Date: 13 mai 2019

Source: Foncier & Développement

Par: Alexis Gonin (Université Paris Nanterre)

Dernière édition des Cahiers du Pôle Foncier : Concurrences spatiales, libre accès et insécurité foncière des éleveurs (sud-ouest du Burkina Faso)

It is universally recognized that Registration of Title is superior

to the other, systems mainly.because the method of recording used In Registration of Title does not depend so much on documents and human beings which are; subject to movement;,and mistaken identity, as on the parcels of:land affected, which are immovable, indestructible and precisely definable.

Les questions foncières constituent des préoccupations croissantes pour les gouvernements, le secteur privé, les organisations paysannes et la société civile en Afrique centrale. Il en est de même pour les partenaires au développement intervenant dans cette région.

Land acquisition by the government or a private entity to aid industrialization remains a critical policy concern. In 2013, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR Act of 2013) became the premier land law in India. The Act creates a transparent process through which buyers can acquire land for industrialization and other commercial activities. However, the succeeding government was dissatisfied with some provisions in the original Act and floated two Amendment Bills in 2014 and 2015.

This paper undertakes a comparative analysis of rural-urban land conversion policies in China and Vietnam, and examines the ideology of the state in land policymaking under a market socialism environment. It argues that land policies in both countries include ambiguous boundaries, which allow the socialist state to legitimize its politico-administrative power in land management and retain strong intervention capacity in the land market.

This paper explores the challenges for democratizing land and natural resource control in Guatemala through use of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and Forests (Tenure Guidelines). This international human rights instrument comes at a critical moment, in which the current global land rush has shaped contemporary agrarian transformation with serious implications for the right to food and control of natural resources.

For historical reasons, Kenya inherited a highly skewed system of land ownership at independence in 1963. British colonialism in Kenya was not merely administrative. Rather, it was accompanied by massive and widespread land alienation for the benefit of settler agriculture. As a result the best agricultural land-the White Highlands and the adjacent rangelands were taken from the Africans, without compensation, and parceled out to white settlers. Colonial legislation was enacted to legalize this process.

The Land Sector Non State Actors (LSNSA) is a network of civil society organizations working together to promote secure and equitable access to land and natural resource for all through advocacy, dialogue and capacity building. We petition parliament on issues we hold to be of fundamental importance in the context and content of the two bills before the National Assembly.

Institutional framework for land administration and management being a whole set of services that make the land tenure system within Kenya socially, ecologically and economically relevant and operational has generally failed to operationalise the general functional components of land administration i.e. juridical, regulatory, fiscal, cadastral and adjudicative, efficiently. This is because land administration structures and infrastructures are perceived as factors external to the land tenure system itself.

The Historical Injustices Issues Paper seeks to present the various historical land claims issues and perspective related to them and consequently proffer policy statements for their redress.

The Civil Society commends the Ministry of Lands for spearheading the important process of developing the Draft National Policy, and affirms that land is central to the livelihoods of most Kenyans and as such its access, use, ownership, administration and distribution are of key national concern. Thus, having critically examined the Draft Policy we do hereby make our position on the way forward on the salient policy proposals of the Draft National Land Policy document.

The National Land Policy in Kenya: Critical Public Land Issues and Policy Statements is a guide to steer the debate and eventual formulation of a National Land Policy and legislative framework that will address issues of management and administration of public land in Kenya.