Statutory Recognition of Customary Land Rights in Africa PDF Download
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Author: Rachael S. Knight
Publisher: Food & Agriculture Org
ISBN: 9789251067284
Category : Law
Languages : en
Pages : 301
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Book Description
"Given the recent trend of granting vast areas of African land to foreign investors, the urgency of placing real ownership in the hands of the people living and making their livelihood upon lands held according to custom cannot be overstated. This study provides guidance on how best to recognize and protect the land rights of the rural poor. Protecting and enforcing the land rights of rural Africans may be best done by passing laws that elevate existing customary land rights up into nations' formal legalframeworks thereby making customary land rights equal to documented land claims. This publication investigates the various over-arching issues related to the statutory recognition of customary land rights. Three case studies of land laws in Botswana, Tanzania and Mozambique are analysed extensively in content and implementation, concluding with recommendations and practical considerations on how to write a land law that recognizes and formalizes customary land rights. It cautions lawmakers that even excellent laws may, in their implementation, fall prey to political manipulation and suggests various oversight and accountability mechanisms that may be established to ensure that the law is properly implemented, the land claims of rural communities are protected, and the legislative intent of the law is realized"--P. [4] of cover.
Author: Rachael S. Knight
Publisher: Food & Agriculture Org
ISBN: 9789251067284
Category : Law
Languages : en
Pages : 301
Get Book Here
Book Description
"Given the recent trend of granting vast areas of African land to foreign investors, the urgency of placing real ownership in the hands of the people living and making their livelihood upon lands held according to custom cannot be overstated. This study provides guidance on how best to recognize and protect the land rights of the rural poor. Protecting and enforcing the land rights of rural Africans may be best done by passing laws that elevate existing customary land rights up into nations' formal legalframeworks thereby making customary land rights equal to documented land claims. This publication investigates the various over-arching issues related to the statutory recognition of customary land rights. Three case studies of land laws in Botswana, Tanzania and Mozambique are analysed extensively in content and implementation, concluding with recommendations and practical considerations on how to write a land law that recognizes and formalizes customary land rights. It cautions lawmakers that even excellent laws may, in their implementation, fall prey to political manipulation and suggests various oversight and accountability mechanisms that may be established to ensure that the law is properly implemented, the land claims of rural communities are protected, and the legislative intent of the law is realized"--P. [4] of cover.
Author: Rachael S. Knight
Publisher:
ISBN:
Category : Land rights
Languages : en
Pages : 310
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Book Description
Author: Camilla Toulmin
Publisher: IIED
ISBN: 1899825517
Category : Land reform
Languages : en
Pages : 5
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Book Description
Author: Robert Home
Publisher: PULP
ISBN: 1920538011
Category : Law in general. Comparative and uniform law. Jurisprudence
Languages : en
Pages : 218
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Book Description
Author: Jean-Pierre Chauveau
Publisher: IIED
ISBN: 1843696576
Category : Customary law
Languages : en
Pages : 137
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Book Description
Author: Oleg Igorevich Krassov
Publisher: XSPO
ISBN: 5001562554
Category : Law
Languages : en
Pages : 377
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Book Description
The monograph studies the key aspects of land law of African countries, customary land tenure laws, customary rights to water, forest, cattle grazing; the influence of colonial epoch on customary land tenure systems, and the rights of African women to land. Characteristic features of land and water rights under Islamic law are provided. The current state of formal land law in the countries of North, West, Central, and East Africa is analyzed, including the following: the right of ownership to land and other natural resources, types of various rights to land and natural resources, and the relationship of formal law and customary land tenure systems. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in land, civil law and comparative legal studies.
Author: Frank M. Mifsud
Publisher:
ISBN:
Category : Inheritance and succession
Languages : en
Pages : 114
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Book Description
Author: Food and Agriculture Organization of the United Nations
Publisher: FAO
ISBN:
Category : Business & Economics
Languages : en
Pages : 62
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Book Description
This publication deals with key issues in land tenure, especially as they relate to food insecurity and rural development situations. Land tenure issues are frequently ignored in rural development interventions, with often long-lasting, negative results. This guide is designed to assist technical officers in governments and civil society in understanding why and how land tenure issues should be considered in rural development projects. It analyses important contexts such as environmental degradation, gender discrimination, and conflicts, where land tenure is currently of critical concern.
Author: Tarimo, Aquiline
Publisher: Langaa RPCIG
ISBN: 9956792608
Category : Law
Languages : en
Pages : 184
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Book Description
This book, from ethical, interdisciplinary, and African perspectives, unveils the root causes of the increasing land disputes. Its significance lies upon the effort of presenting a broad overview founded upon a critical analysis of the existing land-related disputes. It is a perspective that attempts to evaluate the renewed interest in evolving theories of land rights by raising questions that can help us to understand better differences underlying land ownership systems, conflict between customary and statutory land rights systems, and the politics of land reform. Other dimensions explored in the book include the market influence on land-grabbing and challenges accompanying trends of migration, resettlement, and integration. The methodology applied in the study provides a perspective that raises questions intended to identify areas of contention, dispute, and conflict. The study, which could also be categorized as a critical assessment of the African land rights systems, is intended to be a resource for scholars, activists, and organizations working to resolve land-related disputes.
Author: H. W. J. Sonius
Publisher:
ISBN:
Category : Adat law
Languages : en
Pages : 62
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Book Description
