A/HRC/22/72
discrimination based on gender, race, socio-economic position, disability, age, not
separately, but as a compound of any such two or more characteristics. 21
22.
The topic of the report compels the adoption of an intersectional approach since it
involves two categories (rural–urban) and gender; combined, these categories reveal
experiences that are not necessarily shared by urban women, or by men in rural areas, but
are discriminatory experiences specific to rural women. Moreover, the discrimination
against the two particular groups on which the report focuses, i.e. female-headed
households and temporary seasonal workers, can be fully grasped only in an intersectional
framework.
A.
Access, control and ownership of land and water resources by rural
women
23.
Based on an international comparison of census data, a 2010 report estimates that at
global level less than 20 per cent of land is owned by women.22 In North Africa and West
Asia fewer than 5 per cent of land-holders are women, while the figure for Sub-Saharan
Africa reaches a meager 15 per cent.23 An estimation cited by UN-Women puts the
ownership of property by women worldwide less than 2 per cent of all property. 24 The
access, control and ownership of land and water resources by rural women are influenced
by a number of factors, some related to the specificities of rurality, others affecting women
more broadly.
1.
Nature of the rights recognized to women in respect of land
24.
Concern arises in cases where women have access to land and resources based not
on property or ownership rights, but on user rights, while control rests with the senior men
in the community. In the absence of relevant assets, women may also lack decision-making
powers in the household and the community. 25 As a direct consequence, women also own
fewer and smaller animals. Women have the care of the animals and of the trade of the
resulting products, while the decisions on the income and expenses belong to the male-head
of household.26 The lack of land-ownership rights also impacts the possibility of women to
access credit. With no stable income, women have difficulties in nourishing their children.27
25.
Certain customs recognize women’s ownership rights but only in community with
the male head of household, with his approval, or signature. For instance, in Indonesia,
although land is co-owned by spouses, it is often registered only on the name of the male
head of the household. This situation is mainly due to the fact that authorities and
21
22
23
24
25
26
27
8
antidiscrimination doctrine, feminist theory and antiracist politics”, University of Chicago Legal Forum
(1989), pp. 139–140 and 149 ff.
In its resolution 2002/50 of 23 April 2002, the Commission on Human Rights states “the importance of
examining the intersection of multiple forms of discrimination”.
FAO, Gender and Land Rights, Economic and Social Perspectives Policy Brief. No.8, March 2012.
Ibid.
UN-Women, Facts and Figures on Gender and Climate Change, available at
www.unifem.org/partnerships/climate_change/facts_figures.html?#1.
UN-Women, FAO, IFAD, WFP, Expert Group Meeting, Enabling Rural Women’s Economic
Empowerment: Institutions, Opportunities and Participation, Submission by Catherine Hill,
EGM/RW/2011/BP.1, September 2011, p. 11.
Commission on the Status of Women, Report of the Secretary-General, The Empowerment of Rural
Women and Their Role in Poverty and Hunger Eradication, Development and Challenges
(E/CN.6/2012/3), 9 December 2011, para 25 (hereafter CSW Report).
OECD, Gender Inequality and the MDGs: What are the Missing Dimensions?, September 2010.
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