Besides publications and articles about land governance, the Land Library also hosts country-level laws and policies that focus on land governance. The classification of different types of laws and policies can differ from country to country, so the classification used on the Land Portal is done through a general classification of elements.

Legislation & Policies
August 2011
Peru

The present Law develops the context, principles and procedures for the right to prior consultation to Indigenous peoples or native regard to the legislative or administrative measures that directly affect them.  It is interpreted in accordance with the obligations under Convention 169 of the International Labour Organization (ILO), ratified by the Peruvian State through the Legislative Resolution 26253.

Legislation & Policies
January 2003
Nicaragua

It is the ineludible commitment of the State of Nicaragua to respond to the claim for the titling of the lands and territories of the indigenous peoples and ethnic communities of the former Mosquitia of Nicaragua; right set forth in the International Treaties entered into between England and Nicaragua, such as the 1860 Managua Treaty and the 1905 Harrison-Altamirano Treaty. This right to the land is recognized in the 1987 Political Constitution of Nicaragua and the Statute of Autonomy of the Autonomous Regions of the Atlantic Coast.

Legislation & Policies
November 1994
South Africa

To provide for the restitution of rights in land in respect of which persons or communities were dispossessed under or for the purpose of furthering the objects of any racially based discriminatory law; to establish a Commission on Restitution of Land Rights and a Land Claims Court; and to provide for matters connected therewith.

Legislation & Policies
Jurisprudence
July 2016
Africa
South Africa

"The question presented before this Court concerns the determination of compensation in accordance with section 23(1) of the Land Reform (Labour Tenants) Act 3 of 1996 (“the Act”) due to the applicant. The merits of the matter were decided by Moloto AJ in Msiza v Director-General, Department of Land Affairs, and Others, case number LCC39/01, delivered on 16 November 2004. Moloto AJ held that the applicant qualifies as a “labour tenant” within the definition of the Act.

Legislation & Policies
Jurisprudence
July 2016
Africa
South Africa

In this case, which was  heard before the Constitutional Court of the Republic of South Africa, The Restitution of Land Rights Amendment  Act 15 of 2014  was declared invalid. The Act, among other things, sought to extend the period in which land restitution claims could be  lodged. However, the court found that the Parliament did not sufficiently  consult with key stakeholders including those who had successfully  lodged claims under the previous Act of 1994. 

Legislation & Policies
Jurisprudence
October 2016
Africa
South Africa

“The Langebaan lagoon is the only non-estuarine tidal lagoon in South Africa. It is situated on the West Coast, approximately 100 kilometres north of Cape Town. The mouth of the lagoon, on its northern side, is entered via Saldanha Bay1. The lagoon is a highly legislated area. It was proclaimed a marine reserve in 1973 in terms of the Sea Fisheries Act2 and in 1985 it was proclaimed part of the Langebaan National Park, whose name was later changed to the West Coast National Park.

Legislation & Policies
Jurisprudence
November 2016
Africa
South Africa

This is a judgement in the Land Claims Court which concerned the validity of land claims lodged under The Restitution of Land Rights Amendment Act 15 of 2014. This act was an amended version of the Restitution of Land rights Act 22 f 1994 which differed by extending the time frame for persons, descendants, or communities who were disposed of land after 1913 to lodge land claims.  Previously the cut-off date under the 1994 to lodge claims was 31st December 1998. Under the 2014 Act, claims could up lodged from the passing of the act until 30 June 2019.

Legislation & Policies
Legislation
Other legal document
January 2016
Africa
South Africa

Sub­mis­sions to the Port­fo­lio Com­mit­tee: Rural Devel­op­ment and Land Reform on the Exten­sion of Secu­rity of Tenure Amend­ment Bill

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