67986 EAST ASIA AND PACIFIC REGION Social Development Notes I N N O VATI O N S , LE S S O N S , A N D B E ST P R A CTI C E After the Tsunami Women and Land Reforms in Aceh On Boxing Day morning, 2004, a 9.3 magnitude earthquake struck the Indian Ocean. The quake unleashed a blast of energy and created a tsunami three stories high. The disaster claimed more than 228,000 lives, affected 2.5 million others and caused close to US $11.4 bil- lion of damage in 14 countries. By far the highest price was paid by Aceh, where more people died than in all the other countries combined. In Banda Aceh, the capital of the province, the tsunami claimed nearly a third of the population. More than 800 km. of coastline was affected and close to 53,795 land parcels were destroyed. The land administration system sustained significant damage as documentation of land ownership was washed away. Physical bound- ary markers, including trees and fences, also disappeared. The tsunami and earthquake not only shattered housing and other coastal infrastructure, they also shook the foundations of Acehnese society and the social capital built up over decades. Women’s Strength in the Face of Disaster By securing land and property rights, The tsunami deprived many women of the women have positively impacted existing safety nets offered by their families, especially spouses or parents. In a society in post-disaster recovery and which the man is still regarded as the head reconstruction efforts in Aceh. of the household, this new reality brought an additional burden to many. In Aceh, land — Keith Clifford Bell, Sustainable Development is a powerful symbol of community, fam- Department, The World Bank ily solidarity, culture and land issues were traditionally considered to be the “natural� dominion of men. After the tsunami, women were not only on the verge of losing property, assets and livelihoods; in some cases, even their social recognition and status were at risk. The disaster also created opportunities for social and physical reorganization, however. Changes in gender relations, which would not have been possible before, were suddenly apparent, and women showed particular dynamism in the recovery and reconstruction process. They assumed leadership roles and learned to be more assertive after the disaster, albeit in non-confrontational ways. Women also helped GAP funded gender equality as smart economics A World Bank Group Gender Action Plan 2 East asia and Pacific REgion — social dEvEloPmEnt notEs restore normalcy and order within the family land, going beyond mere procedures to under- and community, protecting household land and stand the socio-cultural constraints faced by property rights. In many instances, they assumed women in Aceh. It analyzed the extent to which primary responsibility for income generation, project activities and results are sustainable and managing household resources and nurturing the replicable and provided recommendations for family. In addition, they played a significant role other post-disaster situations. in translating the individual grievances associated with the recovery of land and property rights and in strengthening the social agenda for property Women’s Land Rights: What ownership. Happened After the Tsunami? The GAP-funded survey on land titling involved a wide cross section of the community—hun- Empowering Women dreds of people participated, often for little or Through Land Titling no money. The inhabitants of Aceh, especially The Reconstruction of Aceh Land Adminis- women, enthusiastically embraced the survey tool tration System (RALAS) project was designed and realized that its findings could better shape by the World Bank and the Multi-Donor Trust land policy in the future. Fund for Aceh and North Sumatra as an emer- gency response to the need for reconstruction The report showed that in Aceh, as in many coun- of housing and communities in the region. tries, multiple land tenure regimes, both tradi- RALAS was the first World Bank project to tional and formal, operate simultaneously. Some support post-tsunami reconstruction efforts of these systems are gender-neutral and those and the project design included a Community- which are informal have often enabled commu- Driven Adjudication process to land titling, nities to discreetly manage land tenure within a which involved civil society-facilitated com- broad socio-economic framework that assigns munity land mapping. Dispute resolution and equal rights to women and men. Most women social protection for women and vulnerable continue to depend on the advice of geuchiks, groups were anchored in the local interpre- local leaders and religious chiefs, who still play a tation of Islamic law and adat (traditional) significant role in protecting land and property practices. Gender Action Plan (please see our rights. However, this relationship is gradually website www.worldbank.org/gender for more maturing as women are beginning to seek expla- information on GAP) funds enabled the team to nations, and to question some of the decisions learn more about the RALAS project’s efforts to made by these local leaders. improve women’s access to land and their prop- erty rights. The study aimed to discern what However, during the RALAS project, the promotion worked in terms of increasing women’s access to of women’s land rights required dedicated advocacy and policy dissemination. This was mostly because women lacked information on their legal rights. Unfortunately, the majority of land titles continue to be registered in the names of men. In cases involving inheritance after the disaster, for example, women have very little voice or power to act. The lack of female representation in local com- mittees disempowered them. It prevented them from re-establishing access to their land and prop- erty rights. In addition, the absence of gender- disaggregated data also limited the Government’s capacity to address women’s concerns. It was in this context that the international community and local NGOs played a key role, building a broad- I n n ovat I o n s, L e s s o n s, a n d B e s t P r a c t I c e 3 based consensus around the restoration of wom- en’s property rights, also signaling good practices and fair governance. Strengthening Women’s Land Rights for the Future The study illuminated trends by which women sought to recover their land and property rights. Women’s approaches to land recovery and recon- struction immediately after the disaster often involved the use of temporary markers to claim land rights—they would divert pressure by using the names of their male family members to mark their land. Women also took great interest in community-level land mapping exercises and management of the reconstruction and devel- there were high levels of female participation opment agenda in post-disaster situations. across the island. Indeed, the survey noted that, in the case of land recovery and reconstruction efforts, While there is universal recognition that natu- their participation was higher in community-based ral disasters impact women and men in different activities than in other programs. ways, there are few guidelines to ensure the adop- tion of a gender-sensitive approach to disaster The report noted several areas that could be management and reconstruction programs. improved to bolster women’s land rights in the future. Traditional leaders and government institu- The traumatic experience of a community in a tions are inclined to stereotype women’s roles and disaster situation cannot be underestimated. It is rights and are less willing to adopt creative solutions important that recovery and reconstruction pro- and support women’s claims. This situation could be grams are designed to serve men and women’s improved by making Shariah courts more accessible social, economic and psychological needs. When to women through the gender-sensitization of court women hold land rights, their families have a officials. The dissemination of information about form of socioeconomic support which can drive the courts and the interpretation of Islamic law by the recovery of the wider community to some women judges could support women’s rights. degree. Also important is the need to raise Government Based on the experience of Aceh and the knowl- targets for land registration and titling functions edge of the reconstruction team there, these for women. Currently, most Government policies recommendations have been shared by the are gender-neutral. While these policies capture Poverty Reduction and Economic Management some women’s issues, they neither distinguish Network (PREM) with other World Bank teams between the groups that are vulnerable and those working in post-disaster zones, such as Haiti. that are relatively protected, nor recognize the limitations of local and informal practices and Immediately after a disaster, the responsible gov- institutions. In addition, more resources could be ernment agencies should freeze land transactions put towards recruiting and training women staff, and transfers in order to prevent land-grabbing both in the field and in the central office. and dispossessions. The context of a disaster response is different to that of a development response—there are immediate needs that must Implications for Haiti and be addressed after a disaster in order for citizens Other Disaster Zones to have the basics for survival. The coordination of A well-functioning, gender-informed approach donors, NGOs, etc., with Government leadership to land and property rights is crucial in the is critical to the success of emergency response 4 East asia and Pacific REgion — social dEvEloPmEnt notEs and reconstruction efforts. Government-coordi- Public awareness-raising about land titling and nated, community-based approaches need to be property rights is crucial to ensuring that every- designed and managed in tandem in order for one knows their rights before, during and after land and property rights to be restored. This is an emergency strikes. Without basic awareness key to women’s inclusion in land titling projects. of these rights, women cannot claim the land and Further, all these efforts need to be carried out by property to which they are entitled. One method teams made up of both women and men at field of raising public awareness that has proved valu- and decision-making levels. able is making local communities own the gen- der agenda by building on local ideas, customs, Land mapping allows a community to quickly proverbs, etc., that are favorable to women. These move ahead with housing and reconstruction need to be integrated into public awareness cam- after a disaster. It ensures that land ownership paigns to ensure that gender sensitivity is not rights are respected. If this process is well docu- perceived as a “Western� imposition, but a local mented and standardized community agreements requirement. are signed, it can help minimize land-related con- flicts and provide governments with a good basis Taking gender-related factors into account in land of evidence for official adjudication and registra- administration can diffuse tensions over identity, tion of ownership. status and power that may threaten peace and security in post-conflict societies. In emergency responses, striking the right bal- ance between speed and deliberation is crucial. A perfect damage assessment is not required. It People have urgent needs that have to be met, but is possible to respond to a crisis with meaning- it is also important to consider their longer term ful interventions, such as community mapping, requirements and to minimize spending. that can begin immediately, while a broader gov- ernment framework is being created. However, For example, experience suggests that it is best complementary government-coordinated and for houses to be rebuilt to regulatory standards, community-based approaches are required to taking recognized land rights into account. Infor- ensure the restoration and recovery of land and mation and communications technologies can be property rights. This is central to women’s inclu- harnessed to support and strengthen prepared- sion in the economic system. Government-led ness for and responses to emergency situations coordination efforts result in the timely delivery and reconstruction efforts. of support and minimal legal and institutional uncertainties. Tools such as Geographic Information System (GIS) and Global Positioning System (GPS) are very useful if adapted to the context—more so if commu- Contact nity-based groups (rather than government employ- Keith Bell, Senior Land Policy Specialist, EASER: ees or private contractors) are trained to use them. 202-458-1889