ABSTRACT

Gender as an axis of differentiation of the impacts of land takings, whether compulsory acquisitions by the state or commercial acquisitions by investors, has attracted increased scrutiny in recent years. While local communities suffer negative impacts, including loss of livelihoods, displacement and impoverishment, women face added disadvantages – particularly a lack of formal land rights and subordinate positions in the household and the community – that result in their disproportionate share of the adverse impacts of displacement. Focusing on three countries, Mozambique, Tanzania and the Philippines, this chapter examines the national legal frameworks related to land takings to identify key regulatory gaps that lead to women’s marginalisation in the decision-making related to land acquisitions and the main aspects of compensation and resettlement. Given the structural barriers women face (cultural barriers, literacy issues and time and mobility constraints), a key lesson is that women must be explicitly specified as stakeholders, with economic interests that need to be taken into account and concerns that need to be addressed, and with unique knowledge and perspectives to bring to the table. The author presents a range of specific measures to support more gender-responsive frameworks that will help to ensure gender-equitable outcomes.