Base de données Genre et le Droit à la Terre

Azerbaijan

Droits inscrits dans la Constitution

The Constitution, adopted November 1995 (12):

- The Constitution enshrines equal rights and obligations, and fully guarantees the rights of nationals irrespective of gender, as confirmed in Chapter III, Articles 24 to 80 (13).
- In accordance with Article 25, all are equal before the law and the courts (13).
- Article 25 in the “Right to Freedom” section stipulates that:
i. “Men and women have equal rights and freedoms”;
ii. “The State guarantees everyone equal rights and freedoms irrespective of race, ethnicity, religion, language, sex, origin, property situation, social status, convictions and membership in political parties, trade unions and other social organizations” (13).
- The right of ownership is recognized on an equal basis for men and women. Article 29, Part III states that, “everyone might possess movable and real property. Right of ownership envisages the right of owner to possess, use and dispose of the property himself/herself or jointly with others” (13).
- According to Article 29, Part V, the State also guarantees succession rights (13).
- Article 34 on the marriage, Part IV, states that, “rights of wife and husband are equal” (13).
- Wage discrimination because of sex are prohibited by Article 35, Part VI: “everyone has the right to get remuneration for his/her work without any discrimination” (13).

Droits des femmes sur le patrimoine et l’usage de la terre dans le Code civil, le Code du travail et le Code de la famille

December 1999, Marriage and Family Code:
- Spouses have equal rights regarding the ownership, enjoyment and disposition of joint property, regardless of whether it was acquired from the earnings or income of the husband or the wife.
- According to Articles 32, 33 and 37 of the Family Code, property acquired by spouses during marriage is their joint property even if it is registered in the name of one of the spouses. In the event of the division of property jointly owned by the spouses, the spouses are awarded equal shares (13).

1999, Civil Code:
- According to Article 225, marital property is to be held jointly unless the Matrimony Contract establishes another agreement. However, the property belonging to each party before marriage or received as a present or inheritance during marriage will be separate property of the individual who received it.
Separate property can be considered joint property if it is established as a matter of fact that the property was improved to a considerable extent by the joint property of the community or by the individual property of the other spouse (14).

1999, Criminal Code:
- Article 154 states that gender-based violations of the equal rights of nationals which undermine the rights and legitimate interests of nationals are punishable (13).

1999, Labour Code:
- According to Article 16, any discrimination on the job between workers on the grounds of gender is prohibited.
- Article 240 prohibits refusing employment to women on the grounds that they are pregnant or nursing a child.
- Article 243 forbids reducing women’s pay on the grounds that they are pregnant or nursing a child.
- Article 241 states that it is forbidden to assign women heavy labour, work involving harmful conditions and underground work, with the exception of certain types of underground work, namely non-physical work or cleaning and domestic services. Women may not carry or move loads in excess of the limits prescribed.
- Women are given maternity and childcare leave, as provided for in Article 125 (13).

2001 Employment Act:
- As stated in Article 6, one of the main aims of the state employment policy is to ensure that all citizens, irrespective of gender, have equal opportunities to exercise the right to work and to free choice of employment.

Mécanismes juridiques d’héritage/de succession

1999, Civil Code:
- Articles 1159.1, 1162 to 1164, 1166, 1193 and 1194 provide for the following to be recognized as primary heirs entitled to equal shares of an inheritance: children of the deceased, a child born after the testator’s death, a spouse, parents or adoptive parents. The inheritance rights of a living spouse do not cover his or her share of the spouses’ joint assets (13).
- Joint tenure means that more than one person owns/holds the whole property. Land held in joint tenure can be acted on only with the consent of all the owners. While still alive, a joint owner may transfer his/her interest to all the other owners, but to no other person.
In some property systems, if a joint owner dies, his/her interest in the land will vest in the surviving owner(s) jointly. When one spouse dies, the deceased’s share of common joint property, including land plots, is defined and subtracted from the total amount or value of the property. A surviving spouse has the right to inherit by will or at law a deceased spouse’s share of common property and is also able to keep his/her share of the common joint property (14).

Législation foncière

1993, Law on Privatization of State Property:
- Was prepared in connection with the National Programme for Privatization of State Property, 1995–1998. The Law states the general principles and procedures for privatization of state property. It also says that foreign legal and natural persons may take part in the privatization programme only in accordance with the legislation of Azerbaijan and the State Privatization Programme (15).

- The Constitution states that property in Azerbaijan can take the form of state property, private property or municipal property and that each form of ownership is equally recognized. It defines property rights and says that such rights are protected by the state (15).

1996, Law on Land Reform:
- Defines the basis for carrying out land reform and covers the entire land fund of Azerbaijan whether the land is in state, municipal or private ownership. Private ownership includes parcels legally used by citizens, such as land under residential houses, household parcels, individual, collective and cooperative gardens, land under management of state-owned dachas and privatized land of state and collective farms.
- Specifies who can obtain ownership rights and land use rights. It also enumerates landowners’ rights.
- According to the Law, the various types of ownership have equal status and are protected by the state. The Law determines how state and collective farm lands can be privatized and outlines the consequences of violating the legal requirements of the land reform (15).

1999, Land Code:
- Establishes the framework and principles for land ownership, use and lease, transfer and related compensation. It defines the property rights of the state, municipalities, private individuals and legal entities. These forms of ownership are equally recognized and protected by the state.
- States that only citizens of Azerbaijan may own land parcels and foreigners may only lease them.
- Empowers the state and municipalities to reclaim land for municipal and public needs.
- Includes regulations regarding registration of rights in land, land valuation and land taxation and payments. It also defines roles for resolving land disputes.
- States that rights in land parcels must be registered in the State Land Cadastre and the State Land Registry. Unregistered rights are not protected by the state (15).

1998, Law on Mortgage:
- Specifies what can be subject to mortgage and the types of mortgages. It states that mortgages on real property should be registered and specifies the registration procedure. It also has regulations regarding the responsibility of the body carrying out the registration and the rights and obligations of the mortgager and mortgagee (15).

1992, Law on Leasing:
- States that corporate organizations and bodies which are wholly or partially owned by foreign investors may lease property from the owner, not from whoever is currently using or controlling the property. The latter type of lease is available only for national corporate bodies (15).

1998, Law on State Land Cadastre, Land Monitoring and Land Use Organization:
-  Regulates the organization and management of land cadastral, monitoring of lands and land use organization within a unified land fund of Azerbaijan (15).

1999, the Civil Code:
- Has provisions on how transactions in real property shall be conducted. It defines the types of legal interest that can apply to real property in general and land in particular.
- Requires that legal interests in real property be registered (15).

1998, Law on Land Lease:
- Defines the legal basis for leasing state, municipal and private land and issues related to the lease of land. State and municipal land can be leased to persons and legal entities that are conducting activities for the purpose of earning a profit. Foreigners, persons without citizenship, international organizations, enterprises belonging to foreign investors and foreign states may enter into lease relationships but exclusively as tenants and subtenants (15).

1999, Law on Land Market:
- Sets rules for the organization and regulation of the land market, legalizes rights created in the land market, regulates situations where the Law is violated and provides instruments to solve disputes. Legal entities and citizens of Azerbaijan can participate in the land market as owners, users, mortgage lenders and borrowers, and as participants in purchase-sale transactions and other types of transactions like leasing. Land transactions will be based on market prices for land rather than fixed prices (15).

2004, Law on State Register of Real Estate:
- Governs the procedure for registration of ownership rights in immovable property and other property rights, creation, limitation – encumbrance – and transfer of property rights. The Law has regulations concerning who is entitled to obtain data from the Register.
- States what the Register consists of and how it is operated.
- Sets the regulations for unified state real estate registration. The Law acknowledges the property rights registered by other registration bodies before the Law became effective, and it has regulations regarding submission of information from the former registration bodies to the new Register.
- Has provisions regarding cancellation of rights, refusals from registration, corrections of technical mistakes that occur during registration and registration of leasing and land use rights.
- Has provisions in the event of violation of the relevant legislation (15).

Rules on Keeping the State Register of Real Estate,  approved by the President Decree of October 2004:
- The State Register shall be compiled and kept by the State Register of Real Estate. It shall consist of electronic and paper documents.
- There are provisions regarding rights formed before the State Register of Real Estate was established (15).

2005, Charter of the State Register of Real Estate: 
- States that the central executive body developing and keeping the State Register of Real Estate is the State Register Service of Real Estate. It lists the tasks and responsibilities of the Service that will keep the Register updated in accordance with the current legislation and how the Service is to be built up (15).

Mesures politiques/mécanismes institutionnels favorisant ou freinant l’application des droits des femmes sur la terre

- The State Committee on Women’s Issues (SCWI) was established in 1999 by the government to protect women’s rights and to enact measures to empower them. The National Plan of Action (NPA) on Women’s Policy, which was drafted by this Committee and approved by the Cabinet of Ministries in March 2000, sets out priorities for achieving gender equality (9).
The SCWI was transformed into the Committee on Family, Women and Children by Presidential Decree in February 2006 (9).

- The Committee prepares annual reports on the status of women and their socio-economic and other problems (13).
 
- The March 2000, Presidential Decree “On Implementation of State Policy for Women” envisages guarantee for equal representation of women in all government structures together with men and examines the legislation from the point of view of gender issues.
Gender Focal Points were appointed in all central government ministries and committees and at the regional government level to improve gender mainstreaming at the policy and programme levels (16).
The Focal Points also participate in working groups established by the SCWI to discuss documents to be adopted at the national, interministerial level (10).

- The Law “On Provision of gender equality” was approved by the Parliament in March 2006 with the purpose of  providing gender equality in all spheres (17). The Law aims to ensure that men and women have equal rights in all spheres of society and to eliminate all discriminatory practices based on sex (17).

- The State of the Agricultural Sector and Principal Ways of Its Development 2002–2015 is a policy document, which outlines the key problems in the sector and the government’s policy and strategies; however, it does not address gender issues, even though many of the sectors described in the policy, including farm development, crop production, animal husbandry and food processing, clearly employ significant numbers of women. Nor does the policy consider women’s central role within the family as a food producer and provider. Gender issues are neglected at the policy level and, as a result, women's contribution to agriculture is underestimated and their specific needs are ignored in development planning and implementation (10).

- The 2001−2009 Rural Development Programme for Mountain and Highland Areas is the on-going International Fund for Agricultural Development (IFAD) programme that addresses the needs of communities of diverse ethnic groups living in districts with different types of mountainous terrain, livestock management and crop production systems and climatic variations. Farmers in these remote areas face difficulties, including a lack of pasture for grazing livestock and plots that are, on average, small and located often on steeply sloping or degraded land. The project seeks to assist women by providing in-kind credit, such as pregnant heifers, for a period of three years.
Results from the project showed increases in income levels among the target group. As of 2005, this was the principal project focusing on rural women farmers in Azerbaijan (10).

Sources:  Les nombres affichés entre parenthèse (*) font référence aux sources énumérées dans la Bibliographie.