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Unjust Enrichment-The Making of Land Grabbing Millionaires-Living Large Series

Policy Papers & Briefs
juni, 2006
Kenya

The illegal and irregular allocations of public land as chronicled in the Ndungu Report amount to a rip-off that dwarfs the Goldenberg and Anglo-Leasing scandals. Our analysis in this first issue in the series covers Karura, Ngong Road and Kiptagich forests and suggests a loss of public resources in excess of Ksh.18.4 billion. The Ndungu Report covers ten other forests as well as other public land, ranging from road reserves to cemeteries to public toilets and even State House land. As we cover these in future issues of the series, the cumulative loss will certainly be astounding.

Gender Monitoring Baseline Survey for the Land Sector Strategic Plan in 20 Districts

Reports & Research
maart, 2006
Africa

Baseline survey which includes a literature review. Findings cover land and livelihoods, land ownership and security of tenure, land rights and decision making, land market and transactions, land disputes. Concludes that the volume of land transactions is too low to support a transformation from subsistence to commercial agriculture, as planned. Smallholder farmers have limited capital options making increased land utilization impossible. Tenure security for women is still far from a reality. There is a need to strengthen land rights of widows and orphans.

Índios e Terras Ceará: 1850-1880

Reports & Research
februari, 2006
América Latina e Caribe
América do Sul
Brasil

Esta tese, intitulada Índios e Terras Ceará: 1850-1880, analisa o aparente desaparecimento dos povos indígenas no Ceará, na segunda metade do século XIX, contextualizado por diferentes processos de territorialização e de relações interétnicas, e também respaldado pelo silenciamento oficial quanto ao reconhecimento desta etnia. O período enfocado inclui a vigência da Lei de Terras aprovação, regulamentação, implementação, dinâmica, significados.

Land conflicts in Kenya: causes, impacts, and resolutions

Policy Papers & Briefs
december, 2005
Kenya

Because of changes in some underlying factors, land is increasingly becoming a source of conflicts in Africa. We estimate the determinants of land conflicts and their impacts on input application in Kenya by using a recent survey of 899 rural households. We find that widows are about 13 percent more likely to experience pending land conflicts when their parcels are registered under the names of their deceased husbands than when titles are registered under their names.

Land Conflicts in Kenya: Causes, Impacts, and Resolutions

Journal Articles & Books
Reports & Research
november, 2005
Africa
Kenya

Because of changes in some underlying factors, land is increasingly becoming a source of conflicts in Africa. We estimate the determinants of land conflicts and their impacts on input application in Kenya by using a recent survey of 899 rural households. We find that widows are about 13 percent more likely to experience pending land conflicts when their parcels are registered under the names of their deceased husbands than when titles are registered under their names.

Land Rights: where we are and where we need to go

Reports & Research
september, 2005
Africa

Review of the situation of land rights in Apac District and of opportunities for land rights protection work. Examines the 1998 Land Act and its implementation in practice. Finds that the protection clauses for women are proving ineffective. Also looks at the major threats and barriers to land rights and suggests ways forward. Among many other pertinent questions, asks why the Ugandan Government has shown so little interest in customary tenure and why it pursues land titling to the extent it does.

Orphans’ Land Rights in Post-War Rwanda: The Problem of Guardianship

Reports & Research
september, 2005
Africa

Covers orphans in Africa; the problem of guardianship; the Rwandan setting; post-war situation of orphans; children and the law(s); orphans’ efforts to assert land rights – land dispute cases; rethinking care giving for orphans. The 1994 genocide, combined with the impacts of HIV/AIDS, created 300,000 orphans in Rwanda. Many are heads of households who urgently need land-use rights, but a weakened system of guardianship and increasing pressures on land often prevent this.

The Human Face of Resource Conflict: Property and Power in Nigeria

Journal Articles & Books
juni, 2005
Nigeria

This paper considers possible answers to these difficult questions by focusing on two issues: the evolution of legal norms in response to both endogenous and exogenous changes, and the role that African customary law and indigenous dispute resolution has played in promoting coordination and cooperation among group members, thereby reducing violent conflict. This paper explores legislative actions taken by the Nigerian government that impede the continued evolution of these relatively elastic customary legal norms.

Housing and property restitution in the context of the return of refugees and internally displaced persons

Reports & Research
mei, 2005
Global

At its fifty-sixth session the Sub-Commission on the Promotion and Protection of Human
Rights, in its resolution 2004/2, welcomed the progress report of the Special Rapporteur and
requested the Office of the United Nations High Commissioner for Human Rights to circulate
the draft principles on housing and property restitution for refugees and displaced persons
contained therein widely among non-governmental organizations, Governments, specialized
agencies and other interested parties for comment, and requested the Special Rapporteur to take

Capital Creation, Transfer or Reversal: Assessing the Outcomes of Systematic Demarcation of Customary Tenure in Uganda

Reports & Research
april, 2005
Uganda
Africa

Background – renewed impetus for systematic demarcation – policy, legislative and operational frameworks. Systematic demarcation and poverty reduction – theoretical and conceptual frameworks, methodology. Outcomes of systematic demarcation – the demarcation process, transformations in land rights, including for children and women, asset enhancement, access to capital, farm investment and production, the land market, land disputes, area land committee operations, local parcel registration data bank. Conclusions and recommendations.

The Role of the Lands Tribunal in Handling Land Disputes in General and Traditional Land in Particular

Reports & Research
april, 2005
Africa

Examines the jurisdiction of the Lands Tribunal, its operations, composition, funding and secretariat. Urges the Government to finalise its draft Land Policy and revise the 1995 Lands Act. Recommends that the Lands Tribunal be decentralised to be accessible to poor women and men, that it publicise its work more and that its capacity and resources be increased. There is also a need to strengthen traditional structures and appeal mechanisms to provide a balance to the power of chiefs.