A guest post by Dr. Steven Lawry, Global Lead, Land Tenure & Property Rights, DAI
A recent systematic review—funded by the U.K. Department for International Development (DFID)—of quantitative and qualitative literature on the effects of tenure formalization in developing countries in Latin America, Africa, and Asia, confirmed theories that formal registration of individual land rights increases investment, productivity, and household consumption.
The Botswana High Court recently issued a landmark ruling: four sisters are permitted to inherit their family home even though a customary rule prohibits women from inheriting property. The High Court ruled that the customary rule violated women’s equal rights. Remarkably, the High Court issued its decision in the face of strong government support of the customary rule. The details of this watershed case are featured in a recent article by City Press.
According to a recent article from the IPS News Agency, women in Cameroon produce 80% of the country’s food needs yet own only 2% of the land. Though a 1974 Land Tenure Ordinance provides women with equal rights to property ownership, in reality customary tenure practices which discriminate against women sometimes trump national laws. In some cases, customary systems have provided women with secure rights to use land and resources however, recently women have experience greater difficulties protecting rights under these systems.
A guest post by Nayna J Jhaveri, Ph.D., Resource Tenure Specialist, Tetra Tech
Guest commentary by Dr. Cynthia M. Caron, Assistant Professor of International Development and Social Change, Clark University.
In the first week of June, the International Land Coalition (ILC) coordinated a workshop to design a Rangelands Observatory, intended to link a network of organizations that will partner in an effort to collectively monitor land acquisitions in rangeland areas, and promote more participatory decision making in regards to land use.
A number of recent articles highlight the importance of strengthening property rights for Indigenous Populations (IP). In Botswana, the government’s attempts to relocate indigenous San (or Basarwa) populations continue to spark heated debate as well as lawsuits. In Nicaragua, indigenous communities are demanding action to halt illegal logging and encroachment by settlers. In Brazil, frustrated indigenous populations have stormed congress and occupied cattle ranches and dam sites.
Karol Boudreaux has recently penned this article, Addressing Land Rights Can Make Social Change Possible for the Guardian. USAID is delighted to see an important foundation taking a public and carefully articulated stand on this vital development subject. Ms. Boudreaux correctly notes "The challenge is to expand people's opportunity to improve their lives by securing their property rights." This is indeed one of the most fundamental objectives in addressing challenges related to property rights.
In Bolivia, where 65 percent of the population is indigenous and 83 percent of the rural population lives below the poverty line, landlessness is one of the best predictors of poverty. While the Bolivian government has enacted policies to improve land access and tenure security, progress has been slow and as of 2009, only 37% of Bolivian land had been formally titled.
On March 14, the Haiti Property Law Working Group released Haiti Land Transaction Manual, Vol. 1: A how-to guide for the legal sale of property in Haiti. This manual is an important step in the reconstruction efforts in Haiti following the devastating 2010 earthquake, which have been greatly impeded by weak land administration systems and the resulting disputes over land and property. The new manual will help Haitians, international donors, and civil society navigate the country’s complex bureaucratic legal system.
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