July/August 2003
June 2003
by Maria Hartl
Consultant
Part 2 of 2
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The Convention contains a number of provisions pertaining to access to land, property rights, inheritance and legal capacity. The discrepancy between de jure and de facto equality is most obvious in the area of law and family life. An analysis of Article 14 (rural women) and Article 15 of (equality before the law) and Article 16 (marriage and family relations) shows that inequalities persist and the gap between de jure and de facto equality remains an obstacle (see Annex, Table 3). In its General Recommendation No. 21, adopted at the occasion of the International Year of the Family in 1994, the CEDAW Committee provides a detailed exegesis of individual articles of the Convention that have particular relevance for the status of women in the family (Articles 9, 15 and 16)46.
While women have civil and political rights and can enjoy them, equal rights in marriage and family matters are a different question. Algeria, for instance, highlights the existing dichotomy in the legal status of women, where on one side, the constitutional principle of the equality of the sexes is scrupulously respected when it comes to civil and political rights and women have the status of full citizens, but in their personal status, women's rights are governed by a Family Code, which is based in part on the Shari'ah law.
Most countries have included the principle of equality and non-discrimination in their Constitution or basic law. Many have also brought their civil code and family code in line with the Convention. This gender neutrality does not imply the removal of all discrimination, as women may still suffer from indirect discrimination even in countries where equality is enshrined in the basic law. For this reason, CEDAW insistence on de facto equality is all the more important and helps to reveal the ongoing discrimination. Facts and data are valuable tools to demonstrate how discrimination persists.
In countries governed by Shari'ah law, the principle of equality does not apply to personal law which includes family and inheritance law or the Family code (for instance Maldives). Other countries maintain a dual legal system such as Congo, where a form of modern law was superimposed on the customary law. The Constitution of Zambia recognizes a dual system whereby customary or traditional law is administered by local courts which in practice is often discriminatory against women and upholds customs usually on matters of inheritance, marriage or compensation for property that discriminate against women. Customary law prevails because it is unwritten, administered by a male-dominated local court system composed of untrained justices who come form a patriarchal background. In Kenya, the amended Constitution of 1997 includes provisions against discrimination based on sex, but reserves the right to discriminate in certain matters such as marriage, divorce, devolution of property at death, personal and customary law.
In their reporting on Article 15 of the Convention on equality before the law and Article 16 on marriage and family relations, States parties provide information on women's legal capacity and right to property and inheritance. Access to land may also be raised under Article 14 on rural women, in particular if a country has implemented land reform or land distribution in rural areas. However, the status of women in the family is the entry point to any discussion of women's right to land and property.
Legal reform is difficult to achieve. Sri Lanka reports that reform could be facilitated if there was a call for change from within the affected communities. A position also taken by India, where only the Hindu Personal Law and Christian Personal Law have been reformed to give women greater rights regarding inheritance, adoption and divorce, but the personal laws of some minorities and other communities have remained unchanged on the basis of a policy of non-interference. The demand for such change would have to come from within the communities themselves before the State could intervene.
Heads of household
The question of who is the head of household and which powers are invested in the household head is central to marriage and family relations and to legal interaction with actors outside the family (legal capacity) in general. In countries, where a man is considered the head of the family, be it implicitly or through designation, he can derive his authority over decisions on property and land from this status. Wives, daughters and other female household members are subordinates and may have no say on decisions that affect in particular the family property. Problems arise, when the male head of household is temporarily or permanently absent and women cannot legally fill the vacuum of authority over assets and property under their care.
Some countries do not acknowledge the right of women to own an equal share of the property with the husband during a marriage or de facto relationship and when that marriage or relationship ends. The need to designate a head of family in some countries is critical, as it is usually the men in such cases who become the head of family. In Albania, for instance, the family is represented in property relationships by the head, elected by the members of the family, who is, by tacit agreement, the man and the land is registered under his signature. If the head wants to alienate the family land, he can easily coerce the wife and other family members. In Ecuador, the "head" of the marriage enterprise or "conjugal society" which can be headed by either of the spouses by common agreement must obtain written authorization from the other spouse. In the absence of explicit pronouncement of who is the head of the "conjugal society", the husband is deemed responsible for its administration. According to statistics, the husband is most frequently the head of the household. The absence of the head of family, be it temporary for migration or permanent, leaves the spouse struggling to deal with family affairs without direct authority.
In some cases, adult women have to abdicate their legal capacity once they are married. In the Democratic Republic of Congo, the principle of the married woman's incapacity to sign certain acts and contracts and execute certain legal acts without her husband's consent is established in the Family Code (Article 215 and 448). A married woman lacks capacity to engage in business whereas her 18-year-old daughter has full legal capacity. Guinea admits that the law discriminates in terms of marital status, when the husband is deemed to be the head of household with all the legal effects arising therefrom.
In Chile, for instance, the husband is the head of the conjugal partnership and administers the joint estate and the wife's property. Although by law a woman has legal capacity to enter into contracts and dispose of her own property, she cannot do so if she is married under the joint ownership regime, unless such property has been expressly excluded from the husband's administration. A woman cannot even receive the proceeds from her property, which becomes part of the assets of the conjugal partnership and, as a result, is administered by the husband. In the case of Peru, the informal property situation remains unfair especially to women in the informal real estate market. When a family decides to sell its property, there is no requirement that the deed of sale be signed by both spouses. The husband's unilateral control of the property is thus maintained. In Namibia, the man is also considered the head of household. Under common law, the husband has marital power over the property and person of his wife. Women married under civil law still need their husband's consent to enter into credit agreements. A wife cannot bring a civil action or enter into a contract without the "assistance" of her husband. As for South Africa, the Black Administration Act (1927) still regards women as minors who cannot own property or conclude contracts in their own right. A male relative has to do so on their behalf.
One way to remove the dependence on the head of household and circumvent the authority linked to household headship is to introduce the principle of partnership between spouses. Tunisia has done so when it established for the first time a regime for the joint estate of husband and wife. After amendments to the Personal Status Code in 1993, spouses are obliged to cooperate with one another for the proper management of their household affairs and to contribute to the family's expenses with their own resources, particularly in the case of the wife. The aim of this regime is to ensure that the spouses have joint ownership of property specifically intended for the family's own use.
Access to property and inheritance
Equal access to property remains one of the most disputed issues with regard to gender equality. India, for instance, identified child marriage, enforced widowhood and property rights as the three major problems faced in first phase of the women's movement. Whereas in the case of India action has been taken on the first two issues, equal access to property rights has not even reached the top of the agenda. The question of property rights is further complicated by the fact that land distribution and equal access to land are often not only a gender, but also a social class and race issue.
Not having access to land or full legal capacity is a particular disadvantage for female heads of households, who form a substantial proportion of the total rural households in certain areas. Many of these women include single parents, widows, divorcees, wives of migrant workers, older women and women with disabilities47. In Ecuador, 21.3 per cent of families are sustained by a woman alone in rural areas. In Zambia, few women own land, which is not allowed by customary law. Thus women represent the majority of persons without title deeds and 10 per cent of female-headed households seek title on inheritance.
In many countries, law and practices concerning inheritance and property lead to serious discrimination against women. As a result of this uneven treatment, women may receive a smaller share of the husband's or father's property at his death than would widowers and sons. In some instances, women are granted limited and controlled rights and receive income only from the deceased's property. Often inheritance rights for widows do not reflect the principles of equal ownership of property acquired during marriage. Customary practices such as levirate48 infringe a woman's right to inherit as in the case of Cameroon. In Guinea, a childless widow's inheritance, if there are children heirs or other widows with children of the deceased, is calculated on the basis of every five years of a marriage "based on dignity and devotion". Shari'ah law defines the portion to which each heir is entitled. A woman's share of inheritance in Morocco, for instance, is half that of a man.
In many countries, property accumulated during a de facto relationship is not treated by law on the same basis as property acquired during marriage. If the relationship ends, the woman receives a significantly lower share than her partner. Guatemala is one of few countries that recognize de facto union of a man and a woman who have lived together openly and continuously as if they were married. Such union can be registered in the Civil Registry Office so that it takes the effects of marriage. In Congo, "betrothal" is recognized as the period that precedes marriage and arises from the promise of two persons to become man and wife. However, pre-marriage is without effect in terms of inheritance which can be a source of frustration or injustice in the case of couples who have cohabited for a long time.
While inequalities in inheritance persist and limit women's access to land and property, some inequalities are de facto and not de jure. In Uganda, both widow and widower are entitled to 15 per cent of the property of the deceased spouse, but in reality a widower usually takes the whole estate. Under customary law it is assumed that a widow and her children will be taken care of by the relatives of the deceased husband and father. In practice, this is usually not the case as the widows and her children are dispossessed by relatives of the family's assets and forced to move back to the widow's parent's home.
It is often the women themselves who renounce, under social pressure or not, to their fair share of inheritance. In Viet Nam, women rarely inherit or have any say over their parent's land-use right due to traditions and customs. In countries under Shari'ah law, the percentage or amount of inheritance is established for men and women. In Jordan, the Act on Personal Status prohibits social practices that have deprived women - wives or daughters - of the share of the inheritance and women can inherit from both their fathers as well as their husband. However, many women in Jordan frequently renounce that right in favour of a close male relative. In Yemen, it is also reported that rural women submit to traditions and renounce their right to land in favour of their nearest male relative. It is contrary to tradition in rural areas for women to register land in their own names. A woman who wishes to assert her right to own land by bringing a court action would have to face social disapproval. In addition, land registration fees are very high, thus being a further deterrent, especially for poor women.
Few countries have introduced changes in inheritance laws favouring women. The Personal Status Code (1956) in Tunisia, instituted a mandatory bequest in favour of the daughter's children if she should predecease her father; and enables an only daughter to inherit her parents' estate in its entirety.
As the above examples show, women's illiteracy in legal matters and the lack of empowerment, are major obstacles in their enjoyment of the rights they have. For this reason, support for women's rights is essential to inform women especially in the rural areas. In Uganda, for instance, a network of legal aid services for women such as the Federation of Uganda Women Lawyers (FIDA), the Law Development Centre (Makere University) and the Legal Aid Project (LAP) of the Uganda Law Society assist women in matters of inheritance, property rights, marriage, assault, divorce, separation and child support.
Land reform
The right to own, manage, enjoy and dispose of property is central to a woman's right to enjoy financial independence, and critical to her ability to earn a livelihood and to provide adequate housing and nutrition for herself and for her family. In countries undergoing agrarian reform or redistribution of land among groups of different ethnic origins, the equal right of women, regardless of marital status, to share such redistributed land on equal terms with men are not always observed. As Kyrgyzstan reports, women might be losing out if there is a lack of a clear understanding of their own needs and requirements in the course of land reform.
Countries that have undergone land reform or are introducing land or agricultural reforms seem to make an effort to take into consideration gender equality. However, many obstacles arise, the first one being a lack of women in decision-making. South Africa acknowledged that the male domination in decision-making structures and positions is a contributing factor for women not being more involved in the Land Reform Programme. Only one member out of 12 was a woman on Zimbabwe's Commission of Inquiry into Land Tenure which was established to resolve the problem of unequal access to land, especially for the disadvantaged, mostly women.
Having gender-neutral legislation on its own is not sufficient, as the case of South Africa shows. The Department of Land Affair recognizes that women are largely ignorant of the Land Reform Programme, and do not know what it has to offer. Information does not reach them because they are not regarded as potential heirs to land.
If women don't know about their rights and the administrative procedures to apply for land, they lose out in any land reform. The percentage of women in Suriname who applied for and was granted land by the Ministry of Natural Resources through the years is less than 1 per cent of the total number of applications. The land requested by and granted to women particularly single women and heads of households, is small and varies from 0.5 to 1 ha.
Viet Nam reports that 10.4 million farmer households or 90 per cent of households using agriculture land received land-use certificates. Local administrations advised families that family property should be registered in the names of both husband and wife as a positive measure to protect women's interest in case of divorce. According to customs and traditions however, most of the land use certificates were issued in the husband's name as he is considered head of household. The 1993 Land Law which provides for equal land-use rights between women and men had no impact on these customs. The number of land-use certificates registered in the woman's name account for only 10-12 per cent, mostly for single or widow households. The number of certificates in both husband's and wife's name is very low. Moreover, many women after marriage do not have land for cultivation because their parents and their husband's parents do not give them the right to use land allocated to their respective families. Another setback for women in the case of Viet Nam was the difference in working age between men and women as this defined the size of land allocation. The working age being 15 to 60 years for men and 15 to 55 years for women resulted in smaller average land areas allocated to women.
As women rarely have their names on land-use certificates, be it separate or jointly with their husband, it is very difficult for them to use those certificates to apply for mortgage or credit. Legally, women cannot use ownership certificates in their husbands' names of property owned by both husband and wife in civil transactions or as collateral when applying for bank loans. Interestingly, a survey in Viet Nam showed that over 76 per cent of urban women and 51.2 per cent of rural women said that they had full independence and had entered into civil contracts (particularly contracts to borrow capital from the bank, mortgage, property, etc.), but 23 per cent of urban women and 46 per cent of rural women said they voluntarily passed this right to their husbands or children for implementation.
In Brazil, the Agrarian Reform guarantees that the title-deed and concession of use shall be granted to the man or the woman, or to both, irrespective of their marital status, preferably to the heads of large households. However, among the beneficiaries of agrarian reform plans, 85 per cent are men and women hold just 12.6 per cent of the title deeds and concession of land use.
Women's access to land, property and credit is still extremely low in Uganda, where 97 per cent of women have access to land, but only 8 per cent have leaseholds and 7 per cent actually own land. With the coming into force of the 1998 Land Act, rural women's rights to the land have been strengthened; they not only have access to land but also control and ownership. However, one "lost clause" not introduced in the Land Act is a provision on co-ownership where land is registered in the names of two or more persons and the land is jointly owned49.
A difference is to be made between the right to hold the land and the right to use it, which women seem to have more often. Many rural women in South Africa face the legal difficulty that they cannot hold title to land, although they are given the right to till the land and erect a home on a piece of land allocated to the household head. In most rural areas the majority of households use communal land which belongs to the people of that area. The Common African Law and Customary Law do not accord women the rights and powers to own property. The homestead head, husband or male relative has to act on her behalf. Territorial legislation and numerous regulations continue to prevent women from owning land on the basis of gender and race50. Not holding a title becomes an obstacle when women try to apply for credit. To address the problem of collateral for loans, the South African Department of Land Affairs is concentrating on legislation which would grant all married women the right to use property registered in the name of their spouses as security to obtain financial loans.
In its reporting guidelines, CEDAW requests States parties to include sufficient statistical data and statistics disaggregated by sex relevant to each article of the Convention in their reports so as to enable the Committee to assess progress in the implementation of the Convention. However, it does not ask for specific data or indicators. The provision of statistics disaggregated by sex in CEDAW initial and periodic reports, a major prerequisite for consideration of de facto equality, has improved in the last years. The most extensive data with regards to rural areas and rural-urban discrepancies can be found in reporting on Article 10 (education) and 12 (health), which has not been analysed for this paper. Under Article 14 (rural women), many reports provide statistics on rural population and rural labour force (see Annex, Table 4).
The CEDAW reports illustrate that in many developing countries, the majority of the population live in rural areas (Tanzania: 80 per cent, Sri Lanka: 78 per cent, et al), as does the vast majority of women. In India, rural women constitute nearly 80 per cent of the female population; in Burkina Faso they represent 86 per cent. Monitoring the impact of demographic changes on the status of women is therefore essential. In Ecuador, for instance, the current figure of 45 per cent of the population living in rural areas in 1990 was predicted to fall to 36 per cent by the turn of the century.
The quality of the information depends on the quality of statistical data available in a country, the functioning of the national statistical office, the timeliness and accuracy of agricultural census and surveys, the level of international support provided. A variety of sources are used in CEDAW reports for illustrating women's status. In Nigeria, for instance, the National Consumer Survey found that 7 out of 8 landholders were men. Agricultural loan schemes or the Department of Agriculture provided information on loans given out to women. The National Department of Agricultural Statistics in Guinea included detailed statistical information on women in agriculture, the agricultural workforce, women farm managers (by age group and region), agricultural equipment operated by women and the surface area cultivated under the supervision of a woman. Kyrgyzstan also provides a lot of statistical information on the agricultural sector, in particular on the percentage of women engaged in agricultural enterprises and institutions and peasant holdings, as well as women's access to loans and commercial credits and distribution of tractors to women farmers.
The data and statistics provided in CEDAW reports remain uneven from one country to the other. Many reports provide specific information on de facto equality of women in rural areas: land and farm ownership by women (Cameroon), access to land and usufruct rights (Cuba), access to property in general and to productive agricultural resources such as fertilizers, pesticides and improved planting material (Nigeria), women's participation and decision-making in cooperative farming and in agricultural enterprises (Morocco, Kyrgyzstan, Cuba), food production (Congo, Zambia) agricultural labour force (Burkina Faso, Guinea, China, Kyrgyzstan) or indigenous populations (Guatemala). Unfortunately, this information is sparse and diverse and does not allow for comparisons between countries. The same applies for information on land and agricultural reform (Armenia, Cuba, Guatemala, Kyrgyzstan, Philippines, South Africa, Uzbekistan, Viet Nam, etc) where not enough data disaggregated by sex is provided.
Several reports include specific data on the number of female-headed households. Yemen reports that women are heading 13.6 per cent of rural families which consist of 10 or more members on average. Nigeria provides data on the average annual income of rural female-headed households compared to males. Sri Lanka includes data on the number of widows heading female households.
Rural women's economic and social activities and contributions are not adequately described by the current concepts, definitions and statistical data collected, as the main focus of national statistics has generally been on the non-rural sector. The very concept of women in the rural labour force seems to have no common definition, as some countries do not take into account women's informal work in the rural areas, whereas others do. Algeria, for instance, acknowledges that a downward trend in female workers in nearly all branches of economic activity, particularly in agriculture (2.2 per cent) and the low proportion of rural women in paid employment does not reflect their real participation in development. Rural women are overlooked since their work in agriculture is regarded as an extension of their domestic chores and not as an economic activity.
Tunisia, by contrast, is reporting that the number of economically active women in the field of agriculture is increasing and the proportion of women working in family agriculture is 64.29 per cent. In 1994, the number of economically active rural women had increased by 26.9 per cent compared to 1989. At the same time, the agricultural sector and employment patterns in the rural areas are changing in Tunisia and the development of the female wage-earning class in the manufacturing industries is one of the most significant transformations seen in rural employment in the last two decades.
Statistics on credits and loans are also provided in some CEDAW reports. In some countries, a quota system in favour of women has been established to ensure that credit would be accessible to women. In Brazil, the Ministry of Agrarian Development determined that 30 per cent of funds in the National Program for the Strengthening of Family Agriculture (PRONAF) should be earmarked for actions aimed at rural women. The Ministry of Agrarian Reform also earmarked 30 per cent of all funds to women settled in family agriculture units. In Chile, the National Institute for Agricultural Development (INDAP) developed a policy to support the financing of productive activities among peasant women and changed the rules on access to credit, extending coverage to women and young people.
States parties report on the establishment, composition and functioning of national mechanism to implement the policy on equal opportunities and gender mainstreaming under Article 2 or 3 of the Convention. Given the large majority of women living in rural areas, information on mechanisms dealing with their situation is of great interest. Information on specific institutions established for rural women is scarce in most reports (see Annex, Table 5). Under Article 14 (rural women), only a small number of States parties provide detailed information on policies, programmes and institutions for women. Some countries have established focal points on gender mainstreaming in agricultural ministries or regional directorates to deal with the specific concerns of rural women (Congo, Guinea). In Brazil, Women's Councils operate all over the country - 19 at state level and 78 at municipal level. A Programme for the Support to Rural Women was established in the Ministry of Agriculture in December 1985 as well as a Committee for Support to Rural Female Workers in the Ministry of Agrarian Reform.
In several reports, the national programme of action for gender equality contains specific reference to rural women or has made rural women a priority (Morocco, Democratic Republic of Congo, Kyrgyzstan).
Several countries report on the establishment of specific units dealing with rural women in the Department of Agriculture or the introduction of programmes on rural women as priority areas in rural development programmes (Nigeria, Kyrgyzstan, Philippines, Nicaragua). In Namibia, the Ministry of Agriculture, Water and Rural Development has established a Steering Committee on Gender Sensitization to ensure that the needs of women farmers are adequately incorporated into agriculture policies and programmes at all levels. The Draft National Agriculture Policy for Public Consultation states that women's access to and control over household resources remains marginal and will ensure that women are not left behind. In Tunisia, the national plan of action for rural women, formulated in 1998, established regional commissions and regional counselling and rural activity centres for women. In Chile, a rural division was created within the National Office for Women's Affairs to ensure that the Ministry of Agriculture and its affiliated offices, decentralized agencies and other public and private entities associated with rural women's issues incorporate measures and actions guaranteeing equal opportunity for rural women into their planning and regular activities. Within the Ministry of Agriculture, a Women's Equal Opportunity Commission was created in 1998 to improve coordination among the services and assist the Ministry.
In Jordan, non-governmental organizations have set up programmes in rural areas for organizing self-help groups to improve the situation of rural women, providing them with the skills required to create income-generating projects such as carpet making, dressmaking, production of dairy products or porcelain goods. Training and specific projects for rural women are also mentioned (Ecuador, Egypt, Philippines).
Besides the information on national machinery for the advancement of women contained in CEDAW reports, few other resources can be used to get up-dates on establishment and composition of such a national mechanism. In their annual statements to the United Nations Commission on the Status of Women or to the Third Committee of the United Nations General Assembly, countries might provide up-dated information on recent development at national level with regard to national machinery for the advancement of women. The UN Division for the Advancement of Women maintains a database on national machinery, which only contains basic information but no details as to the structure of the office nor does it inform about the existence of focal points in various line ministries such as agriculture. In follow-up to the Fourth World Conference on Women and preparation for the 5-year-review process, information has been gathered and is still valid, although it has not been updated.
Additional sources for information on national machinery can be found on the UN website:
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Conclusion: While information provided in CEDAW reports is helpful for getting a clearer picture of the institutional mechanism at national level, institutions in rural areas are not systematically included. It is unfortunate that there exists no other reliable and timely source of detailed information on these mechanisms beside the periodic CEDAW reports. Efforts should be made to invite countries to present information on the structure and composition of their national machinery, including at rural level, in the periodic CEDAW reports and to compile this information systematically.
Based on the findings in this paper, the following recommendations are put forward:
Click here to see the Annexes (819 KB)
Philip Alston (editor), The United Nations and Human Rights: A critical appraisal, Oxford 2002 (2nd edn)
Byrnes, Andrew, The Convention on the Elimination of All Forms of Discrimination against Women, in: Wolfgang Benedek, Esther M. Kisaakye, Gerd Oberleitner (editor): The Human Rights of Women: International Instruments and African Experiences, London, New York 2002
Cook, Rebecca (editor), Human Rights of Women: National and International Perspectives (Philadelphia, 1994). Food and Agriculture Organization, Women's Rights in Agriculture, Rome 2002, forthcoming
Food and Agriculture Organization, Gender issues in land tenure, Paper presented at the "High level consultation on rural women and information", Rome, 4-6 October 1999
International Fund for Agricultural Development, Rural Poverty Report 2001 - The Challenge of Ending Rural Poverty, 2001
International Fund for Agricultural Development, Regional Assessment of Rural Poverty, Asia and the Pacific, 2002
International Fund for Agricultural Development, Regional Assessment of Rural Poverty, Eastern and Southern Africa, 2002
International Fund for Agricultural Development, Regional Assessment of Rural Poverty, Western and Central Africa, 2001
International Fund for Agricultural Development, Regional Assessment of Rural Poverty, Latin America and the Caribbean, 2001
Kerr, Joanna (editor). Ours by Rights--Women's Rights as Human Rights. London, 1993
Tomasevski, Katarina, Women and Human Rights, London 1993
International Human Rights Law Group. Guidelines for Preparing Shadow Reports to States Party Reports under the Women's Convention (draft, 1998).
United Nations Human Settlement Programme (UN Habitat), Rights and Reality - Are women's equal rights to land, housing and property implemented in East Africa?, Habitat 2002
UNIFEM, Bringing Equality Home Implementing the Convention on All Forms of Discrimination Against Women CEDAW, 1998
United Nations, Bringing international human rights law home: Judicial colloquium on the application of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child at the domestic level, New York 2000. (UN Sales No. E.00.IZ.3)
United Nations, The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women: Text and Materials, New York 2000 (UN Sales No.:E.00.IV.2)
United Nations, Final report on enhancing the long-term effectiveness of the United Nations Human Rights Treaty System, Commission on Human Rights, E/CN.4/1997/74 of 27 March 1997
1LIFDC is determined by a per capita income below the ceiling used by the World Bank to determine eligibility for IDA assistance and for 20-year IBRD terms and the net food trade position for a broad basket of basic foodstuffs (cereals, roots and tubers, pulses, oilseeds and oils other than tree crop oils, meat and dairy products) which are converted and aggregated by the calorie content of individual commodities. In addition, a self-exclusion criterion is applied when countries that meet the above two criteria specifically request to be excluded from the LIFDC category.
2Algeria, Brazil, Chile, Iraq, Jordan, Kazakhstan, Namibia, Peru, Uganda, South Africa, Suriname, Tunisia, Vietnam and Zimbabwe
3Cape Verde, Central African Rep, Chad, Comoros, Cote d'Ivoire, Djibouti, Eritrea, Gambia, Ghana, Guinea-Bissau, Lesotho, Liberia, Mauritania, Mozambique, Niger, Sierra Leone, Togo, Bhutan, Cambodia, Democratic People's Republic of Korea, Lao Peoples Democratic Republic, Pakistan, Tajikistan, Turkmenistan, Haiti, Papua New Guinea, Samoa, Solomon Islands, Tuvalu, Vanuatu, The former Yugoslav Republic of Macedonia
4Madagascar, Malawi, Mali, Senegal, Bolivia, Honduras
5Equatorial Guinea
6Afghanistan, Sao Tome and Principe
7Bosnia and Herzegovina
8Somalia, Sudan, Swaziland, Syrian Arab Republic, Kiribati
9Convention on the Political Rights of Women (1952), Convention on the Nationality of Married Women, (1957), Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962), and the Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1965).
10United Nations, Progress achieved in the implementation of the Convention on the Elimination of All Forms of Discrimination against Women, Report by the Committee on the Elimination of Discrimination against Women (A/CONF.177/7).
11Andrew Byrnes, The Convention on the Elimination of All Forms of Discrimination against Women, in : Wolfgang Benedek, Esther M. Kisaakye, Gerd Oberleitner (editor): The Human Rights of Women: International Instruments and African Experiences, London, New York 2002
12Andrew Byrnes, op.cit.
13United Nations, Final report on enhancing the long-term effectiveness of the United Nations Human Rights Treaty System, Commission on Human Rights, E/CN.4/1997/74 of 27 March 1997
14Convention on the Elimination of All Forms of Discrimination against Women, Article 28
15GA resolution A/RES/44/25, Annex (1989)
16United Nations, Status of the Convention on the Elimination of All Forms of Discrimination against Women, Report of the Secretary-General, A/75/406
17General Assembly resolution A/54/4 of 6 October 1999, opened for signature on 10 December 1999, Human Rights Day, entry into force 22 December 2000
18United Nations, The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women: Text and Materials, New York 2000 (UN Sales No.:E.00.IV.2)
19UNIFEM, Bringing Equality Home Implementing the Convention on All Forms of Discrimination Against Women CEDAW, 1998 (www.unifem.org/resources/cedaw/index.html)
20Ephrohim v Pastory, 87 I.L.R. 106; [1990] L.R.C. (Const.) 757; Dhungana v Nepal, Supreme Court of Nepal, Writ No. 3392 of 1993, 2 August 1995, unreported; Madhu Kishwar and Others v. State of Bihar and Other, Writ Petn. (C ) N. 5723 of 1982 with 219 of 1986
21see UNIFEM (1998), Byrnes, Andrew (1998)
22www.un.org/womenwatch/daw/cedaw/reporting.htm, see also: Compilation of Guidelines on the form and content of reports to be submitted by States Parties, HRI/GEN/2/Rev.1, 9 May 2001
23Rules of procedure, Rule 50, CEDAW/C/ROP of 26 January 2001; see also: Compilation of Rules of Procedure Adopted by Human Rights Treaty Bodies, HRI/GEN/3 of 3 June 2001
24United Nations, Status of the Convention on the Elimination of All Forms of Discrimination against Women, Report of the Secretary-General, A/57/406 of 16 September 2002
25Report of the Committee on the Elimination of Discrimination against Women, A/55/38, pg.49, Decision 23/II : Overdue reports required under Article 18 of the Convention
26General Assembly resolution A/RES/56/229
27United Nations, Bringing international human rights law home: Judicial colloquium on the application of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child at the domestic level, New York 2000. (UN Sales No. E.00.IZ.3)
28Byrnes, Andrew (1998)
29see: http://iwraw.igc.org/iwraw/publications/countries/
30 Article 22 of the Convention, Rules 45-47, Annex I of the Report of the Committee on the Elimination of Discrimination against Women (A/56/38)
31Report of the Committee on the Elimination of Discrimination against Women, A/50/38
32Report of the Committee on the Elimination of Discrimination against Women, A/51/38
33Report of the Committee on the Elimination of Discrimination against Women, A/53/38/Rev 1, Decision 18/II, page 3
34United Nations, Report provided by specialized agencies of the United Nations on the Implementation of the Convention in areas falling within the scope of their activities, Food and Agriculture Organization of the United Nations, CEDAW/C/2003/I/3/Add. OF 7 November 2002
35http://iwraw.igc.org/iwraw/publications/countries , www.amnestyusa.org/women; www.htlawgroup.org
36Report of the Committee on the Elimination of Discrimination against Women, A/50/38
37A/54/38/Rev.1, pg.7, Decision 20/I: Non-governmental organizations
38Platform on Women's Land Rights in Southern Africa, Critical Issues - Women's land rights in Southern Africa, abby@wllg.co.zw
39Article 21, paragraph 1, of the Convention
40CEDAW Rules of procedure, Rule 52 and 53
41Report of the Committee on the Elimination of Discrimination against Women, A/52/38, pg. 1 Decision 16/I. Concluding comments; A/54/38/Rev.1,pg.7. Decision 19/II. Concluding comments
42Egypt, Guinea, Nepal, Yemen, Zambia, et al
43Cameroon, Democratic Republic of Congo, Morocco, Mongolia, Zambia, et al
44Concluding Observations/Comments of the Committee on Economic, Social and Cultural Rights E/C.12/1/Add.40., E/C.12/1/Add.24., E/C.12/1/Add.55
45United Nations, Strengthening of the United Nations: an agenda for further change, Report of the Secretary-General, A/57/387, see also resolution adopted by the General Assembly A/RES/57/300
46CEDAW General Recommendation No.21, (13th session, 1994); A General Recommendation is based on the reports of States parties, the discussion between the Committee and the states party presenting the report and the concluding comments of the Committee.
47FAO, Gender issues in land tenure, paper presented at the "High level consultation on rural women and information", Rome, 4-6 October 1999
48Social custom under which a man has the right to marry his dead brother's widow.
49See United Nations Human Settlement Programme (UN Habitat), Rights and Reality - Are women's equal rights to land, housing and property implemented in East Africa?, Habitat 2002, p. 69 ff
50South Africa has entered a new phase of land reform in 1999, when the redistribution of land was linked to enhanced agricultural productivity and promotion of a black commercial farming class, a policy that had potentially negative impact on poor rural women. See Cheryl Walker, Agrarian Change, Gender and Land Reform, A South African Case Study, United Nations Research Institute for Social Development, Social Policy and Development Programme Paper Number 10, April 2002
51see two recent publications: FAO, Women's Rights in Agriculture, 2002; UN Habitat (United Nations Human Settlement Programme), Rights and Reality - Are women's equal rights to land, housing and property implemented in East Africa?, 2002
