Can compensation be paid to a husband and wife together?

It can, and on most projects it is not. Why single-payee compensation strips women's claims, and what to ask for instead.

Olule Solomon7 min read

Yes, and it usually is not. Most compensation is paid to a single registered claimant, who in the great majority of cases is the male household head. Nothing in the standards requires that, and joint payment or joint titling is available where a project decides to offer it — which is a decision made as project policy, before payments begin, not at the payment table.

What single-payee compensation actually does

Land held in a family supports everyone in it, and customary arrangements usually give a wife recognised rights of use even where the land is recorded in her husband's name. Converting that land into a single cash payment to one named person converts a household asset into an individual one, and the other claims become informal overnight.[1]

The effects are well documented: money spent on priorities the household did not agree, disputes that escalate within the home, and women left materially worse off after a process that recorded the household as fully compensated.[3]

What to ask for

  • Enumeration of individuals, not just the household head. If you are not in the register in your own name, you are not visible to anything that follows.
  • Disclosure of the entitlement to the household, not to one person — so what is owed and when is known by everyone before the money arrives.
  • Joint payment into an account in both names, or payment made in the presence of both.
  • Joint titling where replacement land or housing is provided, which is the durable version of the same protection.[2]
  • Separate recording of your own assets — crops you planted, a business you run, a structure you built.

Where the project should be doing this anyway

A project working to lender standards is required to consider gender-differentiated impacts and to consult women separately, in settings where they can actually speak.[4] If consultation has only ever happened in open meetings dominated by men, that is a gap worth raising through the grievance mechanism.

Polygamous and extended households

Where one man's land supports more than one household, a single payment to him is even less likely to reach everyone it supported. Each economic unit — a wife cultivating a defined portion, an adult son with his own family — should be enumerated separately, with its own assets recorded, so that the entitlement can be calculated for each rather than aggregated into one name and distributed at his discretion.

Sources

  1. [1]Performance Standard 5: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2012.
  2. [2]Guidance Note 5: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2012.
  3. [3]Good Practice Handbook: Land Acquisition and Involuntary Resettlement — International Finance Corporation, 2023.
  4. [4]ESF Guidance Note 5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement — World Bank, 2018.

Olule Solomon

Lead Consultant, ValueSpace

Olule Solomon is Lead Consultant at ValueSpace, where he works on land acquisition and resettlement systems for donor-financed infrastructure in East Africa. He writes about the practical gap between what the safeguard standards require and what a project can actually evidence at completion audit.

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