LEGAL RECOGNITION OF INDIGENOUS GROUPS
...The main purpose of this paper is to examine legal measures taken to recognize
indigenous groups and provide for their ongoing operation; the paper starts, therefore, from an
underlying assumption that indigenous groups have continued relevance to the needs and wishes
of the people who operate within them. Nevertheless, while it is beyond the scope and purpose of
the paper to explore this complex issue in any depth, it may be useful to present – however briefly
– some of the arguments made for and against the preservation of indigenous groups. In the
Chittagong Hill Tracts Regional Council Act, 1998.
This Act, consisting of 20 sections and one Table, creates the Chittagong Hill Tracts Land Dispute Settlement Commission.
A Gender Analysis of recent South African Land Reform
Includes background, tenure arrangements, women and land tenure, customary marriages, the land issue after apartheid, criticisms of the legislation, the relationship of land legislation to customary law, recommendations.
Réforme agraire: Colonisation et coopératives agricoles 1997/2
Forestry Act (No. 4 of 1997).
This Act provides for the management and conservation of forestry resources in Malawi.
Legal and institutional incentives for local environmental management
This chapter explores the possibilities and limits of law and institutions as instruments for generating changes in environmental behaviour. First, an overview of the different schools of thought on law and natural resources is presented. It appears that the overall trend with regard to land and common property resources is orientated towards: 1) a bottom-up/sociological approach to the law-making process, and 2) devolution of powers to local communities in a setting of comanagement.
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA No. 40 of 1996).
This Act, as referred to in Clause (1) of art. 244 of the Constitution, amends part IX of the Constitution, related to Panchayats Extension to the Scheduled Areas. Part IX of the Constitution relating to Panchayats is extended to the Scheduled Areas subject to such exceptions and modifications, as provided in section 4.
In land we trust: environment, private property and constitutional change.
The relationship between land ownership and the sustainable use of natural resources is examined within the context of constitutional change in Africa. Using Kenya as an example, it is demonstrated that current constitutional arrangements put excessive emphasis on the protection of private property rights without requiring the corresponding duty of ecological stewardship. This has resulted in the failure of government policies and development practices to fully integrate environmental considerations into growth strategies.
Cultural issues in land information systems
Considers the cultural dimension of applying the land information system (LIS) concept to lands held under customary land tenure. The article recognizes that the LIS concept has been developed primarily to serve the needs of countries with a western-style land market where individual land rights are the norm. However, many countries where customary landholdings exist, or predominate, are also interested in establishing LISs to manage their land resources better. The article has three main sections.
Policy and legislation
Over the past two decades, perspectives on the role of the forest for society have evolved and broadened dramatically; the relatively narrow official view of the forest as primarily a source of wood and a form of protection for upland water resources has been seriously questioned and sometimes even violently opposed in favour of an approach that reflects a wider range of present and future opportunities and demands from forests and forest resources.