Part 2: Some important aspects
Land titling and tenure: the Philippines experience
Legal and administrative aspects of watershed resources management in Thailand
Three articles are included here to further highlight issues related to integrated watershed management. The article on review of gender issues is aimed at their integration into participatory WM programs. Taking the experience of the Philippines as an example, the article on land titling and tenure highlights the efforts being made and problems encountered in implementing this important key element of participatory processes for integrated WM. The case of legal and administrative aspects of watershed resource management in Thailand is included to demonstrate that a legal framework does exist to implement participatory watershed management. The legal framework today is fragmented as different resources fall under the jurisdiction of different sectors. However, with a coordinated effort and some revision, it can be synthesized to meet the requirement of watershed based development.
Celestine Krösschell1
1 Associate Farmers' Organization Specialist. PWMTA. GCP/RAS/161/NET. Kathmandu. Nepal.
ABSTRACT
Gender is defined as the socially and culturally constructed differences (as opposed to biological differences) between men and women. Gender divisions are learned behavior and change over time, as circumstances force communities to adapt to situations by changing gender roles. There are several myths that prevent women from getting involved in watershed management (WM) programs. Five myths are discussed: that women do only domestic work, that each member of the family shares benefits equally, that technology will automatically benefit both men and women equally, that a woman's voice will be heard through her male relatives, and that women are incompetent at certain activities. Women should be equal and active partners in watershed management. Both women and men have valuable knowledge, which should be incorporated in to watershed management programs in order to ensure their sustainability. Watershed management programs will not be successful if gender relations are not considered in all aspects of watershed management. Therefore, how to integrate gender in agriculture, forestry, soil and water conservation, income generation, training and extension, organization building, and participation, including benefits and empowerment, is described. This includes a discussion on the advantages and disadvantages of women's groups. Many examples are given to clarify how gender should be integrated in to WM. The following section deals with each component of a watershed management program, i.e. analysis of the situation, problem definition, decision-making and planning, implementation, monitoring and evaluation. Gender analysis tools are introduced and described here. In addition, a gender audit is suggested as a good way to explore if interventions are gender-sensitive. It should be ensured, of course, that any intervention is chosen by the people themselves. Finally, incorporation of gender in WM institutions is considered. In government, commercial and educational institutions three main strategies are needed. Firstly, the staff ratio, positions, facilities and prevalent attitudes need to be examined. Secondly, training in gender issues is required to be imparted in all institutions. Thirdly, the policies formulated and activities planned should be gender sensitive. In conclusion, some obstacles to mainstreaming gender and possible ways to overcome these obstacles are summarized.
INTRODUCTION
When we consider participatory watershed management and decide to follow a participatory approach, an important question arises: who are the participants? In this context it is important to consider diversity within a community, among community members and within households. One of the most important differences often overlooked is gender relations. Gender is defined as the socially and culturally constructed differences (as opposed to biological differences) between men and women. Gender divisions are learned behavior and change over time, as circumstances force communities to adapt to situations by changing gender roles. Thus gender relations are dynamic.
It is important to realize that gender is about men and women both, in relation to each other. Gender relations, take into account the different roles that men and women assume within a household and community. These roles determine men's and women's own specific perspectives, knowledge and needs, which in turn are linked to their assigned tasks within the household and the community. Yet, most often only men's perspective, knowledge and needs that are considered in WM programs. A key issue, therefore, is the division of labor along gender lines in participatory WM.
The objective of this article is to highlight gender issues and concerns, and to provide tools to develop ways and means of integrating gender into participatory watershed management programs and institutions.
WHY CONSIDER GENDER IN WATERSHED MANAGEMENT?
It is important to look at gender relations in any development program. WM programs will only achieve sub-optimal results if gender relations are not considered. In an analysis of 102 USAID projects, Carloni (In: Mehra, 1993) demonstrated that projects are more successful with women participation than without. Very often, women are overlooked by agriculture, forestry and watershed management programs, because of the narrow view held by male farmers and professionals of the work that women do. There are several myths preventing women from getting involved in development programs, institutes, training and extension activities, farmers' organizations etc. Five such myths are discussed below.
Women Do Only Domestic Work
There is an assumption that women do not contribute significantly to household income, agriculture, forestry or watershed management. It is thought that they are confined to household chores and child care (FAO, n.d.). Their farming, forestry or watershed management activities are either overlooked, or are classified as domestic works because they often deal with subsistence agricultural activities. In Nepal, the average women spends 47 % more time each day on on-farm activities than men i.e. about 12 hours and 8.2 hours, respectively (Acharya & Bennet, 1981). Women are often overlooked and invisible since they are not paid or are under-paid for the work. This is because most of their produce is for home consumption with little or no surplus for market. Professionals are often unaware of the full level and dimensions to which women contribute to agriculture (FAO, n.d.), forestry (Wickramasinghe, 1994) and other natural resource management (NRM) activities. Thus, the assumption that men alone contribute to support the family, does not hold. In addition, due to migration of men seeking wage labor, there is an increasing number of female headed households. In fact, the majority of farmers in mountain areas are female.
Each Member Of The Family Shares Benefits Equally
This myth assumes that the household is a homogenous unit where altruistic decision-making takes place. This assumption does not hold as female children are often deprived of education, nutritious food and engage in hard labor, whereas male children tend to be privileged. For instance, in North India women eat last and the least (Agarwal, 1994). Thus, the emphasis on individual family member becomes important in a household since they are not homogenous units (Swaminathan, 1996, Kabeer, 1994). In fact, numerous case-studies across the world show that income obtained by men is associated with consumption, whereas women tend to spend it on the family (Kabeer, 1994).
Technology Will Automatically Benefit Both Men And Women Equally
Information and technology is often targeted to men not women. Women may even be displaced by new technologies, which are utilized without considering their impact on women's employment and income earning activities. Furthermore, technological information through extension services is often channelled to the wealthy male farmers. Women are often not seen as clients by extension agents. In training too, women are not involved or lack the time to attend (Mehra,1993). In addition, technology is often designed for men, even if the work is traditionally done by women. Technology requirements of women may be different because they have different responsibilities in both the household and the management of natural resources. Technologies for 'women's work' are usually not considered, e.g. designing labor saving devices rather than designing technology to increase profits. Thus, women lack access to appropriate technology. It was for this reason, demands were made for the availability of appropriate technology to women in the agenda 21 meeting (Venkateswaran, 1994).
Woman's Voice Will Be Heard Through Her Male Relatives
Often male relatives serve as an intermediary with the outside world. When men participate in formal organizations, in which women are often not present, it is assumed that they will voice their wife's/daughter's/daughter-in-law s opinion. First, men may not have the specific knowledge that is required to make certain decisions or voice opinions. As men and women are assigned to different tasks, they acquire different skills and knowledge. Both are valuable. It is not realistic to expect men to be able to decide on typical women's tasks on which they have little knowledge. Second, there is no guarantee that women's needs will be regarded and will be taken as priority by men.
WOMEN'S NEEDS MAY GET SIDELINED: DRINKING WATER When there is a lack of drinking water, women are required to spend several hours a day especially during the dry season to collect enough for subsistence. This adds tremendously to their workload. The provision of improved drinking water supplies may not be prioritized by men because they do not fetch and contribute labor to collect drinking water. The drinking water issue may then get sidelined by formal institutions run by men, where women do not take part in decision-making. |
Women Are Incompetent At Certain Activities
Finally, it is sometimes thought that women are incompetent at certain activities. Such preconceptions were highlighted in several case-studies. For instance, husbands consider their wives ignorant because they are illiterate. Perhaps for this reason adult literacy is frequently requested by women as a priority activity in several projects in Nepal. It is also thought that only men are competent in meetings, public speaking, dealing with land matters etc. In many cases arguing women are considered to be like children (Rankin 1995). Another argument sometimes raised is that women are too shy to attend training and they first need to be more aware. Some think that women can only participate if they are educated. In such cases, the men fail to realize that their own consciousness raising is equally critical (Rankin, 1995). As Agarwal (1994) points out, to change the thinking that inequities suffered by women are not biological but social, requires struggle and challenging the notions about men's and women's capabilities and roles.
The above myths push women to a passive role in WM and other development programs. It is easy to overlook their contributions. However, failing to consult women on WM issues such as fuelwood, drinking water, seed selection and crop substitution, which are often a woman's domain, often left women worse off than before. All the benefits may be controlled by men, women may be displaced from their positions or activities, and their workload may be increased, as a result (Mishra, 1996).
Though, it is clear that both men's and women's participation is essential in WM programs, neither should be treated as mere beneficiaries. They should be equal and active partners in WM. Both women and men have valuable knowledge which should be incorporated in WM programs to ensure sustainability. Women's knowledge should not be left out, as it can contribute greatly to WM science and practice. It would save years of experimenting if women's knowledge was incorporated in research (Wickramasinghe, 1994). By incorporating gender relations, more specific diverse information can be obtained, participatory WM programs can be more successful and have a positive social impact on the entire household, and can make more efficient use of scarce resources (Wilde & Vianio-Mattila, 1995).
THE MYTH OF THE INCOMPETENCE OF WOMEN In a WM project, at an all-women leaders" meeting, the women exclaimed that some men argued that women could not do anything. Similarly, on a farmer to farmer exchange field visit which included many female farmer participants from another project, the chairperson said that the women in his area could not organize themselves. The local women present reacted angrily and protested that the men did not allow them to organize so how was it possible for them to organize themselves in such a situation?! In another illustrative case, men claimed that women could not distinguish among the rupee notes, in front of a store run by a woman, who protested against this assertion. (Rankin, 1995) |
TWO CASE-STUDIES IN WHICH GENDER WAS OVERLOOKED When potato farming was introduced as a cash crop in a large scale in the Almora hills, the income was misused by the male farmers, leaving the women and children worse off than when subsistence crops were grown Hoskins, 1996). In a watershed area of Nepal, forest land was declared protected, and local villagers were prohibited to enter. As a result, farmers especially the women faced serious problems. To collect the necessary firewood and fodder women were forced to work seven hours compared to the three to four hours in the past. They had to enter the forest at night to avoid the army (Wilde & Vianio-Mattila, 1995). |
HOW TO CONSIDER GENDER IN WM ASPECTS
Gender relations need to be considered in all aspects of watershed management. Since participatory integrated watershed management is multi-disciplinary and process-oriented it is difficult, if not impossible, to define exact stages or steps in how to include gender. However, it may be useful to look at the various aspects of watershed management and how gender relations play a role in each discipline. In this paper, the following WM aspects are considered: agriculture, forestry, soil and water conservation, income generation, training and extension, organization building (including all women's groups), interests and benefits, and empowerment.
Agriculture
It is well-known that in mountain areas, the majority of farmers are women. When men work outside the village on a short or long term basis, women become the heads of households. Although they may receive remittances, there is less labor available for agricultural activities which increases women s workload. In addition, women often do not have access to extension services, banks etc., which are not geared towards women farmers. Thus, it is essential to focus especially on women.
The division of labor, as mentioned before, is an important factor to consider. According to Dev Nathen (1995), various tasks that women perform and the resulting knowledge that women possess should be a starting point for any gender framework. The time spent on activities by men and women, their respective workload and contributions to income, are important to understand "who does what?" This will differ not only by gender but also by class and caste, as well as position within the household, as women are not a homogeneous group. Questions need to be asked such as, who decides on agricultural crop choice, who selects the seeds, who is responsible for fertilizer? In Nepal, in 60.4 % of the cases women alone decide what type of seed to select. Sale of vegetables is conducted primarily by women, while the sale of small animals is generally conducted by men (Acharya & Bennet, 1981 ), though women usually take care of livestock. In such a division of labor one can expect women to know more about seeds, for instance, than men; hence any seed improvement programs should be done in consultation with women rather than men only.
Introduction of commercial agriculture irrespective of women's preferences and needs may make the women and children worse off than their earlier system of diversified agriculture and may add to their workload. When looking at the division of labor, Kabeer (1994) points out that there is social interconnectedness within different production processes. In assigning men and women to their separate tasks, they also need to engage in relationships of cooperation or exchange in order to gain access to each other's products. "Decision-making control in critical stages or activities within the production process can have implications which spill over into other stages or activities". Thus women's activities are not isolated but are part of social relations of production. Therefore, one should not look only at static divisions of labor and tasks but also at their inter-linkages. The interdependencies between economic and social relations need to be considered.
Several authors show that in many cases women cultivate crops for subsistence while men prefer to cultivate cash crops. However, Jackson (1993) found that women were early adopters of cash cropping in Africa. It is likely that women are interested in cash crops but are constrained by many factors. Women often have limited access to outside resources. For instance, a woman may face constraints in marketing cash crops, because she does not have access to marketing contacts. There also tend to be many limitations on women's control of resources, both legally and socially this effects their options. A good example is land ownership.
In some parts of Asia, women are not free to dispose off land. For instance, in Nepal, only half of the inherited land is disposable, for the other half she needs to seek permission from her father (if she is unmarried) or adult sons (if she is widowed or separated). In some parts of Sri Lanka, married women need the consent of their husbands to sell their land (Agarwal, 1994).
However, in many cases women contribute labor and manage the land from day to day. Since women rarely own land or are restricted in their ownership, the control, i.e. the final decision of the use of the land, is men's domain. This constrains women in income-generation and food security, as well as in decision-making power. In many cases, men decide to grow cash crops; women are left with marginal lands to cultivate subsistence crops. Lack of control over land also means lack of a collateral for loans. Furthermore, women are constrained in making investments or in taking risks, which may prevent women to invest in increasing yield and sustainable agriculture. Even if women attempt management of the land in the absence of men, Agarwal (1994) found that in many cases there was pressure from relatives to forgo the activity. Land ploughing by women is socially prohibited. However, in societies where women own home gardens, they have developed a unique system of agro-forestry which provides them with products they need, including fodder and fruit (Wickramasinghe, 1994). Such systems are valuable because such knowledge can contribute tremendously to sustainable WM programs.
WOMEN'S ACCESS TO PROPERTY THROUGH INHERITANCE This, again, depends on locality. In Sri Lanka, for instance, a young couple can opt to marry and settle in the wife's home, thereby ensuring that the wife will inherit the land from her parents, (a binna marriage) (Lund, 1993). On the other hand, in many other countries, like Nepal, women are severely constrained in inheriting property, though the Pewaa system in Nepal does allow women to own property which can be transferable to her new marital home, e.g. goats. In India, although equal hereditary rights exist, women are often forced by families to forgo their hereditary rights in favor of their male kin soon after the marriage. As Agarwal 11994) describes, sisters give their claims to their brothers often under severe social pressure. |
In many cases, women's fall-back position has been reduced due to the replacement of customary rights, by exclusive male ownership, displacing women (Mehra, 1993). In the past, women were often the primary users of common property regimes from where they obtained the necessary resources. However, after colonial intervention or through government policies these regimes were changed to state land. Women thus lost their rights to use the resources and thereby lost their social security (Agarwal, 1994). Land scarcity has adversely affected women. Clearly, when bargaining over scarce resources, those in a weaker position loose (Agarwal, 1994).
WOMEN OBTAIN LEASEHOLD LAND In the Hills Leasehold Forestry and Forage Development Program in Nepal, both men and women obtained degraded forest land on a forty-year lease. In Nepal, land is normally owned by men. It was observed that women who obtained control over a significant piece of land gained in confidence and started to take active part in decision- making, even in male-dominated meetings. Men gradually saw the benefits that were obtained and changed their views on the need for women's contribution to the decision-making process. (Box & Sterk, 1997 ) |
For example, women who own even a small piece of land reportedly gained self-confidence, were treated better by their in-laws, obtained a greater part in family decision-making and did not need to feel helpless in front of husbands or sons (Agarwal, 1994).
Forestry
Women are often actively involved in forestry. Medicinal herbs are important for traditional healthcare and fruits and other forest products serve as food in dire times. Often elderly women in the community have a vast knowledge on nonwood forest products. Women use fuelwood, fodder, fruit and other products from the forest for survival.
In Bangladesh, trees grown on homesteads (women' s domain) provide 85 % of the wood consumed nationwide. Outside this arena, tree cultivation seemed to be men's domain. Reforestation schemes tend to target women for labor contribution only. Clearly, they should be ensured of benefits also, e.g. access to the products of the trees. When developing nurseries, both women's and men's choices need to be considered, as they differ according to their needs. Women will probably opt for multipurpose and fast-growing trees to meet their subsistence needs of fodder, fuelwood and food (Timm 1993 in Baden et.al.). The women's choices for certain trees depends on the maturity period of the product to sell, rather than subsistence motives (Nathen, 1995). Women are more interested in short term benefits, opting for faster yielding species, perhaps to secure the day to day running of the household. Men prefer, and can afford to prefer, long term investments with lumpy returns such as timber. If men alone were considered, the emphasis would likely be on timber.
JOINT COMMUNITY FORESTRY In a joint community forestry program, described by Wilde & Vianio-Mattila (1995). foresters at first consulted only men regarding the species of trees they desired. When the seedlings were planted, they did not survive because women traditionally took care of seedlings and they were not informed. In the second meeting, women were included. Foresters learned that women preferred tree species for their own needs, e.g. fodder and fuel, contrary to men's preference for hardwood for commercial purposes. Hence, both types of seedlings were provided and the women took care of all of them. |
Community forestry is increasingly implemented and has proven to be a successful approach to forest management. However, gender relations need to be considered in community forestry as well. Men may dominate users' groups, although women actually use the forest and contribute labor. Umans (1995) comments that in several cases, the female community forest committee was very active in protection and tree production, but distribution and marketing of products were still conducted by men. These are cases of the gender-based difference in access, management and control (the latter still resting with men, although women contribute labor). Encouraging women to organize for community forestry with men's cooperation has been successful in some cases (Acharya, 1993).
Soil And Water Conservation
Women may be constrained from making investments or taking risks, a fact which may prevent women from investing in improved sustainable agriculture. Similarly, women may not be interested in implementing conservation techniques, since they have no long-term interest nor social security from the land. Case-studies show that land ownership is a big incentive for farmers to engage in soil conservation activities (Sharma & Dixon, 1996) Thus, land ownership provides a long-term interest and security in the land. Property rights greatly enhance control, not only for collateral and security but also provide decision-making power, which otherwise rests solely with men. Such constraints need to be considered.
CONSERVATION TECHNIQUES IN THE PHILIPPINES In the Integrated Social Forestry Program in Cebu, the Philippines, the initial focus was solely on men, even though the subsistence agriculture was a collective household responsibility. When a farmers' association was created most members were men because membership was based on the land stewardship certificates (a kind of land use title) that were given only to the heads of households, presumed to be men. Information on soil conservation, tree planting, planting materials and other inputs were thus also given to men only. A few years after the project started, women, who had observed the new methods, started implementing some of the conservation techniques. Eventually the women urged project staff to create a separate organization for them. By this time the project staff realized that the exclusion of women from project resources was a serious limitation on its success (Borlagdan et.al. in: Mehra, 1993). |
The collection of drinking water is often a woman's job. Therefore they should be involved in decision-making over such issues. They should decide where to put pipes, taps, reservoir tanks in collaboration with a technician if needed. It is important to take different preferences into account if the facilities are appropriate (Baden et.al., 1994). A water management committee may even be mobilized for this purpose, not through force but through their own initiative.
Income-generation
Access to income seems determined by social and cultural norms rather than altruism. Kabeer (1994) argues that women's bargaining power is important in determining her ability to play an active part in decision-making. Bargaining and conflict within the household are particularly evident regarding the control over cash. Many women say they control income which they earn directly (Rankin, 1995). In addition, this seems to gain women's access to new social networks (Kabeer, 1994). Forms of resistance against male domination in controlling cash within the households are several. Agarwal (1994) mentions the selling of small amounts of grain by women to obtain some cash. Act of spirit possession is used to persuade husbands to comply to their wishes. Among the Tamang ethnic group in Nepal, the language of silence is practiced as a protest against decisions. Examples of women who keep secret savings stacked in their houses are common place. Women also help each other by giving small loans to each other in secret (Kabeer, 1994). In Nepal, in most ethnic groups, more women than men keep the household cash in their control; 47% women against 39% men (Acharya & Bennet, 1981).
In any development program, it is important to consider the constraints that farmers face in income-generation. Women's income-generation capacities are constrained by several factors: lack of access to capital, to property, to time and to markets. Women lack access to credit, since they may not own land or cattle. Many authors argue that access to capital is a critical need of women (e.g. Rankin, 1995). Credit and saving schemes can support rural people in access to capital. However, in Nepal, major household loans are decided primarily by men, although women are consulted and do not always agree with the final decision (Acharya & Bennet, 1981).
In addition because of their heavy workload women may lack the time for income-generating activities. Therefore, labor saving activities beside income-generation are equally needed. Focusing only on income-generation may result in a greater workload for comparatively little extra food and income. Women all over the world, especially the poorer women, have to balance their work and combine wage labor, income-replacing work with domestic labor. An increase in women's market participation often means a decrease in their leisure time (Kabeer, 1994), though Rankin (1995) observed that women sometimes say their increased workburden is worth the increase in income they obtained. To reduce the workload and at the same time increase income, appropriate technology can be developed. As described before, appropriate technology for women is often lacking. Acharya & Bennet (1981) offer some suggestions in this area: local grain processing, local oil presses, improved stoves, improved looms, drinking water system, improved food storage, improved composting, seed selection, and improved agricultural product processing.
Another important constraint is that women lack access to markets resulting from immobility due to their reproductive roles. In addition, they lack the time and the necessary networks (Kabeer, 1994). Rural women s relationship with the outside world is often through her male relatives. This includes access to economic institutions as well as to juridical and administrative bodies (Agarwal, 1994). There are cultural differences among regions: who markets the products, and who controls the money differs culturally. Women may be involved directly or indirectly in marketing products. For instance, in Bhutan women have obtained very strong marketing positions (Wilde & Viani-Mattila, 1995). In Bangladesh, women of lower classes, marginal groups, and small farmers are more directly involved in marketing vegetables than women from middle and large farm households (Nathan, 1995). In Nepal, Brahman/Chhetri men maintain connections with the market, while women do not have access to these channels. Markets are off-limits for these women (Rankin, 1995).
Archarya & Bennet (1981) recommend focusing on off-farm employment for women, such as cottage industry. For various reasons, women also seem to have an interest in such employment. In many cases in Nepal, women want to invest in handicraft production since this is easy to produce in between domestic tasks, the products can be stored easily, and they can be sold to tourists and others at a good price. However, there may be difficulties in selling and it needs substantial investment in order to open a shop. Such activities could be supported through training in marketing skills provision of loans etc. However, women's activities should not be limited to 'soft' sector, using simple technology and having low productivity, and low commercial value (Nathan, 1995). Women are interested and can be benefited from commercial vegetable growing also (see Rankin, 1995).
Extension & Training
Women may not have time to attend training, especially if they are heading a household on their own. They may be culturally constrained to go outside the village or even the house. A solution to this is to bring extension and training to the women. Dynamic local women should be recruited as trainers or extensionists. In conservative villages, they need to be mature married women, as they are well integrated and respected in the community. In other cases, young women may be more suitable, as they are more mobile (Archarya & Bennet, 1981) and better educated. An additional advantage of local recruitments would be their ability to communicate more effectively with the people, since they speak the local language and share the same background.
TRAINING MEN OR WOMEN? In a case-study, only men were invited to an agroforestry training on nursery skills, where in fact, women are the ones who engaged in homestead agroforestry. Thus, men were trained to do women s work and the survival rate of the planted seedlings was very low (Wilde & Vianio-Mattila, 1995). |
An important factor to consider is that men and women may need different training according to their tasks and needs. Men are used to public speaking, while women are not, and therefore may need training in such skills. Often more women are illiterate than men, therefore, women may need adult literacy classes. Such classes should be practically oriented so that women feel justified in taking the classes, as they are perhaps forgoing some of their domestic tasks. Such classes may include the reading, writing, and mathematical numerical skills needed to fill out a loan application, to read extension material, and to conduct business. Additionally, women could be equipped with skills that enable them to interact with government bureaucracies and structures. Adult education classes should be conducted at a time most convenient to women.
Organization Building
In farmers' organizations, as in other formal organizations women are typically underrepresented. It should be noted that at community level women are involved in informal institutions where they have informal networks for mutual help, while men tend to be engaged in the formal sphere. When facilitating the formation of users' or farmers' groups, the danger is that women are asked to participate in formal institutions, and thereby enter men's domain. Often they will have difficulty in speaking in public and participating in decision-making. Depending on the locality, women may not be allowed to participate in any formal gathering due to cultural constraints (Emphandhu et al, 1996). Even if they are allowed to be present during meetings, they may be inhibited to speak or if they speak men may not listen. The bargaining position of women in such institutions is limited not only because they are in men's domain, but also because they tend to have a weaker position within the household, they may not have any kin to support them in cases where they live away from their natal home, and the non-cooperation of women may not be seen as a great loss to the community as a whole.
Women also tend to be under represented in government institutions. In addition, there is not enough gender sensitivity within government bodies or educational institutions. Even women in high positions may not be gender sensitive, as they may also not be aware of the dominating (male-biased) culture, and conform to this culture to secure their position. It has been noted that even if women play a major role in peasant or environmental movements, men take over decision-making (Venkateswaran, 1994). Rural women's under-representation in community organizations and to government bodies means the political power of women is very weak. This is not to say that women are passive. Women have their own means of resistance, although they are very limited (Nathan, 1995). The lack of women in decision-making positions, means their voice is not heard, their valuable knowledge is not regarded, and their needs are not considered.
Enhancing participation within formal institutions such as a users' group through affirmative action, may not change the underlying power relations which structure gender relations. Usually women attend meetings but can not bargain for decision-making power (Umans, 1995).
Agarwal (1994) argues that women can gain bargaining power through women's groups (discussed below). It also depends on their supportive position which includes personal property, economic and social support from their family, her skills, and material and social support from outside the household and community.
All women's groups
Forming groups of women alone has been very effective in empowering women as they found solidarity and gain decision-making and negotiating power as a group. However, women's groups may isolate them further. But many case-studies show that women's groups can be successful in NRM, poverty alleviation etc.. One important contribution women's group formation can make is that it breaks women's isolation. Case-studies show that group formation results in a rise in group consciousness, articulation of common interest and growing solidarity. Where women are not used to speaking in public, women's groups may be essential to build up their confidence and overcome their shyness to speak. Another good reason for forming separate women's groups is that women are in their own domain, rather than on men's domain. All-women's groups allow women to make their own decisions and plans. They can then present themselves as equal to men through their own fund and income generation activities and thus they become empowered. In mixed groups, men tend to dominate decision-making, whereas in an all-women's group women can independently make decisions. Very often women have informal networks which can be used for capacity building. Once women's groups feel strong, they may be mainstreamed into mixed farmers' organizations, when women's confidence is built-up and society allows it. According to Agarwal (1994), another important long-term aspect is that the organization of village women can build economic and social support networks. As Kabeer (1994) argues, collective action is the most important transformatory resource at their disposal.
However, there may also be disadvantages to all-women's groups. It can be argued that it isolates women or causes an opposition of men against women. Focusing only on women's groups was not successful in the past (Umans, 1995). At the grassroots level, the same disadvantages can be there, for example, there can be a leadership problem if unmarried girls take up leadership. Once they get married they usually reside in another village. Same women feel that although saving and income-generation are beneficial, they require hard physical work (or culturally defined male tasks). Mixed group can help generate cooperation as both men and women can consult each other.
The key is whether men and women prefer mixed or separate groups. This may also be highly personal. Deciding on all-women's groups should ultimately come from the local people themselves. The ultimate objective of group formation is summarized well by Kabeer (1994). She writes that the organizational capacities among poor men and women are built through a conscientization process in order to mobilize themselves around self-defined priorities and concerns. The ability to do so depends on the social context and may require all-women's groups (or other underprivileged/homogenous groups).
WOMEN'S GROUPS IN A WATERSHED PROJECT IN NEPAL The Participatory Upland Conservation and Development project in Nepal observed that women's groups were often more successful and active than mixed or male groups (Ohler, 1997). The reason for this was that women groups made clearer financial statements: there was no conflict or problem with finances. Furthermore, women are responsible and faithful to one another. Even the male members of a mixed group preferred a female chairperson because women tend to have better organizational skills and more unity. By forming groups, women gained self-confidence, held frank discussions and got economic benefits. Interestingly, twelve women groups independently started a joint vegetable farming activity. Each group obtained a piece of land from more prosperous farmers, which they till either for rent or free during the off season. After collecting enough funds, they hope to buy the land. The land is thus managed by a group, which provides collective labor input. The profit from the produce sold is deposited in their groups funds. Not only does this provide the groups with their own funds, but it has also solved the food-scarcity problem as this activity gives off-season income. With earnings from the vegetables, the women feel that they have gained higher recognition and respect from the community. |
Interests and Benefits
Often benefits are seen in rather narrow economic terms. If there is some kind of return for investment, it is assumed there is a benefit. This leaves out important aspects such as workload, empowerment, autonomy, and social relations. But, are benefits merely a return for investment or profit? What are the objectives of the project in this regard? Whose interests are being served? In this context Molyneux's practical and strategic interests is a valuable concept (Kabeer, 1994). Practical interests are those of immediate practical use to women; strategic interests are those which raise more fundamental issues. Moser (1991) reformulated interests to include needs. Both should be considered. By considering men's and women s interests and needs, WM programs can ensure that both benefit. Here, a distinction should be made between tangible and intangible benefits. Tangible benefits are measurable, whereas intangible benefits are more difficult to measure in economic terms. Intangible benefits however, may be more important but are often overlooked. These include the gaining of analytic skills, social networks, organizational strength, or more abstract benefits such as support, solidarity, empowerment and autonomy. Intangible benefits can help women \to gain access to more tangible benefits. Thus, practical and strategic interests, as well as tangible and intangible benefits, are inter-linked. The struggle for better economic conditions is linked to the struggle for human dignity and self-respect, Agarwal (1994). In practice, at least initially, women may find it easier to formulate practical needs. However, as strategic interests cannot be ignored, these will also be requested. For instance, women may realize their interests may be better served if they start their own women's group to tackle more structural obstacles. It is ironic that many development programs have neither benefitted nor served the interests of men, women or the households.
Empowerment
A potential intangible benefit and a strategic interest for women and other disadvantaged groups is their empowerment. One important fact, sometimes conveniently shoved aside, is that empowerment is linked to power. Power in decision-making, control over resources, and negotiating power are all important in this context. Kabeer (1994) distinguishes between overt (visible) and covert (hidden) power struggles, as some power lies outside observable decision-making processes. Apart from an inter-personal basis, power also has an institutionalized basis, with rules and practices which appear non-negotiable. For instance, when women take up employment they are required to cut down on their leisure time or neglect their children. There is rarely a renegotiation of the division of labor, or of men's control over the household, land, capital and resources. Kabeer (1994) argues additionally that there may be a suppression of conflicts of interests in the consciousness of both parties. Women may see their limitations but do not see a way out because they are dependent on their marital family. For instance, women spend the resources they control largely on family needs (which may or may not include husbands), rather than on themselves. For the same reason, when women favor sons which apparently enforces the dominant gender relations, they are in fact securing their own future (Agarwal, 1994).
To facilitate empowerment several strategies can be used. Umans (1995) points out three: to increase women's involvement, the autonomy strategy, or by facilitating both genders. He warns that increasing women's involvement through integration of women's income-generating activities in to mainstream economies or integrating women into forest users' groups may not address underlying power structures. Women participating in committees are usually merely attending them and not bargaining for more decision-making power, he argues. He explains that the autonomy strategy is a strategy of forming all-women groups and committees. He questions if this will lead to social-cultural changes? Rankin (1995) found that all-women groups intended to use their groups as marketing mechanisms, and through planned and coordinated efforts, in fact, challenged the present market system. The third strategy Umans (1995) describes is what he calls facilitating both genders in a win-win situation. He emphasizes that the process of empowerment is for the good of the whole community, not at the cost of those at power, but rather increasing control of people's opportunities and lives. In fact, what he is suggesting is that the whole community and household should benefit, not only women. Building trust is a key to the successful gender sensitive interventions. Outsiders can build trust not by advising and teaching but by encouraging testing of technologies, by learning from the local people's indigenous knowledge, practices and organizations and by praising their capabilities. Here he raises a valuable point, which is often forgotten, that the essence of participation is creating a climate of questioning, reflecting, sharing, choosing, seeking and discovering from dialogue as opposed to focusing on outside messages.
Although a win-win situation, as Umans (1995) propagates, is of course preferable, is it always accomplishable? Strategies may have to be geared towards women in particular, especially where the majority of farmers are female. The same basic needs are addressed in conventional poverty alleviation programs, i.e. income, employment, and credit, the difference that participatory integrated WM should make is to identify and meet these needs while maintaining the productive potential of the resource base. Women's practical and strategic gender interests are not separate and dichotomous categories but are linked. Hence, both need to be addressed. Kabeer (1994), therefore, strongly argues for transformatory strategies to open up possibilities for women. Development agencies need to facilitate women to do their own identification and prioritization of needs, rather than presupposing what those needs are. They also should provide women with access to new kinds of resources. Agencies should examine how they themselves position women in strategies, as clients or as partners (Kabeer, 1994). On the other hand, men's and women's needs and interests do not need to be opposed. Finally, considering gender relations in participatory WM programs is in the interest of the farm household as well as the whole community. Healthy and strong individuals make stronger families, communities and nations.
HOW TO CONSIDER GENDER IN A WM PROGRAM CYCLE
The above issues can be investigated and integrated into participatory WM programs through various methods both at the field level as well as the institutional level. A participatory approach is first of all needed to ensure that women's voices are heard and their concerns, knowledge, needs, special requirements, etc. are considered in the participatory WM programs. Gender relations should be considered throughout the whole cycle.
Analysis Of Situation And Problem Definition
As gender differs by culture, it cannot be predetermined and needs to be analyzed. Gender analysis tools have been developed which can greatly help distinguish the different roles, tasks and responsibilities of men and women in WM.
Gender analysis tools
Several participatory tools have been developed and tested for gender analysis. They are similar to PRA tools, distinguishing specifically who does what-, -who has what-, who needs what-, along gender lines. Three such tools are discussed using three sources: gender analysis in forestry ((Wilde & Vianio-Mattila, 1995/FAO), PRA, gender and environment (IIED, 1995) and tools for gender analysis (Thomas-Slayter, 1993/ECOGEN).
Gender analysis in the forestry training package developed by the Forest, Trees and People Program of the FAO, focuses on access to management and control of natural resources, in particular related to forests. They have designed a framework with four steps for gender analysis. There are two versions of the framework, one for management-level trainees and one for field-level trainees. The management level framework includes the following: the development context, women and men's activities end roles, women and men's access to and control resources, and program actions needed. The framework offers some practical tools for investigating gender questions such as what is getting better and worse, who does what, who has what, who needs what and what should be done?
The IIED (International Institute for Environment and Development based in London) has developed a video called "Questions of Difference: PRA, Gender Environment, which demonstrates how PRA can be used to integrate gender differences. It shows case-studies in Pakistan, Brazil and Burkina Faso to accommodate different situations and cultures. PRA's were conducted separately with men and women on the same issues. The different results show clearly the different perspectives men and women have on natural resources due to their different roles and tasks. Thus PRA can be used to analyse gender and may even contribute to the empowerment of women if its results are used to develop watersheds for the benefit of men as well as women farmers and other land users.
Finally, the ECOGEN project has developed tools for gender analysis. It includes several useful exercises which can be used by facilitators in the field. Gender resource mapping is a valuable tool to look at "who does what". It distinguishes men, women and children as land user groups and clarifies the specific roles and division of control in the household. A map is drawn on which is indicated who contributes labor, who is responsible for and who has control over particular natural resources. Thus a visual picture of the division of labor and management of natural resources is drawn. The drawing could well be extended to a hamlet or village. A gender-segregated seasonal activities calendar distinguishes the workload and activities at a particular time. Benefits can be analyzed through visual mapping to show who has access to what, who contributes labor and who decides how products can be used. Specific trees or crops can also be drawn on the map. A focus group discussion allows for the community to comment and discuss on a specific topic. Such discussion can be used very effectively to triangulate data gathered. In this process, the information gathered from interviews or PRA's could also be discussed. Such discussion could provide a valuable exercise and possible actions that can create solidarity among participants.
Using these tools for gender analysis can be very beneficial for WM professionals, facilitators and local people. It helps to visualize a picture of the community based on their own knowledge and helps evolve discussions on what changes they themselves want and can make. If used properly these tools can contribute to a participatory farmer-led watershed management program. As with PRA, these tools should not be used for the benefit of the WM professional (the outsider) only. Too often, PRA data are reproduced in a report and left to gather dust. Ultimately the tools should be used to facilitate the local community in WM and to empower women to become involved. One should take note, however, that these tools are a means not an end. They should only be part of the process, not the process itself. It also does not guarantee that women will also benefit or will be empowered. Gender should be continuously incorporated in the process.
Decision-making and planning
In the planning phase it must be ensured that women participate in decision-making. For this, an environment which allows women to speak should be created. Women may be very withdrawn and shy to speak in front of men and/or in public. WM professionals and facilitators need to adjust to these circumstances. For instance, women facilitators may be needed to speak to women. Affirmative actions may be taken in the beginning, but this should not result into pushing women, e.g. to speak in public forums. WM professionals should support activities which are in the interest of women (and other disadvantaged groups), those controlled by them and benefiting them. Concern for children's welfare or health care in general, may have to form part of WM activities since such issues are in their interest. Women usually have the prime responsibility for child care and the sick.
A gender audit may be a good way to test if chosen interventions are gender-sensitive. Interventions should, of course, be chosen by the people themselves. The following audit is taken from Kabeer (1994):
1. What are the goals of the intervention? Are they shared equally by both men and women? If not what are the grounds for supporting the intervention?
2. Whose needs or potentials are being addressed through the proposed intervention? Who identified and prioritized them and who was consulted in designing implementation strategies?
3. Who is being targeted by the proposed intervention? Is the targeted group defined in generic, abstract terms, in gender specific or gender inclusive terms? Defined as household units or as individuals. How is the target group conceptualized: as producers, consumers, experts, agents, victims, clients, participants, beneficiaries?
4. What assumptions are being made by the intervention about the gender division of resources and responsibilities? What evidence is there that these assumptions are well-informed?
5. What resources are being made available through this intervention? Who is likely to have access to these resources, who is likely to manage them, and who is likely to control them? If extra responsibilities are entailed, are extra resources being made available to them?
6. What benefits or gains flow from this intervention? Who is likely to have access to them? Who is likely to manage them and who is likely to control them? Who is likely to lose from this intervention, which men and which women?
7. Does this intervention address women's strategic gender interests? Does it have the potential to do so and how can such potential be realized? What kinds of resistance is it likely to meet and how can they be dealt with?
Implementation
Rankin (1995) suggests creating a favorable context for changing gender beliefs that restrict opportunities for women by providing technical inputs to women and men on an equal basis and publicly demonstrating faith in the productive capacities of women. She further suggests creative planning of which she gives a striking example. A project director of a vegetable, fruit and cash crops project used participatory action research to learn the perspective of women. He also raised the idea of giving free seeds to anyone who would give a small plot of land to their daughter or wife to cultivate vegetables. In addition, it is clear that project staff working as facilitators should include women as well.
Monitoring and evaluation
Ongoing WM activities need gender sensitive monitoring and evaluation or gender assessment to see how men and women are actually benefiting (tangible and intangible) Gender analysis tools can be used for this purpose. Facilitators should be trained in gender analysis tools to be able to use them properly, as each method is only as good as its practitioner (Kabeer, 1994). WM activities should be monitored to assure their implementation, and retuned according to the result.
HOW TO CONSIDER GENDER IN WM RELATED INSTITUTIONS
The question now remains, how do we integrate gender concerns into WM programs at institutional level? In government, commercial and educational institutions three main strategies are needed. First, the staff ratio, positions, facilities and prevalent attitudes need to be examined. Institutions need to be made women-friendly so that they attract more women graduates, especially in government jobs; for this strong linkages between education and implementation agencies are needed. Women professionals also need to be sensitized and their constraints should be removed as they often work in institutional frameworks, which are male-biased. Men should be encouraged to recognize their responsibility for playing a key role in supporting women so that the impact of WM programs can be for the whole household rather than for men only. There is a need to introduce the "personal dimension: challenging the deeply entrenched attitudes and stereotypes about gender differences held by powerful decision-makers within planning institutions" (Kabeer,1994). Different institutional cultures, including gender as a power relation, should be changed at personal level and the organizational base of public bodies needs to be challenged (Kabeer, 1994). Secondly, training in gender issues are to be imparted in all institutions. Finally, the policies formulated and activities planned need to become gender sensitive.
Educational Institutes
In WM education curricula it is particularly important to raise awareness on important issues or areas where women often tend to be overlooked. Women facilitators should be trained as they are especially necessary in cultures where men are traditionally not allowed to speak to women. Gender analysis training are required to both men and women at all levels. Through education, attitudes can gradually and subtly be changed and gender concerns can be institutionalized.
Commercial Institutions
Commercial institutions, e.g. banks, also need to become more women-friendly. Women should get access to credit. In some cases, people have chosen to form their own banks to avoid the bureaucratic hassle, having to return many times to receive a loan and being treating with disrespect. Examples are SEWA (Self Employed Women's Association in India), Grameen bank (Bangladesh), and the Community bank (by CCODER, an NGO in Nepal), all of which cater specially to the poor, many of them women. In all cases the collateral constraint was resolved, e.g. through group security.
Government Institutions
In government institutions the lack of female staff makes it difficult to reach to the female farmers. Often it is said that women facilitators or field officers are not available because women do not want to work in the field or are unable to do work. However, in Nepal, several WM projects are successfully using female facilitators. Different provisions may need to be taken to enable women to go to the field. The Bagmati Watershed Project mostly works with female staff. They go to the field in groups, with at least one man attending also. In PUCD project women promoters from the communities themselves were trained to facilitate the mobilization and support to groups. In government departments, there may also be a lack of women because of a male bias. This is also true for training and promotion opportunities. Such a system clearly inhibits the integration of women staff in government departments. In this respect affirmative action may be helpful. However, better would be to create a system based on merit.
GRAMEEN BANK IN BANGLADESH The founder of the Grameen Bank, Prof. Muhammad Yunus found that established banks were very women-unfriendly. Therefore, when he initiated the Grameen Bank he made a provision that 50% of its loans should go to women. Now 94% of its clients are poor women. At first men were hostile against the idea of women having access to loans. However, when they saw that women were well able to control cash and earn an income, they gained respect. Thus gender relations improved. Commercial banks tend to think poor people are not credit worthy. However, Grameen Bank proved otherwise, with a high return rate of 97%. Groups of six people were formed as a social security. The Grameen Bank also found that women were better able to spend the loans in more useful ways and more productively than men. Women spent their money on food, health, children, home, and family matters. Therefore, the bank now concentrates mainly on women. (Vreeken, 1996) |
In policy and planning, activities with regard to gender and development should be considered (Umans, 1995). It is often found that planned activities which potentially benefit women are only given lip service; they are not taken seriously in male dominated institutions. Perhaps a gender audit for government and educational institutions would be a good idea to examine if the above issues are addressed seriously or not.
CONCLUSION
In conclusion, gender relations are an important issue in both participatory WM programs and WM related institutions. They influence and depend on one another. Gender relations are increasingly being accepted as a logical step in social soundness of participatory WM programs. However, many obstacles need to be overcome so that gender concerns are better addressed in these institutions. The concept of mainstreaming is often used to express the need for gender relations to become part of "mainstream" institutions and programs. This is potentially dangerous as some of the "mainstream" may have to undergo transformation. Therefore, Table 1 summarizes the main obstacles to mainstreaming gender and possible ways to overcome them, including transformative processes. This is most certainly not a complete picture, but it's a beginning.
It is concluded that the linkages between women's work and well being are complex. There tends to be a "magic bullet" mentality among policymakers, i.e. the idea that a single intervention can deal with such complexities as gender and poverty (Kabeer, 1994). Since gender issues may differ from location to location, a flexible and adaptive attitude is needed to learn about gender differences and to incorporate them into WM programs. It is essential for WM programs to integrate gender if they are to be successful. This will require effort at the institutional as well as the field level. Since gender concerns are often a result of a male biased society, culture and traditions, a long term planning of WM programs is essential if any serious dent is to be made on the gender issues.
REFERENCES
Acharya, H., 1993. Participation of women in the management of community forests in Gorkha, Nepal. A report submitted to the Nepal field office of the Save the Children Federation USA. pp 71.
Acharya, M. & L. Bennet, 1981. The Rural Women of Nepal. An aggregate analysis and summary of 8 village studies. The status of Women in Nepal, vol II: Field Studies, part 9. Centre of Economic Development and Administration, Tribhuvan University, Kathmandu, Nepal.
Adolph, B., 1996. Linking process to impact: The impact of participatory approaches to soil and water conservation in semi-arid South India. Background paper for the regional workshop Scaling up participatory approaches to watershed management; Challenges and opportunities. KVK (Deccan Development Society), Zahirabad, ICRISAT, A.P., Jan. 8-9.
Agarwal, B. 1994. A field of one's own: gender and land rights in South Asia. Cambridge University Press. pp 572.
Baden, S., C. Green, A. M. Goetz, M. Guhathakurta, 1994. Background report on gender issues in Bangladesh. BRIDGE (briefings on development and gender). Report no. 26. Prepared for the British High Commission, Dhaka.
Box, A. & A. Sterk, 1997. Women's participation in leasehold forestry. In: ASIAN WATMANET newsletter No . 10, Nepal. pp 9- 10.
Cleaver, F. & D. Elson, 1995. Women and Water Resources: Continued Marginalisation and New Policies. IIED.
Emphandhu, D. T. Lakhaviwattanakul, S. Kalyawongsa. 1996. A case of successful participatory watershed management in protected areas of Northern Thailand. In P. N. Sharma (edt.), Case studies of people's participation in Watershed Management in Asia, Part II: Sri Lanka, Thailand and Vietnam. PWMTA-FARM Field Doc. 5, FAO(UN), Kathmandu, Nepal. pp 21 -34.
FAO, n.d. A fairer future for rural women. Div. of Women and People's Participation in Development, SDD, Rome.
Fe d'Ostiani, L. & P. Warren (Eds.), 1996. Steps towards a participatory and integrated approach to watershed management. Interregional Project for Participatory Upland Conservation and Development. Field Doc. 1. Tunis, FAO/Italy. pp 204.
Fisley, C. P., 1994. State intervention and the destruction of a myth system: land colonization on the slopes of Mount Oku, Northwest Province of Cameroon. In: F. von Benda-Beckmann & K.F. Wiersum (coordinators). Pluroformity of community forest management systems.
Gamage, H ., 1996. A case-study of people's participation in traditional village tank systems in the dry zone of Sri Lanka. In: P.N. Sharma and M.P. Wagley (edts.), Case studies of people's participation in Watershed Management in Asia, Part I: Nepal, China and India. PWMTAWMTUH-FARM Field Doc. 4, FAO(UN), Kathmandu, Nepal. pp 1-10.
Hombergh, H. van den, 1993. Gender, Environment and Development; a guide to the literature. InDRA, Amsterdam/International Books, Utrecht. pp 175.
Hoskins, David. 1996. Letters to the editor, ASIAN WATMANET newsletter, March issue # 6, pp 10.
IIED, 1995. Questions of Difference: PRA, Gender and Environment. Video and manual.
ILO, 1994. Guidelines for the Integration of Gender Issues into the Design, Monitoring and Evaluation of ILO programmes and Projects. Evaluation Unit (PROG/EVAL), Bureau of Programming and Management. Geneva. pp 32.
Jackson, C., 1993. Doing what comes naturally? Women and Environment in Development. University of East Anglia, Norwich. in: World Development, vol. 21, no. 12, pp 1947-1963. Great Britain.
Kabeer, N. 1994. Reversed Realities: Gender Hierarchies in Development Thought. Verso, London/ New York.
Lund, R., 1993. Gender, locality and changing resource management practices; the dry zone of Sri Lanka. Gender Studies Occasional paper no. 5. Asian Institute of Technology, Bangkok.
Mehra, R. , 1993. Gender in Community Development and Resource Management: An Overview. Collaborative research report. Gender, Community Development and Conservation of Biological Resources. ICRW/WWF printed by USAID. pp 29.
Mishra, B. 1996. A successful case of participatory watershed management at Relegan Siddhi village in district Ahmadnagar, Maharastra, India. In P.N. Sharma and M.P. Wagley (edts.), Case studies of people's participation in Watershed Management in Asia, Part I: Nepal, China and India. PWMTA-WMTUH-FARM Field Doc. 4, FAO(UN), Kathmandu, Nepal. pp 35-47.
Moser, C. 1991. Gender Planning in the Third World: Meeting Practical and Strategic Gender Needs in: Changing Perception. Oxfam. pp 150-171.
Nathen, Dev ., 1995. A gender framework for resource management. ASIAN WATMANET newsletter, issue no. 5. Nepal. pp 1-4.
Ohler, F., 1997. Participatory WM in Gorkha, Nepal. ASIAN WATMANET newsletter, issue no. 10. pp 12-14.
Rankin, K. N., 1995. Social Soundness Analysis for Women's Participation in Market Access for Rural Development (MARD). ARD/USAID Nepal. pp 34.
Sharma, P. & J. Dixon, 1996. Watershed Management Policy Issues in Asia. In: P.N. Sharma & M.P. Wagley (Eds.). The Status of Watershed Management in Asia. 3rd ed. PWMTA-WMTUH-FARM Field Doc. 1, NET/UNDP/FAO, Kathmandu, Nepal. pp 1-6.
Swaminathan, M. S. 1996. Keeping the green revolution green. ASIAN WATMANET newsletter, issue No. 8. pp 6-7.
Thomas-Slayter, B., A.L. Esser, M.D. Shields, 1993. Tools for Gender Analysis: A guide to field methods for bringing gender into sustainable resource management. ECOGEN research project, Clark University.
Thomas-Slayter, B. & D. Rocheleau, 1995. Gender, environment & development in Kenya: a grassroots approach: a grassroots perspective. Lynne Rienner Publ. Boulder, London.
Umans, L., 1995. Gender sensitivity and the project. Project discussion paper 4. Nepal Hills Leasehold Forestry and Forage Development Project. Kathmandu. pp 7, 23.
Vreeken, R., 1996. Grameen proves that there is a market-solution to poverty; Muhammad Yunus of the successful bank for microcredits is enthusiastic about turn-around of Worldbank (in Dutch language), Volkskrant 24. p 4.
Wickramasinghe, A. 1994. Deforestation, Women and Forestry. INDRA, University of Amsterdam. Utrecht, International Books.
Wilde, V.L. & Vainio-Mattila, A., 1995. Gender analysis and Forestry. International Training Package. FAO, Forest, Trees and People Program.
TABLE 1: Ways to mainstreaming gender concerns
Obstacles to mainstreaming gender |
Ways to overcome the obstacles |
Attitudes |
· Demonstrate faith in women 's capabilities |
Lack of time due to high workburden, housework not shared |
· Minimize conflicts between their multiple responsibilities (economic, household, community and conservation) (Mehra,1993). |
Lack of access to resources, capital, institutes |
· Increase women 's economic independence |
Lack of education |
· By explicit attention to awareness raising and capacity building activities to learn new analytical skills and awareness (ILO, 1994) |
Legal aspects |
· Create better provision for land rights for women (Agarwal,1994) |
Policy and planning; women are absent from fore where decisions are made, powerlessness |
· Facilitate women to identify and prioritize interests and needs (Kabeer,1994) |
Jimmy. R. Escano1
1 Director, Bureau of Agriculture (BAR), Dept. of Agriculture, Diliman, Quezon City, Philippines.
ABSTRACT
While agriculture is seen as a major moving force towards economic development, the sector is set against a backdrop where there is widespread poverty and inequality in the distribution of wealth. Wide spread disparity in land distribution ensues landlessness and poverty, aggravated by the fast population growth. Based on a 1991 study conducted by the Philippine Peasant Institute, 75% of farmers who till the land do not own any land at all, while 20% of the rural population controls 80% of the total arable land. The highly skewed land distribution polarizes the peasants from the landed elite, sowing discontent among the farmer. It is in this context that several laws had been enacted in an attempt to change the agricultural scenario to minimize poverty and agrarian unrest in the rural areas. The provisions of these laws varied and had flaws which rendered them ineffective in bringing about equitable land distribution. The present agrarian reform law is still in the stage of implementation and its success remains to be seen.
This agrarian reform law is embodied in R.A. 6657 which was passed in 1988. This law is otherwise known as the Comprehensive Agrarian Reform Law (CARL). The coverage of CARL widened covering private and agricultural lands, regardless of tenurial arrangements and crops produced. Land ownership is limited to 5 ha, except for rice and corn lands which maintain a retention limit of 7 ha. The lands owned by original homesteaders and direct heirs can be maintained at 24 ha. Some lands are exempted from CARL such as those used for parks and wildlife, and religious purposes. The CARL provided for the distribution of about 10.3 million ha of land to 3.9 million beneficiaries.
The CARL is being pursued through the Comprehensive Agrarian Reform Program (CARP). To efficiently implement the program, a total amount of P50 Billion (US$ 1.923 Billion) was allocated by the government. This amount also covers the provision of support services to beneficiaries in the form of irrigation facilities, infrastructure development, public work projects, credit facilities, extension services, marketing and management assistance, support to cooperatives and farmers ' organizations, etc..
The beneficiaries of the CARP are categorized into two: qualified and other prospective beneficiaries. They include agricultural lessees and share tenants, farm workers, actual tillers of public land, collectives or cooperatives of the foregoing beneficiaries and others directly working on the land. Other prospective beneficiaries include rural women, retires of the Armed Forces of the Philippines and the Integrated National Police, rebel returnees and those who surrendered, and agricultural graduates.
Of the 10.3 million ha covered by the CARP, only about 31% of the land has been distributed so far. The reason for the slow implementation of CARP is, partly, due to the operational problems encountered by the concerned agencies such as the Department of Environment and Natural Resources (DENR). These problems are: inadequate budgetary support, lack of personnel, slow distribution of public alienable and disposable lands due to the expiration of the Free Patent Law in 1987, slow distribution of the Integrated Social Forestry (ISF) areas as a result of the devolution of the ISF program to the Local Government Units and failure to implement the New Land Records Management System.
Unfortunately, the slow implementation of CARP created disincentives to invest in the agricultural sector. As a result, the conversion of agricultural land to non-agricultural uses has been rampant. In 1994 to 1995 alone, there was an alarming rate of conversion of lands, 5.8% for rainfed lands, and 1% for irrigated lands. These lands were converted into residential and industrial estates. The rampant conversion accrues from the rapid growth of industrial cities in the provinces, and the exemptions granted under CARP. This activity, if left unabated, will have repercussion on the country's food security.
INTRODUCTION
The Philippines has a total land area of 30 million ha. Of these, 44% or 13.2 million ha are forested while 42 % or 12.6 million ha are devoted to crop cultivation. About 65% or 19.5 million he are either mountainous or upland. The country has great alluvial plains suitable for cultivation of various crops such as rice, corn, coconut, vegetables, legumes, rootcrops, plantation crops, and medicinal and ornamental crops. The major crops grown are rice, corn, and coconut which cover 75% of the total agricultural land area.
The country's agricultural sector remains at the forefront of the national economy. It contributes 20% of the Gross Domestic Product (GDP), 25% of the export earnings, and employs half of the total labor force. The major agricultural export products are sugar, banana, coconut products and pineapple.
While the agricultural sector plays a significant role in the nation's economy, it is alarming to note the downward trend in productivity growth. The growth in this sector in the 1980's posted only 2.1%, much lower than 4.8% achieved in the 1970's and lower than the population growth. The slowdown in agricultural growth could be attributed to decreasing farm productivity and the decreasing land area under crop cultivation. The decline in productivity, in turn, could be traced back to various factors, such as degradation of the agricultural resource base, low technology adoption, and low level application of production inputs due to their prohibitive cost, among others.
From 1993 through 1995, however, agricultural production inched its way up by posting 2.6% growth. The major source of growth was the livestock/poultry sector which shared an 8.93 % increase, followed by palay with 5.87% and by coconut with 4.05 %. Corn, on the other hand, gave a negative growth of 7.24% due largely to the conversion of corn lands to palay and high-value crops cultivation. The sugar industry, likewise, registered a negative growth of 12.13%, stemming from the conversion of sugarlands to nonagricultural uses. The slight recovery in the agricultural sector was brought about by various production programs which are being pursued by the Dept. of Agriculture (DOA) since 1992 to 1998.
While agriculture is seen as a major moving force towards economic development, the sector is set against a backdrop where there is a widespread poverty and inequality in the distribution of wealth. There is a wide disparity in land distribution which ensued to landlessness and poverty, aggravated by the fast population growth.
Based on a 1991 study conducted by the Philippine Peasant Institute, 75 % of farmers who till the land do not own any land at all, while 20 % of the rural population controls 80% of the total arable land. The highly skewed land distribution polarized the peasants from the landed elite, sowing discontent among the farmers. It is in this context that several laws had been enacted in an attempt to change the agricultural scenario to minimize poverty and agrarian unrest in the rural areas. The provisions of these laws varied and had flaws which rendered them ineffective in bringing about equitable land distribution. The present agrarian reform law is still in the stage of implementation and its success remains to be seen.
THE AGRARIAN REFORM PROGRAM
Past Programs
Expropriation of large estates and resettlement
During the early years of the American regime (1889-1946), several land reform programs were already implemented. One of the programs adopted was the expropriation of friar lands acquired during the Spanish colonial period, which were then sold to Filipinos. Another was the resettlement of tenants on public lands. These measures, however, did not benefit the peasants, since the expropriation lands were bought by the Chinese and Chinese mestizos. Moreover, the cadastral surveys and land registration involved in homesteading gave rise to opportunities for land-grabbing.
Rice Share Tenancy Act (1933)
To cope with the mounting agrarian unrest, the Philippine legislature in 1933 passed the Rice Share Tenancy Act. The act provided for a 50% sharing of the crop, and interest rate ceiling of 10% per year, and safeguard against arbitrary dismissal of tenants by landlords. This law, however, took effect only in provinces where the majority of the municipal councils would petition, through resolutions, for its application to the Governor General (the highest governing official during the American regime). Similarly, this law and its amendments were rendered ineffective by landlords' resistance.
Agrarian policies under the commonwealth period (1935-1945)
Agrarian policy initiatives during the Commonwealth period were heavily influenced by the preceding American land reform policies. These were focused on resettlement and tenancy regulations, anti-usury law, organized land settlement in Mindanao for the landless of Luzon and Cebu, issuances of free patents to hometraders on cultivable public lands and a landed estate policy (which provided funds for the negotiated purchase of large holdings for resale to tenants). However, actual tillers rarely became owners as they were subtenants and had no recognized tenancy rights. Those who acquired purchased rights, mostly could not afford to keep them, thus sold the rights despite a law prohibiting such transfer.
Agricultural Tenancy Act and Land Reform Act (1950's)
In view of the failure of the land reform programs that had been implemented, the peasant rebellion escalated. To arrest the mounting insurgency problem, the subsequent administration adopted other forms of agrarian reform programs aimed at enforcing fair tenancy practices and expropriation and redistribution of large estates. Again, these laws were met by strong resistance from landed interest in Congress and the landlords. Further, the implementation of the law was made weak due to inefficient administration and inadequate financial backing.
Agricultural Land Reform Code (1963)
A major headway in agrarian reform administration was made with the enactment of the Agricultural Land Reform Code in 1963. This code was made distinct from the earlier law with the provision of a major program for increasing productivity. To achieve the goal of high productivity, the code provided the creation of two government agencies with the respective responsibilities of providing credit and technical extension services to small landholders.
The major thrust of the code was the creation of owner-cultivatorship in rice and corn lands which involved two steps. The first, "Operational Leasehold" which converted share tenancy to leasehold tenancy with rent fixed at 25 % of the average harvest for three normal years preceding the operation. The second, "Operation Land Transfer" which was aimed at transferring landownership to tenants.
One of the drawbacks of the program was its limited scope, that is implementation was piloted only in Luzon where insurgency was concentrated. Besides, there were flaws in the Code itself, like providing no sanctions against evasion through transferring land use or transferring ownership to family members. Moreover, the law excluded lands planted to sugar, coconut, fruits, and other crops. Finally, the law also stipulated that the then National Land Reform Council should first declare all government agencies dealing in land reform fully operational in a region before implementation could begin. This led to much delay in implementation.
The Code of Agrarian Reform (Republic Act 6389)
R.A. 6389 was passed in 1971, providing for the automatic conversion of tenancy to leasehold tenancy in all areas of the Philippines. The new code also provided for the regulations covering interest rates and the sale of farm animals and implements as well as the conversion of agricultural land to other uses. In Addition, the retention limit of 75 ha contained in the preceding law was reduced to 7 ha.
Agrarian Reform (Martial Law Years, 1972-1986)
R.A. 6339 was widened in scope with the passage in 1972 of Presidential Decree (PD) No. 2, which declared the entire country a land reform area. The decree was later followed by PD 27, declaring tenants in rice and corn areas "deemed owners" of the land they were tilling. A system was established whereby some tenants could begin to purchase their farmlands in installment, while others, who remained tenants would be shifted from share to fixed-rent leasehold tenancy.
The agrarian reform laws then covered a total of only about 1 million ha or 24% of rice and corn area, and 12 % of the total physical farm area. These figures did not include landlord evasions through transfer, sale or mortgage of the land, and conversion of rice and corn area to other crops or to non-agricultural use.
The other major shortcoming of PD 27 was the high land retention limit of 7 ha which was too high compared with the average farm size. The limit was often evaded by registering excess holdings in the names of relatives and friends. Moreover, the decree applied only to tenanted rice and corn areas, exempting land under the direct administration of landlords, and land used for cash crops such as sugar. This induced the landlords to expand areas under their direct management by evicting tenants under the guise of voluntary submission of land from tenants to landlords or to plant sugarcane in paddy land. Finally, the landed elite connived with local officials to invalidate the effect of land reform programs.
The major defect of the program was the lack of support services to new landholding and the rising prices of agricultural inputs. This caused some landlords to sell their lands.
Throughout the program's implementation 755,172 ha were issued Certificates of Land Transfer (CLTs),out of which only 11,197 ha were covered by Emancipation Patents (EPs) which were then issued upon full payment by the farmer-beneficiaries. Share tenants, numbering 350,750 were transformed into lessees. This number was only 8% of the target.
The Present Agrarian Reform Program
Provisions
The present agrarian reform law is embodied in R.A. 6657 which was passed in 1988. This law is otherwise known as the Comprehensive Agrarian Reform Law (CARL). The coverage of CARL widened to include private and agricultural lands, regardless of tenurial arrangements and crops produced. Land ownership is limited to 5 ha, except for rice and corn lands which maintain a retention limit of 7 ha, and lands owned by original homesteaders and direct heirs which can be maintained at 24 ha. The law allows landowners to allocate 3 ha each to qualified children who were 15 years old as of June 15, 1988 and who were actually tilling or managing the farm.
Lands exempted from CARL are those that are used for parks and wildlife, forest resources, national defence, penal colonies, burial grounds, religious purposes, fish sanctuaries, educational purposes, research and quarantine centers, and all lands with slopes > 18%. The CARL provided for the distribution of about 10.3 million ha of land to 3.9 million beneficiaries.
Implementation
The CARL is being pursued through the Comprehensive Agrarian Reform Program (CARP). To efficiently implement the program, a total amount of P50 Billion (US$ 1.923 Billion) was allocated by the government. This amount also covers the provision of support services to beneficiaries in the form of:
· Irrigation facilities
· Infrastructure development and public work projects (access trils, mini-dams, public utilities, marketing and storage facilities)
· Liberalised terms of credit facilities and production loans and
· Extension services, marketing and management assistance, and support to cooperatives and farmers' organizations.
The CARP will be implemented in three phases.
Phase I (1988-1992)
· Rice and corn lands
· Idle, abandoned, voluntarily offered, sequestered and foreclosed lands
· Public lands that are devoted to or are suitable for agricultural purposes, and
· Public lands under lease, growers or management contracts with multinational companies (MNCs) and private individuals with land holdings exceeding 1,000 and 500 ha limits allowed by the Philippine Constitution for corporations and individuals, respectively. This land type was expected to be fully expropriated by 1991.
Phase II
· Private lands with sizes between 24-50 ha
· Alienable and disposable public lands
· Public lands under agro-forest, pasture and agricultural leases
· Public lands that can be opened for development and resettlement and
· Public lands under lease, growers' or management arrangement with MNCs and individual entities whose areas do not exceed the 1,000 and 500 ha limits.
Phase III
· Private agricultural lands between 24 and 50 ha retention limit
· Commercial farms devoted to livestock, poultry and swine projects, acquaculture, saltbeds, fishponds, prawn ponds, orchards, vegetable farms, cutflower, coffee, cacao, and rubber plantations
· New commercial and corporate farms
· Corporate farms
· Private lands under lease, growers' or management contracts with MNCs.
The law, however, provides that corporate farms may be exempted from reform so long as they convert their land value into stocks whose area sharers will be divided among its workforce. MNCs, on the other hand, have the option to operate either under the original terms of the contract for the next 10 years or until the expiration of the said agreements even if the beneficiaries of the affected lands have already been identified as long as they have not decided on the status of their lands.
While medium-sized farms covered in the last phase of the program will be redistributed starting on the fifth year, the remaining lands, all of which are large farms or plantations, can continue their production activities under the existing modes for the next 10 years provided that these enterprises practice production and income-sharing schemes.
Beneficiaries
The beneficiaries of the CARP are categorized into two: the qualified and other prospective beneficiaries.
Qualified beneficiaries (in order of priority)
· Agricultural leasses and share tenants
· Regular farm workers
· Seasonal farm workers
· Other farm workers
· Actual tillers of public land
· Collectives or cooperatives of the foregoing beneficiaries
· Other directly working on the land
Other prospective beneficiaries
· Rural women
· Retires of the Armed Forces of the Philippines and the Integrated National Police
· Rebel returnees and surrenderees
· Agricultural graduates
The regular farm workers employed in commercial and corporate farms are entitled to I % of the farm's agricultural produce on top of the basic income.
The land reform beneficiaries will be provided the necessary support services of the government. Landowners, who will be affected by the reforms will be entitled to services particularly information regarding investment ventures. These includes investment information, financial and counseling assistance, programs and schemes for exchange and marketing of government bonds as well as other investment ventures for rural industrialization.
Progress of the CARP Implementation
Of the 10.3 million ha covered by the CARP, only about 31 % of the land targeted for distribution has been accomplished. Some 1.5 million ha of private agricultural lands (50 ha and below) are still to be distributed to beneficiaries.
The reason for the slow implementation of CARP is, partly, due to the operational problems encountered by concerned agencies such as the Department of Environment and Natural Resources (DENR). These problems are:
· inadequate budgetary support,
· lack of personal,
· slow distribution of public alienable and disposable lands due to the expiration of the Free Patent Law in 1987,
· slow distribution of the Integrated Social Forestry (ISF) areas as a result of the devolution of the ISF program to the Local Government Units, and
· failure to implement the New Land Records Management System.
The slow implementation of the CARP has created disincentives to invest in the agricultural sector. The uncertainties brought by the slow pace of implementation reduced the collateral value of land and reduces the flow of credit to the sector. Banks are limited to extend loans to farm owners where lands are covered by CARP for fear of land redistribution.
With the CARP, the conversion of agricultural land to non-agricultural uses has been rampant. In 1994-1995 alone, there was an alarming rate of conversion of lands, 5.8% of rainfed lands, and I % of irrigated lands were converted into residential and industrial estates. The rampant conversion accrues from the rapid growth of industrial cities in the provinces, and the exemptions granted under CARP. This activity, if left unabated will have repercussion on the country's food security.
REFERENCES
Adrian, L. 1991. Agrarian Reform and Rural Development, Philippine Rural Development: Problems, Issues, and Directions: UPLB Rural Development Study Tour.
Department of Agrarian Reform. 1992. Manual on Agricultural Reform Modules, Communication Support Division, Bureau of Agrarian Reform Information and Education.
Congressional Commission on Agricultural Modernization. 1996. Draft Report of the Standing Committee on Institutions/ Bureaucracy.
Philippine Statistical Yearbook. 1994. National Statistics Coordination Board, Makati City.
Amnat Wongbandit1
1 Professor, Faculty of Law, Thammasat University, Bangkok 10200, Thailand. This article was originally written for the Watershed Management Symposium, FORTROP'96 organized by the Faculty of Forestry, Kasetsart University, Bangkok, in Nov., 1996. It is reproduced here with the permission of the author and the Faculty of Forestry of the Kasetsart University, Bangkok.
ABSTRACT
It has been commonly recognized that all resources in a particular ecosystem are inter-dependent which means the natural resources management would have to be carried out as an integrated manner. A watershed should be used as a unit for such purpose as all the resources in this area often constitute a gradual continuum of an ecological system. To achieve sustainable development of a watershed, a proper legal and administrative framework is indispensable. On legal aspects, Thailand has a large number of laws governing the utilization, management, development and conservation of natural resources. But there is no comprehensive legislation dealing with this matter. Each resource is rather governed by specific laws. The enactment focuses on the use and protection rather than management of natural resources. Thus, some laws constrain management, e.g. land use control goes by the boundaries of towns not of a watershed, law enforcement may be problematic such as in forest reserves, and there is almost an unlimited right to use water resources with only few regulations. Despite this, it does not always mean that the laws obstruct the systematic management of watershed resources since the officials concerned are vested with a wide range of powers to create conditions to accommodate for such management. However, whether they want to do so and whether the law is properly enforced, is another matter. Being aware of this problem, the government issued a national policy concerning resources utilization, development, management and conservation in river basins and also created a number of committees for coordinating plans and projects of relevant government agencies. However this effort still falls short of full success. There is a tendency in government agencies to want to expand their functions and power to acquire more budget. There is also a lack of a common master plan. There is also no coordination among departments and no staff for coordinating bodies. In addition, the local administration is assigned only to unimportant things. No law in Thailand specifically deals with management of watersheds as an integrated whole. The success or failure depends on the willingness of the government agencies and officials to implement proper plans and projects and cooperate with one another. To avoid conflicting plans and projects, proper policy and institutional arrangements are necessary. Moreover, what is needed is, in fact, a revision of some of the laws and the enforcement of the rest.
INTRODUCTION
It has been widely recognized that all natural resources, soil, minerals, water, flora and fauna, in a particular area are interdependent and constitute one ecological system. For example, watershed or river basin is an ecosystem with physical unity whereby activities carried out in one area could affect the utilization, management and conservation of resources in another area within the same river basin. This leads to the concept that if the well-known concept of "sustainable development" is to be achieved, the resources of a watershed would have to be utilized, developed, managed and conserved as an integrated whole. This calls for proper legal and administrative arrangements to manage the watershed resources. This article focusses on the two primary issues: firstly, laws concerning watershed resources utilization, development, management and conservation and secondly, organizations relating to the same.
LAWS FOR WATERSHED RESOURCES MANAGEMENT
It should be pointed out that in Thailand there has been no comprehensive legislation governing the utilization, development, management and conservation of natural resources but they are regulated by a large number of laws each of which in general tends to address only single resource issues. Another point that should be kept in mind is that the enactment of laws under the discussion does not appear to be based on the concept of watershed resource management but the purpose of such enactment focuses on the use and protection of a particular type of resource without paying attention to other resources located within the same river basin. It is therefore quite interesting to know whether the existing laws would obstruct or facilitate the management of watershed resources.
Laws Concerning Forest and Wildlife
Laws concerning forest and wildlife may be divided into two categories. Firstly, laws concerning the economic exploitation of forest resources include: the Forestry Act 1941 which regulates the types, sizes and locations of trees to be cut and types of wild products which can be collected; and the Forest Plantation Act 1992 which encourages private investors to grow trees for commercial purposes. The second category of laws are primarily intended to protect forest and wildlife. They include the National Forest Reserve Act 1964, the National Park Act 1961, the Conservation and Protection of Wildlife 1992 which authorize the government to designate certain areas as forest reserves, national parks and wildlife sanctuaries respectively. Entry into such areas is controlled by the government officials but in practice, only the national parks and wildlife sanctuaries are under the strict control of the government.
These laws do not have provisions which prescribe the utilization, development, management, and conservation of the resources in a river basin or watershed. They instead leave ample room for the officials concerned to decide what conditions or subordinate laws should be created to achieve the objectives of the enactment of such laws. It means that the officials concerned can use their powers to systematically manage the resources of a watershed.
However, it should be noted that the mere reliance on laws concerning forest and wildlife resources is not able to properly manage watershed resources due to some existing constraints. For example, the scope of application of such laws is rather limited since they apply only to forested areas, forest reserves, national parks and wildlife sanctuaries. These do not cover the majority of the areas of Thailand. In fact, some of the resources within forest areas are being exploited under other legislation. In addition, law enforcement is a major problem as evidenced by the fact that there are a large number of people living in forest reserves, national parks and wildlife sanctuaries.
Laws Concerning Land and Soil
Laws concerning land and soil address three key issues; acquisition of land, land use control, and soil conservation. The Land Code contains provisions describing how an individual can acquire land and procedure for the same. But, the Code has no provision concerning land use and soil conservation. In other words, private landowners under the Code are entitled to use their land as they see fit which of course, could hamper efforts to manage watershed resources. In addition to the Land Code, land may also be acquired by private persons under the National Forest Reserve Act 1964, Allocation of Land for Living Act 1968, Agricultural Land Consolidation Act 1974, and Agricultural Land Reform Act 1975. Although these acts prohibit the use of land for purposes other than agriculture, the scope of their application is quite limited and they do not go far enough to specify what part of land should be used for what kind of agriculture or crops. Nor do they require landowners to carry out soil conservation. However, the soil conservation issue is addressed by the Land Development Act 1983, but the Land Development Committee and its Secretariat established by the Act have no power to force landowners to comply with good practices of soil conservation. Thus, land use control and soil conservation are not easily carried out by relying only on the powers of the officials concerned with enactment of such acts.
The land use could be controlled under the Town and Country Planning Act 1975. It authorizes local administrations such as municipalities, sanitary districts, departments of town and county planning to prepare and enforce land use plans within their jurisdiction. However, in practice land use plans are usually prepared and implemented within cities or urban areas only, and the boundaries of such plans tend to follow administrative boundaries instead of watershed boundaries. Thus, the Town and Country Planning Act may not be able to fully accommodate proper management of watershed resources.
Laws Concerning Water Resources
Water in water courses
Water in water courses in general
Water in water courses in general, is free to all persons in Thailand as Section 1304 of the Civil and Commercial Code states, inter alia, that waterways and lakes are properties for the common use of people. The free water concept seems to be based on the perception that running water was difficult to own, water was indispensable for maintaining life, and water was still abundant when the Section 1304 was promulgated. This perception sounded reasonable in the past, but today its application without limitation would constrain the sustainable development of water resource in the country. Once water resource is freely accessible to everyone in society coupled with the growing number of population as well as the expansion of economic development, all water users would race for exploiting water resources as much as possible. If they do not do so, somebody else will do it. This of course, would accelerate the water resource consumption rate beyond an acceptable point and lead to social, economic and political chaos.
Some limitation on water use is imposed upon riparian landowners by Section 1355 of the Civil and Commercial Code which states that "a riparian landowner has no right to withdraw water in the amount exceeding his reasonable need to the prejudice of other land abutting the same waterway". This provision is intended to prevent one riparian landowner from causing damage to another landowner down-stream along the same watercourse. The adoption of this provision seems to be appropriate when the types of water uses are not complicated and the number of water users is not high since it is not difficult to identify which riparian landowner causes the exhaustion of water. Nowadays, the number of riparian landowners, however, is so large that it is very difficult or impossible to pinpoint a particular landowner causing damage. This problem is further exacerbated by the non-existence of proper devices or technology for monitoring water withdrawal.
Another problem with Section 1355 is the "reasonable need" test which looks fine in principle since the withdrawal of water exceeding reasonable need should be stopped to promote beneficial use and to prevent damage inflicted upon other water users. This test nevertheless may create some difficulty due to ambiguity in its definition. Conflicts also arise from competing water use e.g. in Chao Phraya River Basin. Sometimes, difficulties can be caused even by the withdrawal of water not exceeding reasonable need as the number of users can far exceed the capacity of a water course.
Apart from Section 1355 mentioned above, the uses of water in water courses in general, are also subject to the regulation of the Private Irrigation Act 1939. This Act governs the operation of irrigation projects which are divided into three categories: Personal Irrigation; Peoples' Irrigation; and Commercial Irrigation.
The Private Irrigation Act is also vague since it seems to enable the government to regulate water use as found fit but in practice, it plays a minimum role in systematically regulating the management of water resources. This is because it applies only to the use of water for agriculture on only certain sizes of lands.
Thus, from this discussion it is clear that all persons seem to have almost unlimited right to use water in water courses in general, subject to only few regulations. This is not very conducive to the sustainable development, management and conservation of water resources in the country as a whole since it is impossible to identify the scope of water rights of each and every person. As a result, persons having economic and political clout would reap most benefits from the unclarity of water rights.
Water in water courses in irrigated areas
The uses of water in water course areas and irrigated areas by government projects, especially those under the jurisdiction of the Royal Irrigation Department (RID) are regulated by the Royal Irrigation Act 1942. In regulating water use, RID usually develops an irrigation system for conveying water to a particular area which is called an "irrigated area". Water courses, either natural or man-made, used for an irrigation purpose also are designated by the Minister of Agriculture and Cooperatives as "irrigation canals". Once a water course is designated as an irrigation canal, the official concerned may according to Section 35 of the Act, prohibit any one from withdrawing or using water from the water course if such withdrawal or use would cause injury to another person. The irrigation canal gate, according to Section 25, can be closed or opened only by the official concerned. This indicates that the use of water in irrigation canals is actually under the control of RID.
Although the Royal Irrigation Act equips RID with all powers necessary for the systematic utilization, development, management and conservation of water resources in irrigation canals RID in practice, is not actually able to control the use of head waters which are either under the responsibility of other government agencies or freely accessible to water users. Besides, law enforcement is another major obstacle to be overcome by RID.
Diffused runoff
Diffused runoff in this paper means runoff diffused across land which is not a water course. The control or use of diffused runoff is subject to Section 1339 of the Civil and Commercial Code which stipulates, among other things, that water needed for and naturally flowing into lower land may be retained by the owner of high land only in the amount needed for his land. Section 1339 does not address who owns the diffused runoff as the nature of water is quite elusive. What is needed is to specify who has the right to use this water. Similar to Section 1355, the reasonable need test is found in Section 1339 which leads to same pitfalls.
Ground water
The use of ground water within or outside irrigated areas is regulated by the Ground Water Act 1977 which according to Section 16, requires permits for those who want to extract ground water. The Minister of Industry may issue a ministerial regulation setting up free ground water use. The Ground Water Act which regulates its use and extraction seem to be more advanced than surface runoff regulating acts from the point of view of the government. Legally speaking, the government has almost total control over ground water across the country. However, the Act still faces some problems, especially as it is unable to control ground water extraction by various government agencies and state enterprises, unable to protect aquifers from being polluted by some activities, and unable to integrate surface and ground water use.
In brief, the laws concerning water resources in general, has given power to government agencies, particularly RID, to regulate water used only in some areas while the remainder is freely accessible by all water users. This could hamper the proper allocation of water in a river basin. To aggravate the situation even further, the laws concerning water resources do not apply to activities on land which affect the management of water resources in a river basin.
Laws Concerning Fishery
Fishery in Thailand is subject to the Fishery Act 1947. This authorizes the government to regulate methods, seasons and places of fishing as well as other related activities. The Act also prohibits any person from polluting fishing grounds without permission. While the government relies on this Act in managing aquatic resources, but in fact the success or failure of this task also depends on how other activities on land affecting water quantity and quality could be regulated.
Environmental Protection Laws
The environmental protection in Thailand is addressed by a large number of laws. However, the legislative framework is provided by the Enhancement and Conservation of National Environmental Quality Act 1992 (ECNEQA). This Act addresses several interesting issues such as the creation of National Environmental Board, Pollution Control Committee and Environmental Fund, issuance of environmental standards, requirement of environmental impact assessment report for some projects, decentralization of environmental planning to provincial and local officials and people, designation of pollution control areas and environmentally protected areas, imposition of strict liability upon the owners or possessors of pollution sources, and promotion of measures for environmental protection.
Since ECNEQA only lays down some general principles for environmental protection, it needs help from other laws and several government agencies to carry out detailed works and plans. For example, to protect forest and wildlife, we have to resort to laws concerning Forest and Wildlife already discussed earlier. Cooperation from government agencies enforcing such laws are also needed.
From the above, it is concluded that no law in Thailand is issued to specifically deal with the management of watershed resources as an integrated whole, but each law in general usually addresses each specific kind of resource and at the same time the law gives some power to the officials concerned to create some conditions or requirements necessary for the protection and management of resources under their jurisdiction. As a result, the success or failure of watershed resources management depends upon, to a large extent, the willingness of relevant government agencies and their officials to implement proper plans and project, and cooperate with one another. Some provisions of law also need revision.
ORGANIZATIONS FOR WATERSHED RESOURCES MANAGEMENT
Before examining organizations responsible for watershed resources management, the administration system in Thailand should be briefly described. The administration consists of three levels: national (central) administration, regional (provincial) administration and local administration. The national administration is composed of the Prime Minister's Office, ministries and departments whose jurisdiction covers the whole country. As the decision-makers of ministries and departments in Bangkok may not be able to understand completely the situations or problems in other provinces which could affect their decision-making, the regional administration consisting of provinces and districts is created. Governors who are the chief administrators of provinces are appointed by the central administration to make decision on its behalf. At the same time in order to promote the policy of decentralization, the local administration consisting of, municipalities, sanitary districts and subdistrict councils has been created. The local administration, however, has very limited functions, powers and budget. In other words, the development, management and conservation of natural resources are mostly within the powers of the central administration. As a result, the central administration has played a very important role in managing and conserving watershed resources.
Central Administration
As the central administration is capable of influencing all government agencies and officials to the direction it desires, it is worth while to examine the central administration's policy toward watershed resources management. Similar to the piece meal approach taken by legislations concerning the utilization, development, management and conservation of natural resources as discussed earlier, the government did not adopt a comprehensive policy towards watershed resources management and conservation of natural resources until the issuance of cabinet's resolution concerning the watershed classification two decades ago. In the past, each kind of natural resource was utilized, developed, managed and conserved separately from one another by government agencies concerned which, till recently, led to conflicting use among different kinds of natural resources. The cabinet later has issued a policy through the classification of watersheds that the utilization, management and conservation of resources would have to be carried out in an integrated manner consistent with land fertility and suitability. In Thailand, watersheds are classified as follows:
· Class 1 watersheds which must be preserved as headwaters only.
· Class 2 watersheds which should be preserved as secondary headwaters.
· Class 3 watersheds which could be primarily used for forestry and mining.
· Class 4 watersheds which could be used for highland cropping.
· Class 5 watersheds which could be used for agriculture, especially rice farming.
In planning and implementing any project, all government agencies would have to follow guidelines prescribed by the cabinet's resolution in the previous paragraph, and at the same time they also would have to comply with policies issued by several coordinating committees responsible for natural resources utilization, development, management and conservation. Such coordinating bodies include, among others, the National Economic and Social Development Board (NESDB), National Environment Board (NEB), National Water Resources Council (NWRC), National Forestry Policy Board, Committee for Solving National Security Problems Concerning Hill Tribe Population and Narcotic Plants, and Local and Regional Prosperity Distribution Committee.
NESDB prepares at five-year intervals, National Economic and Social Development Plan which also covers the issue of natural resources utilization, development, management and conservation based on a river basin. Its details are further elaborated by relevant committees. For example, while NEB suggests policy on environmental protection in general, NWRC focuses on the development and management of water resources projects in a watershed as an integrated whole. In theory, there should not be any conflict between natural resources development, management and conservation plans or projects of various government agencies because all of them are supposed to follow the policy of watershed resources management mentioned above, but, in practice, conflicts occur from time to time despite the fact that al] of the government agencies usually claim that their plans and projects comply with watershed resources management concept.
The problems of conflicting plans and projects of government agencies have been caused by several factors. One of the key factors is the endless desire of government agencies in expanding their functions, powers and jurisdiction which leads to request for more and more budget. Another important factor is the lack of clear common master plan for watershed resources development, management and conservation which is acceptable to all the agencies concerned. This problem could be illustrated by the fact that for the time being, one department responsible for water resource development may not know what water related projects other department are contemplating in the same river basin because each department prepares its own master plan for water resource development projects which is not necessarily the same master plan prepared by other departments.
One may ask why all the plans and projects relating to watershed resources management, development and conservation are not integrated by coordinating bodies such as NESDB, NEB or even by the Bureau of the Budget in order to prevent the problems discussed in the previous paragraph. According to the law, NESDB and the Bureau of the Budget are able to do so but they lack staff for such purpose. With regard to NEB, even though it has expertise on natural resources development, management and conservation, it does not have proper power and supporting staff.
Regional Administration
The governors are required to ensure that the policy of central administration is properly implemented within their respective provinces. In performing their functions within their jurisdiction, the governors assisted by the representatives of ministries and departments in their provinces also have to comply with provincial development plans. Thus, plans and projects along with the required annual budget are determined. In addition to the provincial development plan, most of the provinces also prepare their provincial environmental management plans which concentrate on environmental protection only. Both plans are preliminarily prepared by the representatives of ministries and departments within a province. They are then screened by the Office of Provincial Administration and approved by the Provincial Development Committee (PC) which mostly consists of the government officials posted in a particular province and some selected representatives of private sector.
One common problem in the provincial development plan and the provincial environmental management plan is the lack of their integration as they are not based on a watershed approach but based on administrative boundaries. Also, both the Office of Provincial Administration and PC sometime do not have enough time and expertise on certain subjects to integrate all the plans and projects. In addition, they may lack interest to do such a job because once the provincial development plan is approved by PC, there is no guarantee that a province could request budget directly from the government since they are only submitted to relevant ministries for consideration to request budget from the government. Thus, it is not surprising that ministries or departments may not include some plans or projects of a province within their annual budget plan if such plans or projects are in conflict with their own plans and projects.
Local Administration
Most of the legal and administrative powers relating to watershed resources development, management and conservation are vested in the central administration. The local administration is usually assigned to carry out only unimportant work. According to the law, sub-district councils may, for example, take steps to protect environment but they have no power to manage or to allocate natural resources within their respective jurisdictions. The powers for the later task are with the central administration only. Besides the legal constraints, the local administration has very limited means to carry out the development, management and conservation tasks of natural resources. Its annual budget largely depends upon only grants or subsidies from the central administration. The allocation of such grants or subsides is based on administrative boundary not a river basin. This method of budget allocation does not seem to encourage the appropriate integrated management of natural resources in a river basin as a whole.
CONCLUSION
Despite the absence of a comprehensive piece of legislation dealing with the integrated utilization, development, management and conservation of natural resources in an entire watershed, some of the provisions of existing relevant laws have already given sufficient powers to government officials to create conditions to meet the requirements for accommodating the concept of systematic management of watershed resources. While some revisions in some laws are required, more important is the strict enforcement of the laws.
The mere existence of needed laws also does not guarantee effective sustainable utilization, development, management and conservation of watershed resources; unless proper policy and institutional arrangements exist. The fact that there are at least ten ministries and twenty departments in Thailand responsible for the subject matter calls for a serious coordinating mechanism. This includes the issuance of common policy and creation of a coordinating body. Despite the recognition of systematic watershed resources management concept by the cabinet and creation of several coordinating bodies for the purpose, the problem of conflicting plans and projects so far has not faded away. This is because all the concerned government agencies still have wide discretion in implementing policies laid down by the government and coordinating bodies. This problem requires urgent attention.
