This paper briefly explains the unique relationships of Orang Asli with the customary land. It further demonstrates the common views that there is a collision between the Orang Asli notion of land ownership and that of the state. In particular the discussion highlights the interpretation of customary tenure under section 4 (2) (a) of the National Land Code, 1965 and it significance with the Orang Asli customary land.
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Library ResourcePublicación revisada por paresDiciembre, 2013Malasia
Library ResourceInformes e investigacionesJulio, 2020Global
The interrelationship between secure land rights and economic development has gained increasing recognition, as a driver of economic development around the world. For indigenous peoples and communities, women and other vulnerable groups, secure land rights are fundamental for reducing poverty and boosting their shared prosperity. However, two-thirds of the world’s population still does not have access to secure tenure.
Library ResourceArtículos de revistas y librosSeptiembre, 2014Lesotho
The rhetoric of development served as a language for Sotho politicians from 1960–70 to debate the meanings of political participation. The relative paucity of aid in this period gave outsized importance to small projects run in rural villages, and stood in stark contrast to the period from the mid-1970s onwards when aid became an ‘antipolitics machine’ that worked to undermine national sovereignty.
Library ResourcePublicación revisada por paresNoviembre, 2017Indonesia
We examine the emergence of land markets and their effects on forest land appropriation by farm households in Jambi Province, Sumatra, using micro-level data covering land use and land transactions for a period of more than 20 years (1992–2015). Based on a theoretical model of land acquisition by a heterogeneous farming population, different hypotheses are developed and empirically tested. Farm households involved in forest land appropriation differ from those involved in land market purchases in terms of migration status and other socioeconomic characteristics.
Library ResourceArtículos de revistas y librosEnero, 2015Etiopía
This paper examines the role of customary pastoral institutions in managing conflicts. It indicates thatintra‐ethnic conflicts can be managed customarily because of shared norms attributed to the social proximity and cultural homogeneity, whereas managing inter‐ethnic conflicts goes beyond the capacity of elders' council exercising customary law. The introduction of ethnic‐based federalism and historical political relations between different ethnic groups has weakened customary institutions in managing inter‐ethnic conflict.
Library ResourceInformes e investigacionesDiciembre, 2005Kenya
This paper looks at issues of gender and tenure in African customary law. It argues that under all systems of law in many African countries, ownership of land and associated resources is very much anchored in patriarchy. It decries the failure to isolate positive aspects of customary law and the preponderance of women-unfriendly customary law which influences statutory and other forms of law. Part II of the paper provides the conceptual and theoretical premises of the paper. It looks at patriarchy, gender and law and their impact on tenure relations emphasising the male dominance.
Library ResourceArtículos de revistas y librosDiciembre, 1996Kenya
The relationship between land ownership and the sustainable use of natural resources is examined within the context of constitutional change in Africa. Using Kenya as an example, it is demonstrated that current constitutional arrangements put excessive emphasis on the protection of private property rights without requiring the corresponding duty of ecological stewardship. This has resulted in the failure of government policies and development practices to fully integrate environmental considerations into growth strategies.
Library ResourceArtículos de revistas y librosDiciembre, 2000Kenya
The various legal, political, economic and social perspectives that have influenced the land reform discourse in Kenya are examined. The historical perspectives of the land question in Kenya are outlined, and the factors that shaped the content of Kenya's land law and attendant institutional and constitutional regimes are addressed. The operationalization of the legal regimes and policy frameworks emergent from the colonial legacy is also extensively dealt with, focusing on the way the state has sought to balance private and public interests in land through the instruments of law.
Library ResourcePublicación revisada por paresNoviembre, 2019Sudáfrica, Mozambique, Nigeria, África austral
Our purpose is to present and test a typology of land reform theories as a means of understanding and interrogating the motives behind land reform and to better equip land administrators and policymakers to enact land reform programs that are appropriate for their contexts. Here, land reform is understood to include the related concepts of land redistribution, land restitution, land tenure reform and land administration reform. The theory typology thus has application for land restitution programs specifically operating in the global South.
Library ResourcePublicación revisada por paresJunio, 2018Global
Statutory recognition of rural communities as collective owners of their lands is substantial, expanding, and an increasingly accepted element of property relations. The conventional meaning of property in land itself is changing, allowing for a greater diversity of attributes without impairing legal protection.
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