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Pastoralism and Land-Tenure Change in Kenya: The Failure of Customary Institutions

Journal Articles & Books
Novembre, 2016
Kenya

Until recently, the Pokot in the highlands of the Baringo area in Kenya have practised semi-nomadic pastoralism. Today they are rapidly sedentarizing and in many areas suitable for farming, they are adopting rain-fed agriculture. As a result of these dynamics, claims to individual property on de facto communal rangelands have arisen, and to such an extent that they seriously threaten the peace of the community. This article explores the conflicts that emerge in the transition from common property to private tenure.

The Community Land Act in Kenya

Journal Articles & Books
Décembre, 2017
Kenya

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.

IN SEARCH OF THE SOLUTION TO FARMER–PASTORALIST CONFLICTS IN TANZANIA

Policy Papers & Briefs
Avril, 2017
Tanzania

Land-use conflict is not a new phenomenon for pastoralists and farmers in Tanzania with murders, the killing of livestock and the loss of property as a consequence of this conflict featuring in the news for many years now. Various actors, including civil society organisations, have tried to address farmer–pastoralist conflict through mass education programmes, land-use planning, policy reforms and the development of community institutions. However, these efforts have not succeeded in the conflict. Elsewhere in sub-Saharan Africa traditional systems are not making much headway either.

The Community Land Act in Kenya Opportunities and Challenges for Communities

Peer-reviewed publication
Kenya

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.

LEGAL RECOGNITION OF INDIGENOUS GROUPS

Reports & Research
Novembre, 1998
Myanmar
Asia du sud-est

...The main purpose of this paper is to examine legal measures taken to recognize
indigenous groups and provide for their ongoing operation; the paper starts, therefore, from an
underlying assumption that indigenous groups have continued relevance to the needs and wishes
of the people who operate within them. Nevertheless, while it is beyond the scope and purpose of
the paper to explore this complex issue in any depth, it may be useful to present – however briefly
– some of the arguments made for and against the preservation of indigenous groups. In the

"Best Practice" Options for the Legal Recognition of Customary Tenure

Reports & Research
Avril, 2005
Myanmar
Asia du sud-est

ABSTRACT:
"Is there a ‘best practice’ model for the legal recognition of customary tenure?
If not, is it possible to identify the circumstances in which a particular model
would be most appropriate? This article considers these questions in the light
of economic theories of property rights, particularly as illustrated by the
World Bank’s 2003 land policy report. While these theories have their flaws,
the underlying concept of tenure security allows a typological framework for

COMMUNAL TENURE AND THE GOVERNANCE OF COMMON PROPERTY RESOURCES IN ASIA

Reports & Research
Mars, 2011
Myanmar
Asia du sud-est

Summary: "This paper presents an overview of the distinctive
features of communal tenure in
different community-based land and natural resource
management systems. Communal
tenure refers to situations where groups, communities, or one or more villages have
well defined, exclusive rights to jointly own and/or manage particular areas of natural
resources such as land, forest and water. These are
often referred to as
common pool
resources: many rural communities are dependent on these resources for their

Elinor Ormstrom

Reports & Research
Myanmar
Asia du sud-est

Elinor "Lin" Ostrom (born Elinor Claire Awan; August 7, 1933 – June 12, 2012) was an American political economist whose work was associated with the New Institutional Economics and the resurgence of political economy. In 2009, she shared the Nobel Memorial Prize in Economic Sciences with Oliver E. Williamson for "her analysis of economic governance, especially the commons". To date, she remains the only woman to win The Prize in Economics.

The Recognition of Customary Tenure in Myanmar

Reports & Research
Octobre, 2016
Myanmar

The present study on Myanmar focuses on customary tenure among upland ethnic
nationalities, where colonial and state land administration systems have been poorly integrated,
allowing customary systems to be sustained over time. Much like under British colonial power, the
state has an ambiguous attitude towards customary systems: they are not formally recognized in
law but in practice they are tolerated. Customary land is not titled and therefore at risk of
alienation. The expropriation of many thousands of acres of farmers’ land during the military junta