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Showing items 1 through 9 of 1660.
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Library Resource
Peer-reviewed publication
Transforming a pluralistic tenure system into unified statutory rights has been a major objective of the development of property law in many developing countries. Many law and development scholars have assumed that unified land rights are a pre-condition to development and that a pluralistic tenure land system is a major source of uncertainty and insecurity. This article challenges this commonly held assumption by way of a case study of Indonesia's effort to unify the laws governing land.
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Library Resource
Government policy and community responses
This paper explores the Pakistani government’s 2009 agricultural investment policy package — a response to increasing foreign investor interest in agricultural land — and considers the likely implications for local communities. By analysing the policy pertaining to the categories of cultivated and uncultivated land, the paper explores possible consequences that peasant farming communities and grazing communities face.
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Library Resource
Peer-reviewed publication
Why do activist groups representing some of society’s most marginalized employ legalistic forms of ‘rights talk’ when the reality of securing rights via the judicial system is almost unimaginable? The article considers this question in relation to the work of the Malaysian non-governmental organisation (NGO) EMPOWER who, in 2011, produced the Malaysian Women’s Human Rights Report focusing attention on the rights of informal sector workers, refugees, sexual minorities and women’s rights under non-Islamic family law.
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Library Resource
Peer-reviewed publication
Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as being purely divine, with a single “correct” answer to any given question.
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Library Resource
‘A Guide on Land and Property Rights in Pakistan’ was designed and prepared to facilitate the basic understanding of the complex principles of the Pakistani land and revenue administration system. The first edition, printed in December 2011, was warmly received by lawyers, national civil society organisations, community leaders, local authorities, donor agencies, and international affairs organisations, engaged in relief, rehabilitation, development or other similar works that necessitate some basic understanding of the land administration system in Pakistan.
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Library Resource
Women have largely been excluded from the ownership and control of land in Pakistan, which is the single most important source of income and status in the agricultural economy. This systematic exclusion stems from multiple factors at both the policy and societal level, which include multiple and contradictory sources of law that fail to resolve the issue of women’s right to property as well as cultural bias and discriminatory practices that arise from the prevalent male-dominant mindset in rural areas.
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Library Resource
The longest-running barometer of Afghan opinion, the Survey of the Afghan People is a map of social change over time, presenting a clear picture of the gains and gaps that Afghans perceive in a rapidly transforming nation.
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Library Resource
While there is no right to land codified in international human rights law, the Convention for the Elimination of All forms of Discrimination against Women (CEDAW), provides for women’s right to own and inherit property without discrimination on the basis of sex. Afghanistan ratified CEDAW in 2003, without reservations. CEDAW (Article 14) also calls for rural women to have equal access to economic opportunities, to credit and loans, social security programs, and to adequate living conditions, including access to housing.
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Library Resource
In Afghanistan, insecurity over land and water rights hampers investments in food production and irrigation. In rural areas, customary tenure systems, partly based on religious law, are the most relevant but suffer from weak recognition and offer little protection to rights holders. The land policy reform is on-going but remains slow. Moreover, land administration capacity is weak and improvements mostly take place in urban areas. In this context, land disputes are common and often violent.
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Library Resource
The Legal Framework: Part 1 of a 3 Part Series
This report is the first in a series of three on issues related to theft of state and private lands by private individuals, armed groups, communities, the government and the state. This report, which provides the foundation for the subsequent reports, is issued separately and stands alone as a summary of the basic legal framework for land administration and management (A&M) in Afghanistan.
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