Zambia recognizes two types of land tenure: customary and leasehold tenure. While historically the majority of land in Zambia has been held under customary tenure, leases (also called leasehold titles) are the only legal means of holding land rights. In 1995, a new Land Act was passed, which makes it easier for investors to acquire leasehold titles to customary land. When an investor obtains a leasehold title to customary land, the customary land reverts to the state once the lease expires and is thereafter governed by statute.

We believe that law should in principle assist vulnerable communities in changing power relations. Law is fundamentally a ‘neutral’ set of rules that constrains power by requiring decisions and actions of those in power to comply with legal rules, rights and obligations. Unfortunately, we have seen the powerful appropriate law as a tool for only protecting and strengthening their interests.

Paper presented at the 14th global conference of the International Association for the Study of Commons, Mt Fuji, June 3- June 7, 2013

This publication is part of the Indigenous Peoples Human Rights Defenders Network (IPHRD Net) efforts to inform actors and stakeholders of the efforts of indigenous women and their communities to address violations of their rights, particularly their collective rights as indigenous peoples. The IPHRD Net is supported by the European Instrument for Democracy and Human Rights (EIDHR).

This paper briefly explains the unique relationships of Orang Asli with the customary land. It further demonstrates the common views that there is a collision between the Orang Asli notion of land ownership and that of the state. In particular the discussion highlights the interpretation of customary tenure under section 4 (2) (a) of the National Land Code, 1965 and it significance with the Orang Asli customary land.

Malaysia has declared its vision of developed country status by the year 2020. Much has been written about its top-down development approach, its relative economic success and the social as well as environmental costs of such approach. In 2011 and 2012 the Human Rights Commission of Malaysia (SUHAKAM) set into motion a national inquiry into the status of customary rights to land in the country. As part of the inquiry, a nationwide series of consultations was held over several months in 2012, culminating in formal public hearings in Peninsular Malyasia, Sarawak and Sabah.

A guest post by Dr. Steven Lawry, Global Lead, Land Tenure & Property Rights at DAI, a USAID partner and global development company committed to shaping a more livable world. Follow them @DAIGlobal

Land in the Zeliangrong community is controlled under the customary land tenure system in which the village owner (Nampou) governed granting equal access to all the families within groups with common lineages. The increase in complexity due to rapid changes in domestic situation through government policies led to the alteration of traditional land tenure systems in Tamenglong District.

This case study draws on research that investigated the extensive informal land market in Maputo, Mozambique; specifically, how urban land is transacted and the mechanisms by which it is secured. The case study is based on a research study managed by Caroline Wanjiku Kihato and Lauren Royston, and undertaken by José Alberto Raimundo (Universidade Pedagógica, Maputo) and Inês Macamo Raimundo (Universidade Eduardo Modlane, Maputo). The work received technical and financial support from Urban LandMark.

This case study draws on research that investigated the extensive informal land market in Luanda, Angola. It examines how urban land is transacted and the mechanisms by which it is secured and regulated. The case study is based on research undertaken by

Land is a critical asset and a vital source of livelihood for the majority of Ethiopians. Land, however, is becoming increasingly scarce for numerous reasons: rapid population growth, high population density in productive areas, degradation of agricultural lands, urbanization, and competing demands from different users, including investors. In a time of growing land scarcity, women’s subordinate socio-economic status heightens the importance of their access to, control of, and ability to benefit from land.

The constitution of Kenya , 2010

Sessional Paper No.3 of 2009 on the National Land Policy