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Legislating to guarantee the rights of rural women in Africa

Legal Brief for Parliamentarians in Africa, No. 8








FAO. 2023. Legislating to guarantee the rights of rural women in Africa. Legal Brief for Parliamentarians in Africa, No. 8. Rome.



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    Legislating to guarantee the rights of rural women in Latin America and the Caribbean
    Legal brief for parliamentarians in Latin America and the Caribbean, No.º 8
    2023
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    This legal note is based on the publication "The protection of the rights of rural women in Latin America and the Caribbean", produced by the Food and Agriculture Organization of the United Nations (FAO) and the Spanish Agency for Cooperation International for Development (AECID) through the Spanish Cooperation Training Center in La Antigua Guatemala. This is a brief document that addresses the international and regional regulatory framework that establishes the rights of rural women, and the constitutional and legislative advances in the matter achieved in the region. The specific laws approved are presented, as well as examples of laws that protect the right to productive resources and services, and the right to participation of rural women, adopted in various countries of the region. The note highlights the work of the Parliamentary Front against Hunger in Latin America and the Caribbean (FPH-ALC) – a network of more than 400 legislators supported by FAO, AECID and the Mexican Agency for Cooperation International for Development (AMEXCID) - and the role of national parliaments to advance in the protection of the rights of rural women. It concludes, bringing recommendations for possible actions from the parliamentary sphere to contribute to the achievement of Sustainable Development Goals 2 and 5 (SDG2 and SDG5), and strengthen the effective guarantee of the rights of rural women.
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    Women’s land rights and agrarian change: Evidence from indigenous communities in Cambodia 2019
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    Current changes in land tenure in Cambodia are reshaping indigenous communities agrarian and socio-economic systems. Customary laws that have determined land usage and rights, are now undergoing profound transformations. The commodification of land, influenced by processes of dispossession and alienation, is reshaping communities’ norms and customs. Land, before freely available to users, is now substantially a private asset and as such transferred from one generation to the next one like other assets. Customary laws derive their legitimacy from social systems that are context specific and change with time. This determines their ambiguous character as instruments for resistance and self-determination as well as generators of unequal social relations in rural communities. The experiences from other continents and countries have shown the contradictory and often conflicting linkage between customary land rights and women’s rights to own land. This study analysis the customary inheritance system of indigenous groups in Northern Cambodia, prevalently centred around matrilineal or bilateral kinship, where women used to inherit and own the principal family assets. The research questions focus on indigenous women’s inheritance and property rights as they apply to land, in the context of increasing land commoditization and scarcity. The aim of the enquiry is to contribute to the understanding of the gender implications of these changes, by gaining insight about women’s position vis-à-vis land property, inheritance and transfer to new generations. The changes in land tenure that have occurred in Ratanakiri province during the last decades have resulted in a substantial alienation of land and resources formerly available to indigenous people. Consequently, the area farmed under shifting cultivation has significantly decreased and been replaced by permanent commercial crops, while the increasing monetization of communities’ economy has triggered new processes of social differentiation. Little support has been given to indigenous farmers in order to manage this transition and adapt their farming system while maintaining its sustainability. The legal instruments deriving from the Land Law, which in theory should have contributed to provide formal legal protecting to indigenous land and allow communities to continue using land according to their traditional tenure system were impaired by delays and the obstacles in the practical implementation of the law. External actors, institutional as well as non-governmental, have been actively promoting agricultural practices centred on rapid gains, unsustainable exploitation of land and forest, carpet introduction of monocultures without creating the conditions for the establishment of favourable value chains and market conditions. The changes that have taken place have important implications in terms of women’s role and status within communities: not only because of the farming system transition, but also as a consequence of the increasing influence of the mainstream culture, in which gender norms are more hierarchical and constrictive then the ones in use among the indigenous peoples targeted by this study. Following the evidence presented here, strengthening indigenous women land rights may result from a multipurpose approach that embraces different areas of interventions and actors, detailed in the recommendations provided.
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    Beyond ownership: tracking progress on women’s land rights in Sub-Saharan Africa. Infographic 2016
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    Ensuring equal rights in ownership and control over land for women and men is essential to achieve gender equality (SDG5) and eliminate poverty (SDG1). Yet capturing the true status of land rights and measuring progress in the SDGs targets related to land tenure is still a challenge, especially in Sub-Saharan Africa where: 1)land tenure is often governed by both customary and statutory laws; 2)large swaths of land remain unregistered and women’s plots are less likely than men’s plots to be docum ented;3)few surveys capture sex-disaggregated data and inquire about the owners and the managers of land separately; 4) landownership, management and other rights over land are often used interchangeably while they do not always overlap! To capture the real status of land rights in countries and monitor the progress in the SDGs, surveys need to consider the different rights and levels of decision-making over land of women and men. When surveys consider these different bundles of rights over land , evidence from 6 countries in Sub-Saharan Africa shows that: 1)women are disadvantaged not only in the ownership but also in the management of land;2) in most countries, female owners do not manage their lands alone, while female managers do not necessarily own the plot; 3) a significant share of reported owners do not have the rights to sell or use the land as collateral and women are particularly disadvantaged.

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