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The Movement of the Landless (MST) and the juridical field in Brazil

Diciembre, 2004
Brasil
América Latina y el Caribe

This working paper focuses on the Movement of the Landless (MST) and the various legal strategies used to redefine property law in Brazil. Through a number of legal strategies MST has helped produce watershed high court rulings, contributed to the process of constitutionalising law, and made access to land more equitable in parts of Brazil by redefining property rights in practice.The paper explores legal change triggered by the strategic action through what Bourdieu calls the juridical field (relating to the function and administration of the judicial system).

Open-range management and property rights in pastoral Africa: a case of spontaneous range enclosure in South Darfur, Sudan

Diciembre, 1984
Sudán
África subsahariana

The enclosure of open rangeland and its allocation to individuals or groups is a component of many African livestock development projects. In project after project, however, pastoralists have declined to fence or reallocate ownership of their land according to project specifications. It would now appear that the promise of a more efficient system of livestock production and range management is not, in itself, sufficient to induce pastoralists to adopt a fenced system of ranching.

Double standards: women's property rights violations in Kenya

Reports & Research
Diciembre, 2002
África subsahariana
Kenya

This report recounts the experiences of 130 women from various regions, ethnic groups, religions, and social classes in Kenya who have had their property rights flouted because they are women.The report presents evidence that women are excluded from inheriting, evicted from their lands and homes by in-laws, stripped of their possessions, and forced to engage in risky sexual practices in order to keep their property. When they divorce or separate from their husbands, they are often expelled from their homes with only their clothing.

Papers of FAO/SARPN Workshop on HIV/AIDS and Land, Pretoria

Websites
Diciembre, 2001
África subsahariana
Kenya
Malawi
Tanzania
Lesotho
Sudáfrica

Series of country papers on HIV/AIDS and land in Lesotho, Kenya, South Africa, Malawi, Tanzania, with concluding paper on methodological and conceptual issues. The key questions addressed include: The impact on and changes in land tenure systems (including patterns of ownership, access, and rights) as a consequence of HIV/AIDS with a focus on vulnerable groups. The ways that HIV/AIDS affected households are coping in terms of land use, management and access, e.g. abandoning land due to fear of losing land, renting out due to inability to utilise land, distress sale of land, etc.

Private and communal property rights in rangeland and forests in Uganda

Diciembre, 1997
Uganda
África subsahariana

The present land tenure situation in Uganda is essentially the result of four factors: customary tenure practices, the mailo tenure system introduced under the British colonial administration, the Land Reform Decree passed by Idi Amin’s government in 1975, and the disrupting social order under the Amin regime and during the period following its downfall. The impacts of the Land Reform Decree and civil disobedience have led to the degradation of common property resources, particularly forest areas and pastures.

After land reform, the market?

Diciembre, 1997
América Latina y el Caribe

The ultimately disappointing results of past redistributive reforms caused contemporary policy-makers in Latin America to search for alternatives. In recent years, the issue of transforming tenure structure through the market mechanism has moved into the spotlight. This paper argues that it is extremely helpful to approach the topic from an institutional perspective. The institution of property rights is central to the discussion. New questions emerge: How are transactions actually being carried out in the rural setting?

Land tenure, land use and sustainability in Kenya: towards innovative use of property rights in wildlife management

Diciembre, 2004
Kenya
África subsahariana

Examining the assumption that private property rights create incentives for the management of resources, this paper argues that private property rights and current wildlife conservation and management laws and policies in Kenya fail to provide the solution to wildlife biodiversity erosion.

New Institutional Economics: A Survey of Property Rights and Natural Resource Management [case study from Rajasthan]

Diciembre, 1997

In this paper, the results of a recent case study of forest conservation and management in Sariska Tiger Reserve, Rajasthan, India are reported. Changes in land use, grazing, household fuelwood collection and inadequate management institutions are identified as key factors causing forest degradation. The paper demonstrates that quantitative analysis, employing data from fairly large samples of households and villages, is a useful supplement to the qualitative methods dominating in studies of conservation and natural resource management institutions.

Women's land and property rights in situations of conflict and reconstruction

Diciembre, 2000

Despite advances in the international rights regime, persistent discrimination evident in the customary laws which regulate women's status in most traditional societies was a constant factor across cultural, social and political divides. The case-histories and testimonies recorded by the Kigali Consultation provide an insight into changes in land and inheritance rights brought about by conflict and its attendant social disruptions.