Regulatory Reform as a Path to Promote Gender-Equitable and Participatory Community Decision-making Processes on Land Investments

Research has shown that women are particularly vulnerable in these processes, facing social and economic disadvantages that result in their historical marginalization from land use and management decisions. Women's exclusion from decision-making processes related to land investments has significant impacts on their families and communities, particularly in terms of food security. In many developing countries, national laws mandate community participation in decision-making on land investments, but the mechanisms under enabling rules and regulations fall short of what is needed to ensure that participation is meaningful and that women are included in decision-making. Reforming the regulatory framework is therefore a critical step in empowering communities and women in communities to have a say in decisions that will impact their lives. This paper examines opportunities for regulatory reforms for increased participation of women in three countries: Mozambique, Tanzania, and the Philippines. The project, Promoting Gender-Equitable and Participatory Community Decision-making Processes on Land Investments, was launched in early 2014 by the World Resources Institute (WRI) and partner organizations in each country. The project involves two phases: research on the processes through which community lands are acquired by agricultural and other investors and its implications for women, and outreach and advocacy for regulatory reforms in the legal and policy frameworks on land acquisitions and investments in community lands. In Mozambique, commercial land investments are governed by the 1997 Land Law and its implementing regulations. The Land Law requires that specific procedures be followed by applicants seeking a DUAT or land use rights for commercial investment. These procedures include public consultations and the involvement of local communities in the decision-making process. However, the research findings indicate that these procedures are often not followed in practice, and local communities are not adequately involved in the decision-making process. In Tanzania, the Land Act of 1999 governs land investments, and the National Land Policy of 2002 provides for community participation in decision-making on land investments. However, the research findings indicate that the mechanisms under the enabling rules and regulations fall short of what is needed to ensure that participation is meaningful and that women are included in decision-making. In the Philippines, the Comprehensive Agrarian Reform Law of 1988 governs land investments, and the National Land Use Policy of 2011 provides for community participation in decision-making on land investments. However, the research findings indicate that the mechanisms under the enabling rules and regulations fall short of what is needed to ensure that participation is meaningful and that women are included in decision-making. The synthesis of findings in all three countries reveals that the regulatory frameworks governing land investments in each country fall short of what is needed to ensure that participation is meaningful and that women are included in decision-making. The research findings indicate that the mechanisms under the enabling rules and regulations are often not followed in practice, and local communities are not adequately involved in the decision-making process. The evidence-based recommendations for reform identified by each of the country project partners include strengthening the mechanisms under the enabling rules and regulations to ensure that participation is meaningful and that women are included in decision-making. This includes requiring public consultations and the involvement of local communities in the decision-making process, and ensuring that women have equal opportunities to participate in decision-making.