By Monica de Souza Louw, Land and Accountability Research Centre (LARC), University of Cape Town
* This piece was originally published as part of the online discussion on customary law in Southern Africa
By Allan Cain, Development Workshop Angola
* This article was originally published as part of the online discussion on customary law in Southern Africa
By Phillan Zamchiya, Institute for Poverty, Land and Agrarian Studies (PLAAS)
* This article was originally published as part of the online discussion on customary law in Southern Africa
The effectiveness of sustainable land use governance can be undermined if local affected people perceive land-use policies as not reflecting social objectives, or as ‘unjust.’ To transform externally-conceived sustainability principles from the international level into on-the-ground practice, involves the interplay of various organizations and peoples from the government, civil society, and the private sector.
Addressing the land and conservation communities’ discomfort in discussing the relationships between migrants, Indigenous peoples, and tropical forests in the fight against climate change.
The Maasai community of Musul have lived on the same land in Laikipia county for generations. It is their source of food and water, the heart of their culture and beliefs, and their ancestral home. But until recently, their legal rights to govern it were tenuous.
It was good land. Before the company’s arrival in 2011, the people of Ngovokpahun village had used it to grow cocoa and other cash crops to help them pay for their children’s education. But when Italian Agriculture offered to build them a school, health center, and roads, provide them with employment, and pay rent, leasing out the land seemed like the wiser option. The company drafted the agreement and the landowners signed.
In a recent episode of the podcast Uncharted Ground, host Jonathan Levine spoke with Namati about building a global environmental justice movement. You can find it on any major podcast platform or listen to the episode (and access the full transcript) on Stanford Social Innovation Review's website. A recap of the episode, written by SSIR, is below.
The Land Rights Law (LRL), enacted on the 23rd of August 2018, was an impressive feat. It recognizes the land rights of all Liberians, especially rural communities who have historically been subject to mere user rights on their ancestral lands. The LRL protects the rights of communities to their claimed customary areas as their lawful property – “with or without deed”. This provision places an estimated 70% or more of the country under customary ownership.
WHY REJECT CUSTOMARY LAND PRIVATISATION
Most of the world’s land is still stewarded by communities under customary systems. Billions of people rely on communally managed farmland, pasture, forests and savannahs for their livelihoods.
This collective management of resources is viewed in the colonial or capitalist economic model as an obstacle to individual wealth creation and private profit.
There is an underlying tension in the land rights movement that is rarely addressed head on, which is the perception that securing women’s land rights threatens community land rights. Community land rights are typically held by indigenous people, small-scale and subsistence farmers, pastoralists, herders and many other groups who are directly dependent on land for their livelihoods but whose land tenure is often the most precarious.
Community forestry has the potential to contribute to sustainable livelihoods in poor and marginalized communities in and near forests. In practice, however, the benefits of collectively managed forests may end up in the hand of local elites. Based on presentations from Bolivia, the Philippines and Nepal, participants in this session discussed, among others: (i) What is the role and importance of individual benefits in a model that is based on collective forest rights?