A community’s choice to give, or withhold, their free, prior and informed consent (FPIC) to a project or activity planned to take place on their land is a recognized right of Indigenous peoples under international law. It is also a best practice principle that applies to all communities affected by projects or activities on the land, water and forests that they rely on.
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Library ResourceInformes e investigacionesAgosto, 2019Kenya, Sudáfrica, Guatemala, Honduras, Estados Unidos de América, Australia, Papua Nueva Guinea, Global
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Library ResourceManual y guíasEnero, 2014África, Sudáfrica
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.
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Library ResourceInformes e investigacionesFebrero, 2018Sudáfrica
During its transition from racial apartheid to democracy in 1994, South Africa’s government announced it would strengthen the tenure rights of the estimated 16 million citizens who lived on communal land. By 2012, however, the government’s own reports concluded that the country had made little progress in the area of communal tenure reform.
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Library Resource
Contested histories and current struggles
Artículos de revistas y librosMayo, 2021Sudáfrica, América del SurLand, Law and Chiefs in Rural South Africa analyses contestations of power and control over land through the lens of local case studies in the densely settled former African ‘homelands’ or Bantustans. These were areas reserved for African occupation by the apartheid government and when the ANC came to power in 1994, they were the poorest and least developed parts of the country. Over the last few decades, mineral deposits have been exploited and some are located close to the boundaries of rapidly expanding cities, such as Durban, where peri-urban land is at a premium.
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