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Children’s Property and Inheritance Rights, HIV and Aids, and Social Protection in Southern and Eastern Africa

Reports & Research
Novembro, 2007
África

Focuses on the social protection aspects of children’s property and inheritance rights in southern and eastern Africa. Discusses the relationship between HIV and AIDS and agriculture, food security, and rural livelihoods (including children’s property and inheritance rights). Considers factors that render children’s property rights more vulnerable than adults’ property rights. Reviews literature on social protection of children, emphasizing historical developments, types of child social protection, and recipients and providers of child social protection.

Children’s property and inheritance rights and their livelihoods: the context of HIV and AIDS in Southern and East Africa

Reports & Research
Novembro, 2006
África

Focuses on legal and institutional aspects of children’s property and inheritance rights in Southern and East Africa. Discusses violations of those rights and how the spread of HIV and AIDS has contributed to this. Assesses some norms of customary law that aim to protect these rights and some which complicate and limit children’s ability to maintain their rights. Reviews and assesses selection of international and national laws. Identifies several gaps in law and policy. Reviews National Plans of Action for orphans and vulnerable children.

Getting to the Heart of the Matter: Powers over Property. Devolved land governance – the key to tackling the land issue in Kenya?

Reports & Research
Março, 2008
Quênia
África

A contribution to the current vibrant debate on land in Kenya following recent upheavals. Argues the need for a radical restructure of the way property relations are governed because what is being contested today is not just property but power over property. Makes practical suggestions for genuinely local democratisation of land governance. Need to act on identified illegal allocation of public land; devolve, not de-concentrate, land administration and to the most local level possible; and vest radical title in real communities, not district/tribal territorial domains.

Making Progress – Slowly. New Attention to Women’s Rights in Natural Resource Law Reform in Africa

Reports & Research
Fevereiro, 2001
África

Critical shifts are affecting rural resource rights in Africa through widespread reform in land, forestry and other laws. The cutting edge of transformation affecting women is in emerging new provision for wives to hold family property as co-owners with their husbands, which could play a main role in revitalising smallholder agriculture. Recognition that equity in domestic land relations may ultimately be a prerequisite to the modernisation of subsistence agriculture in agrarian economies is the thesis underlying the analysis of legal texts in this paper.

So Who Owns the Forest? An Investigation into Forest Ownership and Customary Land Rights in Liberia

Reports & Research
Novembro, 2007
Libéria
África

State/people forest relations are at a turning point in Liberia. The crux of the issue is property relations and how the rights of rural Liberians to forests are treated in law and in practice. Central to the problem and the solution is the status of customary land rights. The paper tracks what happened to the natural rights indigenous Liberians have to their lands and the valuable forests that grow on them. It looks back at the treatment of customary land tenure over the century-long process of forming the modern Liberian state.

A Place We Want to Call Our Own. A study on land tenure policy and securing housing rights in Namibia?

Reports & Research
Maio, 2005
Namíbia
África

Chapters cover introduction and background; land tenure; housing; inheritance and marital property legislation; poverty reduction strategy; land management systems; implementation of land and housing rights; good practices; conclusions; recommendations. Argues that the challenge is to take the steps necessary to speed up full implementation of the Flexible Land Tenure System so as to revitalise the hopes and aspirations of the thousands of poor families living in informal settlements.

Land Tenure Reform and the Balance of Power in Eastern and Southern Africa

Reports & Research
Junho, 2000
África

Examines the current wave of land tenure reform in Eastern and Southern Africa. Discusses how far tenure reform reflects a shift in powers over property from centre to periphery. A central question is whether tenure reform is designed to deliver to rural smallholders greater security of tenure and greater control over the regulation and transfer of these rights.

LEAP News: July 2002

Reports & Research
Julho, 2002
África

Newsletter of a South African research group looking at tenure security issues and legal entities, particularly Common Property Associations (CPAs). Stresses the importance of adapting rather than replacing existing institutions that already work. Provides a list of 20 research papers, conference reports etc which can be ordered by email.

Whose Land is it? Commons and Conflict States. Why the Ownership of the Commons Matters in Making and Keeping Peace

Reports & Research
Julho, 2008
África

Addresses the tenure fate of three commons: the 30 million hectares of pasture lands of Afghanistan which represent 45 percent of the total land area and are key to livelihood and water catchment in that exceedingly dry country; the 5.7 million hectares of timber-rich tropical forests in Liberia, 59 percent of the total land area; and the 125 million hectares of savannah in Sudan, half the area of that largest state of Africa. All three resources have a long history as customary properties of local communities and also share a 20th century history as the property of the state.

Land in the Proposed Constitution of Kenya: What does it mean?

Reports & Research
Maio, 2010
Quênia
África

Covers what is ‘land’ and what ‘property’ in the proposed Constitution?; where is land covered; common questions…with some answers; what does the proposed Constitution actually say and not say about land?; so what is the verdict? Concludes that it opens the door to significant reforms and failure to perform could be a matter of challenge in the courts. Ordinary Kenyans will need to hold the State to account in devising appropriate legislation and programmes swiftly and with the maximum of public participation.

Land, People and Forests in Eastern and Southern Africa. A Study of the Impact of Land Relations upon Community Involvement in Forest Future

Reports & Research
Junho, 2000
África

A summary of a larger study. Examines the relationship of people’s rights in land to the manner in which they may be involved in the management of forests in Tanzania, Uganda, Kenya, Zambia, Malawi, Zimbabwe, South Africa, Namibia, Mozambique, Lesotho and to a lesser degree Botswana and Swaziland. Includes examination of property relations, state power, land reform, recognition of customary rights, the changing nature of tenure, and the impact of new land law on community forest rights.