Over 80% of all land in Uganda is held under unregistered ‘customary tenure’. This means that it is private property, but the owners need no documents to prove ownership. Their claims to the land, and the boundaries of the land, are locally recognised, and this recognition is given the full protection of State law.
The protection given to the land rights of women, orphans and any other vulnerable groups in Northern and Eastern Uganda is probably as good as can be found anywhere in the world. Customary land law is based on three main principles. First, everyone is entitled to land, and no-one can ever be denied land rights. A second principle is that all inherited land is family land, never individual property.
This paper analyzes whether national laws acknowledge indigenous peoples and other rural communities in 100 countries as owners of waters that arise within their lands. Results derive from information collected by LandMark to score the legal status of community land tenure. Findings are positive; half of all countries recognize communities as lawful possessors of water on their lands. Three quarters permit communities to manage the distribution and use of water on their lands.
This study examines the preliminary impacts of Indonesia's decentralization process on the administration and management of forest resources in Ketapang District, West Kalimantan. The case study is based on field work carried out in mid-2000, using a rapid appraisal methodology. The report covers the impacts of decentralization in three areas, in particular: customary adat communities, oil palm and rubber plantations, and conservation issues related to Gunung Palang National Park.
In Indonesia, rapid deforestation is affecting local populations’ access to forest, yet little information is available about the impacts of deforestation on highly forest-dependent populations. To better understand these potential impacts, this document reports on economic and cultural uses of the forest for three villages in the Sub-District of Pujungan in East Kalimantan, using data from household suveys conducted in 1996.
Malinau District, established through partition in 1999, is the largest district in East Kalimantan and contains some of its largest tracts of forest. With decentralization, the district has sought to generate revenues from its forests, but these efforts have been handicapped by a concurrent lack of institutional capacities to manage rapid forest exploitation and conflicts over claims. Timber extraction and utilization permits (Izin Pemungutan dan Pemanfaatan Kayu or IPPK) have been the main instrument for revenue generation, with 39 IPPK covering 56,000 ha.
We believe that law should in principle assist vulnerable communities in changing power relations. Law is fundamentally a ‘neutral’ set of rules that constrains power by requiring decisions and actions of those in power to comply with legal rules, rights and obligations. Unfortunately, we have seen the powerful appropriate law as a tool for only protecting and strengthening their interests.
Written submissions on the Regulation of Agricultural Land Holdings Draft Bill made to the Minister of Rural Development and Land Reform
Kenya is the most recent African state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered.