Academic literature on the topic 'Communal land tenure systems'

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Journal articles on the topic "Communal land tenure systems"

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Sisay, Mulugeta Getu, Ashenafi Negash Zeleke, and Habtamu Hailemeskel Gulte. "Institutional Paradox and Tenure Insecurity in Ethiopian Pastoral Land Administration." Journal of Land and Rural Studies 6, no. 2 (May 1, 2018): 108–31. http://dx.doi.org/10.1177/2321024918766589.

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Laws governing pastoral communal lands are barely developed in Ethiopia. The Federal Constitution firmly recognizes uninterrupted land use right of pastoralists including for grazing. Federal land laws, however, mention pastoralists’ issues incidentally and are far from being comprehensive frameworks. This research is the review of pillars of federal and regional land laws, examination of their implementation, synergy between state and customary land administration system, and the implication of gaps in accessing land for different programmes in Ethiopian Afar and Somali regional states. The findings revealed that in the absence of any federal laws that effectively regulate communal lands uses, regional laws were found to be precarious, feeble and far from being comprehensive. Ironically, the regional laws offered more protection to crop fields than communal (pastoral) land. It is also shown that customary and state land administration systems that operate simultaneously in the areas lack synergy and created stalemate.
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Ingwani, Emaculate. "Struggles of Women to Access and Hold Landuse and Other Land Property Rights under the Customary Tenure System in Peri-Urban Communal Areas of Zimbabwe." Land 10, no. 6 (June 18, 2021): 649. http://dx.doi.org/10.3390/land10060649.

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The struggles of women to access and hold landuse and other land property rights under the customary tenure system in peri-urban communal areas is increasingly becoming a cause for concern. These debates are revealed using a case study of a peri-urban communal area called Domboshava in Zimbabwe. Women living in this peri-urban communal area struggle to access and hold landuse and other land property rights registered under their names. The aim of this paper is to present an analysis of the struggles faced by women to access and hold landuse and other land property rights in Domboshava. This paper is a product of a literature review on land property rights, land tenure systems, and peri-urbanity more generally. Field data was intermittently collected in the peri-urban communal area of Domboshava over a period of four years from 2011 to 2014, as well as through post-research social visits stretching to 2019. Thirty-two women were conveniently selected and interviewed. I applied Anthony Giddens’ structure-agency theory as a framework of analysis. The struggles to access and hold landuse and other land property rights by women are rooted in land transactions, social systems including the customary land tenure, patriarchy, as well as the peri-urban context of Domboshava. Responsible authorities on land administration in communal areas need to acknowledge the existence of new and invented ways of accessing and holding landuse and land property rights under the customary land tenure system, as well as to find ways to mobilize more opportunities for women on the peri-urban land market.
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Barrows, Richard, and Michael Roth. "Land Tenure and Investment in African Agriculture: Theory and Evidence." Journal of Modern African Studies 28, no. 2 (June 1990): 265–97. http://dx.doi.org/10.1017/s0022278x00054458.

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Economists using a narrowly defined neo-classical model have derived the hypothesis, often treated as an empirically demonstrated proposition, that traditional African systems of ‘communal’ land tenure are inefficient when land has scarcity value. By way of contrast, individualised tenure, typically defined as demarcation and registration of freehold title, is viewed as superior because owners are given incentives to use land most efficiently and thereby maximise agriculture's contribution to social well-being.
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Massay, Godfrey. "The struggles for land rights by rural women in sub-Saharan Africa." African Journal of Economic and Management Studies 11, no. 2 (December 12, 2019): 271–83. http://dx.doi.org/10.1108/ajems-03-2019-0120.

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Purpose The purpose of this paper is to provide examples of how rural women in Tanzania have addressed land rights challenges, showcasing three interventions implemented by Tanzanian Civil Society Organizations. It demonstrates that women have used both legal and traditional systems to negotiate and mediate their claims to land. Although the interventions featured have been greatly shaped by the work of civil society organizations, they have equally been influenced by rural women movements and individual rural women. The cases selected provide understanding of women’s land rights issues in both privately and communally held property/land. Design/methodology/approach This paper presents literature review of the existing secondary data on the subject coupled with the interviews. Findings Informal and formal approaches have been used by rural women to negotiate their claims on both communal and private lands. CSOs have equally shaped the approaches employed by rural women. Research limitations/implications This research was mainly based on the secondary data and few key interviews. There is a need to conduct further analysis of the issues. Practical implications This paper highlights the role of CSOs in improving the participation of women in decision-making bodies. The wave of large-scale land-based investments has caused insecurity of land tenure for women. The paper shows some ways to address the problem in communal lands. Social implications Socially, the papers shows the power relations involved in the struggles over land, as well as the role of traditional systems and bylaws in protecting the rights of women. Originality/value The paper provides dynamics of gendered approach used by women to negotiate their claims in communally held lands. It also highlights the role and space of local and international CSOs in shaping the local context of resistance on land rights. It is a very useful paper for academics and practitioners working on land rights.
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Alan Cox, Paul, and Thomas Elmqvist. "Ecocolonialism and indigenous knowledge systems: village controlled rainforest preserves in Samoa." Pacific Conservation Biology 1, no. 1 (1994): 6. http://dx.doi.org/10.1071/pc930006.

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Ecocolonialism, the imposition of European conservation paradigms and power structures on indigenous villagers, is incompatible with the principles of indigenous control of village rainforest preserves. Since 1988, four rainforest reserves in Western Samoa and one US National Park in American Samoa have been created on communal lands using the principles of indigenous control, preserving a total of 30 000 hectares of lowland rainforest and associated coral reef. The reserves in Western Samoa are owned, controlled, administered and managed by the villagers. While these reserves appear to be robust approaches to preserve establishment within the communal land tenure system of Samoa, the concept of indigenous control appears to conflict with ecocolonialist attitudes that disparage the traditional knowledge, culture, political systems, and integrity of indigenous peoples. We discuss problems that have occurred in the Samoan village preserves and offer suggestions for the establishment of future village-controlled preserves in other areas of the South Pacific.
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Du Plessis, Elmien. "African Indigenous Land Rights in a Private Ownership Paradigm." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 7 (June 9, 2017): 44. http://dx.doi.org/10.17159/1727-3781/2011/v14i7a2617.

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It is often stated that indigenous law confers no property rights in land. Okoth-Ogenda reconceptualised indigenous land rights by debunking the myth that indigenous land rights systems are necessarily "communal" in nature, that "ownership" is collective and that the community as an entity makes collective decisions about the access and use of land.[1] He offers a different understanding of indigenous land rights systems by looking at the social order of communities that create "reciprocal rights and obligations that this binds together, and vests power in the community members over land". To determine who will be granted access to or exercise control over land and the resources, one needs to look at these rights and obligations and the performances that arise from them. This will leave only two distinct questions: who may have access to the land (and what type of access)[2] and who may control and manage the land resources on behalf of those who have access to it?[3] There is a link with this reconceptualisation and the discourse of the commons. Ostrom's classification of goods leads to a definition of the commons (or common pool of resources) as "a class of resources for which exclusion is difficult and joint use involves subtractablity".[4] The questions this article wishes to answer are: would it firstly be possible to classify the indigenous land rights system as a commons, and secondly would it provide a useful analytical framework in which to solve the problem of securing land tenure in South Africa?[1] Okoth-Ogendo "Nature of Land Rights" 100.[2] See Ben Cousin's comments and examples in Cousins "Characterising 'Communal' Tenure" 122.[3] Okoth-Ogendo "Nature of Land Rights" 100.[4] Feeny et al 1990 Human Ecology 4.
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Zaim, Zaflis, and Imam Buchori. "Adaptation to the Climate Change Impact through Community Participation on Customary Land Use." Journal of Geoscience, Engineering, Environment, and Technology 4, no. 2 (June 30, 2019): 139. http://dx.doi.org/10.25299/jgeet.2019.4.2.2777.

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Climate Change and global warming have brought some policy to reduce the impacts by adaptation and mitigation strategies. One adaptation strategy is to increase land use size in agriculture area base on community participation. On the other hand, sustainable development needs cooperation mainly on common investment. The aim of the study is to identify the land utilization process, role model and level of participation on customary land. We use observation and deep interview method to analyze this study. The result shows that the customary land utilization process has realized through public deliberation with local Fig.s. The agriculture programs operated with Wanatani concept or agro-forestry by housewives where multi-level strategy is mutually beneficial. Around 30 housewives have been participating in producing agriculture products, i.e., coffee, milk candy, palm sugar, and ginger powder. The level of participation especially for female farmers at RW 01, which shows a percentage of 16.6%. Generally, community participation has encouraged the gotong-royong model while has to contribute in their time, tools and materials to develop the communal shed. In conclusion, the land tenure system has taken with sharing benefits between local government & farmers. The customary tenure has recognized as one of the tenure systems in Indonesia, especially on Adat land management.
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Senda, Trinity S., Lance W. Robinson, Charles K. K. Gachene, Geoffrey Kironchi, and Jaldesa Doyo. "An assessment of the implications of alternative scales of communal land tenure formalization in pastoral systems." Land Use Policy 94 (May 2020): 104535. http://dx.doi.org/10.1016/j.landusepol.2020.104535.

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Williams-Wynn, Christopher. "Applying the Fit-for-Purpose Land Administration Concept to South Africa." Land 10, no. 6 (June 5, 2021): 602. http://dx.doi.org/10.3390/land10060602.

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What potential will the fit-for-purpose land administration concept have of working in the Republic of South Africa? This question is asked against the existence of a high-quality cadastre covering most of the South African landmass. However, a large proportion of the people living in South Africa live outside of this secure land tenure system. Many citizens and immigrants reside on communal land, in informal settlements, in resettled communities, in off-register housing schemes, and as farm dwellers, labour tenants and other occupants of commercial farms. Reasonable estimates suggest that there are more than 5 million land occupations that exist outside the formal land tenure system and hence outside the formal land administration system. This paper looks at the current bifurcated system and considers how the application of the fit-for-purpose land administration system can expand the existing cadastral system and provide security of tenure that is beneficial and acceptable to all. It demonstrates that, not only could it work, but it is also considered to be necessary. This paper uses South Africa as a case study to demonstrate how adjustments to institutional, legal and spatial frameworks will develop a fully inclusive, sufficiently accurate land administration system that fits the purpose for which it is envisioned. These country-specific proposals may well be of international interest to assist with the formulation of fit-for-purpose land administration systems being developed in other countries.
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Dube, O. P. "Estimating Woody Plant Density from Aerial Photographs in Communal and Leasehold Land Tenure Systems in Northwest Botswana." Journal of Environmental Informatics 11, no. 2 (June 2008): 131–45. http://dx.doi.org/10.3808/jei.200800117.

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Dissertations / Theses on the topic "Communal land tenure systems"

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Danso, Antwi Adjei. "Design of a communal land tenure information system for Namibia." Master's thesis, University of Cape Town, 1999. http://hdl.handle.net/11427/16084.

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Bibliography: pages 77-83.
This thesis describes some of the communal land tenure systems pertaining to Namibia. Understandably, lands held under communal land tenure have tended to be neither fully documented nor legally and explicitly formalised; communal land tenure systems have been through the mercy of arbitrary action by the state, private individuals or other institutions (S.A Government, 1996: 43). The study attempts to examine the issues involved in the design of a communal land tenure information system for Namibia. It therefore seeks to examine the possibility of using information technology to plan and manage customarily held land, the requirement for an effective design and implementation of such a system and the method of designing such an information system to make room for continual improvement and the addition of finer detail. The research begins with an in-depth literature review of the communal land tenure systems in Namibia and a description of similar information systems. This is followed by the research methodology, which describes the technique used for collecting, analysing and presenting the results of the study. The needs analysis and the data structure contained in the atlas are outlined. The fundamental concepts of database design and the various steps taken by the author to design and construct the land tenure database model for the dissertation are also discussed. The pilot project is analysed, taking into account the capability of the system, its success in terms of a needs analysis, and the adequacy of the data. It specifically analyses the design in the light of social relationships, person or group interests and the spatial component of communal land tenure systems with respect to each area. In addition, it seeks to answer the question whether the tool fits the communal land tenure system, discusses the strengths and weaknesses of the overall system design and the implementation strategies. It is envisaged that, with the provision of the information system in union with its database, this will help to identify and document a communal land tenure system. For the rural dweller or farmer, this system will provide a pictorial image of what is really happening on the ground. The information system could later be upgraded and fully implemented, enabling individuals to effectively plan activities around the existing circumstances and conditions. The recommendation that came out from the study was that given the limited information available on communal land tenure systems, more effort should be spent to study and gather data on the system. It is strongly recommended, therefore, that research into conditions in the communal areas be regarded as a top pri01ity by the Government of Namibia. This could lead to a richer information base in the communal areas to be utilised to improve the lifestyle of the rural communities. Thus, the prototype project designed in this thesis should be implemented fully and later developed and incorporated into an information system which, in the past, has lacked communal land tenure input. The research could not touch on all the communal land tenure areas in Namibia. It is therefore advised that the rest should be investigated in more detail. The inheritance and conflict resolution mechanism which were not modelled effectively should also be reinvestigated.
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Smit, David. "Towards a tenure system for sustainable natural resource management for the communal and commonage land of the Leliefontein rural area, Namaqualand." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8792_1183462957.

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The aim of this research is firstly, to determine the impact of the current practiced tenure system in the Leliefontein Rural Area on the use of the natural resources and secondly, to devise and establish the most appropriate tenure system that will ensure the sustainable natural resource management on the communal and commonage land of the mentioned area. Quantitative questionnaires, review of relevant literature from documentation, research studies and reports were used to gather information and provide contextual insights. A wide spectrum from the Leliefontein Rural area specifically, Namaqualand in general and other semi-arid and communal areas in Southern Africa were covered with the gathering of the secondary data.

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Johnson, Ebrezia. "Communal land and tenure security: analysis of the South African Communal Land Rights Act 11 of 2004." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2165.

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Thesis (LLM (Private Law))--University of Stellenbosch, 2009.
ENGLISH ABSTRACT: In this thesis, the Communal Land Rights Act 11 0f 2004 is analysed in order to determine whether it can give effect to the constitutional mandate in terms of which it was promulgated, namely section 25(5), (6) and (9) of the Constitution. Land policy pertaining to land tenure reform is discussed to see how and to what extent it finds application in the Act. The time-consuming process pertaining to the registration of the community rules is investigated, and the implications where a community fails to adhere to this peremptory provision in the Act are explained. The thesis also analyses and discusses the functions of statutorily created institutions, like the land administration committee and the land rights boards, in the efficient management of land in rural areas. The aforementioned land administration committee is particularly problematic, since the Act provides that in cases where a recognised tribal authority exist, that institution “may” be considered as the land administration committee, subject to prescribed composition requirements as contained in the Act. The Traditional Leadership and Governance Framework Act will also be discussed since it intersects with the Communal Land Rights Act in this regard. The pending constitutional challenge which relates to this potentially problematic issue, will be discussed. The constitutional challenge of the Act by four communities’ is explored in order to indicate just how potentially problematic the institution of traditional leadership could be. vi This study also discusses and analyses the compromise contained in the Act, regarding the registration of the land title of a community and the registration of “new order rights” in the name of individuals. In this context the impact of this process on the efficacy on the current Deeds registration system is investigated. The Ministerial determination and its constitutional implications is yet another issue, examined in this study. All of these issues will have a negative impact on the implementation of the Communal Land Rights Act and especially on achieving tenure security.
AFRIKAANS OPSOMMING: In hierdie tesis word die Wet op Kommunale Grondregte 11 van 2004 geanaliseer om te bepaal of dit inderdaad voldoen aan die grondwetlike mandaat soos voorsien in art 25(5), (6) en (9) van die Grondwet. Die beleid van toepassing op grondbeheerhervorming word bespreek om te bepaal tot watter mate dit wel in die Wet aanwending vind. Die tydrowende prosedure van die registrasie van gemeenskapsreëls word ondersoek, asook die implikasies indien ‘n gemeenskap nie aan die voorskriftelike bepaling voldoen nie. Die tesis bespreek en evalueer ook die funksies van die twee instellings wat statutêr geskep is, naamlik grond administrasie komitees en grondregte rade. Die twee instellings is geskep met die doel om van hulp te wees in die effektiewe administrasie van grond in die kommunale areas. Dit is veral die grond administrasie komitee wat problematies is, omdat die Wet op Kommunale Grondregte bepaal dat waar ‘n gemeenskap ‘n erkende tradisionele owerheid het, hierdie owerheid beskou sal word as die grond administrasie komitee van daardie spesifieke gemeenskap. In hierdie konteks is ‘n bespreking van die Wet op Tradisionele Leierskap en Regeringsraamwerk, noodsaaklik. Die betwiste grondwetlike kwessie wat tot op hede nog onbeslis is wat hiermee verband hou, sal ook bespreek word. ‘n Kort uiteensetting word gedoen van die vier gemeenskappe wat die Wet op grondwetlik gronde aanveg om presies te probeer aantoon hoe problematies die instelling van tradisionele leierskap is. Hierdie studie bespreek en analiseer verder ook die kompromis wat getref is tussen registrasie van die titelakte in die naam van ‘n gemeenskap en die viii registrasie van sogenaamde “nuwe orde regte” in die naam van individue. Die impak van hierdie magdom registrasies op die bestaande registrasiesisteem word ook oorweeg. Die grondwetlikheid van die ministeriële besluitnemingsbevoegdheid word breedvoerig bespreek in hierdie studie. Al hierdie genoemde kwessies mag nadelige impak hê op die implementering van die Wet op Kommunale Grondregte en spesifiek ook op grondbeheerhervorming.
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Lethobeng, Pogiso Alfred Modise. "Statutory framework for land tenure reform in communal areas / Lethobeng, PAM." Thesis, North-West University, 2011. http://hdl.handle.net/10394/8103.

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Tenure reform in South Africa is regarded as necessary to sustain social and economic growth and stability, particularly in rural areas where there are high levels of poverty and inequality. In fostering political agendas, black people were systematically distanced from the land under apartheid. Therefore the democratic government’s efforts in redressing the imbalances and providing redress through the land restitution and redistribution programmes are very much dependent upon the success of the Land Tenure Reform Programme.1 This study will mainly concentrate on land tenure reform in communal areas. Customary land tenure has to be understood in the context of an extended family set–up, where it underpins the idea of social solidarity which gives rise to the “community land ethic”.2 Customary land tenure also reflects the subsistence economy, where land is either not exploited for commercial purposes at all or only to a limited extent.3 Normally, this land cannot be sold but it devolves in the family. A family is normally allotted residential and arable land and once allotted; the person acquires access to natural resources on the commonage. Although the person allotted land occupies it exclusive of the rights of others, he or she cannot be described as an owner in the western sense of the word, as he or she does not have the power to sell it. He or she, however, has the most extensive right in the law and may be regarded as “communal owner”.4 1 Mahomed Understanding Land Tenure Law 1–2. 2 Dlamini “Land ownership” 41. 3 Dlamini “Land ownership” 41. 4 Ratsialingwa and Another v Sibasa 1949 3 781 (A) 791–792. The Constitution plays a pivotal role in ensuring that people’s rights to access to land are protected. The Bill of Rights in the Constitution guarantees the right of everyone to have access to land and housing as well as security of tenure. Various laws were enacted to give effect to the guarantees of secure tenure in communal areas after 1991. As a person’s right to land in customary law may be terminated by the traditional leader in consultation with his council, the Interim Protection of Informal Land Rights Act5 (IPILRA) provides that people may not be deprive of an “informal right to land” without their consent except by expropriation. The Communal Land Rights Act6 (CLARA) was intended to give effect to section 25(6) and (9) of the Constitution. The aim of CLARA was to provide for legal security of tenure through a process of transferring the communal land to communities or persons, usually on land held for communities by designated community leaders. Secondary aims were to award comparable redress where such transfer was not practicable; the conduct of land inquiries to determine the transition from old order rights to new order rights; the democratic administration of communal land; the establishment of land rights boards; and co–operation of municipalities in respect in respect of communal land.7 The Green Paper8 proposes an improved trajectory for land reform which is supported by the following programmes and institutions: a recapitalisation and development programme; a single land tenure system with four tiers; a Land Management Commission; a Land Valuer–General and a Land Rights Management Board. The change agenda pursued in the Green Paper is that in order to create a new trajectory for land reform, a set of proposals are put forward which attempts to break from the past without significantly disrupting agricultural production and food security, and avoid redistributions that do not generate livelihoods, employment and incomes.
Thesis (LLM (Estate Law))--North-West University, Potchefstroom Campus, 2012.
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Metcalfe, Simon Christopher. "Communal land reform in Zambia: governance, livelihood and conservation." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1409_1242373575.

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Communal land tenure reform in Zambia is the overarching subject of study in this thesis. It is an important issue across southern Africa, raising questions of governance, livelihood security and conservation. WIldlife is a 'fugitive' and 'mobile' resource that traverses the spatially fixed tenure of communal lands, national parks and public forest reserves. The management of wildlife therefore requires that spatially defined proprietorial rights accommodate wildlife's temporal forage use. Land may bebounded in tenure, but if bounded by fences its utility as wildlife habitat is undermined. If land is unfenced, but its landholder cannot use wildlife then it is more a liability than an asset. Africa's terrestrial wildlife has enormous biodiversity value but its mobility requires management collaboration throughout its range, and the resolution of conflicting ecological and economic management scales. The paper does not aim to describe and explain the internal communal system of tenure over land and natural resources but rather how the communal system interacts with the state and the private sector.

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Soria, Dall’Orso Carlos Antonio Martín. "Understanding land tenure and the dimension of the territory: Land, territory, private property, public property and communal property." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118996.

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The author analyzes the land tenure and size of the territory and the different perspectives of understanding the property, starting with the western angle of private property, with the individualistic nuance, through public ownership with its nuance of State resources, and finally by the idea of communal property with the collectivist hue, whose ownership lies not with the individual, or the state, but on a group previously identified as culturally consolidated.
El autor realiza un análisis sobre la tenencia de la tierra y la dimensión del territorio, así como de las diferentes perspectivas de entender la propiedad, empezando por el ángulo occidental de la propiedad privada, con el matiz individualista, pasando por la propiedad pública con su matiz de recurso estatal, y, finalmente, por la idea de propiedad comunal con el matiz colectivista, cuya titularidad no recae sobre el individuo, o sobre el Estado, sino sobre un colectivo previamente identificado como culturalmente consolidado.
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Dore, Dale. "Land tenure and the economics of rural transformation : a study of strategies to relieve land pressure and poverty in the communal areas of Zimbabwe." Thesis, University of Oxford, 1993. http://catalog.hathitrust.org/api/volumes/oclc/53489072.html.

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Mahmood, Tahir. "Land tenure structure and farming systems in Northwest Pakistan." Kiel Vauk, 2008. http://d-nb.info/992284260/04.

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Ncube, Richmond. "Land Tenure Rights and Poverty Reduction in Mafela Resettlement Community (Matobo District, Zimbabwe)." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4825_1323161074.

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In this research, I present critical facts about Land Tenure Systems and Poverty Reduction processes in Mafela Resettlement community. I focus mainly on the Post-Fast Track Land Reform (2004 – 2011) period and the interactive processes in this new resettlement area. The research - premised on the rights approach - sought to explore land tenure rights systems and poverty reduction mechanisms seen by the Mafela community to be improving their livelihoods
it also sought to find out if there is evidence linking tenure rights to poverty reduction and how land tenure rights governance systems affect their livelihoods. Suffice to say in both the animal kingdom and human world, territorial space and integrity, its demarcation as well as how resources are used within the space, given the area - calls for a - defined system of rights by the residents themselves. Whilst it is true that there is no one story about Zimbabwe’s land reform (Scoones et al 2011), the contribution of this research towards insights emanating from the newly resettled farmers adds another invaluable contribution in the realm of rural development issues.
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Pritchard, Matthew. "Land, power and peace: Land tenure systems and the formalization agenda in Rwanda." Thesis, McGill University, 2011. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=96716.

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Land tenure and agricultural reform are essential components of postwar development. This is especially true in Rwanda, where eighty percent of the population depends on subsistence agriculture in a rural system plagued by declining production and increasing population pressure. Given these challenges, in 2005 the Government of Rwanda introduced an ambitious set of tenure and agriculture reforms designed to replace subsistence farmers with a highly commercialized and professional agricultural sector. While introduced as a 'pro-poor' policy, field data demonstrate that the Government has shifted away from tenure reform as a means to physically consolidate land, and is currently striving to realize economies of scale through mandatory crop specialization. Furthermore, data demonstrate that the Government's desire to consolidate land holdings through tenure and agricultural policies has decreased food and tenure security, restricted farmers' rights and undermined subsistence livelihoods. While decreasing production and increasing conflict over land validate the need to reorganize rural Rwanda, the goals of Government tenure policies, forceful implementation of large-scale changes, and continued marginalization of the most vulnerable groups present a significant challenge to rural reform, and undermine the state's long-term strategy for macro-economic growth.
La réforme du régime foncier et du secteur agricole sont des éléments essentiels du développement en situation d'après-guerre. Ceci est particulièrement vrai au Rwanda, où quatre-vingt pourcent de la population Rwandaise dépend de l'agriculture de subsistance dans un système rural envahi et débordé par une production déclinante et une grande croissance de population. Prenant compte de ces obstacles, en 2005 le Gouvernement Rwandais introduit une série ambitieuse de réformes foncières et agricoles, créés pour remplacer les fermiers de subsistance avec un secteur agricole hautement commercialisé et professionnel. Même si cette nouvelle politique a été introduite supposément «pour les pauvres », des résultats de recherche démontrent que le Gouvernement s'est éloigné de la réforme foncière comme moyen de consolider leurs propriétés, se déplaçant vers la création d'économies d'échelle en imposant des politiques de spécialisation d'espèces partout au Rwanda. De plus, les résultats de travail de terrain démontrent que le désire du Gouvernement de consolider leur territoire foncier à travers de telles politiques fait diminuer la sécurité alimentaire et foncière, limite les droits des fermiers, et décime les moyens de vies de subsistance des Rwandais. Même si une production qui diminue et un conflit de territoire foncier qui s'augmente fait valider la nécessité de réorganiser le Rwanda rural, les buts des politiques foncières du Gouvernement du Rwanda, l'implémentation d'énormes changements par force, et la marginalisation continue des groupes les plus vulnérables présente un grand défi à la réforme rurale, et présente un obstacle à la stratégie à long terme pour une croissance au niveau macro-économique.
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Books on the topic "Communal land tenure systems"

1

Bruce, John W. Legal bases for the management of forest resources as common property. Rome: Food and Agriculture Organization of the United Nations, 1999.

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2

Gulbrandsen, Ørnulf. Access to agricultural land & communal land management in eastern Botswana. Madison, Wis: Land Tenure Center, University of Wisconsin-Madison, 1985.

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Biesele, Megan. Land issues in Nyae Nyae: A communal areas example in Namibia. Windhoek, Namibia: NNDFN, 1991.

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Deutsche Gesellschaft für Internationale Zusammenarbeit. A decade of communal land reform in Namibia: Review and lessons learnt, with a focus on communal land rights registration. Windhoek: Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, 2014.

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A guide to the Communal Land Rights Bill 2002. Pretoria: Dept. of Land Affairs, 2002.

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Hoben, Allan. Resource tenure issues in Somalia. [Boston]: Boston University, African Studies Center, 1985.

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Lawrence, Damnyag, ed. Land tenure systems and land degradation in Ghana. Legon, Ghana: Institute of Statistical, Social & Economic Research, University of Ghana, 2008.

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Saussay, Christian De. Land tenure systems and forest policy. Rome: Food and Agriculture Organization of the United Nations, 1987.

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Murombedzi, James C. Communal land tenure and common property resource management: An evaluation of the potential for sustainable common property resource management in Zimbabwe's communal areas. Mount Pleasant, Harare: Centre for Applied Social Sciences, University of Zimbabwe, 1990.

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Bank, Asian Development, ed. Land and cultural survival: The communal land rights of indigenous peoples in Asia. Mandaluyong City, Metro Manila, Philippines: Asian Development Bank, 2009.

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Book chapters on the topic "Communal land tenure systems"

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Griffin, Keith. "Communal Land Tenure Systems and their Role in Rural Development." In Theory and Reality in Development, 165–91. London: Palgrave Macmillan UK, 1986. http://dx.doi.org/10.1007/978-1-349-18128-5_11.

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Griffin, Keith. "Communal Land Tenure Systems and Their Role in Rural Development." In World Hunger and the World Economy, 64–91. London: Palgrave Macmillan UK, 1987. http://dx.doi.org/10.1007/978-1-349-18739-3_3.

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Memea Kruse, Line-Noue. "Individually Owned Lands and Communal Land Tenure." In The Pacific Insular Case of American Sāmoa, 135–58. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-69971-4_7.

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Mujawamariya, Gaudiose, and Kees Burger. "Private Versus Communal Tenure Systems in Gum Arabic Collection." In Dryland Forests, 53–69. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-19405-9_3.

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Ni, Peng Fei, Banji Oyelaran-Oyeyinka, and Fei Chen. "Systems of Land and Security of Tenure." In Urban Innovation and Upgrading in China Shanty Towns, 67–83. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-662-43905-0_4.

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Kipnis, Renato. "Long-term Land Tenure Systems in Central Brazil." In Fundamental Issues in Archaeology, 181–230. Boston, MA: Springer US, 2002. http://dx.doi.org/10.1007/978-1-4615-0543-3_7.

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Ni, Pengfei. "Urban and Rural Land Tenure Systems in China: History and Future." In Research Series on the Chinese Dream and China’s Development Path, 105–16. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-13-0965-6_6.

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Akamani, Kofi. "Beyond Panaceas in Land Tenure Systems in Ghana: Insights from Resilience and Adaptive Governance of Social-Ecological Systems." In Advances in African Economic, Social and Political Development, 79–93. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-06022-4_6.

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Cottyn, Hanne. "The open-field system and the persistence of communal land systems: lessons from the Andes." In Comparative Rural History of the North Sea Area, 207–32. Turnhout: Brepols Publishers, 2018. http://dx.doi.org/10.1484/m.corn-eb.5.114274.

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Nsoh, Walters. "The Legal Status of Customary Land Tenure Systems and the Protection of Communal Property in Cameroon." In Legal Strategies for the Development and Protection of Communal Property, 102–26. British Academy, 2018. http://dx.doi.org/10.5871/bacad/9780197266380.003.0006.

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The ownership and utilisation of communal property are very much tied to the modern land tenure systems of most sub-Saharan African countries, which nevertheless still rely on the customary land tenure system to operate. But how exactly do the customary land tenure systems which remain operational in many parts of Africa fit into contemporary land ownership and use structures? Drawing on a broad interpretation of (African) customary land tenure and its elements, including its communal interest element, this chapter assesses the extent to which law and practice in Cameroon are developing and protecting communal property. Using developments in the protection of collective forest rights as an example, it demonstrates the continuous difficulty in reconciling Western land law principles on the ownership and use of communal property with customary land tenure systems in post-colonial sub-Saharan African societies, and the implications this may have for the wider rule of law in contemporary sub-Saharan Africa.
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Conference papers on the topic "Communal land tenure systems"

1

Dabara, Daniel, Augustina Chiwuzie, Olusegun Omotehinshe, and Kabir Lawal. "Land Tenure Systems and Agricultural Productivity in Gombe Nigeria." In 26th Annual European Real Estate Society Conference. European Real Estate Society, 2019. http://dx.doi.org/10.15396/eres2019_277.

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Reports on the topic "Communal land tenure systems"

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Laure, Ducos. Importance of the traditional land-use and land-tenure systems of Waraka, Seram Island, Maluku. Center for International Forestry Research (CIFOR), 2014. http://dx.doi.org/10.17528/cifor/005425.

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Msukwa, Chimwemwe, Jane Burt, and John Colvin. Good Governance in Malawi: Impact evaluation of the ‘Strengthening Land Governance System for Smallholder Farmers in Malawi’ project. Oxfam GB, March 2021. http://dx.doi.org/10.21201/2021.7345.

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The EU-funded ‘Strengthening Land Governance System for Smallholder Farmers in Malawi’ project was implemented from 2015 to 2020 by a consortium made up of Oxfam in Malawi, LANDNET (until 2018) and CEPA, with technical support from DAI. The objective was to pilot, test and recommend for scale-up improved gender-sensitive land governance systems. This Effectiveness Review evaluates the success of this project to achieve the following focal outcomes: (1) By 2019, laws have been enacted that are relevant to the registration and titling of customary estates and are ready for implementation and (2) By 2020, women and men in two or more of the target Group Village Headpersons (GVHs) in Phalombe, Kasungu and Rumphi districts have secure land tenure with supporting land governance structures. Using a process tracing approach, achievement of these focal outcomes and the consortium's contribution were assessed. Find out more by reading the full report now.
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