customary tenure

Reports & Research
June 2011

This rereviews the literature on decentralised land governance in Southern Africa, highlighting key issues and challenges of ‘land governance from below’. The case studies illuminate decentralised land governance practices and outcomes, as located in the social, legislative and institutional contexts of Botswana, Madagascar and Mozambique.

Zambia National Resettlement Policy
National Policies
October 2015

Government has been implementing the Land Resettlement Programme for over twenty four (24) years, focusing mainly on land resettlement for agricultural purposes without a comprehensive policy and legal framework. This has caused a number of challenges including lack of a coordination mechanism at higher level of Government in the implementation of the land resettlement programme, land disputes and low levels of infrastructure development and service provision in the resettlement schemes.

15 August 2017
United States of America

 

Guam’s indigenous people have endured centuries of hostilities

HAGATNA, Guam — The threatened missile attack by North Korea on Guam has prompted calls for peace from the island’s indigenous people, who are weary of yet another conflict after enduring centuries of hostilities.

About one-third of the U.S. territory’s 160,000 people identify as Chamorro, the indigenous group that is believed to have migrated to Guam from Indonesia and the Philippines an estimated 3,500 to 4,000 years ago. It is believed to be one of the world’s first seaward migrations.

Contestation
Reports & Research
December 2005

This paper explores the politics of ‘customary’ land tenure, land reform, and traditional leaders in Zambia. In Zambia, as elsewhere in Southern Africa, the government at the behest of donors has implemented market-based tenure reform legislation. This legislation aims to improve the security of land tenure and to promote development through investment. The paper shows how complex, indeterminate, and contentious this tenure reform has been on the ground – particularly in relation to the 94 per cent of Zambian land that is held in ‘customary’ tenure.

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.

Agric investments and local communities
Policy Papers & Briefs
April 2016

Key points:

Customary land reform
Reports & Research
December 2010

In the name of development, governments in southern Africa are reformulating land policies to facilitate privatisation of customary land rights. It is argued that this can stimulate land markets, (foreign) private investment, access to formal credit, and enhance security of tenure (by way of holding title), thereby leading to economic growth and poverty alleviation.