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Women’s Access to Land

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Women’s Access to Land

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Women’s Access to Land

  1. 1. AGENDA ITEM 3.6 WOMEN’S ACCESS TO LAND African Commission on Agriculture Statistics / Commission africaine des statistiques agricoles, Entebbe, Uganda, 13 - 17 Nov 2017
  2. 2. SDG GOAL, TARGET & INDICATOR Indicator 5.a.1 “(a) Percentage of people with ownership or secure rights over agricultural land (out of total agricultural population), by sex; and (b) Share of women among owners or rights- bearers of agricultural land, by type of tenure” Indicator 5.a.2 “Proportion of countries where the legal framework (including customary law) guarantees women’s equal rights to land ownership and/or control”. Achieve gender equality and empower all women and girls Target 5.a “undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance and natural resources, in accordance with national laws”
  3. 3. INDICATOR FORMULA Indicator 5.a.1 is divided in two sub-indicators: Part (a) measures the prevalence of people with ownership or secure rights over agricultural land, disaggregated by sex: 𝑛𝑜. 𝑝𝑒𝑜𝑝𝑙𝑒 𝑤𝑖𝑡ℎ 𝑜𝑤𝑛𝑒𝑟𝑠ℎ𝑖𝑝 𝑜𝑟 𝑡𝑒𝑛𝑢𝑟𝑒 𝑟𝑖𝑔ℎ𝑡𝑠 𝑜𝑣𝑒𝑟 𝑎𝑔𝑟𝑖𝑐𝑢𝑙𝑡𝑢𝑟𝑎𝑙 𝑙𝑎𝑛𝑑 𝑡𝑜𝑡𝑎𝑙 𝑎𝑔𝑟𝑖𝑐𝑢𝑙𝑡𝑢𝑟𝑎𝑙 𝑝𝑜𝑝𝑢𝑙𝑎𝑡𝑖𝑜𝑛 , by sex Part (b) focusses on the gender parity measuring the extent to which women are disadvantaged in ownership / rights over ag land 𝑛𝑜.𝑤𝑜𝑚𝑒𝑛 𝑖𝑛 𝑎𝑔𝑟𝑖𝑐𝑢𝑙𝑡𝑢𝑟𝑒 𝑤𝑖𝑡ℎ 𝑜𝑤𝑛𝑒𝑟𝑠ℎ𝑖𝑝 𝑜𝑟 𝑠𝑒𝑐𝑢𝑟𝑒 𝑟𝑖𝑔ℎ𝑡𝑠 𝑜𝑣𝑒𝑟 𝑎𝑔𝑟𝑖𝑐𝑢𝑙𝑡𝑢𝑟𝑎𝑙 𝑙𝑎𝑛𝑑 𝑡𝑜𝑡𝑎𝑙 𝑝𝑒𝑜𝑝𝑙𝑒 𝑤𝑖𝑡ℎ 𝑜𝑤𝑛𝑒𝑟𝑠ℎ𝑖𝑝 𝑜𝑟 𝑠𝑒𝑐𝑢𝑟𝑒 𝑟𝑖𝑔ℎ𝑡𝑠 𝑜𝑣𝑒𝑟 𝑎𝑔𝑟𝑖𝑐𝑢𝑙𝑡𝑢𝑟𝑎𝑙 𝑙𝑎𝑛𝑑
  4. 4. INDICATOR OVERVIEW Indicator 5.a.1 officially endorsed by the 47th Session of the UN Statistical Commission, March 2016 Custodianship: FAO. UNSD and UNWOMEN acting as contributing agencies Methodological work: led by the Evidence and Data for Gender Equality (EDGE) project, a joint initiative of UNSD and UN Women, in collaboration with the Asian Development Bank, FAO and WB. Piloting: 7 Pilot studies provided recommendations on critical aspects of the methodology, such as the interview setting, the minimum set of questions, adaptation to different survey designs. Initially classified as Tier III indicator. Thanks to the considerable methodological work undertaken and to the finalization of a data collection protocol, 5.a.1 has been upgraded to the Tier II group at the 5th IAEG-SDG (March, 2017)
  5. 5. INDICATOR OVERVIEW  Why agricultural land and not any land? Ag land is a key input in developing countries, where poverty reduction and development strategies are necessarily based on the agricultural sector.  Why agricultural population? Tenure rights over agricultural land are particularly relevant for individuals whose livelihood relies on agriculture. Therefore, the target population of the indicator (denominator) is the adult agricultural population • In the context of 5.a.1, household operating land and/or raising and tending animals are the reference population for this indicator (denominator)
  6. 6. SOURCES National Household Surveys: Living Standard Measurement Surveys (LSMS); Living Conditions Surveys; Multipurpose Surveys; Household Budget Surveys (HBS); Demographic and Health Surveys (DHS); Multiple Indicator Cluster Surveys (MICS). Why? • Cover the entire population, including households with wage agricultural labourers. • Flexible and conducted regularly by countries Alternatively, agricultural surveys can be used. National Statistical Offices (NSOs) are strongly recommended to collect self-reported data rather than proxy data – ie., to ask individuals about what they hold, not about what other household members hold. The number of household members to interview depends on the objectives of the surveys and resources available: either one randomly selected adult household member, or all household members.
  7. 7. METHODOLOGY • Individuals may have the right to sell/give away or bequeath land in absence of legal documents, therefore the indicator combines documentation with the right to sell/give away or bequeath to render it comparable across countries. • Based on the analysis of the 7 pilots, the 3 proxies offer the most robust measure of tenure rights ensuring comparability across countries with diverse prevalence of documentation.
  8. 8. METHODOLOGY: 2 OPTIONS • Recommended when countries are only interested in estimating SDG 5.a.1. • 5 questions appended to a national household survey • Unit of observation is individual • Recommended when:  Countries want to collect more data items for fuller understanding of land tenure rights from a gender perspective or  Survey already includes a parcel level module • Parcel-level module appended to a national household survey • Unit of observation is the agricultural parcel Minimum Set of Questions at individual level Parcel-level Module
  9. 9. METHODOLOGY: EXAMPLE OF INDIVIDUAL LEVEL QUESTIONS QUESTIONS FUNCTION Q1. Do you own or hold any agricultural land, either alone or jointly with someone else? (Y/N) respondent’s self-perception Q2. what legally recognized documents do you have for any of the agricultural land you own or hold? [tick all that apply] (country specific list including legally recognized documents and not. Only legally recognized documents shall be considered for the computation of 5.a.1. Presence of legally recognized document an individual can use to claim tenure rights in law over the land Q3. (for each selected document) Is your name is listed as an owner or use right holder on [SELECTED DOCUMENT]? (Y/N) Respondent has documented tenure security Q4. Do you have the right to sell or give away permanently any of the agricultural land you own or hold, either alone or jointly with someone else? (Y/N) Respondent has alienation rights Q5. Do you have the right to bequeath any of the agricultural land you own or hold, either alone or jointly with someone else? (Y/N) Respondent has alienation rights
  10. 10. FAO – CAPACITY DEVELOPMENT/TECHNICAL ASSISTANCE Ongoing work with 1.4.2 custodian agencies (WB and UN-Habitat) to:  Develop a unique module that can generate both SDG 5.a.1 and SDG 1.4.2  Draft of a joint publication presenting a unique module that collects data for both the indicators  Agree on a collaborative capacity development approach / strategy E-learning course Workshops / Trainings  Side event to the IAEG-Gender Statistics, November 2017  4 Regional Trainings (in collaboration with EDGE project) (2017-18)  1 Global Training (2 countries per region plus FAO regional statisticians) (Jan/Feb 2018)  1 training in collaboration with SDG 1.4.2 (WB Land Conference 2018)  Ad-hoc technical assistance to support countries in the collection of 5.a.1 data
  11. 11. INDICATOR 5.A.2 Indicator 5.a.2 is a legal indicator: “Percentage of countries where the legal framework (including customary law) guarantees women’s equal rights to land ownership and/or control. “ Why focus on land? Land is a key economic resource inextricably linked to access to, use of and control over other economic and productive resources. Women’s land ownership and/or control is fundamental because:  guarantees economic security and avoid falling into poverty;  reduces women’s reliance on male partners and relatives;  increases women’s bargaining power within the household;  improves women’s chances of accessing extension services and credit;  encourages women to undertake or expand their business investments, and, in rural areas, to join producer organisations
  12. 12. INDICATOR OVERVIEW Indicator 5.a.2 officially endorsed by the 47th Session of the UN Statistical Commission, March 2016 Custodianship: FAO. Methodological work: led by the Gender and Land Rights team of Social Policies and Rural Institutions Division of FAO. It builds upon the FAO Legal Assessment Tool (LAT) on gender equitable land tenure. Piloting: Pilot studies have been carried out in 10 countries representative of all the regions to ensure universality, feasibility, and clarity of the methodology. Initially classified as Tier III indicator. FAO has recently submitted the methodology to the IAEG-SDG for its upgrade to Tier II Group in November 2017.
  13. 13. SOURCES  Data on 5.a.2 is constituted by official published primary material, not de facto status, i.e. customary law needs to be incorporated in the legal framework to be considered.  For the purpose of assessing 5.a.2 only primary and secondary legislation are relevant, as they are legally binding documents  Data for measuring 5.a.2: Laws (primary and secondary laws) i.e.: Constitution, family laws, marriage laws, inheritance laws, land laws, laws/regulations on registration of land, Laws on gender equality  Although policies (i.e Agriculture, Land, Gender) are also collected and analysed as they constitute the foundation of the laws, they do not qualify for the reporting because they are not binding.
  14. 14. METHODOLOGY Indicator 5.a.2 “Percentage of countries where the legal framework (including customary law) guarantees women’s equal rights to land ownership and/or control. “ Progress under indicator 5.a.2 is measured by testing the legal and policy framework against six proxies: 1. Mandatory joint registration, or economic incentives for joint registration of land; 2. Spousal consent prior to land transactions; 3. Equal rights for sons and daughters to inherit and for surviving spouses to receive an inheritance share; 4. Budgetary commitments to strengthen equal rights for women regarding both the ownership and/or control of land; 5. Where customary systems are recognized in the legal and policy framework, women’s land rights are protected. 6. Mandatory participation of women in land institutions
  15. 15. METHODOLOGY: TERMINOLOGY Land – is all immovable property – for instance the house, the land upon which a house is built and land which is used for others purposes, such as agricultural production. It also encompasses any other structures built on land to meet permanent purposes. Land ownership - is a legally recognised right to acquire, to use and to transfer land. In private property systems, this is a right akin to a freehold tenure. In systems where land is owned by the state, the term land ownership refers to possession of the rights most akin to ownership in a private property system. Control over land - is the ability to make decisions over land. It may include rights to make decisions about how the land should be used, including what crops should be planted, and to benefit financially from the sale of crops. Legal and policy framework - encompasses the Constitution, policy, primary legislation and secondary legislation. The legal and policy framework includes customary legal systems where they have been recognised by statutory law or the Constitution.
  16. 16. METHODOLOGY: KEY RULES FOR THE ASSESSMENT • Data sources: Official published primary material on the law and policy framework: not de facto status, i.e. customary law needs to be incorporated in the legal framework to be considered. • Religious laws: in systems with multiple religious laws, focus on situation for two largest religious groups. • Customary law: only relevant when recognized in legal framework (i.e. no measuring of de facto incidence).
  17. 17. METHODOLOGY: CLASSIFICATION AND REPORTING Where Proxy E is applicable Where Proxy E is not applicable Classification None of the six proxies are present in the primary or primary and secondary legislation None of the five proxies are present in the primary or primary and secondary legislation Band 1: No evidence of guarantees of gender equality in the land ownership and/or control in the legal framework. One of the proxies present in primary or primary and secondary legislation One of the proxies present in primary or primary and secondary legislation Band 2: Very low levels of guarantees of gender equality in land ownership and/or control in the legal framework. Two the proxies present in primary or primary and secondary legislation Two of the proxies present in primary and secondary legislation Band 3: Low levels of guarantees of gender equality in land ownership and/or control in the legal framework. Three of the proxies are present in primary legislation or primary and secondary legislation Three of the proxies are present in primary legislation or primary and secondary legislation Band 4: Medium levels of guarantees of gender equality in land ownership and/or control in the legal framework. Four of the proxies are present in primary legislation or primary and secondary legislation Four of the proxies are present in primary legislation or primary and secondary legislation Band 5: High levels of guarantees of gender equality in land ownership and/or control in the legal framework. Five or six proxies are present in primary legislation or primary and secondary legislation All five proxies are present in primary legislation or primary and secondary legislation Band 6: Very high levels of guarantees of gender equality in land ownership and/or control in the legal framework. Countries are classified according to the number of proxies identified in the primary and/or secondary laws
  18. 18. FAO – CAPACITY DEVELOPMENT/TECHNICAL ASSISTANCE E-learning course Workshops / Trainings  4 Regional Trainings (2018-19)  1 Global Training (2 countries per region plus FAO regional gender officers) (Feb 2018)  2 raising awareness workshop (WB Land Conference 2018 and CSW)  Ad-hoc technical assistance to support countries in the 5.a.2 assesment
  19. 19. QUESTIONS FOR THE PANEL 5.a.1 (statistical indicator) What do you think are the most important challenges for the monitoring of indicator 5.a.1? Which kind of support you think that FAO can provide to overcome these challenges? what types of surveys, in your country, are more likely to be used for the collection of this indicator? 5.a.2 (legal indicator) What do you think are the most important challenges for the monitoring of indicator 5.a.2? Which kind of support you think that FAO can provide to overcome these challenges?
  20. 20. FOR MORE INFORMATION, PLEASE CONTACT: INDICATOR 5.A.1 – CHIARA BRUNELLI (CHIARA.BRUNELLI@FAO.ORG) INDICATOR 5.A.2 – MARTHA OSORIO (MARTHA.OSORIO@FAO.ORG) 20

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