ACTIVITY HAS BEEN MODIFIED IN THE FOLLOWING WAYS:

Women's land rights are of special concern in Rwanda where most agricultural activities, including both

cultivation and marketing, are conducted by women, and where 33.9% of households are female-headed

(2005 RDHS-III). Women's rights to land are precarious and complicated by customary land management

and ownership, the predominance of informal marriages or consensual unions, and polygamy. Despite a

relatively progressive inheritance law, patrilineal inheritance patterns continue in Rwanda. According to the

2005 RDHS-III, 33.2% of widowed women reported being dispossessed of property. When women lose

their access and rights to land, these women frequently are forced to turn to higher-risk behaviors that may

increase the incidence of HIV/AIDS.

Rwanda's 2003 Constitution, recent Land Policy, 2005 Organic Land Law, and Inheritance Law, all promote

and establish land-related legal rights for women and prohibit gender discrimination. However, the

difficulties and challenges inherent in clarifying and implementing any law, along with the cultural and

informal realities that govern gender relations in Rwanda, make it a challenge to achieve the goals set out in

the Constitution and underlying laws.

Among the key lessons learned from USAID Land Law and policy activities in support to the Ministry of

Natural Resources and Environment in FY2007 and FY 2008, is the absolutely critical need for improved

legal literacy among communities, particularly among women whose land rights are being regularized. A

considerable focus of the FY 2008 legal technical assistance is in developing legal literacy materials on the

implications, benefits and procedures of land tenure reform.

The activities described below will address the need for land rights related information and literacy for

communities, particularly women. These activities will advance the Rwanda PEPFAR five- year strategy by

improving the quality of life for all PLHIV, especially HIV+ women.

Program description

The Land Law and Policy activities proposed for FY 2009 have two broad objectives, which are necessarily

interlinked. The first objective is to improve upon the already progressive property rights legislative and

policy framework in Rwanda with the lessons learned from recent implementation efforts. Such efforts

include assisting the GoR in developing the necessary policy, legal and regulatory framework to protect the

property rights of those who are infected or affected by HIV/AIDS.

The second broad objective is to ensure that efforts to regularize rights to Rwanda's most important asset -

land - extend to those who would customarily be excluded from such rights, that is, assuring that assets are

in the hands of all Rwandans. This is vital to ensuring that in practice Rwandans suffering from the impact

of HIV/AIDS will be as able as others to use this important asset in ways that help mitigate the negative

social and economic impacts that the illness may have on a household. It also will ensure an HIV/AIDS

infected person will be less likely to resort to risky behavior to sustain their livelihood.

Two main activities will be undertaken to achieve these objectives. The first activity, "legal literacy/rights

awareness-raising before, during, and after land tenure reform program" will consist of developing a

standardized legal literacy module, which is replicable. In collaboration with each community where land

rights are being formalized, the project will tailor the legal literacy module to each community, with particular

focus on methods for benefiting those people susceptible to disenfranchisement from the process (for e.g.

those infected or affected by HIV/AIDS, women in male-headed households, orphans). These modules will

be area-specific and will include recommendations for points of monitoring to be included in the National

Land Tenure Reform Program (NLTRP) monitoring and evaluation framework. During the implementation

and monitoring the legal literacy modules, the number of cells to be targeted will be determined once the

next NLTRP phase has been scheduled by the MINIRENA and to the extent budget allows.

Under the second activity, "Ongoing legal technical assistance to the NLTRP, the project will focus on

developing, or refining where needed, laws, regulations, and procedures related to land tenure reform

ensuring that they are consistent with relevant laws, particularly those that protect the rights of women and

children.

Consistent with PEPFAR objectives of increasing legal rights for women, this project facilitates the

legislative process that allows Rwanda's most important asset to be in the hands of women, strengthening

HIV prevention and mitigating the negative socio-economic conditions caused by HIV/AIDS.

FY 2009 scope of work (SOW), and USAID's past work in the land sector is focused on ensuring that

Rwandan women participate in and benefit from land tenure reform. Women in Rwanda perform the bulk of

agricultural labor, and are responsible for the health, education, and nourishment of the entire household;

being 80-90% subsistence farmers, land is the most important asset to the overwhelming number of

Rwandans. Ensuring that this critical asset is in the hands of women helps to strengthen the economic

situation of the whole household and also: (1) helps women avoid the types of high-risk behavior that can

lead to contracting and spreading HIV/AIDS, by making them less reliant on males for survival; and (2)

helps infected/affected women better focus on treatment and survival strategies for themselves and their

households, by putting an important and valuable asset in their hands.

The activities described will address the need for land rights related information and literacy for

communities, particularly women. These activities will advance the PEPFAR five- year strategy by

improving the quality of life for all PLHIV, especially HIV infected women.

New/Continuing Activity: Continuing Activity

Continuing Activity: 12767

Continued Associated Activity Information

Activity Activity ID USG Agency Prime Partner Mechanism Mechanism ID Mechanism Planned Funds

System ID System ID

12767 12302.08 U.S. Agency for ARD, Inc. 6286 6140.08 Land - Leg $300,000

International

Development

12302 12302.07 U.S. Agency for Associates in 6140 6140.07 Leg (formerly $400,000

International Rural TBD)

Development Development

Emphasis Areas

Gender

* Increasing women's access to income and productive resources

* Increasing women's legal rights

Human Capacity Development

Estimated amount of funding that is planned for Human Capacity Development $50,000

Public Health Evaluation

Food and Nutrition: Policy, Tools, and Service Delivery

Food and Nutrition: Commodities

Economic Strengthening

Estimated amount of funding that is planned for Economic Strengthening $50,000

Education

Estimated amount of funding that is planned for Education $100,000

Water

Table 3.3.18: