This paper analyzes whether national laws acknowledge indigenous peoples and other rural communities in 100 countries as owners of waters that arise within their lands. Results derive from information collected by LandMark to score the legal status of community land tenure. Findings are positive; half of all countries recognize communities as lawful possessors of water on their lands. Three quarters permit communities to manage the distribution and use of water on their lands.
SARAWAK Dayaks, angry over two recent Federal Court decisions which failed to recognise native customary rights, will gather at the Palace of Justice in Putrajaya on Tuesday to “make their feelings known” at another appeal case set to go against them.
Across the globe, grassroots organizations are combatting injustice by helping people to understand, use, and shape the laws that affect them. Few of them receive the recognition they deserve. We want to change that.
In 2015, Namati launched the world’s first competition to celebrate great deeds in the field of legal empowerment. This year, the biennial Grassroots Justice Prize returns -- bigger and better than before.
The protection given to the land rights of women, orphans and any other vulnerable groups in Northern and Eastern Uganda is probably as good as can be found anywhere in the world. Customary land law is based on three main principles. First, everyone is entitled to land, and no-one can ever be denied land rights. A second principle is that all inherited land is family land, never individual property.
Over 80% of all land in Uganda is held under unregistered ‘customary tenure’. This means that it is private property, but the owners need no documents to prove ownership. Their claims to the land, and the boundaries of the land, are locally recognised, and this recognition is given the full protection of State law.
Since Karamoja is richly endowed with gold, marble, iron ore, tungsten, limestone, oil and gas, it has attracted many investors, in particular since the protracted armed conflicts in northern Uganda started fading away. Approximately 1 7,000 km2 or 62% of the total land area of Karamoja has been licensed for mineral exploration and exploitation (Kabiswa, 2014).
Post-conflict northern Uganda has witnessed an increase in disputes over land. This has, to a great extent, been as a result of the armed conflict and its aftermath. Beyond that, other chaotic factors embedded in various social, legal, economic, and political aspects of this society have influenced the nature, gravity, and dynamics of these disputes and the way in which Traditional Institutions and the Local Council Courts have attempted to resolve them.
This is the second in a series of land studies for northern Uganda, whose core objective is to inform the Plan for Recovery and Development of Northern Uganda (PRDP) and the National Land Policy. It builds on the work of the first phase conducted in Teso region to present a more quantitative analysis of trends on disputes and claims on land before displacement, during displacement and emerging trends or occurrences on return for Acholi and Lango sub-regions.
There is broad recognition, across the political spectrum and in both 'northern' and 'southern' countries, that justice reform, and more generally the promotion of the 'rule of law', are central to development policy, particularly in conflict-affected, fragile and violent contexts. More recently an increased focus on global security and the interaction between security and development as put a renewed emphasis on such efforts.