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“As a husband I will love, lead, and provide:” Gendered access to land in Ghana

Policy Papers & Briefs
December, 2016
Western Africa
Sub-Saharan Africa
Africa
Ghana

Improving women’s access to land is high on the agricultural policy agenda of both governmental and non-governmental agencies. Yet, the determinants and rationale of gendered access to land are not well understood. This paper argues that gender relations are more than the outcomes of negotiations within households. It explains the importance of social norms, perceptions, and formal and informal rules shaping access to land for male and female farmers at four levels: (1) the household/family, (2) the community, (3) the state, and (4) the market. The framework is applied to Ghana.

Rethinking communal land administration

Conference Papers & Reports
November, 2016
South Africa

This report, a summary of the substantial challenges that continue to plague South Africa’s efforts to reform land administration system, proposes that key decision-makers and informers involved in communal land administration undergo a mindshift in thinking. This shift should be from focusing exclusively on transferring communal land to traditional leaders, Common Property Institutions and private individuals, to recognising and accommodating existing forms of social tenure.

Land Conflicts in India: An Interim Analysis

Reports & Research
November, 2016
India

Land and resource conflicts in India have deep implications for the well-being of the country’s people, institutions, investments, and long-term development. These conflicts reveal deep structural flaws in the country’s social, agrarian, and institutional structures, including ambiguities in property rights regimes and institutions. In 2014, a study focusing primarily on reports in the national media reflected the gravity of these conflicts.

The Recognition and Security of Customary Tenure of Indigenous Peoples in Cambodia: a Legal Perspective (in Khmer)

Reports & Research
October, 2016
Cambodia

This short thematic study challenges the assumption that the legal framework to recognize and protect indigenous peoples’ (IP) customary lands is adequate and that the challenge lies in its implementation. With support from MRLG, a core group of IP NGOs of the Cambodia Indigenous Peoples Alliance (CIPA) held a series of seminars to scrutinize this legal framework, identify gaps and make recommendations for a revision of the supporting legal framework. The thematic study documents this joint reflection.

The Recognition and Security of Customary Tenure of Indigenous Peoples in Cambodia: a Legal Perspective

Reports & Research
October, 2016
Cambodia

This short thematic study challenges the assumption that the legal framework to recognize and protect indigenous peoples’ (IP) customary lands is adequate and that the challenge lies in its implementation. With support from MRLG, a core group of IP NGOs of the Cambodia Indigenous Peoples Alliance (CIPA) held a series of seminars to scrutinize this legal framework, identify gaps and make recommendations for a revision of the supporting legal framework. The thematic study documents this joint reflection.

Amaqamu & Emakhasaneni v Minister of Rural Development and Land Reform

Legislation & Policies
October, 2016
Africa
South Africa

This is a judgement in the Land Claims Court which concerned the validity of land claims lodged under The Restitution of Land Rights Amendment Act 15 of 2014. This act was an amended version of the Restitution of Land rights Act 22 f 1994 which differed by extending the time frame for persons, descendants, or communities who were disposed of land after 1913 to lodge land claims.  Previously the cut-off date under the 1994 to lodge claims was 31st December 1998. Under the 2014 Act, claims could up lodged from the passing of the act until 30 June 2019.

Index de transparence des systèmes fonciers communautaires en Afrique

Reports & Research
September, 2016
Congo

En 2015, l‘African Community Rights Network (ACRN) a lancé l’Index de Transparence des Droits fonciers communautaires en Afrique (ACLTI) plus connu sous l’appellation « indice foncier ACRN ». L’objectif de l’ACLTI est la protection des terres rurales communautaires par la sécurisation des systèmes fonciers ruraux communautaires. Le terme «terres communautaires» est adopté par l’ACRN pour désigner les terres communes ou collectives. Leur nature varie, considérablement, selon les arrangements culturels autour des terres.

Namibia: Good Practices and Lessons Learned for Gender and Communal Land

Reports & Research
August, 2016
Namibia
Africa

Focuses on communal land and attempts to better understand the intersection of gender, communal land, and land reform in Namibia. Concentrates on two regions that adopted different approaches. The Oshana region leads the implementation of the nationwide Communal Land Reform Act, 2002, that introduced the registration of customary land rights in communal areas, while the Kavango region declined to participate in this and instead continues to independently administer customary land rights in accordance with its established customary system.

Innovative Approach To Land Conflict Transformation

Reports & Research
July, 2016
Cambodia

In the Mekong region, conflicts between local communities and large scale land concessions are widespread. They are often difficult to solve. In Cambodia, an innovative approach to conflict resolution was tested in a case involving a private company, Hoang Anh Gia Lai (HAGL), and several indigenous communities who lost some of their customary lands and forests when the company obtained a concession to grow rubber in the Province of Ratanakiri. The approach was developed by CSOs Equitable Cambodia (EC) and Inclusive Development International (IDI) with the support of QDF funding from MRLG.

Innovative Approach to Land Conflict Transformation: Lessons Learned From the HAGL/Indigenous Communities’ Mediation Process in Ratanakiri, Cambodia

Reports & Research
June, 2016
Cambodia

In the Mekong region, conflicts between local communities and large scale land concessions are widespread. They are often difficult to solve. In Cambodia, an innovative approach to conflict resolution was tested in a case involving a private company, Hoang Anh Gia Lai (HAGL), and several indigenous communities who lost some of their customary lands and forests when the company obtained a concession to grow rubber in the Province of Ratanakiri. The approach was developed by CSOs Equitable Cambodia (EC) and Inclusive Development International (IDI) with the support of QDF funding from MRLG.