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Law in the natural resource squeeze: ‘land grabbing’, investment treaties and human rights

Reports & Research
Outubro, 2016
África

Discusses highlights from a recent academic article exploring whether 3,000 bilateral and regional investment treaties protect ‘land grab’ deals and how these impact the land rights of rural people. Argues that, if not properly thought through, international treaties to protect foreign investment could compound shortcomings of local and national governance, undermining the rights of people impacted by the investments.

Fighting the wrong battles? Towards a new paradigm in the struggle for women’s land rights in Uganda

Reports & Research
Dezembro, 2008
Uganda
África

Includes gender equality – a liberation struggle or a colonial imposition?; gender equality vs. traditional culture; women’s land rights in traditional culture; what are the practical solutions?; can the paradigm help improve women’s land rights?

Fuelling exclusion? The biofuels boom and poor people’s access to land

Reports & Research
Junho, 2008
África

Explores current and potential impacts of the increasing spread of biofuels on access to land in producer countries, particularly for poorer rural people. Finds that biofuels could revitalise rural agriculture and livelihoods, but may also marginalise and exclude poorer people – particularly where local land rights are insecure, capacity to enforce them is limited, and major power asymmetries shape relations between local resource users and large industry players.

The Impact of HIV/AIDS on Land Rights. Case studies from Kenya

Reports & Research
Quênia
África

Explores the relationship between HIV/AIDS and land rights in Kenya, with a particular focus on women. The study examines three village case studies in different parts of Kenya (Embo, Thika and Bondo) and attempts to distinguish the role of HIV/AIDS in precipitating or aggravating tenure insecurity from other influences. The primary objective is to understand the relationship between the AIDS-affected status of households and individuals and changes in their land tenure status, if any. HIV/AIDS emerges as a significant but not primary cause of tenure insecurity.

Browsing on fences. Pastoral land rights, livelihoods and adaptation to climate chan

Reports & Research
Maio, 2008
África

This paper developed from an articulated process to address the rights to land of pastoral groups, within a holistic perspective and accounting for changes brought about by climate change. It brings together the inputs made by over 120 participants in a web-based forum organised in 2006 and managed by the International Land Coalition on pastoral land rights. Further materials and lessons have been drawn from a number of projects and experiences all around the world, in order to provide a comprehensive update about the rights of nomadic and pastoralist groups and natural resources.

How to Support Women’s Land Rights in Mozambique? Approaches and Lessons Learnt in the Work of Four Main Organisations

Reports & Research
Março, 2012
Moçambique
África

Contains introduction, the FAO Gender and Land Project with CFJJ, Forum Mulher in collaboration with partners, CLUSA: soy bean production and land rights, Norwegian People’s Aid with partners, recommendations. Draws attention to the need for a more concerted and focused initiative in Mozambique to support women’s land rights and recommends that Norway now responds to that challenge. The major challenge is to implement the Land Law. Individuals and communities need economic and political resources to be able to claim and secure legally established rights to land.

The Contested Status of ‘Communal Land Tenure’ in South Africa

Reports & Research
Maio, 2015
África do Sul
África

Focuses on communal tenure reform developments (or lack thereof), referring to law, policy and practice in rural areas in South Africa. Shows that communal land tenure is not in a healthy state and discusses the following recent laws and policies that are symptoms of this ill health: the Communal Land Rights Act (struck down by the Constitutional Court); the Traditional Leadership and Governance Framework Act (passed in 2003); and the 2014 Communal Land Tenure ‘wagon wheel’ policy (currently in place).

Zimbabwe’s new land crisis: Large-scale land investments at Chisumbanje

Reports & Research
Junho, 2015
Zimbabwe
África

Report based on fieldwork in Chisumbanje seeks to understand: 1) the interest and role of the Zimbabwe Government and its contribution to the first large-scale private investments undertaken by GreenFuel in Chisumbanje; 2) the impact of the project on local communities’ land rights and livelihoods; 3) the role of the local institutions in facilitating and mediating investment, particularly on land; 4) the capacity of local and national institutions to structure a land agreement palatable to the local communities; and 5) the role of GreenFuel as the land user.

Gender Equality and land administration: the case of Zambia

Reports & Research
Fevereiro, 2014
Zâmbia
África

Paper discusses Zambia’s dual land tenure system, the ways in which gender issues have been incorporated in legal and policy documents, and the extent to which this has been reflected in practice. It also examines the role of donors in legal and policy processes and donor support to civil society in relation to women’s land rights. Gender and land policies provide for the allocation of land to women, but have little impact on the ground. Customary law is on the whole discriminatory against women, in particular with regard to land ownership.

The Restitution of Land Rights Amendment Act of 2014. What are the Real Implications of Reopening Land Claims?

Reports & Research
Dezembro, 2014
África

Tackles a number of key issues around reopening the restitution claim process including: Restitution to date has been slow and many rural land claims are not yet finalised; ungazetted and yet-to-be-finalised land claims are at risk from new claims; many new land claims are likely to be for cash compensation, or tribal claims led by chiefs, and contribute little to rural transformation; Parliament should enact regulations to ring-fence existing land claims.