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Issuesdroit coutumierLandLibrary Resource
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Changes in in "customary" land tenure systems in Africa

Journal Articles & Books
Novembre, 2006
Burkina Faso
Bénin
Nigéria
Belgique
Rwanda
Mali
Zimbabwe
Eswatini
Ghana
Sierra Leone
Éthiopie
Niger
Cameroun
Kenya
Mozambique
Afrique du Sud
Lesotho
Ouganda
Italie
Tanzania
Botswana
France
Afrique

Across rural Africa, land legislation struggles to be properly implemented, and most resource users gain access to land on the basis of local land tenure systems.

Land access and livelihoods in post-conflict Timor-Leste: no magic bullets

Peer-reviewed publication
Août, 2015
Timor-Leste

In Timor-Leste, customary institutions contribute to sustainable and equitable rural development and the establishment of improved access to and management of land, water and other natural resources. Drawing on multi-sited empirical research, we argue that the recognition and valorization of custom and common property management is a prerequisite for sustainable and equitable land tenure reform in Timor-Leste.

The recognition of the customary land rights: lessons from the Province of Bié in Angola

Conference Papers & Reports
Juin, 2017
Angola

Effective recognition of customary land rights is still a challenge in Angola, as in many other African countries. Despite customary land rights of the traditional rural communities are expressly recognized in the 2004 National Land Law, very few communities in Angola have been able to register their land. In the Province of Bié, in Angola central highlands, only five customary collective land titles (called Dominio Util Consuetudinario) had been issued within the period 2004-2015.

People's Law Journal

Reports & Research
Février, 2016
Afrique du Sud

The first volume of the People's Law Journal was written by the Land and Accountability Research Centre (LARC) in the Faculty of Law at the Universityof Cape Town and edited and published by Ndifuna Ukwazi. The journal explores a wide range of relevant issues including land restitution, elite capture, traditional leadership, mining and the erosion of communal land rights in the post-apartheid era

The Status of Customary Land and the Future of Smallholder Farmers Under the Current Land Administration System in Zambia

Reports & Research
Septembre, 2015
Zambie

The past decade has ushered in an era of increasingly contentious land politics in Zambia, with investors, the government, and chiefs simultaneously blamed for injustices in land allocation. These conflicts over land have been exacerbated, and at times caused by the lack of transparency and available data on the status of land. While a variety of actors has real grievances with the security and efficiency of the current system of land allocation, smallholder farmers bear the brunt of the risk of continuing the status quo in land policy.

Legal Pluralism and Tenure Security

Journal Articles & Books
Janvier, 2016
Zambie

The purpose of the research is to: 1) investigate the interpretation of the sections in the Lands Act of 1995 that provide for the statutory recognition on one hand, and conversion of customary land, on the other; and 2) discuss the effects of the said sections on customary landholders. Methodologically, qualitative methods (largely in-depth interviews) were used to conclude that governments in sub-Sahara Africa are the architects of tenure insecurity because they (knowingly or otherwise) enact laws that are contradictory or conflicting in nature.

The Role of Culture and Belief Systems in Shaping Customary Land Reform

Journal Articles & Books
Septembre, 2014
Zambie

In their quest for economic development through increased private investment, many developing countries are reformulating land policies to pave way for the transformation of communal land rights into private property. However, these customary land reform efforts have often been frustrated by indigenous people who feel such proposals threaten rural livelihoods and undermine the traditional political structures. Most of the research on this subject has focused on whether, how and/or to what extent the objectives of land reforms (e.g.

Zambia

Reports & Research
Février, 2017
Afrique
Zambie

Despite extensive research into rural development in sub-Saharan Africa, little is known about structural transformation1 in rural areas on the continent. Zambia was chosen as one of three case study countries2 in order to identify and to analyse rural transformation processes and their main influencing forces aiming at defining strategies and measures to influence such processes towards social inclusiveness and environmental sustainability until 2030.
Zambia shows a persisting copper-dependent mono-structure with selective transformation processes

Land and Governance under Fifth Scheduled Areas-An Overview of the law

Journal Articles & Books
Janvier, 2016
Inde

This book made an attempt to bring together various legislative protections available to the tribals communities pertaining to the land and governance in the scheduled areas and the role of different institutions to achieve the goals enshrined in the Constitution. It examined the Fifth Schedule of the Constitution and its various provisions and special arrangements made for areas inhabited by Scheduled Tribes and the law relating to local self governance in these areas, primarily through village panchayat-an institution of local self governance.