CEDAW Thematic Briefing:
Rural Women, Land and Property Rights
2oth February 2013-Geneva
ALRD
Association
for Land
Reform and
Development
Prepared by
Rowshan Jahan Moni
Association for Land Reform and Development –ALRD
House # 1/3,
Block # F, Lalmatia
Dhaka-1207
Bangladesh
alrd@agni.com
www.alrd.org
Bangladesh
rowshanmoni@alrd.org
Overview
ALRD
Association
for Land
Reform and
Development
144,000 sq. km territory and a population of 160
million of which 50% women.
Two situations regarding land:
Situation no:-1
80% land owned by private
but how many % of women ??
House # 1/3,
Block # F, Lalmatia
Dhaka-1207
Bangladesh
alrd@agni.com
www.alrd.org
Situation no:-2
Around 56% rural poor landless
What about their rights to access and control over public
land in the pace of faminization of agriculture and
commercialization??
Observable fact:
ALRD
Association
for Land
Reform and
Development
Two aspects of
De jure and de facto
1. Legal side as per constitution
2. Socio-cultural dominance
Resulted in:
•
Fossilizing ”tradition” due to pervasive
Patriarchy and
•
House # 1/3,
Block # F, Lalmatia
Dhaka-1207
Bangladesh
alrd@agni.com
www.alrd.org
Postponing women’s rights until Peoples’
Rights are achieved
Legal aspect:
ALRD
Association
for Land
Reform and
Development
• Like many countries Bangladesh has situations of
multiple legal systems, which include both statutory and
customary legal systems.
• Country with different ethnic and religious groups,
stipulates a range of personal laws, therefore changes
women’s legal status depending on her marital status
and ethnic origin e.g. widowed, never married etc.
So, The rule of law should acknowledge diverse group
and respect for legal pluralism, recognition for
traditional and alternative dispute resolution and other
forms of mediation to reach conciliation out of court
House # 1/3,
Block # F, Lalmatia
Dhaka-1207
Bangladesh
alrd@agni.com
www.alrd.org
Socio-cultural
ALRD
Association
for Land
Reform and
Development
House # 1/3,
Block # F, Lalmatia
Dhaka-1207
Bangladesh
alrd@agni.com
www.alrd.org
•
The continued “dis-entitlement” of women
cannot be explained by disproportionate laws
alone.
•
In most cases it is administrative practices
and biases that curtail women’s equal
property rights including land
•
Overall disadvantaged position of women
(nutrition, education, access to information
etc.). needs proper attention
Legal status of women International, National &
Customary Law
ALRD
Association
for Land
Reform and
Development
•“Moth Eaten” CEDAW (Reservation Clausesarticle 2 and 16 A)
•Non-Implementation of CEDAW &
Constitutional Provisions (Dysfunctionalities in
implementation)
•Discriminatory Personal Laws
(Disempowerment with Higher Responsibilities)
House # 1/3,
Block # F, Lalmatia
Dhaka-1207
Bangladesh
alrd@agni.com
www.alrd.org
Ensure meaningful participation of
women in decision-making:
ALRD
Association
for Land
Reform and
Development
Accordingly Law and policy implementation frame
should:
• Ensure that women and women’s rights
groups/collectives are effectively represented on equal
terms with men in all decision-making structures
relevant to land and agriculture.
• Ensure that women and women’s rights
groups/collectives have full and accurate information
about decision-making processes and
•
House # 1/3,
Block # F, Lalmatia
Dhaka-1207
Bangladesh
alrd@agni.com
www.alrd.org
are able to benefit from their participation in decisionmaking is active, meaningful and effective.
Ensure meaningful participation of
women in decision-making:
ALRD
• A Human Rights Based approach to Women’s right
to land is very significant
Association
for Land
Reform and
Development
In general, this approach requires that:
• women’s rights be placed at the center of law, policy and
programming.
•
House # 1/3,
Block # F, Lalmatia
Dhaka-1207
Bangladesh
alrd@agni.com
www.alrd.org
prioritize the needs and rights of women, ensure that
women are able to meaningfully participate at all stages
(from assessment and analysis, program planning and
design, implementation, to monitoring and evaluation)
• guarantee that women are empowered to know and claim
their rights, and
• provide for accountability and access to just remedies in
cases where rights may have been violated.
Recommendations
ALRD
Association
for Land
Reform and
Development
House # 1/3,
Block # F, Lalmatia
Dhaka-1207
Bangladesh
alrd@agni.com
www.alrd.org
1. Mainstream gender
•
Gender perspectives need to be integrated in all land rights
campaigns, movements and programme e.g. Khas (public) land
distribution Prog.
•
programmes should clearly address women’s concerns e,g,
Khas land policy of Bangladesh.
•
advocates should link up with women’s rights groups, and vice
versa
2. Legal reform in favour of women’s land rights
•
Uniform family code to be persuaded
•
laws should be strongly implemented and enforced.
•
International commitments e.g. CEDAW, must be fulfilled to
ensure women’s land rights.
3. Capacity building to develop women leadership to monitor
and implement
•
Equal stepping to monitor and hold govt. responsible for
national and int. commitments and compliances
•
More women are needed in positions of leadership, as well as
in the bureaucracy, including the land bureaucracy and
judiciary.
Thanks
ALRD
Association
for Land
Reform and
Development
House # 1/3,
Block # F, Lalmatia
Dhaka-1207
Bangladesh
alrd@agni.com
www.alrd.org
Rowshan Jahan Moni
Association for Land Reform and
Development (ALRD).
1/3; Block-F
Lalmatia, Dhaka-1207
Bangladesh.
Phone: (+88 02) 9114660, 8142031
Fax: +88 02 8141810
Web: alrd.org
E-Mail: rowshanmoni@alrd.org