Kenya is the most recent African state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered.

No.7 issue of the Rangelands Series goes through experiences of joint village land use agreements and planning.

This gender-sensitive toolkit enables civil society organisations, women and communities, as well as other actors to assess each country’s current legal framework and tenure governance arrangements in line with the provisions of the VGGTS and the AU F&G.

Date: 3 avril 2018

Source: Books.openedition.org

Par: Armelle Choplin et Mohamed Fall Ould Bah (dir.)

Le présent ouvrage réunit des articles inédits, majoritairement écrits par des Mauritaniens, et propose une réflexion sur des thèmes cruciaux pour la société mauritanienne contemporaine, à savoir la question foncière et l’accès au sol.

Kenya is the most recent African state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered.

To amend the Restitution of Land Rights Act, 1994, so as to insert certain definitions; to effect certain textual improvements; to provide that no person shall be entitled to enforce restitution of a right in land dispossessed if just and equitable compensation was paid; to provide for the appointment of certain organisations to advise the Commission on Restitution of Land Rights, to facilitate meetings of interested parties and to mediate and settle disputes; to require the leave of the Land Claims Court for the lodging of a claim in respect of land in certain circumstances; to alter the p

At the end of Apartheid, approximately 82 million hectares of commercial farmland (86% of total agricultural land, or 68% of the total surface area) was in the hands of the white minority (10.9% of the population), and concentrated in the hands of approximately 60,000 owners (Levin and Weiner 1991: 92). Over thirteen million black people, the majority of them poverty-stricken, remained crowded into the former homelands, where rights to land were generally unclear or contested and the system of land administration was in disarray (Hendricks 1990; Cousins 1996; Lahiff 2000).

Political resistance towards international development is a prevalent theme in global civil society and

Coastal grab refers to the contested appropriation of coastal (shore and inshore) space and resources by outside interests. This paper explores the phenomenon of coastal grabbing and the effects of such appropriation on community-based conservation of local resources and environment. The approach combines social-ecological systems analysis with socio-legal property rights studies.

To provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices; to establish a Commission on Restitution of Land
Rights and a Land Claims Court; and to provide for matters connected therewith.
[Long title substituted by s. 31 of Act 63/97]

To provide for measures with State assistance to facilitate long-term security of land tenure; to regulate the conditions of residence on certain land; to regulate the conditions on and circumstances under which the right of persons to reside on land may be terminated; and to regulate the conditions and circumstances under which
persons, whose right of residence has been terminated, may be evicted from land; and to provide for matters connected therewith…”

To provide for security of tenure (land) of labour tenants and those persons occupying or using land as a result of their association with labour tenants; to provide for the acquisition of land and rights in land by labour tenants; and to provide for matters connected therewith. WHEREAS the present institution of labour tenancy in South Africa is the result of racially discriminatory laws and practices which have led to the systematic breach of human rights and denial of access to land