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.
Northern Uganda is the scene of one of the world’s most volatile and spontaneous processes of reintegration. There are approximately 1.1 to 1.4 million people in the Acholi sub-region at the time of writing3 ; 295,000 internally-displaced persons (IDPs) remain displaced either in IDP camps or transit sites. Approximately 800,000 Acholis have already left the camps and spontaneously returned home over the last three years.
Northern Uganda is currently recovering from a 20-year long civil war that left the area in ruins. One of the groups, the Lord’s Resistance Army, orchestrated brutal mass murders and abductions forcing nearly two million people to live internally displaced people’s (IDP) camps for over 10 years. The war particularly affected the people of Acholi and Lango sub-regions which had previously suffered sporadic attacks by armed Karamajong cattle rustlers from north eastern Uganda.
The need for affirmative action and the mainstreaming of the commons community plus a comprehensive strategy to secure indigenous and community land has become a major global concern of the 21st century. To achieve this will require out of the box reform mechanisms and the participation of the communities concerned, such that the reforms recognize and embrace indigenous systems and structures that offer avenues to secure collective rights, land use and management of commons resources; namely pastures, water and forests among others.
In Kenya, insecure land tenure and inequitable access to land and natural resources have contributed to conflict and violence, which has in return exacerbated food insecurity. Most farmers in Kenya have no legal title for the land on which they farm. Sources of tenure insecurity can be ethnic conflicts over land between neighbouring communities, particularly in the Northern provinces, expropriation by the state or local government and land grabbing by local elite or companies. Competition is as well growing over water, especially over groundwater, which is scarce in Kenya.
THE COMMUNITY LAND ACT No. 27 of 2016
Date of Assent: 3lst August,2016
Date of Commencement : 2 I st September, 201 6
The Land Act, 2012
The Land Registration Act, 2012
The National Land Commission Act, 2012
The Environment & Land Court Act, 2011
The Urban Areas & Cities Act, 2011
The land tenure system of Tanzania has passed through different historical milestones which form the basis for the analysis of the land tenure regime in general and tenure relations for land owners and users in particular in the past eight decades. The history dates back to 1923 when the British colonial legislative assembly enacted the Land Ordinance cap 113 to guide and regulate land use and ownership in Tanganyika which was their protectorate colony. Prior to this law, all the land in Tanzania was owned under customary tenure governed by clan and tribal traditions.
This is the report relating to the facts finding mission conducted by HAKIARDHI and LHRC as an intervention in response to an outcry from the villagers at Namwawala village in Kilombero district, Morogoro region, owing to the alleged plan of the government to take possession of the village land for investment purposes.
A través de nuestro sólido motor de búsqueda, puede explorar cualquier elemento de los más de 64.800 recursos rigurosamente seleccionados en la Biblioteca de la Tierra. Si desea obtener una visión general de lo que es posible, siéntase libre de examinar la Guía de búsqueda.
