customary law

SLE_
Reports & Research
March 2017

Despite extensive research into rural development in sub-Saharan Africa, little is known about structural transformation1 in rural areas on the continent. Zambia was chosen as one of three case study countries2 in order to identify and to analyse rural transformation processes and their main influencing forces aiming at defining strategies and measures to influence such processes towards social inclusiveness and environmental sustainability until 2030.
Zambia shows a persisting copper-dependent mono-structure with selective transformation processes

The role of culture
Journal Articles & Books
October 2014

In their quest for economic development through increased private investment, many developing countries are reformulating land policies to pave way for the transformation of communal land rights into private property. However, these customary land reform efforts have often been frustrated by indigenous people who feel such proposals threaten rural livelihoods and undermine the traditional political structures. Most of the research on this subject has focused on whether, how and/or to what extent the objectives of land reforms (e.g.

Legal pluralism
Journal Articles & Books
February 2016

The purpose of the research is to: 1) investigate the interpretation of the sections in the Lands Act of 1995 that provide for the statutory recognition on one hand, and conversion of customary land, on the other; and 2) discuss the effects of the said sections on customary landholders. Methodologically, qualitative methods (largely in-depth interviews) were used to conclude that governments in sub-Sahara Africa are the architects of tenure insecurity because they (knowingly or otherwise) enact laws that are contradictory or conflicting in nature.

Reports & Research
October 2015

The past decade has ushered in an era of increasingly contentious land politics in Zambia, with investors, the government, and chiefs simultaneously blamed for injustices in land allocation. These conflicts over land have been exacerbated, and at times caused by the lack of transparency and available data on the status of land. While a variety of actors has real grievances with the security and efficiency of the current system of land allocation, smallholder farmers bear the brunt of the risk of continuing the status quo in land policy.

liberia agricultural landscape
3 August 2017
Liberia

Monrovia - The Civil Society Working Group on Land Rights Reforms has expressed its dismay over the exclusion of CSOs and Liberians from the legislative consultative forum over the Land Rights Act between the Liberian Land Authority (LLA), lawmakers and other stakeholders.

People's Law Journal No 1: Rural Land Justice
Reports & Research
March 2016

The first volume of the People's Law Journal was written by the Land and Accountability Research Centre (LARC) in the Faculty of Law at the Universityof Cape Town and edited and published by Ndifuna Ukwazi. The journal explores a wide range of relevant issues including land restitution, elite capture, traditional leadership, mining and the erosion of communal land rights in the post-apartheid era

The recognition of the customary land rights: lessons from the Province of Bié in Angola cover image
Conference Papers & Reports
July 2017

Effective recognition of customary land rights is still a challenge in Angola, as in many other African countries. Despite customary land rights of the traditional rural communities are expressly recognized in the 2004 National Land Law, very few communities in Angola have been able to register their land. In the Province of Bié, in Angola central highlands, only five customary collective land titles (called Dominio Util Consuetudinario) had been issued within the period 2004-2015.

28 July 2017
India

Land governance disputes dominate civil and criminal cases in India