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الموافقة الحرّة والمسبقة والمستنيرة: حق الشعوب الأصلية وممارسة جيّدة للمجتمعات المحلّية

Reports & Research
August, 2016

صمم دليل حق الشعوب الأصلية وممارسة جيدة للمجتمعات المحلية كأداة للمارسي المشاريع في طيف واسع من المشاريع والبرامج التابعة لأي منظمة تنموية، حيث يوفر معلومات حول حق الشعوب الأصلية وممارسة جيدة للمجتمعات المحلية وكيف يمكن تنفيذها في ست خطوات. ويكمل هذا الليل سياسة منظمة الأغذية والزراعة الخاصة بالشعوب الأصلية والقبلية (2010) والتي تدرج حق الشعوب الأصلية وممارسة جيدة للمجتمعات المحلية كواحد من مبادئها.

Improving Tenure Security for the Rural Poor: Rwanda – Country Case Study

Reports & Research
November, 2006
Rwanda
Switzerland
Kenya
South Africa
Zimbabwe
Tanzania
Botswana
Brazil
Canada
Norway
Africa

Most of the world’s poor work in the “informal economy” – outside of recognized and enforceable rules. Thus, even though most have assets of some kind, they have no way to document their possessions because they lack formal access to legally recognized tools such as deeds, contracts and permits. The Commission on Legal Empowerment of the Poor (CLEP) is the first global anti-poverty initiative focusing on the link between exclusion, poverty and law, looking for practical solutions to the challenges of poverty.

Changes in in "customary" land tenure systems in Africa

Journal Articles & Books
November, 2006
Burkina Faso
Benin
Nigeria
Belgium
Rwanda
Mali
Zimbabwe
Eswatini
Ghana
Sierra Leone
Ethiopia
Niger
Cameroon
Kenya
Mozambique
South Africa
Lesotho
Uganda
Italy
Tanzania
Botswana
France
Africa

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
August, 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
June, 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
February, 2016
South Africa

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
September, 2015
Zambia

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
January, 2016
Zambia

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
September, 2014
Zambia

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.