This policy brief presents strengths and weaknesses of state and traditional land justice institutions in relation to access, costs and speed in concluding the process of resolving land cases. In the current legal and institutional framework, strengthening of the customary justice system would bring benefits. With 93% of land in the Northern and Eastern regions under customary tenure, the most important institution is the clan, yet clan rulings are most often ignored by a parallel state system.
Résultats de la recherche
Showing items 1 through 9 of 7.-
Library ResourceDocuments de politique et mémoiresdécembre, 2017Ouganda, Afrique sub-saharienne
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Library ResourceRapports et recherchesdécembre, 2012Afrique orientale
The security of women’s entitlement to land and land-based resources in the East Africa region has been compromised by a combination of unfavourable laws and government policies, socio-economic change toward greater commoditization of and competition for land and land-based resources, and exclusionary practices defended as ‘customary’. Law, policy, and practice have excluded women in land ownership and control and made their access tenuous.
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Library ResourceArticles et Livresdécembre, 2015
The Constitution of Kenya (2010) has provided the means for confronting new challenges to evictions and access to justice faced by vulnerable groups such as the residents of Mukuru. New jurisprudence has begun to emerge, addressing the human rights implications of evictions. Project researchers along with the Katiba Institute and Strathmore University’s School of Law work closely with the community to investigate different existing tenure arrangements in Mukuru to determine how the Constitution and land laws can be used to address challenges related to insecure land tenure.
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Library ResourceDocuments de politique et mémoiresavril, 2015
Public lands accounted for 80% of the country area until a decade ago. As Cambodia emerged from three decades of civil war and internal strife, the Royal Government of Cambodia (RGC) has granted more than 10% of the country area or 50% of the cultivatable land as large scale “Economic Land Concessions” (ELCs) to private companies, mostly foreign owned, in a mostly rigged process. Land disputes have become a permanent fixture in the press and a hot issue on human rights reports.
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Library ResourceRapports et recherchesdécembre, 2011Colombie
Research has become a driving force behind upcoming
land restitution efforts in Colombia, where for decades
peasants have lost land by violent means. The initiative
is especially important for women, who have also built
new networks in pursuit of a broad range of social goals. -
Library ResourceDocuments de politique et mémoiresoctobre, 2015Burundi, République-Unie de Tanzanie, Afrique sub-saharienne
The validity of a title deed, or whether a property owner purchased in good faith, has recently been questioned and rejected by the land commission, a body under the auspices of the office of the presidency. In 2015 for over two weeks, both residents ‘abasangwa’ and repatriates ‘abahungutse’, stood together to oppose the Burundi land commission: the Commission Nationale Terres et autres Biens (CNTB, National Commission of land and other Assets), who are revisiting land restitution cases it had previously settled.
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Library ResourceRapports et recherchesdécembre, 2005Cambodge, Philippines
The study explores the relationship between decentralization and conflict, comparing two case studies in Cambodia and the Philippines. It addresses to what degree and in what ways decentralization influences conflicts that are related to natural resources management (NRM), especially where local institutions are often unrepresentative of, and unaccountable to local communities. In developing countries, the research indicates that sufficient time is an essential component for bringing about genuine and effective local governance, as well as being a means for averting conflict.
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