Women’s Land Rights in the Post 2015 Development Agenda Indicators 5.a.1 and 5.a.2 GLII Expert Group Meeting Cape Town, 13/01/2017

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” 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”.

Indicators 5.a.1 and 5.a.2 are strictly interconnected Outcome indicator Legal indicator Indicators 5.a.1 and 5.a.2 are strictly interconnected Sex disaggregated data (SDD) on land ownership disclose the actual situation of women Analysis of legal framework identifies causes and bottlenecks. National Statistical Offices should help determine whether or not special measures should be discontinued, adjusted or prolonged to better address the disparities The collection of data under Indicator 5.a.2 should be done in conjunction with the collection of information under Indicator 5.a.1, for several reasons. First, disaggregated data on land ownership or secure rights over agricultural land will help clarify the situation of women’s legal security in relation to agricultural land. Second, data on the share of women among owners or rights-bearers of agricultural land will provide a clearer picture of the disparities that exist between men and women. Finally, the disaggregation by type of tenure can help prioritise the tenure arrangements where the widest gaps have been found. This data should form the basis for the adoption, discontinuation or revision of temporary special measures. At country level, the link between the use of temporary special measures and the collection of data on land ownership or secure rights over agricultural land needs to be better acknowledged and better integrated into policy-making processes. The type of special measure to adopt should be determined using the evidence provided by statistical data, on where the disparities are and in what tenure type. In practice, the National Statistics Office should collaborate with the overseeing body tasked with the monitoring of special measures to determine whether or not to discontinue the use of special measures, to prolong their use or to adjust them to better target the disparities on the ground.   

𝑁𝑜. 𝑤𝑜𝑚𝑒𝑛 𝑡ℎ𝑎𝑡 𝑜𝑤𝑛 𝑎𝑔. 𝑙𝑎𝑛𝑑 𝑁𝑜. 𝑝𝑒𝑜𝑝𝑙𝑒 𝑡ℎ𝑎𝑡 𝑜𝑤𝑛 𝑎𝑔. 𝑙𝑎𝑛𝑑 * 100 “(a) Percentage of people with ownership or secure rights over agricultural land (out of total agricultural population), by sex; (b) Share of women among owners or rights-bearers of agricultural land”, by type of tenure Part (a) measures the incidence of people with ownership or secure rights on ag land 𝑁𝑜. 𝑎𝑔𝑟𝑖𝑐𝑢𝑙𝑡𝑢𝑟𝑎𝑙 𝑝𝑒𝑜𝑝𝑙𝑒 𝑡ℎ𝑎𝑡 𝑜𝑤𝑛 𝑎𝑔. 𝑙𝑎𝑛𝑑 𝑁𝑜. 𝑎𝑔𝑟𝑖𝑐𝑢𝑙𝑡𝑢𝑟𝑎𝑙 𝑝𝑒𝑜𝑝𝑙𝑒 * 100 Part (b) focusses on the gender parity measuring the extent to which women are disadvantaged in ownership or rights over ag land 𝑁𝑜. 𝑤𝑜𝑚𝑒𝑛 𝑡ℎ𝑎𝑡 𝑜𝑤𝑛 𝑎𝑔. 𝑙𝑎𝑛𝑑 𝑁𝑜. 𝑝𝑒𝑜𝑝𝑙𝑒 𝑡ℎ𝑎𝑡 𝑜𝑤𝑛 𝑎𝑔. 𝑙𝑎𝑛𝑑 * 100

Being gender sensitive, the indicator embraces: 5a1 focuses on agricultural land as this is a key productive resource in developing countries where poverty reduction strategies are necessarily linked to agricultural development Target is the agricultural population because secure rights over agricultural land are relevant especially for people engaged in agriculture Being gender sensitive, the indicator embraces: Documented ownership: presence of title, certificate, or deed Reported ownership: relevant if a formal registration system is not in place Rights over land: measured through proxies that capture individuals’ capability to control and take decisions over the land. In particular: economic rights alienation rights The landowner is the legal owner of the land. Definitions of ownership may vary across countries and surveys. For instance, documented ownership means that ownership is verified through title or deed, while reported ownership relies on individuals’ own judgment. Reported ownership may be more appropriate in countries where a formal registration system is not in place. From the gender perspective, it is also very important to collect a series of proxies that inform us on women’s bundle of rights. In particular: Economic rights over the assets: are the rights to benefit economically from the disposal of the asset. An individual has the economic rights over land if s/he can decide how to use the proceeds associated with the sale/rental of the asset. S/he can or cannot be the same person who accepts the associated risks. Alienation rights: are the rights to transfer the asset. These may be further distinguished in ‘right to sell’ and ‘right to bequeat’.

Current status: data are scarce and frequently incomparable Available data do not allow computing a baseline at global level. Possible Sources: However, land ownership data can be collected through surveys simply inserting a devoted module in already existing data collection programmes: (preferably) National Household Surveys (alternatively) Agricultural Surveys and Censuses

Methodological work Methodological work is led by the The Evidence and Data for Gender Equality (EDGE) project, a joint initiative of UNSD and UN Women, in collaboration with the Asian Dev. Bank, FAO and WB

March ’17: Submission to UNSC 2013: 2014-16: Dec ’16-Feb ’17 methodology discussed wt agencies and NSOs Identification of problematic areas 2014-16: Field tests in 7 countries Dec ’16-Feb ’17 5a1 methodology finalization (Consultation Process) March ’17: Submission to UNSC 7 pilots: Georgia, Maldives, Mexico, Mongolia, Philippines, South Africa, and Uganda An additional broad consultation will take place from December 2016 to February 2017 to receive feedback and comments on the draft Guidelines from NSOs. Comments received will be reflected either directly in the Guidelines shared with UNSC (if time permits), or will be compiled in a document attached to the Guidelines and incorporated after the Statistical Commission takes place in March 2017.

FAO Role Secondary analysis of 6 sub-saharan african countries showing the ‘imperfect’ overlap between reported ownership and rights over land (working paper available at www.gsars.org). Providing feedback to the EDGE recommendations. Capacity development initiatives will be rolled out, once the methodology is finalized: E-learning courses Regional Workshops Promote the collection of 5.a.1 in Agricultural Surveys (through the Integrated AGricultural Suryey project, AGRIS)

Preliminary Conclusions Inadequacy of admin data, esp. in developing countries and for gender-relevant indicators Documented ownership is a necessary but insufficient proxy Imperfect overlap between documented, reported ownership and other rights → need to explore the entire bundle of rights. Avoid sex-disaggregating based on the sex of the household head. Rather, collect data on at least one HH member, randomly selected Data are strongly affected by the respondent selection → individuals should respond for the assets they own. If possible, collect ownership at parcel level Capture joint ownership Go beyond document / reported ownership and investigate the ‘bundle of rights’ over land Particularly relevant in those contexts where the concept of private ownership is not applicable Also important in those countries where the concept of private ownership exist to better capture gender-based differences in access to and decision-making over land. Literature distinguish between: Access: the right to use the asset Withdrawal: the right to claim output and/or income produced by the asset Management: the right to make decisions about how to use the asset Alienation: the right to transfer the asset to others

Based on these preliminary conclusions work is ongoing to: Recommend the survey questions needed to capture the numerator and the denominator of the 5.a.1 indicator Indicate the computation formulas and key tabulations Provide options, taking into account the specific objectives and approaches of different survey programmes (LSMS, DHS, Ag Surveys, etc.) Operational Guidance will be provided before the UNSC, in March Go beyond document / reported ownership and investigate the ‘bundle of rights’ over land Particularly relevant in those contexts where the concept of private ownership is not applicable Also important in those countries where the concept of private ownership exist to better capture gender-based differences in access to and decision-making over land. Literature distinguish between: Access: the right to use the asset Withdrawal: the right to claim output and/or income produced by the asset Management: the right to make decisions about how to use the asset Alienation: the right to transfer the asset to others

“Proportion of countries where the legal framework (including customary law) guarantees women’s equal rights to land ownership and/or control”. Monitor national policy objectives, draft and legal provisions and implementing legislation that guarantee women’s equal rights to land ownership and/or control. Based on 4 draft proxies

Does the legal and policy framework provide for the establishment of a fund to increase women’s access to land and/or access to productive resources and services? Is joint titling of private property compulsory or encouraged through economic incentives for married or unmarried couples in accordance with national law? Does the legal and policy framework require the consent of the spouse or partner prior to the sale or transfer of landed property? Does the legal and policy framework provide that sons and daughters have equal inheritance rights? In legal systems that recognize customary land tenure, does the legal and policy framework explicitly protect the land rights of women? (*) (*) not globally applicable. Additional proxy not included in the computation of the global level 5.a.2.

Expert meeting on proposed proxies 1. Expert meeting on proposed proxies (Feb 2017) 2. Protocol for countries 3. Capacity Development 4. Collection and consolidation of country data Participants: UN-Habitat UN-Women, World Bank Landesa Oxfam Action Aid IDLO Ind. consultants Guidelines on: Designation of Responsible Entity Designation of National Legal Expert Conducting Expert Analysis (questionnaire) Result Validation Data Transmission Approach: E-Learning Regional Workshops

Indicator similar to 5.a.1 is already being generated as part of the FAO Legal Assessment Tool (“LAT”) and results are disseminated through the FAO Gender and Land Rights Database http://www.fao.org/gender-landrights-database/legislation-assessment-tool/indicators/en/?sta_id=964

Example Does the legal framework provide for the establishment of a fund to increase women’s access to land and/or access to productive resources and services?    Absent  In draft policy document  In formally adopted policy document  In draft legislation (Bill)  In primary law  In secondary legislation (order, rule, regulation)  Policy or legal instruments where the proxy/proxies was/were located: …………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………

Thanks ! For information on 5a1 Chiara Brunelli Statistician, FAO (Chiara.Brunelli@fao.org) Javier Molina, Senior Land Tenure Officer, FAO (Javier.MolinaCruz@fao.org) For information on 5a2 Martha Osorio, Policy Officer, FAO (Martha.Osorio@fao.org) ReneeLouise Chartres Legal Expert, Consultant, FAO (ReneeLouise.Chartres@fao.org)