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.
This paper examines the evolution and the nature of the current forms of land tenure in Masindi District and the extent to which these forms impair or facilitate positive socio-economic changes. Such an examination is vital in light of the fact that there exists no convincing empirically grounded studies on the impact of the official land policies on the relationships between forms of land tenure, social structure and agricultural production.
Post-conflict northern Uganda has witnessed an increase in disputes over land. This has, to a great extent, been as a result of the armed conflict and its aftermath. Beyond that, other chaotic factors embedded in various social, legal, economic, and political aspects of this society have influenced the nature, gravity, and dynamics of these disputes and the way in which Traditional Institutions and the Local Council Courts have attempted to resolve them.
While women’s rights to land and property are protected under the Kenyan Constitution of 2010 and in various national statutes, in practice, women remain disadvantaged and discriminated. The main source of restriction is customary laws and practices, which continue to prohibit women from owning or inheriting land and other forms of property.
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
Contemporary waves of large scale land acquisitions for commercial production in developing countries in Africa and other parts of the world have been branded as ‘land grabs’ by many scholars, media and activists. Some scholars have describe this phenomena as the “new scramble for Africa” (Moyo and Yeros, 2011). However, others have refuted such a description on the grounds that the current land deals are being negotiated by sovereign African states in the exercise of powers that they have under national laws (Odhiambo, 2011).
Land and resource conflicts in India have deep implications for the well-being of the country’s people, institutions, investments, and long-term development. These conflicts reveal deep structural flaws in the country’s social, agrarian, and institutional structures, including ambiguities in property rights regimes and institutions. In 2014, a study focusing primarily on reports in the national media reflected the gravity of these conflicts.
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