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01-04: Ensuring Gender Equity
Land and Gender – Macedonian Experience
Agency for Real Estate Cadastre, Macedonia, Former Yugoslav Republic of
Gender equality is one of the fundamental values of the constitutional order of RM, based on full recognition and promotion of equal opportunities for women and men, an indispensable precondition for sustainable development, human rights enjoyment and exercise of democratic values. Equality between women and men are considered the question of human rights and a prerequisite and indicator of sustainable human development in general.
In the past years Macedonia has made a significant progress in the area of promoting gender equality and respecting the human rights, which at the same time are one of the guiding principles and goals of the Macedonian government (contribute to the economic empowerment of women, to encourage parents to equally divide their property)
Despite of the progress made in the past years, the gender gap continues to exist. Another factor, that leads the woman to refrain from exercising her right of ownership besides the mentioned tradition, is of course the economic issue.
How to effectuate legal rights to land? Requires a continuum of action: 1) Legal Reform, 2) Legal awareness, 3) Legal information and 4)Legal capacity. The expected results should be: More women shall be owners of property and more women shall own more property.
Inclusive Land Administration – the Case of Republic Geodetic Authority of Serbia
Republic Geodetic Authority, Serbia
Institutional and legal frameworks are established to provide equal possibilities to access and use state administration services for all citizens. However, situation in reality is not so simply and very often we are facing persons or groups that are not able to approach necessary service due to lack of information or even due to physical and other kind of barriers. Republic Geodetic Authority, as socially responsible institution oriented to the citizens has recognized this burning topic and decided to start initiative to increase the level of services provision to the vulnerable groups of citizens. This paper is aimed to show the initiatives, plans and specific measures of Republic Geodetic Authority aimed to promote and advance inclusive land administration what will be done through ongoing Real Estate Management Project supported by World Bank. The inclusive land administration component of the Project was developed to deliver mobile registration services, renovation of local registration offices (building of physical access) and raising awareness of rural women regarding their rights to own the properties.
Securing Land Inheritance and Land Rights for Women in Kenya
Transparency International Kenya, Kenya
Women face many problems with regard to land inheritance and land rights in Kenya. Individual and community land ownership do not favor women. The reason for this is that ownership of land is patrilineal, which means that fathers share land amongst sons, while excluding daughters. This practice is traditionally wide spread and partly accepted although it goes against the interest of many women and is prohibited by the constitution. Unjust land tenure regimes do not only endanger women’s livelihood, but also constitute an emotional as well as identity burden, as land is an emotional component of heritage in Kenya. From the colonial period onwards, women’s rights over land were limited and the woman’s role was to fend and produce food for the family. Thus, women would use land for only this purposes and were therefore not allowed to have absolute ownership over land. As a result, women became more unduly disadvantaged in respect to use, access to and/or control of land and other valuable property, both as members of a household or as heads of households. Cultural traditions and practices concerning women’s use, access and control of land have worsened this situation.
Ensuring Gender-equity in Compensation and Resettlement Schemes Related to Commercial Land Investments in Tanzania and Mozambique
World Resources Institute, United States of America
The disruptions to livelihood caused by commercial land investments are particularly acute for women, whose rights and access to land are already limited in many countries. It is accordingly imperative that throughout such transactions, women’s concerns are fairly considered both in negotiations over land acquisition and in compensation and resettlement programs. This research examines the extent to which women’s concerns, both in law and practice, are incorporated into compensation and resettlement schemes in Tanzania and Mozambique. The two countries provide strong case studies for examining the gender impacts of compensation and resettlement. There is a high level of foreign interest in land, along with recurrent disputes over compensation and resettlement. Both countries are considered as having progressive land laws: customary land rights are recognized and communities are consulted in any proposed land acquisition by investors. At the same time, both countries have policies and laws on gender equity. However, a lingering question is to what extent the call for gender equity permeates land legislation and accompanying regulations. This paper finds a gender-blindness in regulations concerning compensation and resettlement. Even where there are procedural protections for the rights of women in land acquisition processes, these are not explicitly extended into the compensation and resettlement process.