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Issuespluralismo jurídicoLandLibrary Resource
There are 65 content items of different types and languages related to pluralismo jurídico on the Land Portal.
Displaying 13 - 23 of 23

Our Customary Lands - Community-Based Sustainable Natural Resource Management in Burma

Policy Papers & Briefs
Julho, 2016
Myanmar

Executive summary:
"In January 2016 the government adopted a National Land Use Policy, which included the recognition
of customary land management practices. While this is a welcome first step in the necessary
integration of Burma’s customary land management systems with the national-level system,
there is an urgent need for constitutional reform and devolution of land management powers
prior to any such integration.
This report by the Ethnic Community Development Forum (ECDF) presents how Burma’s diverse

Land Tenure: Burma - Chapter VII of "The Economics of the Central Chin Tribes"

Reports & Research
Novembro, 1942
Myanmar

CHAPTER VII. Land Tenure:
"Salient differences between tenures in autocratic and democratic
groups rights and claims in autocratic group of chief, headman,
specialists, the whole community, the individual resident
and the individual cultivator the principles governing these rights
and claims the rights and principles of tenure in democratic group
land tenure in practice the "bul ram" individual tenure and its effects
communal land possible solutions to land problems".

Caught between Customary and State Law: Women’s Land Rights in Uganda in the Context of Increasing Privatization of Land Tenure Systems

Reports & Research
Maio, 2012
Uganda
África

Includes women’s land rights and tenure security in a context of legal pluralism and land tenure privatization; competing legal systems and land rights protection on the ground � what is going wrong? Argues that in a context of increasing land scarcity, high population pressure and progressing land tenure privatization, men are increasingly taking advantage of their superior position within the patrilineal tenure system, advancing their own interests at the expense of weaker family members, first and foremost the women in the family.

Breathing Life into Dead Theories about Property Rights: de Soto and Land Relations in Rural Africa

Reports & Research
Outubro, 2006
África

Argues that there are 5 shortcomings in both the old (World Bank) and contemporary (Hernando de Soto) arguments for formalisation of land title. First, legality is constructed narrowly to mean only formal legality. Therefore legal pluralism is equated with extra-legality. Second, there is an underlying social-evolutionist bias that presumes inevitability of the transition to private (conflated with individual) ownership as the destiny of all societies. Third, the presumed link between formal title and access to credit facilities has not been borne out by empirical evidence.

Uncharted territory: Land, conflict and humanitarian action: report of a conference

Reports & Research
Fevereiro, 2008
África

Summarises the main presentations by Alex de Waal, John Unruh, Liz Alden Wily and Chris Huggins and responses by discussants based on these broad topics: why humanitarian organisations need to tackle land issues; legal pluralisms in humanitarian approaches; land in emergency to development transitions: who does what?; land in return, reintegration and recovery processes; transitional programming; protection and legal aid.

Gender and Property Rights within Postconflict Situations

Reports & Research
Abril, 2005
África

Includes land rights in gender equity; issues in gaining access to land property – acquiring land rights from the state and through inheritance and the market, legal pluralism, population displacement; three postconflict studies (Rwanda, Guatemala, Afghanistan); conclusions and recommendations – legislation and policy, programme implementation, overcoming patriarchal norms, the cost of speaking out, gender sensitivity training and legal assistance, information on gender impact.

Contestations over indigenous participation in Bolivia’s extractive industry: ideology, practices, and legal norms

Dezembro, 2013
Bolívia

The participatory rights of indigenous peoples have been at the center of conflicts over resource extraction, which have recently increased in number and intensity across Latin America. Using comprehensive empirical data about the Guaraníes’ participation in Bolivia’s gas sector, this study finds that competing claims regarding territory, property, participation, and decision making provide important explanations for contestations over consultation practices and legal norms in the country.

It argues that the main conflicts can be explained by:

Informal land delivery processes in African cities

Dezembro, 2004
Quênia
Nigéria
Botswana
Zâmbia
Lesoto
Uganda
África subsariana

Informal systems for land delivery, which have in many cases evolved from earlier customary practices, still account for over half the land supplied for housing in African cities and are a particularly important channel for the poor. This study examines how informal systems of housing land delivery operate in six African cities discussing how they are evolving and how they interact with formal land administration systems.

Registration of private interests in land in a community lands policy setting: An exploratory study in Meru district, Tanzania

Peer-reviewed publication
Novembro, 2020
Tanzania

Current Tanzanian land law offers registration of private interests in land in the form of Certificates of Customary Rights of Occupancy (CCROs) within a broader community lands approach. We conducted qualitative research on the issuance of CCROs along a mountain slope transect in Meru district in northeast Tanzania. This area features intensified smallholder agriculture that evolutionary theory suggests is well adapted for registration of private interests in land.

Land tenure security for women: A conceptual framework

Peer-reviewed publication
Novembro, 2020
Noruega

While strengthening women’s land rights is increasingly on national and international agendas, there is little consensus on how to understand women’s tenure security. Analyses of women’s land rights often use very different definitions of land rights, from formal ownership to women’s management of plots allocated to them by their husbands. This paper identifies aspects of women’s tenure that should be included in indicators. It then provides a conceptual framework to identify the various dimensions of women’s land tenure security and the myriad factors that may influence it.