Base de Datos Género y Derecho a la Tierra


Tenencia de la tierra- formas predominantes

- In 1990, virtually 99 percent of all land, as well as all other factors of production, were held by the State and the Parliament passed laws regarding land ownership. At present, after the various stages of land and agrarian reform, agricultural land in the south of the country is almost completely in the hands of private owners. Most of the available arable land is being used. In the north, especially the Chi Valley, land has not been privatized and some available land is not being farmed or managed (18).

- Land may be owned by the State or may be under communal, private or other forms of ownership (17). Under current land legislation, the State retains control of pasture and non-arable land, while crop land and most of the non-land assets of the former state and collective farms are being distributed to rural residents (19).

State-owned land:
- It includes lands allocated to state land users, lands of forest, water funds, lands of especially protected territories, lands of reserve stock, lands of frontier area, lands of the agricultural reallocation fund, pastures of rural settlements, pastures in the zone of intensive use, distant pastures and other land not transferred in private or communal ownership (17).
- State farms run on state property must exceed 100 hectares in zones of high and average cropping intensity and 150 hectares in mountainous zones suitable for livestock grazing (19).

Private ownership:
- It may take the following forms, registered as provided for by the National Committee on Statistics and the Ministry of Agriculture and Food (MAF):
i. Private farm, where farm operations are performed by the labour of members of one family;
ii. Peasant farm, where labour is performed by the members of two or more families. Maximum size cannot exceed 30 hectares in zones of high and average cropping intensity or mountainous zones suitable for livestock grazing;
iii. Agricultural cooperative, where the farm size falls between 30–100 hectares in zones of high and average cropping intensity and 50–150 hectares in mountainous   zones suitable for livestock grazing;
iv. Collective farms on collective non-state property, which must exceed 100 hectares in zones of high and average cropping intensity and 150 hectares in mountainous zones suitable for livestock grazing (19).

Communal ownership
- Land within the borders of rural councils and cities are under communal ownership (17).

- The Land Fund consists of 20–25 percent of all arable land in the country, which is set aside to be privately leased through an auction process by the regional governments. In the south of the country, this land is the only new land available to farmers who want to expand their holdings. The process for allocating this land has not been consistent across regions, as the regional leaders establish their own process and the proceeds from the land sales go directly to the local government (9).

Instituciones nacionales y locales que ejecutan las disposiciones jurídicas sobre la tierra

- The Republican Centre for Land and Agrarian Reform (CLAR), a division of the Ministry of Agriculture and Food (MAF), was created to implement the reforms based on the 1994 decrees. Tasks of the CLAR include: 
i. Assisting farms in determining land and property shares;
ii. Explaining to farm workers and rural inhabitants the goals of land reform and their rights and options;
iii. Monitoring the process of farm reorganization and conflict resolution during the course of reform implementation.
The rayon, or district-level, offices conduct the practical work, including holding seminars to inform the farm population and inventorying and surveying the landholdings of state and collective farms.
The oblast, or region-level, offices coordinate the work of rayon offices (19).

- The rayon administration finances all organs at the rayon level. The akim is the executive of the rayon administration, appointed by the President, and is responsible for facilitating implementation of land and agrarian reform in that rayon and has the authority to appoint the heads of the Rural Committees (19).

- The Council of People’s Deputies in the rayon parliament decides on all questions regarding land, although it frequently delegates these functions to the rayon akim (19).

- A Rural Committee was formed on the territory of each state or collective farm. It is responsible for: 
i. Implementing land and agrarian reforms on its territory worked out by the Commission on Land and Agrarian Reform;
ii. Providing infrastructure for the newly formed enterprises;
iii. Assisting enterprises in marketing their produce;
iv. Monitoring use of land and water;
v. Resolving land disputes;
vi. Keeping land records (19).

- The Commission on Land and Agrarian Reform exists for each former state or collective farm. Its duties are to:
i. Analyse financial and productive activities of the former state and collective farms;
ii. Conduct property inventory and appraisal and
determine land property share per person;
iii. Work out a plan for reorganization of the farm (19).

Instituciones de administración de la tierra y cuotas para la mujer

- The rayon – district – Land Commission reviews all applications submitted by legal entities for use rights on a specific land parcel. Land shareholders who have formed a legal entity must apply for a parcel of land through the local Rural Committee. The Committee proposes a certain parcel of land and passes the application to the Land Commission for examination. If approved, the application is passed on to the rayon akim for final approval, upon which the registration of the legal entity begins (19).

- The Land Management Service is in charge of land use, land monitoring, land cadastre, land management organization, topographical and geodetic mapping and soils, botany, agrochemical and other land management research (10).

- The Land Management Offices collect data on land use in rural areas on behalf of the rural councils (10).

- The State Institute for Land Resources and Land Management is responsible for maintaining an inventory of all land resources. It compiles an annual inventory of land resources with detailed figures on land holdings of each agricultural user. Every five years, a cadastre is prepared on the basis of the annual reports (10).

- The executive body of the aiyl, or village council, is responsible for managing and disposing of lands in communal ownership(17).

Disposiciones de financiamiento que garantizan a la mujer transacciones de tierras

- Women are not legally restricted in their access to bank loans: they have the right to borrow from banks and to acquire microcredit (11).

- Microcredit has two main sources:

i. The State Kyrgyz Agricultural Finance Corporation (KAFC), which allocates funds from the state budget or through investment projects; and

ii. Non-state international organizations and foundations, where the main recipients of credits are non-governmental organizations or individuals who have submitted business plans. The lending organizations finance any type of activity the credit recipients, including women, prefer to develop, as long as it helps them to establish, on their own or on a collective basis, mini-production for the manufacture of any type of product or to develop a sphere of services. Most microcredit funds are used in agriculture. From 2002−2003, the organization approved 1 227 projects totalling 90.1 million som and 543 of those projects, totalling 53.5 million som, were for female entrepreneurs.
A total of 1 755 unemployed persons received microcredits in 2005. Women accounted for 56.5 percent of them (8).

- To facilitate borrowing, the Government supported the establishment of local rural credit unions. By pooling their funds, village cooperatives, peasants, farmer unions and associations, joint-stock societies and collective farms were able to arrange easy loans (13).

Otros factores que influyen en los derechos a la tierra diferenciados por género

- In the Osh Oblast in the south and in the Naryn Oblast in the north, women do not travel outside of their home area to any great extent and there is social pressure not to do so. This limits their economic activities outside their home areas (14).

- Women are often refused credit because they are unable to offer sufficient guarantees (11).

- The decay of preschools has aggravated child care problems faced by women in both rural and urban settings. Previously financed by the State, preschools provided lodging, food and education for children of working mothers (13).

- Women who head peasant farm holdings face difficulties in accessing resources and machinery. Farms headed by women account for only 5−19 percent of the livestock and fowl populations and have only 6 percent of the track-type and wheeled tractors (8).

Fuentes: los números entre paréntesis (*) se refieren a las fuentes que están en la sección de Bibliografía