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28 Jul 2016

Legislative Provisions Regulating Women's Access and Ownership of Land And Property in Nepal

In Nepal, approximately 73 per cent of women are engaged in agriculture, contributing to all stages from management to marketing. Yet,  women’s access and ownership of land in the country remains marginal. According to 2011 population census, only in 19.71 per cent of the households in the country, women have ownership of land and property. Women in Nepal face significant barriers in accessing land and property, including gaps in policy and practices, traditional norms, and inefficiency and apathy of the government system. In particular, legal barriers act as a major hindrance for women to access and own land and property in Nepal.

This report analyses the existing legal policies and practices of the Government of Nepal to promote women’s equal access and ownership over land and property. In addition to highlighting the progressive steps taken, the report also identifies gaps and weaknesses in those existing policies and practices that have implications on women’s access, control and ownership over land and property. The report also reviews best practices in terms of constitutional, legal and programmatic interventions from 10 different countries in Asia, Africa and Latin America in relation to women’s land and property rights. Lastly, the report provides a set of recommendations to the Government of Nepal to address the identified gaps taking into consideration the best practices of other countries for promoting women’s rights to land and property in Nepal. 

  • Acronyms 
  • Executive Summary
  • Part I: Introduction, Objectives and Methodology
    • 1.1 Background
    • 1.2 Objective of the Study
    • 1.3 Methodology of the Study
  • Part II: Land Rights in Practice and Gaps Towards Gender Equality in Nepal
    • 2.1 International Treaties and Provisions on Women’s Land Rights
    • 2.2 National Land Policies, Legislation and Women’s Land Access
    • 2.3 An Overview of Women’s land Rights in Nepal
    • 2.4 Customary Practices on Women’s Rights to Access Land
    • 2.5 Barriers for Women’s Land Rights
  • Part III: International Experiences-Best Practices on Gender Responsive Land Tenure Security and Ownership
    • 3.1 Review of International Legislations and Practices
  • Part IV: Conclusion and Recommendations
    • 4.1 Conclusion
    • 4.2 Recommendations
  • References
  • Annex A: Name List of Focus Group Discussions and Interviews