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CEDAW Thematic Briefing: Rural Women, Land and Property Rights 2oth February 2013-Geneva

CEDAW Thematic Briefing: Rural Women, Land and Property Rights 2oth February 2013-Geneva. Prepared by Rowshan Jahan Moni Association for Land Reform and Development –ALRD Bangladesh rowshanmoni@alrd.org. 144,000 sq. km territory and a population of 160 million of which 50% women.

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CEDAW Thematic Briefing: Rural Women, Land and Property Rights 2oth February 2013-Geneva

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  1. CEDAW Thematic Briefing: Rural Women, Land and Property Rights2oth February 2013-Geneva Prepared by Rowshan Jahan Moni Association for Land Reform and Development –ALRD Bangladesh rowshanmoni@alrd.org

  2. 144,000 sq. km territory and a population of 160 million of which 50% women. Two situations regarding land: Situation no:-1 80% land owned by private but how many % of women ?? Situation no:-2 Around 56% rural poor landless What about their rights to access and control over public land in the pace of faminization of agriculture and commercialization?? Overview

  3. Two aspects of De jure and de facto 1. Legal side as per constitution 2. Socio-cultural dominance Resulted in: Fossilizing ”tradition” due to pervasive Patriarchy and Postponing women’s rights until Peoples’ Rights are achieved Observable fact:

  4. Like many countries Bangladesh has situations of multiple legal systems, which include both statutory and customary legal systems. Country with different ethnic and religious groups, stipulates a range of personal laws, therefore changes women’s legal status depending on her marital status and ethnic origin e.g. widowed, never married etc. So, The rule of law should acknowledge diverse group and respect for legal pluralism, recognition for traditional and alternative dispute resolution and other forms of mediation to reach conciliation out of court Legal aspect:

  5. The continued “dis-entitlement” of women cannot be explained by disproportionate laws alone. In most cases it is administrative practices and biases that curtail women’s equal property rights including land Overall disadvantaged position of women (nutrition, education, access to information etc.). needs proper attention Socio-cultural

  6. Legal status of women International, National & Customary Law • “Moth Eaten” CEDAW (Reservation Clauses-article 2 and 16 A) • Non-Implementation of CEDAW & Constitutional Provisions (Dysfunctionalities in implementation) • Discriminatory Personal Laws (Disempowerment with Higher Responsibilities)

  7. Accordingly Law and policy implementation frame should: Ensure that women and women’s rights groups/collectives are effectively represented on equal terms with men in all decision-making structures relevant to land and agriculture. Ensure that women and women’s rights groups/collectives have full and accurate information about decision-making processes and are able to benefit from their participation in decision-making is active, meaningful and effective. Ensure meaningful participation of women in decision-making:

  8. A Human Rights Based approach to Women’s right to land is very significant In general, this approach requires that: women’s rights be placed at the center of law, policy and programming. prioritize the needs and rights of women, ensure that women are able to meaningfully participate at all stages (from assessment and analysis, program planning and design, implementation, to monitoring and evaluation) guarantee that women are empowered to know and claim their rights, and provide for accountability and access to just remedies in cases where rights may have been violated. Ensure meaningful participation of women in decision-making:

  9. 1. Mainstream gender Gender perspectives need to be integrated in all land rights campaigns, movements and programme e.g. Khas (public) land distribution Prog. programmes should clearly address women’s concerns e,g, Khas land policy of Bangladesh. advocates should link up with women’s rights groups, and vice versa 2. Legal reform in favour of women’s land rights Uniform family code to be persuaded laws should be strongly implemented and enforced. International commitments e.g. CEDAW, must be fulfilled to ensure women’s land rights. 3. Capacity building to develop women leadership to monitor and implement Equal stepping to monitor and hold govt. responsible for national and int. commitments and compliances More women are needed in positions of leadership, as well as in the bureaucracy, including the land bureaucracy and judiciary. Recommendations

  10. Thanks Rowshan Jahan MoniAssociation for Land Reform and Development (ALRD).1/3; Block-FLalmatia, Dhaka-1207Bangladesh.Phone: (+88 02) 9114660, 8142031Fax: +88 02 8141810Web: alrd.orgE-Mail: rowshanmoni@alrd.org

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