land tenure

Date of publication
January 2012
Geographical focus

This work aims to contribute to the debate on social conflicts generated by coastal development and the process of land tenure reform as a conflict resolution mechanism. We will present the case of the Territorios Costeros Comunitarios reform movement (TECOCOS) currently mobilized in Costa Rica and integrated by over 60 coastal communities. This reform movement initiated in reaction to a recent wave of planned evictions threatening specific coastal communities on the Pacific Coast of Costa Rica, following a decade of aggressive coastal tourism development.

The TECOCOS movement has produced two historic law projects that are currently in the Legislative Assembly of Costa Rica. Since the majority of the social conflicts on the coasts of Costa Rica find their roots in the legal and regulatory framework (which includes the coastal land tenure system) and tourism policies, this thesis will attempt to demonstrate how the legal and institutional arrangements as well as the international trends in the tourism industry have led to unsustainable coastal development triggering the creation of a unified front of coastal communities demanding for social change and the recognition of their economic, social and cultural rights.

Date of publication
January 2005
Geographical focus

This paper reviews, discusses and points issues relating to land tenure and their relevance to policy and legal reforms in Uganda. The fundamental argument on land tenure in the report is that pastoral production is determined by land use patterns which in turn determine whether the herders are mobile or not.

Date of publication
January 2012
Geographical focus

Investment in land is not conflict-neutral, and given the history of violent conflict and mutual destabilization in the Horn of Africa there is potential for localized political grievances to turn into wider regional conflict. There is significant foreign investment in land in Ethiopia by parties from Africa and further afield. This is primarily geared towards producing for the export market, and is often concentrated in regions with limited political influence. In South Sudan, much investment activity appears to be speculative, while Sudan has a long history of large-scale agricultural investment. The Ethiopian government appears to be using private capital (most noticeably foreign investment) as a means of generating revenue for the state from peripheral areas. Large-scale land investment should be seen as an extension of the historical processes of state formation. Access to accurate information about the extent and nature of large-scale foreign investment in Ethiopian, Sudanese and South Sudanese land is extremely limited. So broader narratives of ‘land-grabbing’ – seeing governments as unwitting victims or as predatory regimes – are a potentially misleading oversimplification in the Horn
of Africa, where local populations do not lack agency in this process.

Date of publication
January 2005
Geographical focus

The document provides a comprehensive study on past and current land management, including an overview of legislation on pasture access and management, and pratical examples of pasture management in practice.

Date of publication
January 2005
Geographical focus


This report contains an analysis of the existing legal, policy, and implementation framework related to land tenure and property rights reform in Uzbekistan. In particular, this report reviews the status of legislation and GOU policy impacting land rights, tenure security, and land reform including, where available, upcoming policy debates or legislation on land reform. The current land tenure structure in Uzbekistan is an inheritance from the Soviet land policy system that imposed collectivization and a planned economy, based heavily on cotton production and which did not provide for private ownership of land. In Uzbekistan, property ownership rights exist against attachments to land only, and not to the land itself. For the purposes of this report, land tenure is defined as the relationship (rights, restrictions) between people and land.


Date of publication
January 2009
Geographical focus


 



The dramatic changes that occurred in Kyrgyzstan’s agriculture during the transition from plan to market are perhaps best illustrated by the shifting role of agricultural enterprises and individual farms. In 1988, toward the end of the Soviet era, just 500 agricultural enterprises (collective and state farms) controlled 98% of arable land. The quasi-private sector consisting of hundreds of thousands of small household plots controlled the remaining 2% of arable land. Twenty years later, in 2008, the share of agricultural enterprises (about 1,200 privatized successors of collective and state farms) in arable land had gone down to 25%, while the share of the individual sector (the traditional household plots and some 300,000 peasant farms that have emerged since 1992) had increased to 75%.

Date of publication
January 2009

This paper studies the evolution of the land tenure institutions of Bulgaria, an Eastern European country in transition from a socialist centrally planned to a capitalist market economy. The focus is on the period 1839–1878 during which the country was still under Ottoman rule and on the period after liberation, 1878–1944. The major factors which determined the shape of these institutions and the mechanisms of transition between land tenure regimes are identified and analyzed by critically evaluating two theories of institutional change — the efficiency theory developed by Demsetz (1967) and the social conflict theory developed by Acemoglu, Johnson, and Robinson (2005). Consistent with the latter theory, the paper argues that political institutions and the distribution of resources determined the prevailing political balance which in turn determined the structure of land tenure institutions during those two periods. The process of institutional change during 1839–1878 was endogenous to the Ottoman Empire but exogenous to Bulgaria as the institutions of the latter were embedded into those of the former. The shift to the post-liberation land tenure regime (1878–1944) was an endogenous process but the initial source of prevailing political power was an external factor — the Russian occupation forces. The paper suggests that the social conflict theory be expanded to include the embeddedness factor and the role of external factors in the process of institutional change.

Date of publication
January 2010
Geographical focus

This Concept paper is in reality “a comprehensive road map” towards the realization of a National Spatial Plan. Its preparation is related to the country’s policy framework, the Kenya Vision 2030 and the National Land Policy and goes further to define National Spatial Plan; summarize the challenges that have
arisen due to lack of this plan and the benefits expected from its implementation. The concept elaborates the scope, methodology and an estimated budget for its preparation.
The aim of the Concept Paper is to:
· Define the general concept of Spatial Planning and specifically, National Spatial Planning.
· Demonstrate the role, relevance and application of the Spatial Plan in addressing National challenges and its contribution towards realization of Vision 2030.
· Define the scope and outline the methodology to be applied in preparation of the National Spatial Plan.
· Indicate resources requirements for the preparation of the National Spatial Plan and their probable sources.
· Define the strategic areas to be addressed by the plan and the expected outputs of the planning process.
· Determine the outputs of the planning process.

Participation, consultation and consensus are the hallmark of Spatial Planning. In this regard, the Concept Paper invites all stakeholders to think critically and constructively over the matters raised herein with the aim of adding value to Kenya’s first National Spatial Plan.

Date of publication
January 2011
Geographical focus

AN ACT of Parliament to give effect to Article 63 of the Constitution; to provide for the allocation, management and administration of community land;  to establish Community Land Boards, to define functions and powers of Community Land Boards;  to provide for the powers of County governments in relation to unregistered community land; and to make provision for incidental matters.

Date of publication
January 2011
Geographical focus

In Laikipia the key dynamics centre on absentee land, much of this being land that was divvied out to Kikuyu by Kenyatta after independence. Much of this land (particularly north of the 600mm rainfall band) is not viable for cultivation. However, it was used by the Kikuyu title-holders as collateral to acquire loans with the Agricultural Development Corporation and others. Maasai, Samburu and Pokot herders have been grazing this land since the 1970s. Now, former commercial ranch managers are setting up as brokers and are identifying the title holders of the absentee lands to convince them to consolidate their holdings and sell, as there is a new rush for land by foreign diplomats, aid workers, and even some Zimbabwean white farmers. The buyers of these consolidated plots are now fencing, which has created tensions understandably with the Maasai and other herders who have been using this land for a generation.

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