We believe that law should in principle assist vulnerable communities in changing power relations. Law is fundamentally a ‘neutral’ set of rules that constrains power by requiring decisions and actions of those in power to comply with legal rules, rights and obligations. Unfortunately, we have seen the powerful appropriate law as a tool for only protecting and strengthening their interests.

The following is an account of a grassroots movement led by a group of NGOs and communities who went to the Constitutional Court, the highest court in South Africa, to challenge the law dealing with land claims.

They wanted the Court to declare the Restitution of Land Rights Amendment Act 15 of 2014 unconstitutional; and they won!

This is a judgement in the Land Claims Court which concerned the validity of land claims lodged under The Restitution of Land Rights Amendment Act 15 of 2014. This act was an amended version of the Restitution of Land rights Act 22 f 1994 which differed by extending the time frame for persons, descendants, or communities who were disposed of land after 1913 to lodge land claims.  Previously the cut-off date under the 1994 to lodge claims was 31st December 1998. Under the 2014 Act, claims could up lodged from the passing of the act until 30 June 2019.

Kenya is the most recent African state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered.

To enable communities to form juristic persons, to be known as communal property associations in order to acquire, hold and manage property on a basis agreed to by members of a community in terms of a written constitution; and to provide for matters connected therewith. (English text signed by the President.)

Peru has formalized property rights for 1,200 indigenous communities in the Amazon. These titled indigenous lands cover over 11 million hectares and represent approximately 17% of the national forest area. Progress has been possible due to multiple reforms that recognized indigenous rights to collective lands, a process characterized by complex and protracted conflicts among competing interests, shifting government priorities and continued resistance by indigenous people to contest efforts that undercut their interests.

Identifies the drivers of the land use changes that have displaced millions of rural people and continue to threaten millions more – particularly women; it unpacks the key land policy guidelines and why they have so far failed to ‘stick’ on the ground, and it sets out 14 actions to get to grips with the problem and push forward community land rights across Africa.

The complaints procedure of the Roundtable on Sustainable Palm Oil (RSPO) is one of the options available to communities threatened by the negative impacts of the palm oil industry. Drawing on direct experiences of supporting communities to use it in Indonesia and Liberia, the report summarises how communities can get the most out of this procedure. Realistic outcomes include a temporary freeze on plantation development while longer term solutions are negotiated. Advises that several advocacy strategies be pursued simultaneously to maximise chances of success.

Covers why indigenous and community land rights matter for everyone; progress or retreat? What is happening on the ground; what do we need to change?

Includes tenure risk, conflict, and the path to prosperity, 2016 in depth: fear, violence and defence, communities face ever increasing criminalization and violence for practicing their traditional livelihoods and protecting their lands. Breakthroughs to scale: indigenous peoples and communities make major gains in protecting their land rights. Development finance institutions emerge as potential leaders on community land rights. Companies are slow to implement commitments and change business models.