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Agricultural land market in Bulgaria

Reports & Research
декабря, 2004

The land fragmentation in Bulgaria is a big problem after the land restitution. As a result of the implementation of the activities according to the Law on Ownership and use of agricultural land, land reallocation plans by Territories Belonging to Settlements (TBSs) were drawn up and came into force for the entire territory of the country. There were established about 10 million land properties, belonging to approximate 2 million owners, which means that the average area of a property is about 0,6 ha, including perennial plantations, meadows, and pastures.

The state of cadastre, land market and real property development in Serbia and Montenegro

Reports & Research
декабря, 2004

The paper provides basic sharacteristics of Real Estate Cadastre as a unique record system of real estate and registration rights with overview regarding its implementation and ways of managing Land Cadastre and Land Books. The problems of unique record system have been emphasized due to its inclusive real estate date and registration of rights. In the paper there are also presented some other problems which has negative effects regarding the land reform process in Serbia.

Are there customary rights to plants?

декабря, 2004
Uganda
Eastern Africa

Debates around Common Property Resources and Intellectual Property Rights fail to consider traditional and indigenous rights regimes that regulate plant resource exploitation, establish bundles of powers and obligations for heterogeneous groups of users, and create differential entitlements to benefits that are related to social structures. Such rights regimes are important to maintaining biodiversity and to human welfare; failing to recognize them presents dangers.

Good, average and bad: law in action

декабря, 2004
Mozambique
Sub-Saharan Africa

This tool aims to support the scrutiny and the improvement of positive outcomes of laws for rural communities. It explores the reasons behind variable practical outcomes (good, average and bad) then suggests changes in how to develop laws, put them into practice or enforce them.

Land tenure, land use and sustainability in Kenya: towards innovative use of property rights in wildlife management

декабря, 2004
Kenya
Sub-Saharan Africa

Examining the assumption that private property rights create incentives for the management of resources, this paper argues that private property rights and current wildlife conservation and management laws and policies in Kenya fail to provide the solution to wildlife biodiversity erosion.

Land registration and women’s land rights in Amhara Region, Ethiopia

декабря, 2004
Ethiopia
Sub-Saharan Africa

Assesses the ongoing land registration process in the Amhara Region and its outcomes for women. The paper finds that while land policy and registration procedures aim to guarantee women’s access to land, practice on the ground suggests more needs to be done to support women’s rights in the implementation process.Land registration, initiated in 2003, stipulates that both spouses should be named on the certificate.

The human right to food in Guatemala

декабря, 2004
Guatemala
Latin America and the Caribbean

This paper presents an analysis of the actions and omissions of the Guatemala State in respect to its obligations under the human right to food, and also refers to several paradigmatic cases of violations of the right to food within the context of the indigenous population and land and labour conflicts.

State courts and the regulation of land disputes in Ghana: the litigants’ perspective

декабря, 2004
Ghana
Sub-Saharan Africa

This paper argues that Ghanaian litigants in land disputes favour authoritative state legal-institutions over out-of-court settlements. Current policy debates on how to protect the land rights of the majority of customary land holders revolve around the respective merits of customary and non-state regulation (said to be accessible, flexible and socially embedded) versus state systems, which are said to offer more certainty, impartiality and nondiscriminatory codes and procedures.

Gender and land compendium of country studies

декабря, 2004
Nicaragua
Brazil
Latin America and the Caribbean

This compendium provides an improved understanding of the complex issues concerning gender and land. It draws on research commissioned by FAO. The authors argue that hunger and poverty are, in general, consequences of inadequate and restricted access to land and other resources, such as capital, inputs and technology; women are among those with less access to land, while accounting for a large share in small-scale food production.Rights to land, especially women’s rights to land, are determined by a complex interaction between the institutions, and underlying power relations, of a society.

Making property rights accessible: social movements andlegal innovation in the Philippines

декабря, 2004
Brazil
Philippines
Latin America and the Caribbean
Eastern Asia
Oceania

Today, many rural poor Filipinos are using state law to try to claim land rights. In spite of the availability of a much stronger set of legal resources than ever before, claiming legal land rights remains difficult. Some argue these difficulties are a reason to turn away from state-led land reform and toward a market-assisted land reform (MALR) model.

Human rights, formalisation and women’s land rights in southern and eastern Africa

Reports & Research
декабря, 2004
Southern Africa
Eastern Africa

How can the abstract principles of the human rights-based approach (HRBA) be translated into practical strategies to improve women's ownership and access to land? In Tanzania, Mozambique, South Africa, Zimbabwe, and Kenya, despite changes in national law and policy aiming to improve women's land tenure, none of the land reforms meet human rights standards. This is because legal regulation of land blurs with customary laws mostly relating to land transactions and family, marriage or inheritance.