Enhancing Ethiopian Women's Access to and Control over Land
DAY 2: JULY 18, 2001
WHAT IS POLICY
Participants went into groups to discuss what the term ‘policy’ meant to them. They then defined policy as follows:
- Policy is a directive, a document for the implementation and realisation of laws;
- Policy is a directive, a strategy to solve a given problem, with a detailed plan of execution;
- Policy is a body of principles to guide regulations, rules and actions as well as implementation mechanisms.
There is a difference between policy and law. Policy is both a mechanism used to implement laws and/or a guideline issued to solve a particular social problem. Some policies are translated into law although there are many policies that do not become law. Policy is not always written down, although obviously, written policy is better because it offers guidelines.
Participants then broke into groups to discuss the following:
Group one
- Explain the policy-making process in an organisation that you work for (choose one organisation). What are the basic steps in making policies for this organisation?
Polices are initiated, formulated, discussed and approved by the Board of Directors.
- Are policies written or unwritten?
Policies are both written and unwritten .
- Who is involved in the process?
The policy-making process involves all stakeholders.
- Of those involved in the process, how many are women?
There are three women among the five Board members and five women among the 11 members of staff.
Group two
- Give two examples of policies that you have helped to make or know of in your communities?
In the Amhara region, there is a policy about ceremonies. In the Gambela region, there is a policy on abduction for those who do not have enough bride price.
- Are these policies written or unwritten?
The policy in the Amhara region is written, but the one in the Gambela region is unwritten.
- What gender implications do these policies have?
In the Gambela region, under customary law, families must give bride price.
Group three
- Give two examples of regional and/or national policies that have implications for gender?
The national policies on affirmative action, land and family planning and health service provision.
- Are these policies written or unwritten?
They are written.
- Where would you go to find these policies?
They can be obtained from educational institutions and libraries. With respect to land, what should be looked at is the federal land proclamation number 89/1997: Rural Land Administration Proclamation of the Federal Government. In addition, there are two regional proclamations on land for the Amhara and Tigray regions.
Discussion
Group two described the most participatory policy-making process. More women can participate in decision-making on policy because it is a small and fairly democratic organisation. The larger the institution or organisation to be affected by policy, the more complicated, exclusive and undemocratic the policy-making process becomes.
At the community level, generally, rules are clear to everybody. But at the national level, in a society with a large number of illiterate citizens, most of whom are women, involving women in the policy-making process will not happen without planning for it to happen.
In addition, as shown by Group three, sometimes both the regional and the national citizenry need to be involved in different although related policy-making processes, for example, with respect to land.
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WHO MAKES POLICIES AND LAWS IN ETHIOPIA
Meaza Ashenafi, Executive Director, the EWLA
The Ethiopian government has a federal rather than a unitary structure. Laws are issued by the House of People's Representatives. And the Federation Council interprets the Constitution.
The law-making process of the federal government is as follows. Ministries propose laws to the Law Research Institute of the Ministry of Justice. After consideration, these laws then go to the Council of Ministers for discussion and finally to the House of People's Representative for adoption.
Policies originated from Ministries can either be adopted Counsel of Ministers or by the Ministry concerned with the policy, depending on whether of not the policy requires legislation for implementation.
Regional states follow the same process of law- and policy-making.
Discussion
In Kenya, the law-making process involves the Executive, the Legislature and the Judiciary. Both the Executive and the Legislature make laws, while the Judiciary interprets implementation of the laws. The President has a lot of power to make law.
For a law to be brought to Parliament, a parliamentarian can move a motion to do so, which can be debated. If the motion passes, the Attorney General’s office is given the responsibility of translating the motion into a bill. The bill is taken to Parliament for debate. It goes through a first reading and, if accepted, through a second reading. During these two stages, the public can give their opinions on these bills, either through their own parliamentarians or through the Attorney General’s office.
It is passes the second reading, it becomes a law. However, it must receive presidential assent within 30 days to stand. If he approves it, it becomes a law. If he has a problem with it, he must give his reasons and return it to Parliament for Parliament to address his reasons.
A second way of initiating law is through the Law Reform Commission. After submitting your concern to the Law Reform Commission, it is forwarded to the Attorney General. The Attorney General is then meant to table the concern in Parliament.
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CURRENT POLICIES AND LAWS PERTAINING TO ETHIOPIAN WOMEN'S PROPERTY RIGHTS
Meaza Ashenafi, Executive Director, the EWLA
This session focused on women's property rights with respect to land. If, generally speaking, land rights are not conducive to development, it is difficult to discuss women's land rights and equal access to and control over land.
Land distribution in Ethiopia is on the basis of family heads of households. This affects women’s access to and control over land through ownership.
Federal proclamation number 89/1997: Rural Land Administration deals with the administration of land by the regional states. Articles 1, 3, 5 and 10 relate to women.
Distribution of land is still biased in favour of men because women’s access to land is only limited to access for female heads of households. There is need for affirmative action to correct the unequal distribution of land on the basis of heads of households. In addition, Article 3 categorises women along with children and people with disabilities. This is degrading.
Discussion
In the Southern region, customary law prohibits women from inheriting land. Gender-based power relations within households prevent women from exercising control over land. As women do not plough the land due to customary gender roles, they are forced to rent land. Women are encouraged to become small traders and/or local brewers in order to get land.
It is crucial to implement even existing laws on land. But the major issue is the land tenure system itself. If we do not address the root problem, the rights of women to land cannot be achieved.
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WHAT IS LOBBYING AND ADVOCACY
Genet Mitike, […TITLE…]
The goal of advocacy is to influence public policy to better shape communities. Advocacy is a dynamic process, in which you:
- Identify issues;
- Develop solutions;
- Build political will;
- Negotiate change;
- Evaluate the process and results of negotiation.
Forms of advocacy include:
- Lobbying;
- Targeted action campaigns;
- Litigation.
Lobbying involves political beliefs or causes by directly contacting legislators and their staff through phone calls, writing letters, meetings, receptions and/or other events, dinners and so on.
Targeted action campaigns are major focused efforts in support of an issue over a period of time. This builds and energises members of the campaign, builds relationships with other organisations and gains widespread involvement and/or support. To run a targeted action campaign:
- Decide what you want to accomplish;
- Identify targets for action;
- Create tactics;
- Get messages out;
- Locate and identify resources.
Begin early so that there is time to:
- Learn about the issue;
- Gather additional facts to support your position;
- Build coalitions;
- Educate the media; and
- Gain the support of the general public.
When speaking in public on an issue you are advocating for:
- Check the location;
- Arrive early;
- Know the audience and prepare/adjust accordingly;
- Make eye contact;
- Get to and speak on the key points;
- Use facts and quotes;
- Use personal stories to show the issue's importance;
- Keep it short;
- Repeat the main messages in the question and answer session.
When forming advocacy coalitions:
- Discuss your partners' their previous experience with coalitions;
- Negotiate shared expectations;
- Share the power and the work;
- Share openly how each group will benefit;
- Celebrate success;
- Plan for constant negotiation;
- Commitment, consistency and continuity are key.
A media plan for advocacy includes:
- Making a press list;
- Meeting with editorial boards;
- Preparing press kits;
- Preparing press releases;
- Writing letters to the editor;
- Writing opinion editorials (op-eds)
- Doing radio and television interviews;
- Preparing and airing public service announcements (PSAs);
- Holding press conferences;
- Making public speeches.
Discussion
Advocacy needs to be explained and translated because the words used to describe advocacy often have a negative connotation. Negotiation is a constant part of advocacy.
Group one: organisations involved in advocacy
- The media (there is a need to build capacity within the government media);
- Civil society organisations (which should play a substantive advocacy role, although many are located in the urban areas, many have limited capacity to engage in advocacy and most tend to lack sustainability);
- Women's organisations;
- Educational institutions;
- Professional associations.
Group two: the media's role and weaknesses in advocacy
The government (public) media tends to only be active in advocacy around non-controversial issues, such as children's and women's rights. However, they are afraid of advocating for democratisation and human rights. They need capacity building in this respect. And they need to coordinate their radio and television coverage with respect to advocating around a particular issue.
The private media tens to be sensationalist and work main for profit. They have limited advocacy capacity.
Alternative media, such as community radio, can (and do) play an advocacy role.
Group three: coordination of advocacy organisations and weaknesses thereof
Existing Ethiopian organisations engaged in advocacy include:
- Publications;
- Radio and television stations;
- Action Professional Associations (APA);
- Dawn of Hope-Ethiopia;
- DTK-Population and Social Marketing;
- EWLA; and
- National Committee on Traditional Practices of Ethiopia.
In general, the coordination among these organisations is weak so there is some duplication of efforts. In addition, they are not that strong, some lack accountability and they also tend to focus on their own areas of work. Coordination of advocacy efforts should be improved.
Tools of lobbying and advocacy
Strategically, the following must be identified and/or worked on:
- The credibility of the advocates;
- The issues of the day;
- Friends;
- Policies, laws and the responsible arms of government.
- Alliances with the media;
- The mobilisation of the public (including peasant and urban dwellers' associations, youth associations and professional associations).
Group one: international advocacy
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The point of this is to ensure that the international community:
- Feels the oppression of others;
- Gives support to the advocacy struggles within a given state;
- Takes necessary action;
- Advocates itself;
- Gives legal support to those within the state, if necessary.
Group two: lobbying and advocacy in Ethiopia
There has been lobbying and advocacy in Ethiopia around early marriage, education and HIV/AIDS.
With respect to early marriage, the marriage age was increased and there is a committee taking action to ensure this is implemented.
With respect to education, the enrolment of girls has increased as more schools have been opened.
And finally, with respect to HIV/AIDS, the government has been supportive by formulating a policy on HIV/AIDS. There has been a campaign on behavioural change, particularly with respect to harmful traditional practices that increase the risk of HIV infection (for example, trying to make circumcision illegal).
Group three: advocacy around women's human rights
Both civil society and the Ethiopian government have advocated on women's human rights by:
- Researching issues affecting women;
- Raising the consciousness of women and relevant organisations (through seminars, vigils and workshops);
- Lobbying for improvements in the law and law enforcement (through training of the police).
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