Land Law Reform in Eastern Africa: Traditional or Transformative?

Land Law Reform in Eastern Africa: Traditional or Transformative?
Author: Patrick McAuslan
Publisher: Routledge
Total Pages: 308
Release: 2013-06-26
Genre: Law
ISBN: 113461635X

Land Law Reform in East Africa reviews development and changes in the statutory land laws of 7 countries in Eastern Africa over the period 1961 – 2011. The book is divided into two parts. Part 1 sets up the conceptual framework for consideration of the reforms, and pursues a contrast between transformational and traditional developments; where the former aim at change designed to ensure social justice in land laws, and the latter aim to continue the overall thrust of colonial approaches to land laws and land administration. Part 2 provides an in-depth and critical survey of the land law reforms introduced into each country during the era of land law reform which commenced around 1990. The overall effect of the reforms has, Patrick McAuslan argues, been traditional: it was colonial policy to move towards land markets, individualisation of land tenure and the demise of customary tenure, all of which characterise the post 1990 reforms. The culmination of over 50 years of working in this area, Land Law Reform in East Africa will be invaluable reading for scholars of land law, and of law and development more generally.

Evaluating the Impact of Land Tenure and Titling on Access to Credit in Uganda

Evaluating the Impact of Land Tenure and Titling on Access to Credit in Uganda
Author: Carly K. Petracco, John Pender
Publisher: Intl Food Policy Res Inst
Total Pages: 40
Release: 2009
Genre: Social Science
ISBN:

"The theorized impact of land tenure and titling on access to credit has produced mixed results in the empirical literature. Land tenure and titling is hypothesized to increase access to credit because of the enhanced land security provided and the newfound ability to use land as collateral. Using land as collateral and obtaining access to credit are paramount concerns in Uganda and in all of Africa, as greater emphasis is placed on the need to modernize the agricultural system. This paper uses a new approach in evaluating whether land tenure and titling have an impact on access to credit for rural households in Uganda. The new approach includes comparisons across four categories: (1) households who have customary land with versus without a customary certificate, (2) households who have freehold land with versus without a title, (3) households with a title or certificate having freehold versus customary tenure, and (4) households without a title or certificate having freehold versus customary tenure. Each comparison is then evaluated for the impact on access to any form of credit, formal credit, and informal credit. This analysis allows for an in-depth look into which element, tenure or title, is impacting access to credit and to which type of credit, formal or informal. To conduct this analysis, matching techniques are used, including propensity score matching and the Abadie and Imbens matching method. These two methods contain both strengths and weaknesses that allow the results to support to one another. The only significant finding of the matching was a positive impact on access to credit of freehold without title over customary without certificate. Results imply that tenure, not title, impacts credit access for rural households in Uganda."--Authors' abstract.

Indigenous Research of Land, Self, and Spirit

Indigenous Research of Land, Self, and Spirit
Author: Throne, Robin
Publisher: IGI Global
Total Pages: 301
Release: 2020-12-04
Genre: Social Science
ISBN: 1799837319

Indigenous cultures meticulously protect and preserve their traditions. Those traditions often have deep connections to the homelands of indigenous peoples, thus forming strong relationships between culture, land, and communities. Autoethnography can help shed light on the nature and complexity of these relationships. Indigenous Research of Land, Self, and Spirit is a collection of innovative research that focuses on the ties between indigenous cultures and the constructs of land as self and agency. It also covers critical intersectional, feminist, and heuristic inquiries across a variety of indigenous peoples. Highlighting a broad range of topics including environmental studies, land rights, and storytelling, this book is ideally designed for policymakers, academicians, students, and researchers in the fields of sociology, diversity, anthropology, environmentalism, and history.

Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security

Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security
Author: Food and Agriculture Organization of the United Nations
Publisher: Food & Agriculture Org.
Total Pages: 48
Release: 2018-10-03
Genre: Technology & Engineering
ISBN: 9251072779

The guidelines are the first comprehensive, global instrument on tenure and its administration to be prepared through intergovernmental negotiations.The guidelines set out principles and internationally accepted standards of responsible practices for the use and control of land, fisheries and forests. They provide guidance for improving the policy, legal and organizational frameworks that regulate tenure rights; for enhancing the transparency and administration of tenure systems; and for strengthening the capacities and operations of public bodies, private sector enterprises, civil society organizations and people concerned with tenure and its governance.The guidelines place the governance of tenure within the context of national food security, and are intended to contribute to the progressive realization of the right to adequate food, poverty eradication, environmental protection and sustainable social and economic development.

Bringing the Law Back In

Bringing the Law Back In
Author: Patrick McAuslan
Publisher: Routledge
Total Pages: 324
Release: 2019-07-23
Genre: Law
ISBN: 135175341X

This title was first published in 2003. Bringing together the two fields of land reform and law, this volume examines the role the law and lawyers can, should, and do play in developing countries in the evolution of land policies, in land tenure reform, and in the reform of land use and urban planning. Providing both a theoretical and practical perspective it discusses the role of law in both urban land reform, concentrating on reforms in land use and town and country planning law and general national land reform, looking at specific case studies and at more general themes. It provides a coherent set of ideas and philosophies about land reform through the medium of law, which have been developed through reflection and action over a considerable period of time.

Legal knowladge and economic development: The case of land rights in Uganda

Legal knowladge and economic development: The case of land rights in Uganda
Author: Klaus W. Deininger
Publisher: World Bank Publications
Total Pages: 33
Release: 2006
Genre: Land use
ISBN:

"Mixed evidence on the impact of formal title in much of Africa is often used to question the relevance of dealing with land policy issues in this continent. The authors use data from Uganda to assess the impact of a disaggregated set of rights on investment, productivity, and land values, and to test the hypothesis that individuals' lack of knowledge of the new law reduces their tenure security. Results point toward strong and positive effects of greater tenure security and transferability. Use of exogenous knowledge of its provisions as a proxy for the value of the land law suggests that this piece of legislation had major economic benefits that remain to be fully realized. "--World Bank web site.

Rights and Reality

Rights and Reality
Author: Marjolein Benschop
Publisher: UN-HABITAT
Total Pages: 202
Release: 2002
Genre: Housing
ISBN: 9789211316636

Global Trends in Land Tenure Reform

Global Trends in Land Tenure Reform
Author: Caroline Archambault
Publisher: Routledge
Total Pages: 291
Release: 2015-02-11
Genre: Business & Economics
ISBN: 1317658590

This book explores the gendered dimensions of recent land governance transformations across the globe in the wake of unprecedented pressures on land and natural resources. These complex contemporary forces are reconfiguring livelihoods and impacting women’s positions, their tenure security and well-being, and that of their families. Bringing together fourteen empirical community case studies from around the world, the book examines governance transformations of land and land-based resources resulting from four major processes of tenure change: commercial land based investments, the formalization of customary tenure, the privatization of communal lands, and post-conflict resettlement and redistribution reforms. Each contribution carefully analyses the gendered dimensions of these transformations, exploring both the gender impact of the land tenure reforms and the social and political economy within which these reforms materialize. The cases provide important insights for decision makers to better promote and design an effective gender lens into land tenure reforms and natural resource management policies. This book will be of great interest to researchers engaging with land and natural resource management issues from a wide variety of disciplines, including anthropology, sociology, development studies, and political science, as well as policy makers, practitioners, and activists concerned with environment, development, and social equity.

Evaluation of Innovative Land Tools in Sub-Saharan Africa

Evaluation of Innovative Land Tools in Sub-Saharan Africa
Author: P. van Asperen
Publisher: IOS Press
Total Pages: 320
Release: 2014-09-17
Genre: Architecture
ISBN: 1614994447

Sub-Saharan Africa is urbanizing rapidly, but most countries lack appropriate tools to manage their urban growth. This creates both risks and opportunities for prospective land holders, resulting in a tangle of insecure land rights and claims under multiple tenure systems. Recently, innovative land tools have been proposed and implemented to formalize land tenure. It is envisaged that tenure security for land holders will increase and in turn contribute to poverty reduction. This study evaluates such tools in three peri-urban areas in Lusaka (Zambia), Oshakati (Namibia) and Gaborone (Botswana), with a focus on the perspective of the land holders. The author concludes that the tools are to some extent pro-poor, and makes recommendations for further improvements. These innovative land tools are also considered a necessary addition to conventional and administration tools. This study makes valuable reading for academics, policy makers and practitioners within the land administration domain and related disciplines.