English - CEDAW Southeast Asia

CEDAW and the Law:
the heads of household are single women or widows. 656 In most cases, registration is only in
the name of the husband as they are considered as the head of household; and, hence,
deemed the sole decision maker on these matters. 657 This is especially the case in the rural
areas where, because of the custom of considering the husband as the only and sole head of
household, and because LUCs and the local land administration book only have the name of
household head, that will be the husband’s name. 658 This causes difficulties for women when
they need the LUC as collateral for loans, in cases of division of property during divorce, or in
cases of inheritance following the death of the husband. 659
The Constitution, Land Law, Marriage and Family Law and Decree on Marriage and
Family Law provide for equal rights of men and women over land. Households that have
already received LUCs with only the name of the head of the household on them should
request a new certificate with the names of both husband and wife on them. See Part V.12.3,
Indicator 105 for the discussion and recommendation on LUCs.
Indicator 99
Is there legislation to ensure the equal representation of ethnic
minority women in publicly elected bodies
Article 63 of the Constitution guarantees that male and female citizens have equal rights
in the political field. It further provides: “The citizen, regardless, of nationality, sex, social
background, religious belief, cultural standard, occupation, time of residence shall, upon
reaching the age of eighteen, have the right to vote, and upon reaching the age of twenty one,
have the right to stand for election to the National Assembly and the People’s Councils in
accordance with the provisions of the law.” This is restated in Article 2 of the Law on Election
to National Assembly 2001 as well as by Article 2 of the Law on the Election to People’s
Councils.
Article 11 of the Law on Gender Equality also emphasizes the equal rights of men and
women in relation to nominations or self-nomination of candidates to the National Assembly
and People’s Council, as well as to agencies of political organizations, socio-political
organizations, socio-political and professional organizations, social organizations, social and
professional organizations. Any one who impedes this is subject to the applicable
administrative or penal sanctions. 660
286
Particular laws, strategies and plans, such as the Law on Election to National Assembly
1997, Law on Election to National Assembly 2001, Law on Election to People’s Councils, Law
on Gender Equality, National Strategy for the Advancement of Women, Plan of Action for the
Advancement of Women, CPGRS and SEDP provide for the proportion of women in elected
positions, either in a general or specific manner. (For the specific provisions, see Part V.5.3,
Indicators 53-55.)
656
Ibid.
657
Wells, op. cit., p. 26
658
Combined Fifth and Sixth Periodic Report, p. 46
659
Ibid.
660
Law on Gender Equality, Article 40(1)
Review of key legal documents and compliance with CEDAW