Secure interest of smallholder, marginal farmer with recognition of women farmers- a policy brief for world food day

2011 Core messages Secure the interest of smallholder, marginal farmer with recognition of women farmers to protect them from commercial invasion and to ensure food security for entire population.

Purpose of the policy brief This policy brief will try to rationalize the justification of defining smallholder farmers to establish their rights and entitlements to the State. It provides an analysis of relevant legislations, policy, programmes and services to show the existing loopholes hampering the interest of smallholder farmers. Specific attention has been paid to the importance of recognizing women as farmers because they play a major role in sustainable small scale farming. This brief intends to express its solidarity with women and smallholder farmers to protect and promote their rights to secure peoples right to food. The climate crisis and market volatility add new challenges to the survival of smallholder farmers who contribute 70% in nations food production. Changes in climate system are already decreasing food grain productions, while posing greater risks on resources like land, water and forest; and thereby affect the livelihoods of women and smallholder farmers because of their sole dependency on those resources. Moreover the present trend of large scale interventions by national and Multinational Corporations in agri-sector, increased dependency on commercial crops and export-oriented agriculture undermining the sovereignty of smallholder farmers is contributing towards their livelihood insecurity. It is therefore necessary to secure the interest of smallholder and marginal farmers along with recognition of women farmers to better facilitate the food accessibility, food availability and food utility.

Farmers in existing legislations, policy and safety net programme Concept of farmer in existing legislations The Constitution of Bangladesh calls for maintaining/protection of human rights of people, and food security is considered as one of the basic human rights within the auspices of right to life. Therefore, it is the duty of the state to ensure food security in the country with required legal and policy responses. In order to support food production for ensuring food security, there are number of statutes in Bangladesh related to agriculture. Some of the provisions in those statutes are concerned

directly with farmers. Among them, The Land Reforms Ordinance, 1984, The Bangladesh Land Holding (Limitation) Order, 1972 (President's Order), Bangladesh Land Management Manual 1990 are endorsed with number of provisions related to farmers rights, title, interest and obligations. Hence, this paper scrutinizes the concerned provisions of the regulatory regime of agriculture with a view to identify the legal status of farmer. Section 2(h) of The Land Reforms Ordinance, 1984 defines personal cultivation. Certainly, this definition provides enough space to include both Big and smallholder farmers with positive interpretation. However, the problem of the definition is that, it includes only those people as farmers who directly go to the field for cultivation by themselves or by some other means. It does not recognize pre and post harvesting processes as important parts of the whole farming process. Moreover, it excludes the entire population of female farmers who do not directly go to the field for cultivation but play a vital role in crop production through activities like seed producing, preserving, nursing, rice-husking, drying, boiling, sieving, storing and so on. Therefore, it is imperative to recognize this group [40% manpower] as farmers, who are involved with the entire food production process at different levels; otherwise they would fail to avail all the benefits available to and necessary for a farmer. Section 2(a) of The Land Reforms Ordinance, 1984 defines the term bargadar. But the definition is related with only one criterion of farmer- who cultivates the land by adhi, barga or bhag. It does not cover the entire feature of a farmer. Sec 2(a) of The Agricultural Labour (Minimum Wages) Ordinance, 1984 defines agricultural labourer as any person employed in agricultural crop production on monthly wage basis. This necessarily does not come under the big head of farmer. So, the critical review of the related statutory provisions reveals that, there is no clear picture or definition of a farmer or any given criteria of a farmer by fulfilling which one shall be recognized as farmer in the existing legal frameworks in Bangladesh. As such, it is difficult to facilitate required assistance and to promote rights and interests of the farmers. Since the picture of farmer is indistinct in the existing legal framework, women farmers standpoint as farmer is also absent. Concept of farmer in existing policy There are a number of policies in Bangladesh related with agriculture but no specific policy is framed particularly for the farmers. However, the policies related to agriculture deal with farmers issues and in some cases women farmer is also recognized. Important polices regarding farmers are National Agricultural Policy 1999, National Land Use Policy 2001, New Agricultural Extension Policy 1996, The National Seed Policy 1993, National Agricultural Policy, 2010 (Draft). Many clauses of the aforesaid policies widely discuss about farmers issues using the term farmer, however, these policy frameworks also do not provide a clear definition of farmer or a set of criteria for recognizing a farmer.

The New Agricultural Extension Policy (NAEP) 1996, included crops, forests, fisheries and livestock within agriculture sector and farmer & Farm are used as general terms. So a wide picture of a farmer is drawn here including all smallholder, marginal, borgader, landless farmer and manpower who are involved in fisheries, forest and livestock sectors put under the same head for agricultural extension services. But do not give any clear standpoint regarding who could avail this service. Is this service available to all who are directly or indirectly involved with the agriculture production? Or is it only applicable for those who are directly involved with production process by going to the field? If it is only available for the last category of farmers then it excludes female farmer who do not directly go to the field for cultivation but contribute otherwise in crop production. There is no specific clause for women farmer. National Agriculture policy 1999 is related with crop production only and as a farmer it includes only those who are directly involved with croup production. So the concept of farmer is narrower here than the New Agricultural Extension Policy (NAEP) 1996. The terms smallholder farmer, marginal farmer and borgader are used here several times but which farmers belong to this category is not mentioned. Policy recognizes promoting role of women farmer in agriculture but the stand point of women who contribute to the overall process of crop production by other means than going to the field is not clear. Another important policy is National Agriculture Policy- 2010 (Final Draft), the revised and updated form of National Agriculture policy 1999. Even though it is not approved yet in cabinet meeting, Government has already taken initiative based on this draft policy. This Policy ensures agricultural extention service to all categories of farmers including Landless, Marginal, Small, Medium and Large farmer. But again the clear definition of farmer with clear demarcation between all these types is absent here. The policy recognizes women farmers position in agriculture from a very general perspective without any specification. Concept of farmer in Government extension and safety net programme In different agricultural extention and safety net programs undertaken by government and also the projects, the concept of farmer is not static, rather it varies according to the programs and services. For example in Govt. Climate change and disaster management project (Implemented by DAE) only smallholder and marginal farmers who directly go to the field are included as Farmer, excluding landless farmer. In a very limited scope is found under the project for women who are directly involved with cultivation. Again in Agricultural Extension Component project (which is basically a training program) funded by Danida, the training programs are offered to the farmers who have direct or indirect contribution in crop production. Herein, women farmers who do not go to the field for cultivation are also recognized as farmers. In depth interview of different Govt. officials of DAE and MoA reflects that for training

purpose they included all men and women as farmers who had direct or indirect contribution in production system. But in project under which different services are provided like subsidy, technology, logistic support etc for farmers they included only those who go to the field for producing crops. For services like these women farmers who cultivate land with title over the land or are widow cultivating her deceased husbands land not devolved to his heir yet or women who belong to women headed family are included. In other words it can be said that women who have title over the land are only recognized as farmers, not those who contribute in production system without any title over the land. Even this year when Govt. distributes Farmers card they are providing it without following any specific criteria that would define a person as farmer. Persons recognized as farmer for the card are mostly people who go to the field for cultivation and have been recognized as farmer by political person or chairman of that area or in very few cases by Govt. officials. So picture of farmer is still hazy and varies in accordance with the project and program. Perception of MoF, DAE regarding farmer is also confusing and contradictory. Some times it includes people who are involved in agriculture (including fisheries, livestock, forest), sometimes it includes only those who are involved in producing crops and sometimes it includes only those who directly go to the field for cultivation. So, existing legal and policy frameworks provide a scattered concept in recognizing a farmer instead of defining or setting particular criteria. The programs and projects initiated particularly to facilitate food production process and to assist the farmers, are also working without having a clear concept of a farmer. Therefore, legitimate concerns remain how the required assistance for a farmer would be offered and who would be protected under the definition of a farmer. Farmers are the key stakeholders to work to ensure food security in the country; hence policy responses are needed to assist them. So, clear definition of farmer should be adopted with a set of criteria to identify the large, small hold, marginal and land less farmer. It is also very important to recognize Women, who do not go to field directly but play vital role in the food production process as farmers. Why defining farmer with recognition of women farmer is necessaryWhy do we need a clear definition of farmer with clear demarcation between large, small, marginal and landless farmer with recognition of women farmer? The answer is - unless the state demarcates a definite stakeholder to whom it is intended to provide benefits under different statute and policy, it is very difficult to ensure transparency, equal distribution of those benefits. It is also difficult for that stakeholder to claim such benefits under that statute and policy as it create

confusion among them. Government also faces such confusions while implementing those right, title, and interest as inscribed in statute. In every statute there is always a definition clause which defines the beneficiary group to whom the legislature intended to provide benefits under that statute. As we discussed above, though, in number of legislation, many right, title and interest is established in favour of a farmer, no definite criteria has been set forth of a farmer to whom statute and policy intend to provide the given benefits. As women farmers play major role in sustainable small scale farming, their legal status as farmer should also be clarified. Otherwise, women farmers equal access to land, productive recourse and government support cannot be ensured. So defining a farmer with recognition of women farmer is the very initial and foremost step to secure their all rights, title and interests. Problem faced by farmer for not having any clear definition of farmer The problem of having no clear definition of farmer with clear demarcation between large, small, marginal and landless farmer and no recognition of women farmer became more acute when GoB took initiative to give Farmer card to the farmer this year. Using the card a farmer can avail GoB agricultural support in different forms. However, the initiative was taken without establishing any definite criteria of farmer. Which gives rise to the question whether the card reaches real farmer or not. Absence of such criteria thereby exclude women farmer as well from availing a card even though they have a huge contribution in different stages of crop production. Women farmers are being deprived of benefits from farmer card. Moreover, the hazy and confused picture of farmer also paves the way of corruption in distribution of such benefits. The process thereby lacks transparency and accountability, for which in many cases, real vulnerable smallholder farmer failed to avail these services and benefits. Absence of a definition also blocks the government from preparing the farmer data base, a provision given in National Agriculture Policy- 2010 (Final Draft). A database of farmers is definitely a good provision to bring transparency in equal distribution of benefits to the farmer. So Govt. should take necessary step to give a legal definition of farmer with clear demarcation between large, small, marginal and landless farmer with recognition of women farmer to secure interest of farmer and to bring transparency in equal distribution of their benefits, and to ensure states accountability to its citizens. Protecting smallholder farmers interest means protecting national interest

Corporate invasion always tends to profit maximization irrespective of their type. In most cases food security is not the thrust of their interest. Thats why high input costs of food grain product are not a serious issue for them as they might look for global market instead of local. They have little risks to shoulder loss, because of portfolio management mechanism. Technology and fuel based industrial farming promoted by the commercial investors means less labour involvement and nonecological farming practices. In the contrary, small scale farming is mostly based on ecosystem and sustainable practices which involve the smallholder farmers including women; and their production is always intended, firstly for their own consumption and to sell the rest at local market. This highly contributes to local market stability and local food economy. High input in small scale agriculture production may cause loss calculation on finished product. Due to the absence of subsidized service and materials support for small scale farming, it becomes tougher for the smallholder farmers to gain minimum profits from their production and therefore, can be easily bought in by the commercial investors. Import dependency and high input costs contribute to price hike and unaffordability. If this continues for long, we will not succeed in ensuring our national food security and our right to food. So, by protecting the interest of smallholder farmer, we can protect our national interest. Recommendations: 1. Establish clear definition of farmer so that real farmers can avail the services.( In this regard we can take into consideration the definition of farmer in The Protection of Plant Varieties and Farmers Rights Act 2001 in India and The Single Farm Payment Scheme ( SFPS) 2005 under the Common Agricultural Policy ( CAP) Scotland). 2. With clear demarcation, a set of criteria to identify the large, smallholder, marginal and land less farmer. (To define small hold farmer we can take into consideration the definition given in The Meghna Carter of Small Farmer, Philippine). 3. A policy for farmer from humane perspective instead of sectoral perspective. 4. Sate recognition of women farmers including both farmers who go to the filed directly or are involved in production process oherwise. 5. Ensure women farmers access to land, productive resources and government support. 6. Ensure accessibility of farmer card for women farmer by setting up fixed criteria of eligibility as farmers.

7. Ensure research and development relevant to women farmers that reflect their contribution as active participants in farming process. 8. Enable small-scale food providers and other vulnerable population to become more resilient to climate change.