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Land Rights: where we are and where we need to go

Reports & Research
September, 2005
Africa

Review of the situation of land rights in Apac District and of opportunities for land rights protection work. Examines the 1998 Land Act and its implementation in practice. Finds that the protection clauses for women are proving ineffective. Also looks at the major threats and barriers to land rights and suggests ways forward. Among many other pertinent questions, asks why the Ugandan Government has shown so little interest in customary tenure and why it pursues land titling to the extent it does.

Understanding and Strengthening Women’s Land Rights Under Customary Tenure in Uganda

Reports & Research
March, 2011
Uganda
Africa

Includes introduction; vulnerabilities shared among all women; different categories of women have different vulnerabilities – widows, unmarried girls, divorced women, separated women, cohabiting women, married women; proposed solutions. Argues that rather than working against custom, policymakers and activists should be creative in identifying a range of culturally-appropriate solutions within custom that can successfully strengthen, defend and protect women’s land rights.

A Land Market for Poverty Eradication? A case study of the impact of Uganda’s Land Acts on policy hopes for development and poverty eradication

Reports & Research
June, 2005
Uganda
Africa

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.

Contemporary processes of large-scale land acquisition by investors. Case studies from sub-Saharan Africa

Reports & Research
November, 2011
Africa

Includes land reform and customary tenure in sub-Saharan Africa: a brief review; methodology; the statutory underpinnings of large-scale land acquisition; land acquisition in practice: evidence from case-study countries – Ghana, Mozambique, Tanzania, Zambia; discussion and conclusions – legal protection of customary rights, customary rights in the context of large-scale land acquisitions, evidence from implementation.

Perspectives on Land Tenure Security in Rural and Urban South Africa

Reports & Research
June, 2005
Africa

Subtitled ‘an analysis of the tenure context and a problem statement for Leap.’ Comprises (i) context – current analyses of tenure, the South African context, tenure security and vulnerability; (ii) multiple tenure arrangements in South Africa – customary tenure arrangements, Registration of Deeds system, local and off register tenure arrangements in rural and urban areas, transitional tenure arrangements; (iii) problem statements – multiple tenure arrangements, vulnerability and tenure; (iv) points of departure for phase 4 – understanding, recognition and integration, vulnerability.

Titling Customary Land

Reports & Research
January, 2007
Africa

The Ugandan government is convinced that only by giving everyone titles to their land will people have security of tenure, and it is investing everything in pushing this through. However, this policy is based on ignorance about how customary tenure actually works, and on some dangerously false assumptions about what happens when ownership of land moves from one tenure system to another. Violence and conflict have already been the result. Looks at less conflictual options to achieve the same goals and ensure that rights are protected.

So Who Owns the Forest? An Investigation into Forest Ownership and Customary Land Rights in Liberia

Reports & Research
November, 2007
Liberia
Africa

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.

Rights to Resources in Crisis: Reviewing the Fate of Customary Tenure in Africa

Reports & Research
November, 2011
Africa

5 briefs analyse the roots of African land tenure systems, recent policy trends and the phenomenon of large scale land acquisitions. The briefs are: Customary Land Tenure in the Modern World; Putting 20th-Century Land Policies in Perspective; Land Reform in Africa: A Reappraisal; The Status of Customary Land Rights in Africa Today; The Global Land Rush: What this Means for Customary Land Rights.

Post Conflict Land Policy and Administration: Lessons from Return and Resettlement of IDPs in Soroti District: Implications for PRDP, National Land Policy, Land Act CAP 227 and NPIDPs 2005

Reports & Research
January, 2007
Africa

A second report for the World Bank’s Northern Uganda Recovery and Development Program – RDP. The objective is to inform policy processes on post-conflict land policy and administration on likely types of land conflicts and claims, their resolution, gaps in current land policy, resources needed. Survey suggests that Teso’s IDP displacement patterns are unique. Customary tenure has been transformed, with household heads now owners, not trustees, of rights in land, so clans are merely informed of sales. Common property resources are at greatest risk.

Land Tenure Policy and Practice in Botswana – Governance Lessons for Southern Africa

Reports & Research
March, 2003
Botswana
Africa

Like other countries in the region, Botswana inherited a dual system of statutory and customary tenure at independence. Despite the contrasting characteristics of these two systems, it has developed a robust land administration, which has greatly contributed to good governance and economic progress. Its land tenure policy has been described as one of careful change, responding to particular needs with specific tenure innovations. Botswana continues to adapt its land administration, based on customary rights and values, to a rapidly urbanising economy and expanding land market.