who are less likely to own land. Laws, regulations, and gen- Most often, default marital community • Protect widows’ rights by establishing le- der norms related to marital property regimes exclude inherited or gal rules requiring the permission of both property gifted land from community assets. spouses for the sale of the homestead and surrounding land, along with rules In the case where women move to that provide some of the value of the their husbands’ land at the time of mar- land to the spouse who is not the owner, riage, they may have no formal rights if that spouse adds value to the land. to control the use of the land or benefit from it. Laws and regulations related Women can lose customary rights to Many Indigenous communities are matri- to land titling inherited land, if their husbands, who lineal and matrilocal, or bilineal, which have the knowledge and capacity to can have a significant positive impact on participate in land administration, claim women’s situation in those communities. the right for themselves. This is espe- Often, customs change from community to cially true where land administrators community; yet, titling and registration pro- and project funders do not know the grams, for example, are implemented more underlying customary land system and broadly, at the state or national levels. the formal transfer of inherited land is • Design projects particular communities uncommon. in mind, or risk disenfranchising women whose customary rights to land may not have been captured. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 33 Section V Synthesis of Common Threads Across All Case Studies Photo credit: Axel Fassio/CIFOR Potential External Factors Challenges Recommendations REDD+ activities Some of the country ERPs call for • Support and recognize women in current REDD+ activities that would threaten or alternative livelihoods in ways that are or undermine women’s existing live- sustainable and translatable into im- lihoods. This has the potential to proved household income and well-be- disempower women within households ing, which can improve women’s status and communities, and may leave them in their household and community. without productive livelihoods. • Effective ways to provide this support include the following actions: » Strengthen local women’s organi- zations’ ability to provide livelihood options; » Form inclusive women’s groups where none exist and ensure that disadvan- taged women can participate; and » Provide sustained support for alterna- tive livelihoods over the long term. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 34 Section V Synthesis of Common Threads Across All Case Studies SECTION VI Tools, Interventions, and Approaches to Strengthen Women’s Land and Forest Tenure The report points to what the research shows, in terms of what can be done for more gender inclusion in REDD+ programming, but not necessarily how. There are many good tools that can be used, alone or in combination, to help with the “how”. This list is, in no way, a complete list, but it provides a starting place for responding to the rec- ommendations discussed in the tables. Recommendation: Address the barriers women face in engaging in community-level programs by requiring that a GAAP be developed, funded, and implemented for REDD+ programming. TOOLS/APPROACHES • Forest Tenure Pathways to Gender Equality: A Practitioners Guide9 provides a good overview of how to identify and address barriers to gender equality in the forestry sector. This guide includes some case studies. • Though focused on European Union countries, this Handbook on Gender Budget- ing10 provides detailed guidance on how to conduct gender-based assessment of budgets, incorporate a gender perspective at all levels of the budgetary process, and restructure revenues and expenditures to promote gender equality. Another related resource is the Manual for Training on Gender Responsive Budgeting:11 it details how to adopt gender-responsive budgeting as a tool to monitor state poverty reduction strategies. 9 Nayana Jhaveri, 2020, Forest Tenure Pathways to Gender Equality: A Practitioner’s Guide, edited by Iliana Monterroso and Anne M. Larson, Bogor Barat: Center for International Forestry Research (CIFOR), https://www.cifor.org/publications/pdf_files/Books/Gender_Equality.pdf. 10 Sheila Quinn, 2009, Gender Budgeting: Practical Implementation, Strasbourg: Directorate General of Human Rights and Legal Affairs, Council of Europe, April 2009, https://rm.coe.int/1680599885. 11 Katrin Schneider, 2006, Manual for Training on Gender Responsive Budgeting, Bonn: Deutsche Ge- sellschaft für Technische Zusammenarbeit, https://www.ndi.org/sites/default/files/Manual%20for%20 Training%20on%20 Gender%20Responsive%20Budgeting.pdf Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 35 Section VI Tools, Interventions, and Approaches to Strengthen Women’s Land and Forest Tenure Recommendation: Recommendation: Establish community forest-user groups to provide a Advocate for community by-laws that allow for com- means for women to participate in forest management. mon resource-users to participate in resource gov- ernance, even if they are not considered community TOOLS/APPROACHES members under customary law. Decouple ancestral identity from resource governance, recognizing that all • The Adaptive Collaborative Management Approach users of the resource bring knowledge and strengths is a proven approach for addressing gender equity to the table. in natural resource management and governance.12 This approach has been tested in several settings in TOOLS/APPROACHES Asia, Africa, and Latin America. The references pro- vide directions for practitioners who want to strengthen • Derive lessons and good practices from case study gender equity and the inclusiveness of marginalized examples of benefit sharing that is not limited to land groups in community forestry and other communi- ownership so that both women and men have an equal ty-based activities. opportunity to benefit. Examples include a case study • “Gender and Natural Resource Governance Indica- on gender-responsive benefit sharing from mining in tors: A Need to Assess and Address ‘Sensitive and Papua New Guinea14 that addresses delinking royalty Taboo’ Topics” provides simple assessment indicators payment distribution from land ownership and a case that can be adapted and used to assess the strength of study from Kyrgyzstan covering participation in pas- women’s engagement in natural resource governance ture management committees that is based on resi- and benefit from it. These indicators focus on (1) gen- dence rather than ownership.15 der and governance/forest management, (2) a combi- • The document, “Social Norms Change at Scale: CUSPs nation of production and other more sensitive issues Collective Insights,”16 summarizes five case studies central to women’s lives, along with (3) intra-house- of interventions that have changed social norms and hold decision-making.13 also synthesizes lessons learned from taking those in- terventions to scale. The case studies all make use of evidence-informed interventions that have been used by different institutions and entities around the world. Programs that do not address harmful norms may in- advertently reinforce them, or may simply be ineffective at challenging and shifting them. The “Social Norms Design Checklist”17 can be used to support both pro- gram design and the ongoing implementation of social norms-shifting interventions. This checklist provides 12 Concepta Mukasa, Alice Tibazalika, Esther Mwangi, Abwoli Banana, and Kristen Evans, 2016, Adaptive Collaborative Management: A Simplified Guide for Practitioners, Center for International Forestry Research (CIFOR), https://www.cifor.org/knowledge/publication/6339/; Kristen Evans, Anne Larson, Esther Mwangi, Peter Cronkleton, Tendayi Maravanyika, Xochilt Hernandez, Pilar Müller, Alejandro Pikitle, Roberto Marchena, Concepta Mukasa, Alice Tibazalika, and Abwoli Banana, 2014, Field Guide to Adaptive Collaborative Management and Improving Women’s Participation, Bogor: CIFOR, https://www.cifor.org/knowledge/publication/5085/. 13 Carol J. Pierce Colfer, Ramadhani Achdiawan, Hasantoha Adnan, E. Erni, Linda Yuliani, Balang, and LepMil, 2013, “Gender and Natural Re- source Governance Indicators: A Need to Assess and Address ‘Sensitive and Taboo’ Topics.” Forests, Trees and Livelihoods 22 (3): 143–55. https://www.cifor.org/knowledge/publication/4181/. 14 Elisa Scalise, 2019, Papua New Guinea: Seeking Gender Equity in Distribution of Mining Benefits to Communities, November 2019, https://re- sourceequity.org/record/3137-papua-new-guinea-seeking-gender-equity-in-distribution-of-mining-benefits-to-communities/. 15 Elisa Scalise and Asyl Undeland, 2016, Kyrgyz Republic: Women and Community Pasture Management, August 2016, https://resourceequity.org/ record/2831-kyrgyz-republic-women-and-community-pasture-management/. 16 Community of Understanding Scale Up (CUSP), 2018, “Social Norms Change at Scale: CUSPSs Collective Insights,” available at https://rais- ingvoices.org/wp-content/uploads/2013/02/1.CUSP%E2%80%99s-Collective-Insights_interactive.FINAL_.pdf. 17 CARE, 2020, “Social Norms Design Checklist,” https://www.care.org/wp-content/uploads/2020/ 12/Social_Norms_Design_Checklist_crosslinked-1.pdf. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 36 Section VI Tools, Interventions, and Approaches to Strengthen Women’s Land and Forest Tenure Photo credit: Ollivier Girard/CIFOR examples of questions to ask while designing activities Recommendation: and how to fill in any gaps identified, as well as shows what norms-shifting interventions could look like in ac- Protect widows’ rights by establishing legal rules that tion. The checklist should be used after the program require the permission of both spouses for the sale has identified the harmful social norms that act as bar- of the homestead and surrounding land, as well as riers to positive behaviors and outcomes along with the rules that provide some of the value of the land to the context in which the norms operate; they can then be spouse who is not the owner, if that spouse adds val- measured using the Social Norms Exploration Tool.18 ue to the land. TOOLS/APPROACHES • The “Women’s Land Tenure Framework for Analysis: In- heritance”19 and the “Women’s Land Tenure Framework for Analysis: Land Rights”20 tools provide issue-spotting checklists that can be used when analyzing the legal or customary framework for women’s land rights. These tools can then be used to inform the design and delivery of programs in a way that addresses gender dynamics. 18 Institute for Reproductive Health, 2020, Social Norms Exploration Tool, https://www.alignplatform.org/ sites/default/files/2020-01/social_norms_exploration_tool_snet.pdf. 19 Renee Giovarelli and Elisa Scalise, 2013, “Women’s Land Tenure Framework for Analysis: Inheritance,” https://resourceequity.org/re- cord/1381-womens-land-tenure-framework-for-analysis-inheritance/. 20 Renee Giovarelli and Elisa Scalise, 2019, “Women’s Land Tenure Framework for Analysis: Land Rights,” https://resourceequity.org/record/1382- womens-land-tenure-framework-for-analysis-land-rights/. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 37 Section VI Tools, Interventions, and Approaches to Strengthen Women’s Land and Forest Tenure Photo credit: Geoff Livingston Recommendation: Recommendation: Projects must be designed with particular communi- Support and recognize women in current or alternative ties in mind or risk disenfranchising women, who have livelihoods in ways that are sustainable and translat- customary rights to land that may not be captured. able into improved household income and well-being. TOOLS/APPROACHES TOOLS/APPROACHES • Improving land tenure security for women: A starting • The Farmers Field and Business School23 approach with women approach21 is a step-by-step toolkit for a focuses on empowering women farmers to fully en- community-driven, adaptive, and pragmatic approach gage in equitable and sustainable agricultural systems. for improving women’s land tenure security. It is based Tested and evaluated in six countries, the approach on a holistic analysis of the tenure regime and the could be adapted for different livelihood interventions aspirations of both women and men in communities. in agroforestry. Finally, it details a step-by-step approach to reaching • Though focused on Melanesian countries only, this those aspirations by working with women as individu- toolkit24 provides important insights into how to adopt als, groups of women, and the community as a whole. a gender-transformative and contextually sensitive ap- • These land tenure and property rights assessment proach to ensure that economic development benefits tools22 provide a detailed framework and assessment all women and all men. methodology to develop a systems-level, gendered understanding of land tenure and property systems in a given context, and then offer insights into how the in- formation, gleaned from the assessment, can be used to inform programmatic sequencing, design, and deliv- ery. The tools were tested in several country settings. 21 Leslie Hannay and Elisa Scalise, 2013, Improving Land Tenure Security for Women: A Starting with Women Approach, https://resourceequity.org/ record/2739-improving-land-tenure-security-for-women-a-starting-with-women-approach/. 22 USAID, 2007, Land Tenure and Property Rights Assessment Tools, https://landwise.resourceequity.org/ documents/1769. 23 CARE, 2013, “Farmer Field and Business School: Innovation Brief,” https://www.care.org/wp-content/uploads/2020/07/AG-2013-Innovation-Path- ways-Innovation-Brief.pdf. 24 International Women’s Development Agency, 2020, Toolkit: How Will Economic Change Impact Gender Roles in Melanesia? https://iwda.org.au/ toolkit-how-will-economic-change-impact-gender-roles-in-melanesia/. Gender Equity in Land and Forest Tenure in REDD+ Programming: Synthesis Report 38 Section VI Tools, Interventions, and Approaches to Strengthen Women’s Land and Forest Tenure Bibliography Alonso-Fradejas, A. (2012). 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