Tenencia consuetudinaria
AGROVOC URI:
Relationship between Large-Scale Agricultural Investors and Local Communities
Key points:
Legal Pluralism and Tenure Security
The purpose of the research is to: 1) investigate the interpretation of the sections in the Lands Act of 1995 that provide for the statutory recognition on one hand, and conversion of customary land, on the other; and 2) discuss the effects of the said sections on customary landholders. Methodologically, qualitative methods (largely in-depth interviews) were used to conclude that governments in sub-Sahara Africa are the architects of tenure insecurity because they (knowingly or otherwise) enact laws that are contradictory or conflicting in nature.
The Role of Culture and Belief Systems in Shaping Customary Land Reform
In their quest for economic development through increased private investment, many developing countries are reformulating land policies to pave way for the transformation of communal land rights into private property. However, these customary land reform efforts have often been frustrated by indigenous people who feel such proposals threaten rural livelihoods and undermine the traditional political structures. Most of the research on this subject has focused on whether, how and/or to what extent the objectives of land reforms (e.g.
Contestation, confusion and corruption
This paper explores the politics of ‘customary’ land tenure, land reform, and traditional leaders in Zambia. In Zambia, as elsewhere in Southern Africa, the government at the behest of donors has implemented market-based tenure reform legislation. This legislation aims to improve the security of land tenure and to promote development through investment. The paper shows how complex, indeterminate, and contentious this tenure reform has been on the ground – particularly in relation to the 94 per cent of Zambian land that is held in ‘customary’ tenure.
Zambia National Resettlement Policy
Government has been implementing the Land Resettlement Programme for over twenty four (24) years, focusing mainly on land resettlement for agricultural purposes without a comprehensive policy and legal framework. This has caused a number of challenges including lack of a coordination mechanism at higher level of Government in the implementation of the land resettlement programme, land disputes and low levels of infrastructure development and service provision in the resettlement schemes.
Decentralised Land Governance
This reviews the literature on decentralised land governance in Southern Africa, highlighting key issues and challenges of ‘land governance from below’.
Land and Governance under Fifth Scheduled Areas-An Overview of the law
This book made an attempt to bring together various legislative protections available to the tribals communities pertaining to the land and governance in the scheduled areas and the role of different institutions to achieve the goals enshrined in the Constitution. It examined the Fifth Schedule of the Constitution and its various provisions and special arrangements made for areas inhabited by Scheduled Tribes and the law relating to local self governance in these areas, primarily through village panchayat-an institution of local self governance.
Land ownership, administration & status of forests of Khasi Hills Autonomous District Council of Meghalaya
The article published in NeBIO-An International Journal of Environment and Biodiversity highlights the complicated classifications of land ownership in Khasi Hills viz., private land, group or clan land, community land and government land.
Perspectives on Land Tenure Security in Rural and Urban SA
Approaches to securing tenure have been dominated by debates about whether titling advances secure land tenure and development in developing countries or whether it is either ineffectual or detrimental to socially more relevant systems. While the policies of many developing countries, including South Africa, continue to support titling approaches to securing tenure, there is widespread confirmation in the literature that title can be problematic for poor people living in both urban and rural areas.
Traditional land matters – a look into land administration in tribal areas in KwaZulu-Natal
This paper is concerned primarily with the functions of land administration. Its
purpose is to describe the current land administration practices as understood by
traditional structures with a view to unpacking some of the components of the existing
African tenure arrangements in KwaZulu-Natal. This, it is hoped, will help to create a
base to understand how communal land systems operate, regardless of which structure
governs them, in order to support practices that secure tenure effectively.
India Land & Development Conference 2017-Proceedings
This report was prepared by Centre for Land Governance, NRMC, the Secretariat of India Land & Development Conference 2017. This report provides an overview of the proceedings of India Land & Development Conference, organized at India International Centre, New Delhi, India on April 5-6th 2017.
This report consists sharing of experiences, knowledge and practices over eight thematic sessions, two panel discussions and a special session.
Eight Sessions in the Conference are as follows: