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A Guide to Property Law in Uganda

Peer-reviewed publication
Noviembre, 2007
Uganda

This guide has been written as an information resource for government officials, community leaders, humanitarian aid workers, judges, lawyers and others whose responsibilities include upholding land and property rights in Uganda. It outlines the main provisions of Uganda’s constitutional and legal framework and the protection these provide to property rights. It briefly outlines the historical background to existing land tenure relations, describes the constitutional provisions relating to land in the 1995 Constitution and sets out the main provisions of the Land Act 1998.

Securing Community Land Rights: Priorities and Opportunities to Advance Climate And Sustainable Development Goals

Policy Papers & Briefs
Septiembre, 2017
Global
África
América Latina y el Caribe
Asia

Legally recognized and secure land and resource rights are fundamental to the advancement of global peace, prosperity, and sustainability. From the development of human cultures to the realization of democracy itself, tenure security underpins the very fabric of human society and our relationship to the natural environment. Today, insecure tenure rights threaten the livelihoods and wellbeing of a third of the world’s population, and with it, the very future of our planet.

Constitutional Court No. 35/PUU-X/2012

Legislation & Policies
Abril, 2013
Indonesia

The fourth paragraph of the Preamble of the 1945 Constitution of the Republic of Indonesia (hereinafter referred to as the 1945 Constitution) has very clearly stated the aim of the establishment of the Unitary State of Republic of Indonesia (NKRI) is "to protect all the people of Indonesia and all the independence and the land that has been struggled for, and to improve public welfare, to educate the life of the people and to participate toward the establishment of a world order based on freedom, perpetual peace and social justice ".

Customary Law and the Protection of Community Rights to Resources

Manuals & Guidelines
Diciembre, 2013
África
Sudáfrica

We believe that law should in principle assist vulnerable communities in changing power relations. Law is fundamentally a ‘neutral’ set of rules that constrains power by requiring decisions and actions of those in power to comply with legal rules, rights and obligations. Unfortunately, we have seen the powerful appropriate law as a tool for only protecting and strengthening their interests.


The role of land tenure and governance in reproducing and transforming spatial inequality

Reports & Research
Junio, 2017
Global

Various multilateral organisations, for instance the World Bank, the Food and Agricultural Organisation have been at the forefront of the different programmes designed to enhance tenure security of landholders as the basis for long-term agricultural development. This has been the case especially in parts of the world where customary systems of tenure are predominant. Wily argues that ‘so little of sub-Saharan Africa is subject to formal entitlements as legally recognised private properties’.

VINDICATING INDIGENOUS PEOPLES’ LAND RIGHTS IN KENYA

Reports & Research
Noviembre, 2008
Kenya

This thesis examines the extent to which Kenya’s domestic legal framework vindicates indigenous peoples’ land rights. The question of who is an indigenous person in Kenya is, of course, controversial. In order to avoid becoming enmeshed in this debate, this thesis adopts the approach of the African Commission on Human and Peoples’ Rights, which is based on identifying the key concerns faced by marginalised communities who self-identify as indigenous peoples.

The Community Land Act in Kenya

Journal Articles & Books
Diciembre, 2017
Kenya

Kenya is the most recent African state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered.

Law 445: Law of Communal Property Regime of the Indigenous Peoples and Ethnic Communities of the Autonomous Regions of the Atlantic Coast of Nicaragua and of the Rivers Bocay, Coco, Indio and Maiz

Legislation & Policies
Diciembre, 2002
Nicaragua

It is the ineludible commitment of the State of Nicaragua to respond to the claim for the titling of the lands and territories of the indigenous peoples and ethnic communities of the former Mosquitia of Nicaragua; right set forth in the International Treaties entered into between England and Nicaragua, such as the 1860 Managua Treaty and the 1905 Harrison-Altamirano Treaty. This right to the land is recognized in the 1987 Political Constitution of Nicaragua and the Statute of Autonomy of the Autonomous Regions of the Atlantic Coast.