Subtitled ‘an analysis of the tenure context and a problem statement for Leap.’ Comprises (i) context – current analyses of tenure, the South African context, tenure security and vulnerability; (ii) multiple tenure arrangements in South Africa – customary tenure arrangements, Registration of Deeds system, local and off register tenure arrangements in rural and urban areas, transitional tenure arrangements; (iii) problem statements – multiple tenure arrangements, vulnerability and tenure; (iv) points of departure for phase 4 – understanding, recognition and integration, vulnerability.

The Ugandan government is convinced that only by giving everyone titles to their land will people have security of tenure, and it is investing everything in pushing this through. However, this policy is based on ignorance about how customary tenure actually works, and on some dangerously false assumptions about what happens when ownership of land moves from one tenure system to another. Violence and conflict have already been the result. Looks at less conflictual options to achieve the same goals and ensure that rights are protected.

A second report for the World Bank’s Northern Uganda Recovery and Development Program – RDP. The objective is to inform policy processes on post-conflict land policy and administration on likely types of land conflicts and claims, their resolution, gaps in current land policy, resources needed. Survey suggests that Teso’s IDP displacement patterns are unique. Customary tenure has been transformed, with household heads now owners, not trustees, of rights in land, so clans are merely informed of sales. Common property resources are at greatest risk.

Like other countries in the region, Botswana inherited a dual system of statutory and customary tenure at independence. Despite the contrasting characteristics of these two systems, it has developed a robust land administration, which has greatly contributed to good governance and economic progress. Its land tenure policy has been described as one of careful change, responding to particular needs with specific tenure innovations. Botswana continues to adapt its land administration, based on customary rights and values, to a rapidly urbanising economy and expanding land market.

Key findings: Customary tenure remains strong with only 1.2% of plots held under statutory tenure. Over 86% of women reported they have access to land under customary tenure and c.63% of women reported they “own” land under customary tenure. Tenure security is not dependent on formal documentation as proof of ownership. Men play a dominant role in land management. General knowledge of statutory and customary land law and management systems is poor. c.50% of the population have experienced land conflicts, 72% are within household, family or clan.

Examines changes in management of customary tenure and how these have made women’s access to land more vulnerable. Recommends strategies for empowering women to have secure access rights and increase their tenure security. Seeks a compromise between policy makers and women activists on the current co-ownership debate. Argues that the family unit should become the unit of ownership under customary tenure and that all those who derive livelihoods should be registered on the title of ownership.

A working draft which ‘should not be quoted and interpreted as the policy of the Government of Zambia or any other government ministry or department until it has been finally agreed and adopted’. Has a brief background section and a brief section on vision, rationale, guiding principles, and objectives. The bulk is devoted to ‘situation analysis, challenges and policy measures’.

Contains introduction; resources and civil war in South Sudan; the Sudanese Peoples’ Liberation Movement and the land question; issues for discussion and further study; the future of customary tenure; conclusions.

Malawi, like other countries in Africa, has a new land policy designed to clarify and formalise customary tenure. The country is poor with a high population density, highly dependent on agriculture, and the research sites are matrilineal-matrilocal, and near urban centres. But the case raises issues relevant to land tenure reform elsewhere: the role of ‘traditional authorities’ or chiefs vis-a-vis the state and ‘community’; variability in types of ‘customary’ tenure; and deepening inequality within rural populations.

Includes learning from the commercial sector – freehold title deeds, pre-1980-2010; learning from Zimbabwean customary tenure systems; learning from the state resettlement programme – permit tenure, 1980-2010; fast track land reform, 2000-2010, policy implications and recommendations.

Contains recognise and strengthen customary rights starting with statutory recognition; community rather than individual titling must be further explored as an option; women’s land rights remain weak under customary tenure but formalization is not necessarily the answer; custom or rights for women is a false dichotomy; supporting women’s collective action is key; political leadership and evidence from research are needed to transform policies and practices; technical tools to secure land rights require wider policy and institutional support.

Argues that the institutionalization of ethnic federalism and the persistence of neo-customary tenure result in considerable ambiguity, particularly regarding the land rights of non-indigenous minorities. Highlights tensions between these three sets of land tenure institutions – state ownership, ethnic federalism and neo-customary tenure – and their implications for minority land rights.