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Relevant bibliographies by topics / Land tenure (Customary law)

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Academic literature on the topic 'Land tenure (Customary law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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Journal articles on the topic "Land tenure (Customary law)"

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Ubink, Janine M. "Tenure Security: Wishful Policy Thinking or Reality? A Case from Peri-Urban Ghana." Journal of African Law 51, no. 2 (2007): 215–48. http://dx.doi.org/10.1017/s0021855307000307.

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AbstractMany areas in Africa facing land shortage and competition witness increasingly restricted and insecure access to land for the poor majority. Mounting evidence of reduced tenure security shows that customary systems are often unable to evolve equitably. In contrast with this crisis in customary land administration, current international land policy is witnessing renewed interest in customary tenure systems. Ghana's current land policy resonates with this international trend. This article focuses on peri-urban Kumasi, Ghana, to acquire an insight into struggles and negotiations over cust

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Pienaar, Gerrit. "The Methodology Used to Interpret Customary Land Tenure." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (2017): 152. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2506.

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Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure. Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary

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Ye, Ruiping. "Torrens and Customary Land Tenure: a Case Study of the Land Titles Registration Act 2008 of Samoa." Victoria University of Wellington Law Review 40, no. 4 (2009): 827. http://dx.doi.org/10.26686/vuwlr.v40i4.5249.

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This article describes the customary land tenure in Samoa, and analyses the effects of the introduction of a Torrens system of land registration on the customary land tenure. In particular, it examines the registration of adjudicated customary land (customary land in respect of which judgment has been made by the Land and Titles Court) under the Land Titles Registration Act 2008, as well as the combined effect of the Taking of Land Act 1964 and Torrens registration on customary land. It argues that the LTRA 2008 may be repugnant to the Constitution and that the Torrens system is incompatible w

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Wala, Gevan Naufal. "Existence of Customary Land According to the Basic Agrarian Law." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 2, no. 2 (2023): 1143–46. http://dx.doi.org/10.57235/aurelia.v2i2.596.

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Land tenure by indigenous peoples tends to be ignored. This situation occurs because government policies do not pay attention to developments in land tenure by indigenous peoples. In essence, customary law is law that is recognized for public purposes. Because of this, the state and government should provide protection for the rights of indigenous peoples which are included in the state constitution. This is also stated in Law Number 5 of 1960 concerning Basic Agrarian Regulations. Traditionally owned land or called ulayat land, in essence according to custom is land that cannot be contested a

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Nwobi, J. C., and M. A. Alabi. "Access to Land and Legal Security of Tenure: Implications and Impact on Rural Development in Abia State, Nigeria." Journal of Physical Science and Environmental Studies 7, no. 2 (2021): 15–21. http://dx.doi.org/10.36630/jpses_21004.

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In the rural and communal settings, land rights are culturally attached to indigenous peoples in Nigeria, especially the inhabitants of the southern part of the country. Culturally, the customary land tenure system has generic value and security in such ways that it could be transferred from one owner to owner without restrictions. Security of land tenure is a vital ingredient that enhances the transferability of greater altitudes of investment. The study adopted a random sampling method and selected 1,061 house-owners and administered a set of structured questionnaires that contained question

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Wijaya, I. Ketut Kasta Arya, I. Made Suwitra, Ni Made Jaya Senastri, T. Nazarrudin, and Sulaiman. "Patterns of Indigenous Land Tenure and Utilization: Comparison of Customary Law in Balinese and Acehnese People." Asian Research Journal of Arts & Social Sciences 22, no. 3 (2024): 41–49. http://dx.doi.org/10.9734/arjass/2024/v22i3521.

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Aim: This study examines and analyzes changes in patterns of tenure and utilization of customary land in line with changes and developments in society in the era of globalization and tourism industry both in Bali and in Aceh. There were lands that were originally customary lands. Customary. Some have changed their function while others are still functioning as customary lands. The purpose of this study is to analyze the causes of changes in patterns of tenure and utilization of customary lands in the Indigenous Peoples of Bali and Aceh. Before the change in orientation related to the use of cu

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Ng'ong'ola, Clement. "Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure." Journal of African Law 36, no. 2 (1992): 140–67. http://dx.doi.org/10.1017/s0021855300009864.

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In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with co

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Farran, Sue. "South Pacific Land Law: Some Regional Challenges, Cases and Developments." Victoria University of Wellington Law Review 32, no. 4 (2001): 953. http://dx.doi.org/10.26686/vuwlr.v32i4.5864.

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Land in the South Pacific is largely regulated by introduced English Common Law. However, the vast bulk of the land in the region is held under different forms of customary land tenure, and the perceptions of land and its use are distinctly regional. In this article, the author considers how the Common Law has been adapted in the region to accommodate and reflect customary law and practice. Selected cases from the region are used to highlight the difficulties that the courts face in blending Common Law principles with customary practice and accommodating changing uses of land that challenge tr

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Nasir, Gamal Abdul, and Ade Saptomo. "Customary Land Tenure Values in Nagari Kayu Tanam, West Sumatra." Cosmopolitan Civil Societies: An Interdisciplinary Journal 14, no. 3 (2022): 30–45. http://dx.doi.org/10.5130/ccs.v14.i3.8099.

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The transfer of rights or transactions does not exist in customary land tenure because it is a common property; thus, it can never be transferred to another party. On the other hand, in the Minangkabau indigenous community, West Sumatra, there is a shift in the concept of ulayat land tenure that occurs through two forms of change with six values: religious-magical, self-existence, socio-kinship, cultures and customs, structural and socio-economic asset values. This research will present the concept of the customary land tenure, which is based on these values. The study uses the socio-legal met

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Dewees, Peter A. "Trees and farm boundaries: farm forestry, land tenure and reform in Kenya." Africa 65, no. 2 (1995): 217–35. http://dx.doi.org/10.2307/1161191.

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Tree cultivation and management are a common form of land use in high-potential areas of Kenya. While some of these practices are related to economic considerations, such as markets and prices for specific tree products, others were derived from or developed in parallel with customary practices. This article traces the origins of contemporary demarcation practices in Kikuyu areas of Kenya, involving the planting of trees in hedges and windrows, from their customary antecedents. Customary law prescribed clear mechanisms for demarcating land to which rights of use had been acquired. These mechan

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Dissertations / Theses on the topic "Land tenure (Customary law)"

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Ubink, Janine M. "In the land of the chiefs customary law, land conflicts, and the role of the state in peri-urban Ghana /." [Leiden] : Leiden University Press, 2008. http://site.ebrary.com/lib/librarytitles/Doc?id=10302637.

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Moyo, Kerbina. "Women's Access to Land in Tanzania : The Case of the Makete District." Doctoral thesis, KTH, Fastighetsvetenskap, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-202913.

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Access to land is crucial for combating discrimination. Women who are denied such access tend to be disadvantaged, a pattern that results in economic powerlessness. Tanzana is among the most undeveloped nations in the world, where gender inequalities with respect to accessing land are central problems. This study consequently aims at investigating women's access to land through customary land tenure in the Makete district in Tanzania. A case study strategy was adopted to address the research problem, whereby interviews, focus group discussions and documentary reviews were the main data collect

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Goodwin, David Pell, and n/a. "Belonging knows no boundaries : persisting land tenure custom for Shona, Ndebele and Ngai Tahu." University of Otago. Department of Surveying, 2008. http://adt.otago.ac.nz./public/adt-NZDU20080807.151921.

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Aspects of customary land tenure may survive even where formal rules in a society supersede custom. This thesis is about persisting custom for Maori Freehold land (MFL) in New Zealand, and the Communal Areas (CAs) of Zimbabwe. Three questions are addressed: what unwritten land tenure custom still persists for Ngai Tahu, Shona and Ndebele, what key historical processes and events in New Zealand and Zimbabwe shaped the relationship between people and land into the form it displays today, and how do we explain differences between surviving customary tenure practices in the two countries? The rese

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Seuane, Sonia Marisa James. "Finding new coping mechanisms: the impact of HIV and AIDS on women's access to land in Mozambique." Thesis, University of the Western Cape, 2008. http://hdl.handle.net/11394/2767.

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Masters of Art<br>In this full thesis, I explore the impact that HIV and AIDS pandemic is having in the livelihood strategies of rural women in Mozambique. My intention in this work is to highlight the navigation of Mozambican women through this harsh era. I establish a discussion about land as major asset in a poor and mainly agricultural country like Mozambique. And the fact that many scholars and policy makers are concerned about the escalating number of young widows that have had their land and other assets expropriated after the deaths of their husbands, mainly due to the HIV and AIDS pan

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Strack, Michael S., and n/a. "Rebel rivers : an investigation into the river rights of indigenous people of Canada and New Zealand." University of Otago. School of Surveying, 2008. http://adt.otago.ac.nz./public/adt-NZDU20081217.163025.

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In Canada and New Zealand there are increasing calls for recognition of aboriginal rights which previously were ignored or denied because of the application of English law to concepts of property rights and ownership. English legal principles are vitally important in Canadian and New Zealand society, but there has always been room for local adaptations which could have recognised the existing practices and rights of the indigenous peoples. The English law makes various assumptions about ownership of rivers, dividing them into bed, banks and water, and applying various tests of adjoining occu

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Fonmanu, Keresi Rokomasi. "Dispute resolution for customary lands in Fiji /." Connect to thesis, 1999. http://eprints.unimelb.edu.au/archive/00001051.

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Ng'ombe, Austine. "Modernisation of land tenure in Zambia : focus on the privatisation of customary land rights." Thesis, Oxford Brookes University, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543812.

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Yusof, N. M. Z. B. H. N. "Land tenure and land law reforms in peninsular Malaya." Thesis, University of Kent, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.234468.

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Chanza-Chonde, Charity. "The changing dynamics of customary land tenure system in Community-Based Rural Land Development Project in Malawi." Thesis, University of Reading, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.553123.

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This study was carried out to investigate the influence of the new national land policy on the customary tenure system and assess changes in the socio-cultural and economic conditions of matrilineal social system in the Community Based Rural Land Development Project (CBRLDP) in southern Malawi. Specifically it assessed what the new Malawi's land policy stipulates and what is actually practised on the ground regarding inheritance and intra-household resource allocation; identified whether land ownership security influenced household head's incentives to undertake long- term investment on land i

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Van, Waveren E. J. "Land resource distribution under customary tenure in Swaziland : a geographic analysis with special attention to semi-arid land." Thesis, University of the West of England, Bristol, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.274679.

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This study aims to contribute to a better understanding of the indigenous management of geographically diverse small-scale agricultural production environments in Africa by investigating the effects of customary land allocation on the use of the land and sustainable agricultural development in Swaziland. This study addresses two questions: (a) to what extent has the heterogeneity of the natural environment been considered in the allocation of land for agricultural purposes; and (b) what are the implications of the existing land allocation system and current land allocation pattern on the devel

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Books on the topic "Land tenure (Customary law)"

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Fekumo, J. Finine. Principles of Nigerian customary land law. F & F Publishers, 2002.

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Woodman, Gordon R. Customary land law in the Ghanaian courts. Ghana Universities Press, 1996.

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Ndukwe, Ogba U. Comparative analysis of Nigerian customary land law. University of Calabar Press, 1999.

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Lennox, Agbosu, and University of Ghana. Institute of Statistical, Social, and Economic Research., eds. Customary and statutory land tenure, and land policy in Ghana. Institute of Statistical, Social & Economic Research, University of Ghana, Legon, 2007.

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Prill-Brett, June. Ibaloy customary law on land resources. Cordillera Studies Center, University of the Philippines College Baguio, 1992.

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Secher, Ulla. Aboriginal customary law: A source of common law title to land. Hart, 2014.

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Rose, Laurel L. Customary land dispute management in Swaziland. Research and Planning Division, Ministry of Agriculture and Cooperatives, 1987.

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Nori, Andrew G. H. National summit: Customary land recording : underlying issues. A.G.H. Nori, 1998.

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Pole, Atanraoi, Crocombe R. G, South Pacific Commission, University of the South Pacific. Institute of Pacific Studies., and South Pacific Conference (34th : 1994 : Vanuatu), eds. Customary land tenure and sustainable development: Complementarity or conflict?. South Pacific Commission, 1995.

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Power, Tony. Customary land tenure and decentralisation in Papua New Guinea. T. Power, 2011.

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Book chapters on the topic "Land tenure (Customary law)"

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Farran, Sue. "Legislating for customary land tenure." In Comparative Law. Routledge, 2019. http://dx.doi.org/10.4324/9780429423246-3.

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Wily, Liz Alden. "Transforming legal status of customary land rights: what this means for women and men in rural Africa." In Land governance and gender: the tenure-gender nexus in land management and land policy. CABI, 2021. http://dx.doi.org/10.1079/9781789247664.0014.

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Abstract This chapter provides an overview of land tenure reform, which should, in theory, prove a potent trigger towards equitable land relations between men and women in the customary land sector. This has been progressively underway in Africa since the 1990s. Broadly, a common objective is to release customary rights from their historical subordination as occupancy and use rights on presumed unowned lands, and much of which land remains vests in governments as ownercustodians. Or, where national laws have treated customary rights more equitably, a principal aim of reforms is to increase their security by these rights to be registrable without their extinction and conversion into statutory private rights. In short, this new phase of African land reform could signal the end of 70 years of intended disappearance of customary tenure as formally advised by the East African Royal Commission in 1955 and core elements of which were also adopted by France in respect of its own African possessions.

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Sait, M. Siraj, and M. Adil Sait. "The paradox of Islamic land governance and gender equality." In Land governance and gender: the tenure-gender nexus in land management and land policy. CABI, 2021. http://dx.doi.org/10.1079/9781789247664.0013.

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Abstract The curious case of Islamic land perspectives in the context of African countries highlights the prospects and tensions in acknowledging distinctive Islamic land occurrences as part of the Islamic land governance or more broadly hybrid land governance regimes. Muslim customary land norms recall its history and context to produce land systems that appear more effective on the ground. These sociohistorical patterns mapping faithbased tenure contribute to additional types of land and property rights regimes that potentially increase access to land for women and marginalized groups. Examples from Kenya and Tanzania to Nigeria, Senegal and Somalia highlight that Islamic land perspectives cannot be seen as either homogeneous or existing in a vacuum. Shaped in various forms by customary practices, classical Islamic law, as well as colonial-era policies, Islamic land perspectives highlight the need for appropriate land governance. The paradox of 'Islamic' land governance is that while Islamic law has often been invisible and sometimes dismissed, it is an additional useful lens in rethinking the role of faith in land governance. The compelling and volatile relationship between Islamic land practices and governance query whether Islamic tenures need religious informed land governance to be effective.

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Robinson, Brian E., and Moustapha Diop. "Who Defines Land Tenure Security? De Jure and De Facto Institutions." In Land Tenure Security and Sustainable Development. Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-81881-4_3.

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AbstractMany land tenure situations are not necessarily defined and adjudicated by governments, that is, at a statutory level. In some cases, these may be defined by a local community and be upheld and resolved locally. This chapter reviews how de jure land rights (those defined by law) and de facto land rights (the “on the ground” and sometimes implicit rights or management activities, sometimes referred to as customary or traditional rights) differ. We examine how land tenure insecurity can plague both these cases and argue that making de jure and de facto situations congruent is necessary for a path toward a more sustainable future.

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Chigbu, Uchendu Eugene. "Land governance and gender for a tenure-responsive future." In Land governance and gender: the tenure-gender nexus in land management and land policy. CABI, 2021. http://dx.doi.org/10.1079/9781789247664.0019.

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Abstract The application of land governance and gender at the local everyday level in countries around the world should mean making concrete changes in the tenure gender nexus in land management and land policy governance. This means that achieving sustainability by using land governance to enable gender equality in land management and land requires recognizing that women and gender diverse people are not in the same take-off position as men in land access and security of land tenure. Collectively, the chapters in this book point to the need to rethink theory and practice of land governance and gender, aligning the tenure gender nexus in land management and land policy to respond to the needs of people in their societies. On this basis, this book has generated academic and practical knowledge in various areas that are essential for achieving success, including: access to land; gender-based structural inequality; governance of land and natural resources in an era of instability; community-based tenureresponsive planning; tenure-responsive zoning regulations for gender equality; changing customary tenure and laws; balanced rural and urban development; Islamic land governance and gender equality; and pandemic liveability and reverse migration. The book raises awareness of some of these issues and stimulates new research from across disciplines and sectors.

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Yannakakis, Yanna. "Ñudzahui Custom, Contracts, and Common Lands in Eighteenth-Century Oaxaca." In Living with Nature, Cherishing Language. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-38739-5_4.

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AbstractIndigenous communities in colonial Spanish America used imperial law to preserve, create, defend, and expand their landholding. This chapter analyzes Indigenous claims to customary land tenure and possession in response to a Spanish imperial program of land titling known as the composiciones de tierras and other challenges to communal territory in the Ñudzahui (Mixtec) region of Oaxaca. The land titling program dovetailed with the expansion of the livestock economy, population growth, and an increase in tribute and taxes during the late seventeenth and eighteenth centuries. In a context of increasing scarcity and pressure to normalize landholding, many Native communities went to court with competing claims to land. But Indigenous pueblos also came together to create plural ownership that allowed them to pool resources and share territorial jurisdiction. Through partnership contracts—the Spanish notarial form in which plural ownership was legally instantiated—Native authorities preserved or extended the territorial expanses of their communities, challenged or whittled away at the property of powerful Native elites (caciques), and transformed customary claims into new legal rights with an eye to securing the territorial integrity of their communities for the future.

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Sauls, Laura Aileen, Fernando Galeana, and Steven Lawry. "Indigenous and Customary Land Tenure Security: History, Trends, and Challenges in the Latin American Context." In Land Tenure Security and Sustainable Development. Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-81881-4_4.

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AbstractThis chapter explores Indigenous and customary tenure regimes, considering the differing historical trends in the statutory recognition of customary tenure arrangements. Indigenous and customary land tenure regimes are dynamic, responding to changes in local-to-global socio-ecological conditions and political and market influences, as well as context-specific and based on historic socio-environmental relations. Despite trends toward legal recognition, a disconnect remains between titling or recognition and the security of these regimes. After defining Indigenous and customary land tenure regimes, we discuss their evolution from colonial encounters through the post-colonial era, on to trends in customary tenure recognition today. Finally, drawing primarily on evidence from Latin America, we explore how tenure insecurity of Indigenous and customary lands remains a significant challenge to realizing sustainable development across diverse landscapes.

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Lawry, Steven, Rebecca McLain, Margaret Rugadya, Gina Alvarado, and Tasha Heidenrich. "Contemporary interventions to reform African customary tenure." In Land Tenure Reform in Sub-Saharan Africa. Routledge, 2023. http://dx.doi.org/10.4324/9781003365679-1.

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Cowan, David, Lorna Fox O’Mahony, and Neil Cobb. "Tenure and Estates." In Great Debates in Land Law. Macmillan Education UK, 2016. http://dx.doi.org/10.1007/978-1-137-48166-5_2.

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Elias, T. Olawale. "Indigenous Systems of Tenure." In Nigerian Land Law and Custom. Routledge, 2024. http://dx.doi.org/10.4324/9781003514138-5.

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Conference papers on the topic "Land tenure (Customary law)"

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Magfira, Amalia, Suyitno Suyitno, and Raheni Suhita. "The Moral Values of The Bima Community in The Bima Land Customary Law (Hukum Adat Tanah Bima/HATB)." In Proceedings of the 3rd International Conference Entitled Language, Literary, And Cultural Studies, ICON LATERALS 2022, 05–06 November 2022, Malang, Indonesia. EAI, 2023. http://dx.doi.org/10.4108/eai.5-11-2022.2329469.

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Fitri, Ria, Muhammad Yamin, Ilyas Ismail, and Adwani. "The Influence of Post Tsunami Aceh Aid Agencies on the Participation of People in Banda Aceh Toward the Arrangement of Land Tenure and Its Use." In International Conference on Law, Governance and Islamic Society (ICOLGIS 2019). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200306.222.

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Topaloğlu, Mustafa. "An Evaluation of Turkish and Kazakh Mining Laws from the Perspective of Sustainable Development Principles." In International Conference on Eurasian Economies. Eurasian Economists Association, 2012. http://dx.doi.org/10.36880/c03.00547.

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Some initiatives were established at international level in order to attain sustainable development in the mining sector, which is being discussed worldwide starting 1980s. The concept of sustainable development is defined as a development that meets the needs of the present without compromising the future generation’s ability to meet their own needs. The law of sustainable development is a cross-sectored system of legal thinking that was evaluated by the national and international economic law, environmental law and human rights law. In the reforms of mining law, which have been realized afte

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Reports on the topic "Land tenure (Customary law)"

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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, 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)

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L., Durey, and Mwangi E. Land-use planning in the Moluccas: What of customary tenure security? Center for International Forestry Research (CIFOR), 2014. http://dx.doi.org/10.17528/cifor/004872.

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Troell, Jessica, and Stephanie Keene. Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus. International Water Management Institute (IWMI), 2022. http://dx.doi.org/10.5337/2022.215.

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Silverman, Allison. Using International Law to Advance Women’s Tenure Rights in REDD+. Rights and Resources Initiative, 2015. http://dx.doi.org/10.53892/uyna2326.

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Reducing Emissions from Deforestation and Forest Degradation (REDD+) is an international initiative to mitigate climate change in the forest sector. It is intended to incentivize developing countries to reduce greenhouse gas emissions from deforestation and forest degradation, as well as promote sustainable management of forests, and conservation and enhancement of forest carbon stocks. REDD+ has significant implications for land and resource rights, and raises particular concerns for women. These concerns arise from discrimination that women already face in resource management processes, larg

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J., Clerc. Unpacking tenure security: Development of a conceptual framework and application to the case of oil palm expansion on customary land in Kapuas Hulu district, West Kalimantan, Indonesia. Center for International Forestry Research (CIFOR), 2012. http://dx.doi.org/10.17528/cifor/004012.

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Poelina, Anne, J. Alexander, N. Samnakay, and I. Perdrisat. A Conservation and Management Plan for the National Heritage Listed Fitzroy River Catchment Estate (No. 1). Edited by A. Hayes and K. S. Taylor. Martuwarra Fitzroy River Council; Nulungu Research Institute, The University of Notre Dame Australia., 2020. http://dx.doi.org/10.32613/nrp/2020.4.

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The Martuwarra Fitzroy River Council (Martuwarra Council) has prepared this document to engage widely and to articulate its ambitions and obligations to First Law, customary law and their guardianship authority and fiduciary duty to protect the Martuwarra’s natural and cultural heritage. This document outlines a strategic approach to Heritage Conservation and Management Planning, communicating to a wide audience, the planning principles, key initiatives, and aspirations of the Martuwarra Traditional Owners to protect their culture, identity and deep connection to living waters and land. Finer

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The Opportunity Framework 2020: Identifying Opportunities to Invest in Securing Collective Tenure Rights in the Forest Areas of Low- and Middle-Income Countries. Rights and Resources Initiative, 2020. http://dx.doi.org/10.53892/rhaa9312.

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Indigenous Peoples, local communities, and Afro-Descendant Peoples (IP, LC & ADP) — roughly 2.5 billion people — customarily manage over 50% of the global land mass, but governments currently recognize their legal ownership to just 10% (RRI, 2015). Fortunately, there has been progress in addressing this historic injustice in recent years as governments have begun to pass legislation and achieve court decisions to recognize the historic and customary use and ownership of these lands. A recent stock-taking finds that since 2002, at least 14 additional countries have passed legislation that r

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UNDER THE COVER OF COVID: New Laws in Asia Favor Business at the Cost of Indigenous Peoples’ and Local Communities’ Land and Territorial Rights. Rights and Resources Initiative, 2020. http://dx.doi.org/10.53892/ucyl6747.

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This brief discusses legislative developments during COVID-19 in India, Indonesia, and the Philippines that undermine sustainable human-environment interactions and IPs’ and LCs’ broader enjoyment of their rights over their customary territories. While India, Indonesia and the Philippines have yet to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169) (ILO 169), all three countries have ratified the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Each of these countries has also promoted national-level tenure reforms over lands and forests, though their

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Who Owns the World's Land? A global baseline of formally recognized indigenous and community land rights. Rights and Resources Initiative, 2015. http://dx.doi.org/10.53892/nxfo7501.

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The first analysis to quantify the amount of land formally recognized by national governments as owned or controlled by Indigenous Peoples and local communities around the world. Ownership of the world’s rural lands and natural resources is a major source of contestation around the globe, affecting prospects for rural economic development, human rights and dignity, cultural survival, environmental conservation, and efforts to combat climate change. Communities are estimated to hold as much as 65 percent of the world’s land area through customary, community-based tenure systems. However, nation

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Who Owns the Land in Africa? Formal recognition of community-based land rights in Sub-Saharan Africa. Rights and Resources Initiative, 2015. http://dx.doi.org/10.53892/wlvi2246.

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The question of who owns the world’s lands and natural resources is a major source of contestation around the globe, affecting prospects for rural economic development, human rights and dignity, cultural survival, political stability, conservation of the environment, and efforts to combat climate change. To inform advocacy and action on community land rights, RRI has published Who Owns the World’s Land? A global baseline of formally recognized indigenous & community land rights (“the global baseline”), which identifies the amount of land national governments have formally recognized as own

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