COMMISSION FOR GENDER EQUALITY’S “ONE WOMAN, ONE HECTARE OF LAND” CAMPAIGN

COMMISSION FOR GENDER EQUALITY’S “ONE WOMAN, ONE HECTARE OF LAND” CAMPAIGN PRESENTATION TO PARLIAMENTARY PORTFOLIO COMMITTEE ON RURAL DEVELOPMENT AND LAND REFORM BY COMMISSIONER, DR. WALLACE AMOS MGOQI

INTRODUCTION OBJECTIVES OF THE PRESENTATION & CAMPAIGN: To introduce the ‘one woman, one hectare of land’ campaign to Parliament’s Portfolio Committee on Land Reform and Rural Development To appeal to Committee Members to Embrace the Objectives of the ‘One woman, One Hectare of Land’ Campaign and lobby other relevant government departments to embrace it. To solicit support from Committee Members to mainstream gender equality in government’s land reform programme by pushing for appropriate policies and legislation to increase women’s access to land

OBJECTIVES OF THE PRESENTATION & CAMPAIGN: Given the tenuous and precarious nature of the relationship between women and land, always via a father, male sibling, husband or uncle, the state should have a role in allocating a minimum of one hectare of land or more, to the very poor women, in urban, peri-urban and rural areas. Private sector institutions may also participate in this by making land available for productive and sustainable use, in their own enlightened self-interest. The beneficiaries could use the one hectare for housing or growing food, in a sustainable way.

“ONE WOMAN, ONE HECTARE OF LAND” In 2012 the CGE initiated the “One Woman, One Hectare of Land” Campaign with the aim of fighting for the rights of women to enjoy equal access to land The CGE has been driving the campaign, with the collaboration of the then Dept. for Women, Children and People with Disabilities (DWCPD), and now with the Ministry for Women in the Presidency. While the CGE cannot implement the program, its mandate and functions include monitoring government departments, other public and private sector institutions, as well as civil society entities to promote respect for gender equality and the protection, development and attainment of gender equality in accordance with the Constitution.

“ONE WOMAN, ONE HECTARE OF LAND” The Commission for Gender Equality (CGE) recognises the importance of access to land as a vital resource to sustain livelihoods for rural households across the country Historically, access to and ownership of land in South Africa has been controlled by males through social, cultural, religious and traditional systems that entrenched patriarchy – thus denying women access Apartheid era policies and laws, compounded by social, cultural, traditional and religious practices within our communities made sure that women’s access to and control over land was severely restricted over the years This is in spite of women making up the vast majority (70%) of the labour force needed to maintain the productive land and work it both for subsistence and commercial agricultural farming yet have limited ownership and control over farm land.

“ONE WOMAN, ONE HECTARE OF LAND” In 2011 the Commission for Gender Equality published a Research Report on SA’s Land Reform process from 2000 to 2010. The findings, among other things, revealed that women constituted only 13 % of the total number of the beneficiaries of the land reform process The findings also indicated that the land reform process was not gender sensitive, with Communal Property Associations (CPAs) continuing to be male-dominated. Studies have consistently shown that there are higher levels of poverty, unemployment or underemployment among women than among men.

“ONE WOMAN, ONE HECTARE OF LAND” Figures from STATSA also show that there are higher levels of poverty among female-headed households compared to male-headed households in South Africa This is clear evidence of the feminisation of poverty in South Africa This is combined with women’s vulnerability to violence, rape and HIV/AIDs infections, underpinned by their economic deprivation leading to financial dependence on their spouses The One woman One Hectare of Land Campaign is therefore aimed at addressing the high levels of poverty among women, especially in the rural areas

“ONE WOMAN, ONE HECTARE OF LAND” The basic tenets of the “One Woman, One Hectare of Land” Campaign therefore is for the state to allocate a minimum of one hectare of land to the most vulnerable rural women, who are ready and able to use it productively. While CGE is aware that land ownership in itself will not extricate women from poverty and dependence on men, state assistance for women to turn their activities into sustainable businesses that provide sustainable incomes will be important. The state has a critical role to play in terms of turning this campaign into reality

“ONE WOMAN, ONE HECTARE OF LAND” The CGE has consulted various civil society organisations, particularly women land advocacy groups (e.g. the Rural Women Assembly of Southern Africa) and secured their support and endorsement of its “One Woman, One Hectare of Land” campaign The CGE is also convinced that this campaign will resonate with women in general as it encapsulates their conditions of subjugation especially on the issue of land. The CGE does acknowledge that issue of land allocation to individual women or men, especially in communal areas, has to be approached with caution and circumspection.

“ONE WOMAN, ONE HECTARE OF LAND” The CGE does not advocate, in all cases, for full-blown individual ownership, but some guarantee of land allocation, something more than the Permission to Occupy, with a guarantee of financial support from the state upon the production of a business plan. Also where feasible, land ownership should be extended to women as individuals or heads of households. The CGE adopted this Campaign in line with its mandate, which goes beyond monitoring, to include lobbying and advocacy to promote gender equality

DEVELOPMENTAL OBJECTIVES OF THE CAMPAIGN: This initiative has a huge potential for job creation, in that as soon as land is allocated, either on ownership, lease or use basis, members of the community who are unemployed but willing to work, will find work for themselves; This will be a black empowerment initiative in so far as it would be targeting landless and poor communities, principally women, with a view to transferring land rights and creating an inheritance for their children; The initiative has the potential for uplifting the community, creating a dynamic of vibrancy and social cohesion from the youth to the adult population of the community; The initiative will allow members of the family to acquire the knowledge and skills to pass on to the next generations.

DEVELOPMENTAL OBJECTIVES OF THE CAMPAIGN (cont.) The initiative presents opportunities for participants to learn about issues of environmental sustainability and climate change, thus conducting themselves appropriately; Introducing One Woman, One Hectare of Land, in the rural areas, and in communal land jurisdictions, may go a long way towards empowering large numbers of women, even helping in replenishing the loss of white commercial farmers producing food for the nation. As long as land allocation is accompanied by State financial assistance, and non-financial assistance to enable those allocated access to land to use it profitably, productively and sustainably. The beneficiaries might want to use the land individually or co-operatively.

DEVELOPMENTAL OBJECTIVES OF THE CAMPAIGN (cont.) What does research show concerning women and land? Nourished children, whose mothers own land are 33% less likely to be severely underweight. Safer women who own land are up to 8 times less likely to experience domestic violence. Prosperous women with strong property and inheritance rights earn up to 3.8 times more income. Healthy children in households where women own land are up to 10% less likely to be sick;

DEVELOPMENTAL OBJECTIVES OF THE CAMPAIGN (cont.) Educated families where women own more land devote more of their budget to education; All this contributes towards a better world

INSTRUMENTS ON GENDER EQUALITY AND ACCESS TO LAND The African Union has declared 2015 as a year of equality for women, women’s rights, and women economic empowerment. AU state parties, private sector institutions and civil society formations are all expected to put their shoulders to the wheel to ensure that these objectives are turned into reality. AU Summit 2015 also surfaced issues of gender inequality and challenges faced by women in terms of lack of access to land as a barrier to economic development In terms of the Agenda 2063 issues, there acknowledgement of the feminisation of poverty in Africa; and the need to alleviate poverty through modernised and productive agricultural sector, relying using science and technology and indigenous knowledge systems

INSTRUMENTS ON GENDER EQUALITY AND ACCESS TO LAND Sustainable Development Goals (SDGs) – Goal 5 The UN has now adopted the Sustainable Development Goals (SDGs) and Goal 5 deals with gender equality and empowerment of women and girls. Target 5.a states: “Undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance and natural resources, in accordance with national laws.“ This is a very important target in the promotion of gender equality, especially in the area of historic injustices suffered by women with regard to ownership and control of land and other forms of property.

INSTRUMENTS ON GENDER EQUALITY AND ACCESS TO LAND The Campaign is underpinned by provisions supporting gender equality as contained in a number of domestic legislative frameworks, as well as a number of regional and international instruments as referred to below: Domestic Legislative Frameworks: Section187 (1) of the Constitution which states, “The Commission for Gender Equality must promote respect for gender equality and the protection , development and attainment of gender equality”. The Promotion of Equality and Prevention of Unfair Discrimination Act 4, of 2000 (PEPUDA). The Commission for Gender Equality Act No. 39 of 1996

INSTRUMENTS ON GENDER EQUALITY AND ACCESS TO LAND S.11 of the CGE Act No 39 of 1996, as amended, confers the following additional powers and functions: Monitor Investigate Research Educate Lobby and Advocacy Advise Parliament and report on issues on gender equality.

INSTRUMENTS ON GENDER EQUALITY AND ACCESS TO LAND Regional & International Frameworks/Protocols/Instruments: In addition to the Constitution and domestic laws, the following regional and global instruments apply: The UN Convention on the Elimination of Discrimination Against Women (CEDAW), in Article 14 (g), makes provision for “access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes.” The Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa, (Article 19 on the Right to Sustainable Development) says:

INSTRUMENTS ON GENDER EQUALITY AND ACCESS TO LAND Regional & International Frameworks/Protocols/Instruments: “Women shall have the right to fully enjoy their right to sustainable development. In this connection, the State Parties shall take all appropriate measures to (c) promote women's access to and control over productive resources such as land and guarantee their right to property”. (d) promote women's access to credit, training, skills development and extension services at rural and urban levels in order to provide women with a higher quality of life and reduce the level of poverty among women.”

INSTRUMENTS ON GENDER EQUALITY AND ACCESS TO LAND Regional & International Frameworks/Protocols/Instruments: The SADC Protocol on Gender and Development makes provision for access to property and resources as follows: “State Parties shall ... review all policies and laws that determine access to, control of, and benefit from, productive resources by women in order to: (a) end all discrimination against women and girls with regard to water rights and property such as land and tenure thereof; (b) ensure that women have equal access and rights to credit, capital, mortgages, security and training as men, and (c) ensure that women have access to modern, appropriate and affordable technology and support services.”

THE ROLE OF OTHER RELEVANT INSTITUTIONS The CGE believes strongly that as the key institution in this sector the Department of Rural Development and Land Reform has a primary responsibility to ensure that right of women to equal access to land is realised Other key ministries of government including relevant sphere of government (national, provincial and Local government) should also play their roles in others sectors such as water, economic development, finance and business development to facilitate women’s access to other vital support services to ensure that their access to land is sustainable in the long term. In particular, municipalities have under their jurisdictions commonages which have not been fully utilized, let alone to benefit the poorest of the poor.

THE ROLE OF OTHER RELEVANT INSTITUTIONS Equally institutions of Traditional Leadership in many communities across the country have an important role to play as they have under their jurisdictions large tracts of land which have not really benefitted women or women-headed households optimally in the past. The CGE also expects financial services institutions (like commercial banks) and private sector entities to play a key role in facilitating access to property/land and credit facilities and other financial services for women intending to enter into agribusiness/farming

LESSONS FROM OTHER COUNTRIES Experiences of farmers who became the beneficiaries of land reform initiatives in some African countries such as Kenya and Zimbabwe identified a number of important lessons: 1. Money, knowledge of farming and skills development for the new farmers are an important pre-requisite 2. The importance of developing a business plan for farming 3. Re-investment of the resources back into the farms 4. Importance of hard work and for the new farmers to live on their farms All these factors are important in terms of improving the prospects for the success of the new farmers

USING THE LAND IN THE CONTEXT OF FARM WORKERS AND FARM DWELLERS Farm workers and farm dwellers are one of the most oppressed and exploited sectors of our society, that could benefit handsomely from the implementation of One Woman/ One household, One Hectare of land. The State has so far used labour legislation, like the Labour Tenants Act and the Extension of Security and Tenure Act, but there has been no reciprocity on the part of farm owners. Instead they embarked on casualisation of labour, as well as externalisation of labour , through labour brokers. The time is ripe for government to use its muscle as did previous governments, by acquiring land on behalf of farm workers and farm dwellers .

CONCLUDING REMARKS As stated at the beginning, the intention of this presentation is to introduce the “One Woman, One Hectare of Land”, and its Objectives, to the Members of this Portfolio Committee to secure their support and assistance in realising the goal of gender equality in the allocation of land, Also, to obtain the support of the members in lobbying relevant government departments and state entities, including all spheres of government, to introduce the necessary policies and legislations to promote gender equality and women’s rights in land allocations

The End Every woman, in every village, in every hamlet, in every part of the country, who receives the allocation of land, will say: “This land you have given me is pleasant land. What a wonderful inheritance!” THANK YOU! Commission For Gender Equality.

Thank You HAVE A GENDER RELATED COMPLAINT ???? REPORT IT TO 0800 007 709 TwitterHandle @CGEinfoFacebook: Gender Commission of South Africa

COMMISSION FOR GENDER EQUALITY’S “ONE WOMAN, ONE HECTARE OF LAND” CAMPAIGN