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A Study Report on Analysis of Key Land Laws in Sri Lanka

Reports & Research
September, 2017
Sri Lanka

Land is an imperative and crucial factor in the social, cultural and economic identity of the people in Sri Lanka due to the importance it has been given throughout our history. Moreover, the rights and interests over land are unequivocally and legally secured without any discrimination on the basis of gender, caste, religious or ethnic lines for its peaceful enjoyment and for the economic development of the people and the country.

Overhaul of the right to protection from deprivation of property in Uganda

Policy Papers & Briefs
August, 2017
Uganda

The exploitation of natural resources plays a critical role in the Uganda government’s plans to develop the country. Extractive industries are up scaling their activity as the sector is gearing up for the exploitation of oil and gaz by 2020. In a country where most people live off the land, the construction of industrial infrastructure carries great risks for the protection of fundamental rights.

“Community Land” in Kenya: Policy Making, Social Mobilization, and Struggle Over Legal Entitlement

Reports & Research
August, 2017
Kenya
Africa

Independent Kenya failed to recognize customary interests in land as possessing equal force as statutory derived rights. Issues related to land rights are perceived as  root causes of conflicts occurring in the 1990s and 2000s. The 2010 Constitution has embodied the fundaments of land reforms; it has acknowledged “communities” as legally entitled to hold land. Paper studies decision-making processes via a socio-anthropological approach showing how it contributes to understanding the issues at stake and the politics surrounding the design of new legislation around “community land”.

Land reform in the Republic of South Africa: Social justice or populism

Reports & Research
August, 2017
South Africa

In the paper land reform in South African political discourse will be investigated, especially the process of its politicization. How the topic of land reform is used by political forces, especially the ruling party; the African National Congress and current President Jacob Zuma. Does the Republic of South Africa take a populist turn on land reform or is it some kind of social justice after the suppression of the apartheid era and decades before?

Incommensurabilities of the SADC Land Issue and Nozick’s Entitlement Theory

Reports & Research
July, 2017
Global

Racialised land ownership in former apartheid-governed states of the SADC remains the most divisive subject particularly between Western states and SADC states themselves. Western states have reacted to the SADC land reform programme (LRP) by imposing severe economic sanctions on target states while SADC states have, in the aftermath of the Campbell decision, suspended the very SADC Tribunal for handing down that decision, pending review of its jurisdiction.

National Land Reform Programme and Rural Development

Policy Papers & Briefs
July, 2017
South Africa

The Financial and Fiscal Commission (the Commission) undertook a study into the land reform programme. Part of the problem is that land reform is framed within the narrow confines of agriculture and does not take into account the inherent sectoral challenges. The survey results show the land reform programme’s lack of success is illustrated by the drastic decrease in production since land was transferred.

The social, economic and political mischief around land in Kenya

Journal Articles & Books
June, 2017
Kenya

Kenya’s land governance system is fashioned to facilitate land expropriation for the few and powerful who continue to resist reforms.


This is despite the fact that the dynamics of land reform are driven by apprehensions of mischief associated with the history that explains why the National Land Commission was established with mandate, independent of the Executive.


CAPITALISM

From the British conquest, Kenya’s land governance system was never meant to be inclusionary and equitable.


Safeguarding Human Rights in Land Related Investments

Reports & Research
June, 2017
Global

The Voluntary Guidelines on the Responsible Governance of tenure of Land, Fisheries and Forests in the Context of national Food Security (VGGt) represent a new international legal instrument, which was adopted unanimously in 2012 by the United nations Committee on World Food Security (CFS). the Guidelines are a soft law instrument that does not create new, legally binding obligations for states or responsibilities for private actors, but that applies existing governance standards, particularly for human rights, to the management of land.

A Critical Review of Indonesia’s Agrarian Reform Policy

Peer-reviewed publication
June, 2017
Indonesia

Inequality in the agrarian structure in Indonesia remains a serious problem. Agrarian reform efforts have been the spirit of Indonesia since the enactment of the Basic Regulations on Agrarian Principles Act (UUPA). However, agrarian reform policies are still far from perfect. Since the reformation, the issue of agrarian reform, also known as land reform, regained its discourse space.