Gender Issues in Resettlement
Lack of landownership and property rights denies women equal access to compensation.
In most projects, compensation, resettlement, and rehabilitation are based on legal ownership of land and property. In many societies, women may not have legal rights to land and property, even though they may have enjoyed usufructory rights or been dependent on them. Hence, they are not eligible for compensation and other benefits that may be available.

Traditionally, in any patriarchal and patrilineal society, land and property are passed from male head to male heir. In most parts of Asia and the Pacific, women may have use rights over the land and forest, but are rarely allowed to inherit the land they use. Payment of compensation to those with legal title is intrinsically gender biased. Because land and property are mainly registered in male names, women are usually excluded from receiving compensation.

Restoration of livelihood and income is equally important to women and men. Women are largely engaged in the informal sector—gathering forest produce, working in the fields, or selling produce. Women’s economic activities can be an important source of income for households. Dislocation can result in loss of livelihood, adding to women’s economic hardships. Therefore, it is important to enumerate women’s economic activities in planning and executing resettlement programs.

Low levels of training and education among women limit the choice of alternatives. Rehabilitation packages may include compensation opportunities for alternative occupations. Choices for exploring alternatives and livelihood options for women are limited because of their low levels of skills, education, and exposure. Planning for occupational and livelihood options for women is crucial.

Existing intrahousehold gender disparities may become aggravated. Gender disparities that already exist in society and within the family tend to become aggravated in situations of involuntary displacement, rendering women and children, especially female children, vulnerable. This may manifest itself in greater morbidity or violence or fall in nutritional status. Equity in intrahousehold distribution of resources should not be assumed.

Studies across the world have shown increase in morbidity and even mortality rates due to involuntary dislocation. Age- specific death rates show higher mortality and morbidity rates for female children and of women up to 35 years, the most productive years. Given this, there is likelihood that if there is increase in morbidity induced by displacement, the first to be hit will be the females. Similarly, the nutritional and health status of women is lower than men even under normal circumstances. Some studies have indicated an overall decrease in health status, often due to a significant drop in the per capita calorie intake. (Ganguly Thukral 1996)

Involuntary dislocation could increase the burden on women.Generally, women are responsible for food, fuel, and fodder in the family. Often, fuel and fodder can become scarce as a result of negative environmental effects on natural resources like forest, water, and land. This can have direct impact on women, because they are responsible for gathering fuel and fodder. Unless this impact is addressed in resettlement planning and execution, it could result in women spending more time and resources accessing these basic needs. Also, loss of grazing areas could result in sale of livestock.

Restricted mobility and limited exposure affect women’s ability to adjust. Being less mobile than men, women’s universe is more restricted. Hence, they have limited ability to cope with and adjust to new situations and environments.

The impact of dislocation may be different for women than for men. The differen-ces should be explored and mitigated.

Social impact of dislocation tends to affect women more than men. Breakdown of community and other social networks as a direct result of dislocation can affect women more than men because women rely and depend on community and other social networks for emotional and practical support, such as taking care of children. Dislocation can be traumatic if these netwroks break down.

Increase of social evils and violence against women could increase because of displacement. Alcoholism, prostitution, and gambling resulting from displacement affect the lives and status of women. Women are sometimes forced to face new forms of violence, such as sexual abuse and prostitution.

Gender disparities embedded in social practice and tradition render women vulnerable to sexual and physical violence.

Changing Land Rights in Viet Nam, Lao PDR, and PRC

The change from communal household farming in Viet Nam, Lao People’s Democratic Republic (PDR), and the People’s Republic of China (PRC) has seen women lose “right” and control over land and property. Land continues to be owned by the State in all three countries. Because laws designated the farm household as the unit for reallocation and registration of land, the laws have encouraged the creation of independent households.

Although men and women have equal rights to registering land in Viet Nam and Lao PDR, customary attitudes prevail and land is registered in the name of men alone as heads of household.

Property rights in the PRC are not absolute. Instead, a combination of ownership and use rights subject to state policy, and current discriminatory practices regarding the ownership, acquisition, management, administration, enjoy-ment and disposition of property impede women’s rights as human rights and have negative impact on social development.

Ensuring Participation of Women

Ensure representation and presence of women from different socioeconomic groups in all meetings.

Ensure that meetings/consultations are organized at a time when women find it convenient to attend, so that maximum participation can be ensured.

Take care to ensure that the venue for meetings is based on discussions with the women so they can feel free and uninhibited in their discussions.

Consider female facilitators or work through women’s groups or networks—formal or informal.

Involve women in the indemnification of affected persons.

Consider separate meetings for women.

Ensure women’s involvement in preparation and review of resettlement plans.

It is important that women’s associations are vested with authority, both within their communities and within wider regional and state processes. This will preempt situations where women are mere tokens in decision-making processes.

Ensure women’s involvement and participation in implementation and monitoring.

Note: One would wonder who is going to do all the "Ensuring"?