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Power and Vulnerability Land Dispute Resolution

Reports & Research
April, 2014
Uganda

Unfolding analysis reveals two types of land disputes prevalent in postwar northern Uganda: cases that involve a legitimate cause of action and those that do not.1 Since mediation and alternative forms of dispute resolution rely on parties’ willingness to negotiate in good faith, cases featuring ‘bad faith’ and land grabbing—where powerful parties intentionally exploit another person’s vulnerability in order to illegally2 claim land—pose a serious challenge for local land dispute mediators. Such mediators must wrestle with whether and how to remain neutral in the face of injustice.

Land and Conflict in Papua New Guinea: The Role of Land Mediation

Journal Articles & Books
April, 2014
Papua New Guinea

Anecdotal evidence suggests that conflicts over land and extractive resource developments are on the rise across Papua New Guinea. These micro-level conflicts have the potential to scaleup and feed into large-scale armed conflicts—such as those that occurred on Bougainville and in neighbouring Solomon Islands—which require costly external intervention. Against this backdrop, this paper examines PNG’s legally-mandated land mediation system in theory and practice. A number of weaknesses are identified and described; and a case study of an apparently successful “hybrid” approach is discussed.

Land and Conflict in Papua New Guinea: The Role of Land Mediation

Legislation
National Policies
February, 2014
Papua New Guinea

Anecdotal evidence suggests that conflicts over land and extractive resource developments are on the rise across Papua New Guinea. These micro-level conflicts have the potential to scaleup and feed into large-scale armed conflicts—such as those that occurred on Bougainville and in neighbouring Solomon Islands—which require costly external intervention. Against this backdrop, this paper examines PNG’s legally-mandated land mediation system in theory and practice. A number of weaknesses are identified and described; and a case study of an apparently successful “hybrid” approach is discussed.

Land Tribunal Act (No. 4 of 2014).

Legislation
January, 2014
Botswana

This Act concerns the establishment, functioning, and jurisdiction of the Land Tribunal. The Tribunal may consist of one or more divisions as the Minister may consider necessary to constitute, each headed by a Land Tribunal President. The Minister shall appoint the Chief Land Tribunal President. A Land Tribunal shall have jurisdiction to - (a) hear and determine a land dispute brought to its attention; (b) hear appeals and review decision of a public body concerning land.

AN ASSESSMENT OF THE PERFORMANCE OF THE ENVIRONMENT AND LAND COURT

Reports & Research
August, 2013
Kenya

Dispute resolution is a key component of land administration and management in Kenya. Article 162 of the Constitution of Kenya provides for the establishment of the Environment and Land Court (ELC) by an Act of Parliament. Further, parliament is mandated to determine the jurisdiction and functions of the courts. In 2011, parliament passed the Environment and Land Court Act through which the Environment and Land Court was established. In accordance with the provisions of this act, the court is mandated to ensure reasonable and equitable access to its services in all counties.

Adjudication of Land Cases in Tanzania: A Bird Eye Overview of the District Land and Housing Tribunal

Conference Papers & Reports
June, 2013
Tanzania

This paper uses District Land and Housing Tribunal (DLHT) as a case study to argue that the principle conceived in the enactment of the law that established the tribunal is far from becoming a reality. It uses data of the past four years to demonstrate that DLHT is overburdened by increment of an average of 2000 pending cases every year. It further shows legal and practical challenges that hinder access to and independence of DLHT. The paper calls for drastic strategic measures to strengthen DLHT in terms of human resources and facilities.

Lands, Housing and Urban Development Sector Strategic Plan 2013/14 - 2017/18

National Policies
May, 2013
Uganda

The Lands, Housing and Urban Development Sector Strategic Plan is a national sectoral plan of Uganda for the period 2013/14 - 2017/18. Its main objective is to ensure sustainable land management, orderly development and adequate housing for socio-economic development.The Plan aims to make land use more productive and sustainable.

Report on Status of Meatu Litigation

Reports & Research
February, 2013
Tanzania

According to the research and follow ups made by Pingo’s Forum and LHRC indicated that, most victims were not trespassers to the land as contented by the Government. The pastoralists including Sukuma, Taturu, hunters and gatherers (Hadzabe) lawfully living within the Conservation Area resisted the government movement to evict them without paying adequate compensation.

Guide to Land Mediation: Based on the experience in the Eastern Democratic Republic of the Congo

Reports & Research
December, 2012

The Guide to Land Mediation mainly draws its inspiration from practical experience on the ground of the land program conducted by UN-Habitat in eastern Democratic Republic of the Congo, especially in North Kivu, South Kivu and Ituri. It refers, in some places, to other countries experiences in post-conflict situations. This guide offers practical steps and tools used during the land mediation process. The publication highlights, not only the role and responsibilities of mediation stakeholders and 'beneficiaries', but also principles and foundations of a good mediation

Land Reform (Amendment) Act 2013 (No. 31 of 2013).

Legislation
December, 2012
Vanuatu

This Act amends the Land Reform Act by addition of provisions (replacing sections 6,7 and 8) concerning, among other things; the certification of negotiator of land rights or land disputes of custom land owners; the identification of custom owners or disputing groups by the National Coordinator; consultation with the custom owners; procedures of the negotiation process including a custom owners’ consultation report; consent to a negotiated lease; notification of intention to register lease instrument; appointment of the Land Ombudsman; lodging of complaints with the Land Ombudsman; function

Managing conflicts over land and natural resources through collective action

Policy Papers & Briefs
December, 2012
Eastern Africa
Sub-Saharan Africa
Africa
Zambia

Seasonal changes and ambiguity in property rights over land and natural resources create conflicts in rural communities in eastern Zambia. This study describes how rural households have minimized such conflicts and protect the economic interests of the poor members of the community through collective agreements on how to manage access to land and natural resources. Specifically, this study describes and evaluates the formulation and implementation of bylaws governing the grazing of animals and the setting of bush fires.