Access to Land & Tenure Security

Land tenure is the relationship, whether legally or customarily defined, among people, as individuals or groups, with respect to land. (For convenience, "land" is used here to include other natural resources such as water and trees.) Land tenure is an institution, i.e., rules invented by societies to regulate behaviour. Rules of tenure define how property rights to land are to be allocated within societies. They define how access is granted to rights to use, control, and transfer land, as well as associated responsibilities and restraints. In simple terms, land tenure systems determine who can use what resources for how long, and under what conditions.

Land tenure is an important part of social, political and economic structures. It is multi-dimensional, bringing into play social, technical, economic, institutional, legal and political aspects that are often ignored but must be taken into account. Land tenure relationships may be well-defined and enforceable in a formal court of law or through customary structures in a community. Alternatively, they may be relatively poorly defined with ambiguities open to exploitation.

Source: GLTN

 

18 October 2017
Global

The International day of Rural Women, which we celebrate today, is an annual event to recognise the role women play in agriculture and rural development.

In Kenya where the foundation of most communities is agriculture and livestock production, women contribute up to 80 per cent of workforce yet they only hold 1 per cent of registered land in their names and around 5-6 per cent of registered titles are held in joint names (Kenya Land Alliance, 2013).

18 October 2017
Australia

The pioneers of the Aboriginal land rights movement in the Kimberley are working off a faded photograph to try to identify people who took part in the Noonkanbah land rights protests, which galvanised Indigenous resistance in the region almost 40 years ago.

The iconic image was taken in 1978 and shows dozens of Aboriginal people marching across the dusty paddocks of Noonkanbah Station, in protest against plans by American company AMEX to drill for oil near sacred sites.

Africa

By Frank Pichel, Interim CEO & Chief Programs Officer, Cadasta Foundation

Across the continent, insecure rights to land are robbing millions of financial stability and long-term prosperity. While new technology is giving people the tools to define what’s theirs, governments must recognize that certainty of ownership is a prerequisite of sustainable development.

Salme Village beside the Solu River, on the right is the newly built bridge over the river. It is located in Nuwakot District, Nepal. Asian Development Bank.
Global

By Andy White, Coordinator of the Rights and Resources Initiative

Manuals & Guidelines
June 2010
South Africa

[XHOSA} Umhlaba wesisa kamasipala lusiphathela ithuba elilodwa lophuhliso lwamaphandle nohlaziyo kwezemihlaba nezolimo. Umthetho usixelela ukuba umhlaba wesisa kamasipala kufuneka ube negalelo kuhlaziyo kwezemihlaba apho uthi wenziwe ufumaneke ukuze usetyenziselwe ulimo ngabo babesakuya bengavumelekanga kwixa langaphambili ukuba

bafumane imihlaba yeziza zikamasipala. Abahlali basezidolophini abahluphekileyo nabanqwenela

ukuzibandakanya kwiinkuthalo zolimo kufuneka ngoko bacebe ukwenza amabango okufumana umhlaba wesisa kamasipala.

[ENG] 

Manuals & Guidelines
June 2010
South Africa

[AFR] Munisipale meentgrond skep ’n unieke geleentheid vir landelike ontwikkeling en grond- en agrariese hervorming. Wetgewing bepaal dat munisipale meentgrond moet bydra tot grondhervorming. Meente moet beskikbaar gemaak word vir landboudoeleindes vir diegene wat voorheen toegang tot die soort grond ontsê is. Arm dorpsinwoners wat wil deelneem aan landbou, moet saamspan om toegang tot munisipale meentgrond op te eis.

Manuals & Guidelines
June 2010
South Africa

Municipal commonage, used as a common resource for communities, poses a unique opportunity for rural development and land and agrarian reform. The law says that municipal commonage must be used to contribute towards land reform. It must be made available for agricultural purposes to those who were previously excluded from accessing commonages.

Poor town residents who want to engage in agricultural activities must therefore organise to demand access to municipal commonage. This booklet will help you to understand the law, access commonage and use commonage. 

National Policies
March 2015
Uganda

The Uganda National Land Policy (NLP) Implementation Action Plan is a deliberate resolution by the Government of Uganda to address major challenges that have hindered the implementation of land reforms, thereby impeding the optimal utilisation of land for socio-economic development and transformation. Although successive post-independence governments have made numerous efforts to streamline land governance and reconfigure the role of land in national development, the majority of these efforts have failed to address underlying issues and have thus remained unimplemented to date.

Protection Against Eviction under the Extension of Security of Tenure Act: Legal Rules, Principles and Process cover image
Manuals & Guidelines
July 2017
South Africa

This is a user-friendly guide that explains the rights of farm dwellers and the law in relation to evictions from farmland. It gives advice on how farm dwellers can navigate the legal processes involved in eviction proceedings and practically resist evictions. It is a resource for farm dwellers facing eviction from their homes, as well as for farm worker unions, community-based paralegals and lawyers. The guide was developed by SERI and the Commercial Stevedoring Agricultural and Allied Workers Union (CSAAWU).