Includes key policy concerns and recommendations, the Draft National Land Policy of 2006.
Background paper for an IDS Sussex workshop on new ideas on the rights to land, housing and property. Contains a renewed focus on poverty and, within that, a new focus on land rights; livelihoods and rights-based approaches; the World Bank and received orthodoxy in land policy; DFID’s focus on land rights in Africa; Francophone perspectives; recent World Bank thinking; the mysteries of capitalism (a discussion of de Soto); lessons learnt.
Focuses on the social protection aspects of children’s property and inheritance rights in southern and eastern Africa. Discusses the relationship between HIV and AIDS and agriculture, food security, and rural livelihoods (including children’s property and inheritance rights). Considers factors that render children’s property rights more vulnerable than adults’ property rights. Reviews literature on social protection of children, emphasizing historical developments, types of child social protection, and recipients and providers of child social protection.
State/people forest relations are at a turning point in Liberia. The crux of the issue is property relations and how the rights of rural Liberians to forests are treated in law and in practice. Central to the problem and the solution is the status of customary land rights. The paper tracks what happened to the natural rights indigenous Liberians have to their lands and the valuable forests that grow on them. It looks back at the treatment of customary land tenure over the century-long process of forming the modern Liberian state.
Focuses on tackling land issues in post-conflict states. Root of problem is that most rural populations are little better than squatters on their own land in the eyes of the law. Remedy is to acknowledge customary land rights as equivalent to private property rights.
Includes conceptualising property rights in natural resources; importance of property rights in natural resource management; policy and administrative approaches for devolving property rights; strengthening local governance to manage and enforce property rights to natural resources.
Reviews key gender issues that need addressing re IDP return and the resumption of livelihoods in the recovery of post-conflict Northern Uganda. Reveals the inadequacies in policy and law in addressing gender and land issues.
Introduction – conceptual, policy and legislative frameworks. Overview of the impact of HIV/AIDS – on poverty, livelihoods, land and agriculture. Study findings and their implications – land tenure, land rights, gender and inheritance, land use, land administration, land markets and redistribution, agricultural production. Emerging issues and policy options on land tenure, land rights, land use, land administration, land markets and redistribution, agricultural production. Includes findings from household surveys, key informant interviews and focus group discussions.
Key findings: Customary tenure remains strong with only 1.2% of plots held under statutory tenure. Over 86% of women reported they have access to land under customary tenure and c.63% of women reported they “own” land under customary tenure. Tenure security is not dependent on formal documentation as proof of ownership. Men play a dominant role in land management. General knowledge of statutory and customary land law and management systems is poor. c.50% of the population have experienced land conflicts, 72% are within household, family or clan.
Contains an overview and thematic notes on gendered access to land and property; legal reforms and women’s property rights; land dispute resolution; gender-responsive titling; case studies from Nepal and Honduras; further reading.
Report divided into 5 themes: legal issuers of women’s rights to land and property in Namibia; traditional institutions on women’s land and property rights; HIV/AIDS, land and property rights, and livelihood strategies; Namibian experiences; regional experiences (Swaziland, Uganda, Zambia, Zimbabwe).
Presentation to an international workshop on Making Land Rights More Secure held in Ouagadougou.