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Review of Selected Land Laws and the Governance of Tenure in the Philippines

Journal Articles & Books
Setembro, 2014
Filipinas

The Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT), was developed under the Committee on World Food Security as a result of collaboration among different groups of stakeholders – governments, civil society, private sector, academia. The VGGT is intended to provide a framework for responsible tenure governance that supports food security, poverty alleviation, sustainable resource use and environmental protection.

Function and changes of the open access resources in rural Bangladesh

Journal Articles & Books
Setembro, 2014
Bangladesh

Bangladesh is located on a huge delta, an area of high population density. The study investigates the situation of commonly used resources in rural Bangladesh, with case studies in two villages in different hydrological situations. In rural Bangladesh, most land is owned privately or by the government, and the common properties are very few. Instead, swamps were open to local communities and anyone has access to it.

Community and government: planning together for climate resilient growth

Reports & Research
Agosto, 2014
Tanzania

Planning for climate resilience growth is increasingly important for the natural resource dependent economy of Tanzania. Central government does not have the knowledge, reach, skills or resources needed to plan for the range of livelihoods within Tanzania; but local governments, if granted the authority and resources, could plan with communities in the flexible, timely and appropriate manner that climate variability demands.

Land laws amendment bills: a practitioner’s perspective on the land bills

Journal Articles & Books
Agosto, 2014
Quênia

The first set of the land laws were enacted in 2012 in line with the timelines outlined in the Constitution of Kenya 2010. In keeping with the spirit of the constitution, the Land Act, Land Registration Act and the national Land Commission Act respond to the requirements of Articles 60, 61, 62, 67 & 68 of the Constitution. The National Land Policy, which was passed as Sessional Paper No. 3 of 2009, arrived earlier than the Constitution, with some radical proposals on the land Management.

La question foncière à l’épreuve de la reconstruction en Côte d’Ivoire

Reports & Research
Julho, 2014
Côte d'Ivoire

Le conflit ivoirien (2002-2011) a exacerbé des tensions foncières anciennes engendrées par d’intenses migrations agraires, notamment dans la zone forestière restée sous contrôle gouvernemental durant la crise. Une loi sur le domaine foncier votée en 1998 avait tenté d’apporter une réponse à ces tensions par une politique ambitieuse de sécurisation des droits coutumiers par l’enregistrement de titres de propriété.

Power and Vulnerability Land Dispute Resolution

Reports & Research
Abril, 2014
Uganda

Unfolding analysis reveals two types of land disputes prevalent in postwar northern Uganda: cases that involve a legitimate cause of action and those that do not.1 Since mediation and alternative forms of dispute resolution rely on parties’ willingness to negotiate in good faith, cases featuring ‘bad faith’ and land grabbing—where powerful parties intentionally exploit another person’s vulnerability in order to illegally2 claim land—pose a serious challenge for local land dispute mediators. Such mediators must wrestle with whether and how to remain neutral in the face of injustice.

No Clear Grounds

Reports & Research
Fevereiro, 2014
Zâmbia

The global finance, energy and food crises are fuelling a global rush for land in developing countries. In their search for land, political leaders and investors look to Africa as a potential food supplier for the rest of the world. However, the current trend of land liberalisation rarely offers a solution to sustainable food production and poverty reduction among smallhold farmers in rural areas, as shown by this case study.

Zambia: Conversions of Customary Land to Leasehold Title

Reports & Research
Dezembro, 2013
Zâmbia

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.

Customary Law and the Protection of Community Rights to Resources

Manuals & Guidelines
Dezembro, 2013
África
África do Sul

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.