Rift Valley Institute PSRP Briefing Paper 14
Rift Valley Institute PSRP Briefing Paper 14
In the recent past, high profile cases involving land governance problems have been thrust into the public domain. These include the case involving the grabbing of a playground belonging to Lang’ata Road Primary School in Nairobi and the tussle over a 134 acre piece of land in Karen. Land ownership and use have been a great source of conflict among communities and even families in Kenya, a situation exacerbated by corruption.
This Decree, consisting of 19 articles divided into six Parts, defines principles, rules, and measures to mitigate adverse social impacts and to compensate damages that result from involuntary acquisition or repossession of land and fixed or movable assets, including change in land use, restriction of access to community or natural resources affecting community livelihood and income sources.
A Decree to provide for ownership, allotment, use, registration of residential land and houses by citizens of Viet Nam and leasehold by foreigners, and in relation to this the assignment of title, the issue of certificates, settlement of disputes and other matters. The State recognises and protects the lawful title to residential houses and lawful right to the use of residential land. All residential houses and land must be registered. The lawful owners are issued the certificate of residential house title and residential land use right.
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.
These Regulations, made in terms of section 45 of the Communal Land Reform Act, provide with respect to a wide variety of matters concerning communal land and communal land rights. Part I deals with (application for) customary land rights. It specifies the maximum size of land that may be held under customary land right and specifies particulars pertaining to allocation of customary land right.
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
Recent years have witnessed a resurgence of interest in indigenous, traditional and customary approaches to peace-making in the context of civil wars. Supporters claim that indigenous approaches to peacemaking are participatory and relationship-focused, and that peaceful outcomes have a higher chance of community adherence than template-style international peace interventions effected through the `liberal peace'. Using historical and contemporary examples, this article assesses the feasibility of a complementary relationship between customary and Western forms of peace-making.
In the Mekong region, conflicts between local communities and large scale land concessions are widespread. They are often difficult to solve. In Cambodia, an innovative approach to conflict resolution was tested in a case involving a private company, Hoang Anh Gia Lai (HAGL), and several indigenous communities who lost some of their customary lands and forests when the company obtained a concession to grow rubber in the Province of Ratanakiri. The approach was developed by CSOs Equitable Cambodia (EC) and Inclusive Development International (IDI) with the support of QDF funding from MRLG.
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