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The Theoretical and Legal Foundations of Community-Based Property Rights in East Africa

Reports & Research
Policy Papers & Briefs
Setembro, 2005
Quênia
Tanzania
Uganda

Indigenous, mobile, and local communities all over the world have for millennia played a critical role in conserving the earth’s patrimony. They have protected forests, wetlands, rangelands, watersheds, hunting grounds, rivers and streams and other water catchment systems that are to day the basis of prosperity for all nations. “Community” husbandry of these resources has been done for a wide range of reasons ranging from economic, cultural, spiritual, aesthetic to many others.

Understanding changing land access issues for the rural poor in Uganda

Reports & Research
Abril, 2017
Uganda

The ways in which people obtain land in Uganda are changing fast. Land that used to be secured through inheritance, gifts or proof of long-term occupancy is now more commonly changing hands in the market. Those with wealth and powerful connections are frequently able to override local rules and gain access to land at the expense of poorer individuals. Government-backed agribusiness investors receive large areas of land with benefits for some local farmers who are able to participate in the schemes, while other smallholders see their land access and livelihoods degraded.

Power and Vulnerability Land Dispute Resolution

Reports & Research
Abril, 2014
Uganda

Unfolding analysis reveals two types of land disputes prevalent in postwar northern Uganda: cases that involve a legitimate cause of action and those that do not.1 Since mediation and alternative forms of dispute resolution rely on parties’ willingness to negotiate in good faith, cases featuring ‘bad faith’ and land grabbing—where powerful parties intentionally exploit another person’s vulnerability in order to illegally2 claim land—pose a serious challenge for local land dispute mediators. Such mediators must wrestle with whether and how to remain neutral in the face of injustice.

COMMUNITY LAND JUSTICE IN UGANDA

Policy Papers & Briefs
Junho, 2014
Uganda

Uganda’s northern region was traditionally inhabited by communities with predominantly pastoral lifestyles. As the country began developing administrative structures in the region, most clans found themselves settled into agro-pastoral communities. The elders found it imperative to demarcate areas of land to fit different uses, with areas for family settlement and cultivation clearly separated from other areas for communal use. Land was either demarcated by the leaders of a particular settlement or by the dominant clan for the benefit of everyone else in that area.

Land or Else

Reports & Research
Setembro, 2010
Uganda

Northern Uganda is the scene of one of the world’s most volatile and spontaneous processes of reintegration. There are approximately 1.1 to 1.4 million people in the Acholi sub-region at the time of writing3 ; 295,000 internally-displaced persons (IDPs) remain displaced either in IDP camps or transit sites. Approximately 800,000 Acholis have already left the camps and spontaneously returned home over the last three years.

Identification of Good Practices in Land Conflict Resolution in Acholi

Reports & Research
Outubro, 2011
Uganda

Conflict associated with land has increased substantially following the return of peace to the Acholi Region with the return of internally displaced people (IDP), population growth, and increases in the value of land. The area is heavily dependent on agriculture and conflict related to land access seriously threatens to undermine development and the social, political and economic stability of the Acholi Region. This study involved community members, key informants, and statutory and traditional leaders in three sub counties in each of the seven Acholi districts.

A Guide to Property Law in Uganda

Peer-reviewed publication
Novembro, 2007
Uganda

This guide has been written as an information resource for government officials, community leaders, humanitarian aid workers, judges, lawyers and others whose responsibilities include upholding land and property rights in Uganda. It outlines the main provisions of Uganda’s constitutional and legal framework and the protection these provide to property rights. It briefly outlines the historical background to existing land tenure relations, describes the constitutional provisions relating to land in the 1995 Constitution and sets out the main provisions of the Land Act 1998.

Securing Community Land Rights: Priorities and Opportunities to Advance Climate And Sustainable Development Goals

Policy Papers & Briefs
Setembro, 2017
Global
África
América Latina e Caribe
Ásia

Legally recognized and secure land and resource rights are fundamental to the advancement of global peace, prosperity, and sustainability. From the development of human cultures to the realization of democracy itself, tenure security underpins the very fabric of human society and our relationship to the natural environment. Today, insecure tenure rights threaten the livelihoods and wellbeing of a third of the world’s population, and with it, the very future of our planet.

Constitutional Court No. 35/PUU-X/2012

Legislation & Policies
Abril, 2013
Indonésia

The fourth paragraph of the Preamble of the 1945 Constitution of the Republic of Indonesia (hereinafter referred to as the 1945 Constitution) has very clearly stated the aim of the establishment of the Unitary State of Republic of Indonesia (NKRI) is "to protect all the people of Indonesia and all the independence and the land that has been struggled for, and to improve public welfare, to educate the life of the people and to participate toward the establishment of a world order based on freedom, perpetual peace and social justice ".

Customary Law and the Protection of Community Rights to Resources

Manuals & Guidelines
Dezembro, 2013
África
África do Sul

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.