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

Reports & Research
Março, 2006
África

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
Fevereiro, 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
Dezembro, 2005
Quênia

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
Novembro, 2005
África
Quênia

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
Setembro, 2005
África

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
Setembro, 2005
África

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
Junho, 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
Maio, 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
Abril, 2005
Uganda
África

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
Abril, 2005
África

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.

The Ndungu Report: Land & Graft in Kenya

Reports & Research
Março, 2005
Quênia
África

This summary of the Report of the Ndungu Commission on Illegal and Irregular Allocation of Public Land provides an insight into a critical recent episode in the struggles over land and graft in Kenya. Includes land and demography in Kenya; the law relating to the allocation of land; the Commission’s findings – (1) urban, state and ministries’ land, (2) settlement schemes and trust lands, (3) forest lands, national parks, wetlands, riparian resources and protected areas; the Commission’s recommendations; commentary.