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Legal Empowerment and Access to Justice as Instruments for Good Land Governance

Reports & Research
Março, 2015
África

Includes genesis of the CFJJ-FAO programme – policy and legal reforms, challenges for land governance today, legal empowerment and land governance; the twin-track approach; the training programme – paralegal courses, local government and sector officer seminars; results and impact – overall impact, gender issues and women’s land rights; discussion; a format for change – the empowerment chain. Important to have a long term view. The law indeed is not enough.

Power and Rights in the Community: Paralegals as Leaders in Women’s Legal Empowerment in Tanzania

Reports & Research
Março, 2018
Tanzania
África

What can an analysis of power in local communities contribute to debates on women’s legal empowerment and the role of paralegals in Africa? Drawing upon theories of power and rights, and research on legal empowerment in African plural legal systems, this article explores the challenges for paralegals in facilitating women’s access to justice in Tanzania, which gave statutory recognition to paralegals in the Legal Aid Act 2017. Land conflicts represent the single-biggest source of local legal disputes in Tanzania and are often embedded in gendered land tenure relations.

Implications of Community-based Legal Aid Regulation on Women’s Land Rights

Reports & Research
Maio, 2014
África

Improving women’s ability to securely access land is recognized as an effective means to increase gender equality and advance other key social and economic development goals. Despite progressive laws in many African countries, gender disparities commonly persist in women’s access and ownership of land. Although legal empowerment of women can help to strengthen their claims to land, governments commonly lack the capacity to offer legal services.

Accountability in Africa’s land rush: what role for legal empowerment?

Reports & Research
Abril, 2013
África

Includes setting the scene: accountability in large-scale land acquisitions; the role of the law in shaping pathways to accountability; citizen action – how effective are the bottom-up checks and balances?; under what conditions can citizens achieve justice and equitable outcomes in relation to land acquisitions?; what role for research?

Improving accountability in agricultural investments: Reflections from legal empowerment initiatives in West Africa

Reports & Research
Junho, 2017
África

Since 2014, a set of initiatives in Cameroon, Ghana and Senegal has worked to help people harness the law in order to have greater control over decisions that affect them in a process of legal empowerment. In the three countries, the initiative developed diverse approaches, responding to different local contexts and theories of change. Each embodied a distinctive combination of grassroots action, public advocacy and private sector engagement – through supporting junior lawyers in Cameroon, grassroots committees in Ghana and locally negotiated “land charters” in Senegal.

Trends in global land use investment: implications for legal empowerment

Reports & Research
Dezembro, 2017
África

From the mid-2000s, a commodity boom underpinned a wave of land use investments in low- and middle-income countries. While agribusiness, mining and petroleum concessions often involve promises of jobs and public revenues, they have also prompted concerns about land dispossession, exclusionary investment models and infringements of the rights of vulnerable groups. One of the major challenges is in empowering rural people to make informed choices, exercise their rights and have their voices heard.

Legal empowerment for local resource control: Securing local resource rights within foreign investment projects in Africa

Reports & Research
Agosto, 2007
África

This report draws lessons from experience of using legal processes to secure local resource rights within the context of foreign investment projects in Africa. Security of local resource rights is a major challenge in many parts of Africa. The analysis of relevant law reveals that resource rights associated with more powerful interests (foreign investment) tend to enjoy greater legal protection compared to those held by local resource users.

Legal empowerment in practice: Using legal tools to secure land rights in Africa

Reports & Research
Maio, 2008
África

In many parts of Africa, legal services organisations have developed innovative ways for using legal processes to help disadvantaged groups have more secure land rights. Their approaches, tools and methods vary widely – from legal literacy training to paralegals programmes, from participatory methodologies to help local groups register their lands or negotiate with government or the private sector through to legal representation and strategic use of public interest litigation.

Occupancy, Consent or Co-ownership: Policy and Legal Responses around the Matrimonial Home in Uganda

Reports & Research
Agosto, 2003
Uganda
África

Contains background, policy responses (PRSP, LSSP, national gender policy), legal responses (Constitution, co-ownership, Land Bill 1997 and Matembe Clause, Land Act 1998 and Consent Clause, Land Amendment Bill 2003), challenges, way forward, annexes.

Improving Tenure Security for the Poor in Africa

Reports & Research
Outubro, 2006
África

The first of 7 Working Papers presented at an FAO regional technical workshop for sub-Saharan Africa on legal empowerment of the poor (LEP) in Nakuru, Kenya, in October 2006. Divided into 7 issues: land markets, individualised land tenure, and land titling; pluralism; informal settlements in urban and peri-urban areas; gender; decentralisation and institutional development; pastoralism; dispute settlement. Each issue is examined through four dimensions: the international, the colonial, the national, and the social.

How best to Respond to the Great Contempt shown by Africa’s Ruling Elites towards their own Small-Scale Farmers and Pastoralists?

Reports & Research
Julho, 2015
África

Impossible to have imagined 50 years ago that Africa’s ruling political elites would have come to despise their own small-scale farmers and pastoralists and to look kindly on foreign-run large plantations. Impact of decades of structural adjustment programmes forgotten. Sceptical about claims that land grabs can be stopped within 3 years. Looks at variety of responses attempting to address power inequalities at local levels. Research a not unproblematic area. Concludes with case studies of legal empowerment in Mozambique and Namati’s community land protection programme.