Indicator 5.a.2 measures the extent to which countries’ legal framework (including customary law) guarantees women’s equal rights to land ownership and/or control.

The focus on land of Indicator 5.a.2 reflects the recognition that land is a key economic resource inextricably linked to access to, use of and control over other economic and productive resources. It is a key input for agricultural production; it can facilitate access to financial and extension services or to join producer organisations. Moreover, it can generate income directly if rented or sold. It also acknowledges that women’s ownership of and/or control of land is critical for poverty reduction, food security, inclusiveness and overall sustainable development objectives. Finally, gender equality in land ownership and control is a human right. For example, the International Covenant on Civil and Political Rights (ICCPR) guarantees equality between women and men, and prohibits discrimination based on sex in Article 2. Article 26 of the ICCPR enshrines equality before the law and can be applied to defend women’s right to non-discrimination and equality, including economic and social rights. Further, the Convention on the Elimination of Discrimination Against Women (CEDAW), emphasizes that discrimination against women “violates the principles of equality of rights and respect for human dignity".

The following paragraphs describe the scope and rationale of the proxies, as well as their specific content.

For guidance on the meaning of the terms used in the proxies please refer to the terminology in section 2.a “Definitions and concepts” of this document. For detailed information on the conditions determining whether the proxy exists in the legal framework please refer to the methodological guidelines “Realizing women’s rights to land in the law. A Guide for reporting on SDG Indicator 5.a.2”.

Proxy A: Is the joint registration of land compulsory or encouraged through economic incentives?

Without the inclusion of their names on the land title, deed or certificate, women’s property rights remain insecure, especially in the context of land registration programs and property acquired by the spouses during the marriage. This is particularly the case for married women who separate, divorce, are abandoned, or become widows.

The proxy therefore assesses whether the legal and policy framework includes provisions requiring joint registration of land or encouraging joint registration through economic incentives for both married and unmarried couples. For the proxy to be present it is sufficient that joint registration is provided at least for married couples.

Proxy B: Does the legal and policy framework require spousal consent for land transactions?

Major land transactions, such as the sale, mortgage or lease of family land or the family home, can directly affect women’s land rights if they do not participate in the decisions. Therefore, spousal or partner consent requirements for such transaction strengthen women’s control rights over land by protecting them against unilateral actions taken by their husband or, in the case of unmarried couples, partner. Provisions that support equality in marriage relations and that provide for joint administration of matrimonial property including land, directly contribute to gender equality in the control over land.

The proxy examines whether national laws provide for mandatory spouse or partner consent for land transactions. As with proxy A, the assessment covers both married and unmarried couples. Yet, for proxy B to be present it is sufficient that spousal consent is provided at least for married couples.

Proxy C: Does the legal and policy framework support women’s and girls’ equal inheritance rights?

Inheritance is one of the main channels through which women acquire property and secure independent land rights. However, the persistence of discriminatory cultural and legal norms often denies women’s and girls’ equal inheritance rights and hinders women’s opportunity to acquire property on an equal footing to men. Personal laws and customary laws, in particular, often deny women’s right to inherit or to inherit in equal shares. However, many post-colonial governments have incorporated these rules in the formal legal architecture. In some cases, daughters may only be entitled to inherit in the absence of a traceable male relative.

Proxy C examines the extent to which national laws on intestate inheritance establish equal inheritance rights for surviving children and the surviving spouse(s) regardless of sex.

This proxy aims to identify if the legal and policy framework of a country provides that:

1. Sons and daughters have equal inheritance rights and equal shares; and

2. Male and female surviving spouse and/or partner are entitled to an equal right of the deceased spouse’s estate and/or to a lifetime user right to the family home.

The law must prescribe both equal inheritance rights for sons and daughters and for the surviving spouse and/or partner for Proxy to be present.

Proxy D: Does the legal and policy framework provide for the allocation of financial resources to increase women’s ownership and control over land?

Legal reforms to support gender equality in land ownership and/or control and access to other productive resources have not always translated into practice. The poor implementation of land and agriculture related policies and laws geared towards enhancing gender equality, is partially due to the lack or insufficiency of financial resources.

For this reason, this proxy identifies any legal provision that commits the government to allocate financial resources to increase women’s ownership and control over land or access to productive resources, including land. Such provisions are widely regarded as innovative measures to support women’s land rights and have been consistently endorsed by the CEDAW Committee in its deliberations and comments on state parties’ reports under the treaty. For this proxy to be present, the fund must be anchored into a national law that explicitly mentions the purpose of improving women’s land rights.

Since Proxy D amounts to a “special measure”, as per Art. 4 of CEDAW, countries that do not include this measure in their legal framework, may provide official statistical data that show, nationally, at least 40 percent of those who own or have secure rights to land are women to satisfy the proxy.

Proxy E: In legal systems that recognize customary land tenure, does the legal and policy framework explicitly protect the land rights of women?

Many countries have incorporated customary land tenure rights into the formal legal system, in effect ‘formalizing’ them. The legal recognition of customary land tenure however may reinforce discriminatory practices where there is no explicit protection for women’s customary land rights. Further, the use of gender-neutral provisions in the context of formalization of customary land tenure has in practice been associated with a lack of protection of women’s rights. To avoid such outcomes explicit provisions protecting the land rights of women should accompany legal provisions recognizing customary land rights.

Proxy E assesses whether the Constitution and/or any land related law that recognizes customary land tenure, explicitly protect s women’s land rights.

It is important to note that for those countries where customary law has not been incorporated into the legal framework, Proxy E is not applicable and will not be assessed in the computation. As noted above, the customary dimension of this indicator will only be considered when it has been legally recognized.

Proxy F: Does the legal and policy framework mandate women’s participation in land management and administration institutions?

Land related institutions are responsible for governing the land tenure systems and are in charge of land administration and management. Women are often excluded from participating in the day-to-day processes of land governance at all levels, and therefore have limited capacity to influence decision-making. A lack of women’s representation in land governance tends to lead to biased outcomes in land recording and registration processes and the hindering of women’s land claims, for instance by overlooking women’s rights on common lands.

Proxy F aims to identify provisions within the legal framework requiring mandatory participation of women (quotas) in land related management and administration institutions.

Since Proxy F amounts to a “special measure”, as per Art. 4 of CEDAW, countries that do not include this measure in their legal and policy framework, yet provide official statistical data that show, nationally, at least 40 percent of those who own or have secure rights to land are women, will equally satisfy the proxy.

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Rætta metadátur: 5.a.2