Includes customary law in South Sudan, statutory land law, customary land tenure, interface of customary and statutory systems, women’s land rights, access to land for returnees, land disputes, land grabbing and other challenges, recommendations.
Primary aim is to provide a backdrop on relevant policies and practice, and to inform practitioners, policy makers and researchers about key governance issues relevant to the strengthening of women’s empowerment in community land stewardship and accountability in agricultural investments. Conducted in April 2016 on selected communities in Tana River County, providing an in-depth case study of the application of statutory and customary laws affecting women’s access to and management of land. Concludes that implementation of gender equality provisions has been weak overall.
Asks what is customary tenure and what do we know about tenure systems and their consequences in Northern Uganda. Examines trends in land transactions and who is selling and buying land, certificates and titles for investment, and who owns customary land. Looks at protection from land alienation, the rights of women and children, the evolution of customary tenure and continuing changes in customary law. Concludes with policy recommendations and a plea for recognition that land is increasingly a cause of conflict and impoverishment.
Contains sections on the effects on women of Rwanda’s civil war, the legal system, the gap between customary law and land legislation, research findings about Rwandan women’s rights, a number of dispute case studies, including methods of dispute settlement. Argues that a gap exists between customary and modern legal systems, creating both land access opportunities and constraints for women. Demonstrates the creativity with which women are bridging that gap in a state of legal uncertainty.
Focuses on legal and institutional aspects of children’s property and inheritance rights in Southern and East Africa. Discusses violations of those rights and how the spread of HIV and AIDS has contributed to this. Assesses some norms of customary law that aim to protect these rights and some which complicate and limit children’s ability to maintain their rights. Reviews and assesses selection of international and national laws. Identifies several gaps in law and policy. Reviews National Plans of Action for orphans and vulnerable children.
Paper discusses Zambia’s dual land tenure system, the ways in which gender issues have been incorporated in legal and policy documents, and the extent to which this has been reflected in practice. It also examines the role of donors in legal and policy processes and donor support to civil society in relation to women’s land rights. Gender and land policies provide for the allocation of land to women, but have little impact on the ground. Customary law is on the whole discriminatory against women, in particular with regard to land ownership.
Covers the Tribal Land Act, tribal land administration, customary law, Land Boards, some long-standing issues, problems encountered. Concludes that there are serious problems concerning the administration of tribal land, mainly due to poor governance and ill-advised changes to the Tribal Land Act and its regulations.
An exciting new collection inspired by a 2003 Oxfam/FAO workshop in Pretoria. Foreword briefly looks at the struggle for women’s land rights across the globe and the lack of concrete gains. Women have been confronted by resistance and patriarchy. Many land reform programmes over the past 60 years were falsely premised on notions of a unitary household. Women were disadvantaged by the codification of customary law in colonial Africa and are now by privatization in a context exacerbated by the coming of HIV and AIDS, which is breaking down notions of reciprocity.
Argues that decentralisation holds much potential for lively, participatory democratic lawmaking and enforcement through which rural women can gain greater power and secure more rights. Essential that all decentralisation policy be guided by constitutional principles. Explores the guiding principles necessary to safeguard democratic decentralisation.
The Land Portal Foundation, Landesa and the Sustainable Development Institute (SDI) co-facilitated a discussion on Liberia’s Land Rights Bill between July 18 and August 8, 2018. The discussion took place in collaboration with the Rights & Rice Foundation, Habitat for Humanity, and the Land Rights Now campaign.
The full dialogue can be read here.
The webinar on the Land Reform Agenda for Kenya took place on 10 October, 2018. The webinar reviewed the land reform process in Kenya and addressed a range of challenges, with a view to defining a path forward that will lead to equity and justice in land reforms.
The webinar addressed the following questions:
From January 15 to February 6, 2018, the USAID’s Tenure and Global Climate Change Program and Land Portal Foundation co-facilitated a dialogue on experiences of documenting household and community-level customary rights in Zambia. The dialogue brought together the perspectives of government, traditional leaders, practitioners, civil society, and academics to consider how customary land documentation can contribute to national development goals and increased service delivery in rural and peri-urban areas.