The Land Rights Law (LRL), enacted on the 23rd of August 2018, was an impressive feat. It recognizes the land rights of all Liberians, especially rural communities who have historically been subject to mere user rights on their ancestral lands. The LRL protects the rights of communities to their claimed customary areas as their lawful property – “with or without deed”. This provision places an estimated 70% or more of the country under customary ownership.
This session sought to explore examples of international community land ownership and to collate the experiences of community land governance during the pandemic.
The session aimed to respond to the following questions:
The ability to own land and access natural resources allows women to secure food for their families, increase their agricultural productivity and livelihoods, and help drive local economies. Land rights empower women to have a say in matters that affect their lives, families and communities — everything from deciding what crops to plant to investing in children’s education and health.
Anna Letaiko is a middle-aged woman with a soft voice that carries wisdom and strength. Her husband is an older man, and together they live in small mud house in Mundarara – a remote village in Longido district in Tanzania, accessible only by a rough dirt road. It is a Maasai community similar to the one in which I grew up, except that the community’s livelihood is based on mining and pastoralism while my community still depends on farming and pastoralism.
I met Anna through my work with WOLTS – a five-year action research project on women’s land rights in pastoral communities that are affected by mining. As a speaker of the Maasai language, my job is to facilitate and translate in training sessions and help develop training materials.
In Maasai culture, it is very rare for women to own land. Men see themselves as owning land on behalf of the whole family. If women do apply for land, they usually apply in the name of their husband or son.
However, the law in Tanzania (Land Act, 1999, and Village Land Act, 1999) grants women and men the same rights to land access, ownership and control. The law also says that women have the same rights in decision-making over land. What Maasai customs mean in practice is that women are denied the right to apply for land and own it themselves.
During our research we heard that, when women in Mundarara applied for land in their own names, their applications were ignored, not taken seriously, and even thrown away. Some women were even asked for sex in exchange for land documents.
Our aim through the WOLTS project is to support the community to find their own solutions to land rights problems. To help them achieve this, we asked them to select community ‘champions’ who would be trained in land rights, mining laws, investment laws, mineral valuation and legal procedures for licence applications, as well as gender-based violence.
Anna was one of the first champions to be trained in Mundarara. When we first started working in the community, Anna did not even know that she had the right to own land. After the WOLTS training sessions, she put in an application, and it was taken seriously.
A few months later, Anna received a small plot near the village centre where she wants to build a modern house. As a trained champion for gender equity, she has promised to help other women by raising awareness and assisting them to become land owners like herself.
The growth of artisanal mining in Mundarara has brought many changes to the community, including giving families new sources of income. Women are finding that they have more opportunities to earn money and participate in community and family decision-making, including through land ownership.
Documenting and sharing Anna Letaiko’s story reminded me how quickly life is changing in pastoral districts due to factors like mining. I hope it will inspire readers, raise the voices of less fortunate groups, and improve everyday life in communities similar to my own.
For hundreds of years, pastoralists in Ethiopia’s lowlands have relied on strong customary land tenure systems to survive. Historically, legislation has failed to clearly define communal rights to rangelands, and the specific roles and responsibilities for both communities and local government to administer and manage these resources. This legislative deficiency prevented pastoral communities from fully exercising their constitutional rights to land (Ethiopia’s Constitution broadly recognizes pastoral communities’ right to access land and prevents their involuntary displacement).
2018 could be transformative for the indigenous and community land rights movement, with unprecedented opportunities for scaling up rights recognition around the world.
October 2017: In 2012, the Committee on World Food Security (CFS) endorsed Voluntary Guidelines on the Responsible Governance of Tenure, forests, and fisheries (VGGT, or the Voluntary Guidelines) to, inter alia, promote food security and sustainable development by improving secure access to land, fisheries, and forests.
By Andy White, Coordinator of the Rights and Resources Initiative
By Rachael Knight, Senior Advisor, Community Land Protection, Namati
By Liz Alden Wily and Fabrice Dubertret, Members of the LandMark Operations Team.
Do community-held lands thrive today in Europe? If so, what can communities in Asia, Africa and Latin America learn from their long experiences? This was the topic of a Practitioner Lab hosted by LandMark : the Global Platform of Indigenous and Community Lands at the XVI biennial conference of the International Association for Study of the Commons held in Utrecht on the 10th of July. A panel of four experts from Europe (Monica Vasile, Romania; Evelyn Dietsche, Germany; Rita Serra, Portugal; and Pedro Medrano, Spain) helped participants understand the realities of commons in their countries today. Pedro Medrano represented the Soria Forest Association of Spain, winner of the Elinor Ostrom Practitioner Award 2017.
