Report - Office of the High Commissioner on Human Rights

The key regional issues for women in <strong>the</strong> Pacific, in relation to <strong>the</strong> human rights to land and housing,
that emerged from <strong>the</strong> training and <strong>the</strong> testimonies included:
• The lack <strong>of</strong> equal participation <strong>of</strong> women at all levels <strong>of</strong> decision-making relevant to <strong>the</strong> realisation
<strong>of</strong> <strong>the</strong> rights to adequate housing and land. This is reinforced by traditional norms and religious
practices that give supremacy to men and <strong>the</strong>reby omit women from decision-making forums.
Women are also absent from <strong>the</strong> processes in which government policies on land and housing
are developed;
• The perpetuation <strong>of</strong> patriarchal cultures and systems that discriminate against and oppress women
in custom, in religion, in <strong>the</strong> family, and in <strong>the</strong> community. These are reflected strongly in inheritance
systems that directly discriminate against women. Patriarchal structures and unequal power
relationships between men and women are reinforced through different forms <strong>of</strong> violence against
women. Patriarchal values and systems are fur<strong>the</strong>r reflected in State institutions, which work to
limit women’s access to grievance redressal mechanisms;
• As a result <strong>of</strong> intersectional discrimination, specific groups <strong>of</strong> women, particularly lesbians, women
with disabilities, indigenous women and ethnic women are more vulnerable to violations <strong>of</strong> <strong>the</strong>ir
rights to adequate housing and land;
• Gender discriminatory customary and civil laws restrict women’s scope to challenge such
discrimination and seek redress. This is compounded by confusion arising from conflicts between
customary and constitutional law, conflicts within various constitutions, as well as conflicts
between domestic customs and international human rights law. Politicians, judges and law-makers
<strong>of</strong>ten fall back on cultural norms that may discriminate against women. Additionally, <strong>the</strong> policies
<strong>of</strong> donors and regional bodies (such as <strong>the</strong> Asian Development Bank) are <strong>of</strong>ten inconsistent with
international laws and human rights standards <strong>of</strong> non-discrimination;
• The retrogression in women’s enjoyment <strong>of</strong> housing and land rights. This is due to phenomena
related to mixed marriages (i.e. inter-marriages between matrilineal and patrilineal systems), <strong>the</strong>
feminisation <strong>of</strong> poverty (where women are forced to consistently live in poor conditions, which
can be a form <strong>of</strong> violence in itself), armed conflict, violence against women, development (rights
<strong>of</strong> traditional land owners are being eroded by settler communities and multinational corporations)
and most importantly, increasing population, migration, urbanisation, overcrowding and <strong>the</strong>
reduced availability <strong>of</strong> land. The lack <strong>of</strong> accountability <strong>of</strong> States and donors coupled with a tendency
<strong>of</strong> donors to focus on short-term interventions, does not ensure <strong>the</strong> development <strong>of</strong> adequate longterm
measures to prevent fur<strong>the</strong>r retrogression.
Throughout <strong>the</strong> consultations participants shared examples <strong>of</strong> strategies that had been effectively used
in <strong>the</strong> Pacific. They also identified fur<strong>the</strong>r strategies at <strong>the</strong> local, national, regional and international
level that could be used to advance women’s human rights to adequate housing and land. The
Consultation concluded with recommendations made to <strong>the</strong> Special Rapporteur on adequate housing
that included:
• Address women’s equal rights to inheritance as a critical element <strong>of</strong> women’s rights to adequate
housing and land;
• Recommend that States review customary and national laws that deny women equal rights to
adequate housing, land and inheritance, and resolve any conflicts that exist between customs, laws
and human rights standards; and
EXECUTIVE SUMMARY 3