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Legal Empowerment in Practice. Using Legal Tools to Secure Land Rights in Africa

Highlights from the international workshop “Legal Empowerment for Securing Land Rights” Accra,Ghana, 13th-14th March 2008









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    Book (series)
    Responsible Governance of Land Tenure: an essential factor for the realization of the Right to Food
    Land Tenure Working Paper
    2010
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    Land Tenure Working Paper 15. This publication brings to light the existing linkages between land tenure and the realization of the right to food. It points out that responsible governance of land requires the adoption of human rights-based approach in order to develop coherent and long term solutions to improve people’s livelihoods. The document presents the legal implications of the right to food at national level and provides a series of examples on the implementation of human rights principl es and obligations into land tenure systems, policies, and institutional frameworks. Presented as a background document for the Latin America Regional Consultation Meeting for the elaboration of the Voluntary Guidelines on Responsible Governance on Tenure of Land and Natural Resources, it aims to encourage discussion and further analysis on the issues presented.
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    Book (series)
    Statutory recognition of customary land rights in Africa
    An investigation into the best practices for lawmaking and implementation
    2010
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    Given the recent trend of granting vast areas of African land to foreign investors, the urgency of placing real ownership in the hands of the people living and making their livelihood upon lands held according to custom cannot be overstated. This study provides guidance on how best to recognize and protect the land rights of the rural poor. Protecting and enforcing the land rights of rural Africans may be best done by passing laws that elevate existing customary land rights up into nations ' formal legal frameworks thereby making customary land rights equal to documented land claims. This publication investigates the various over-arching issues related to the statutory recognition of customary land rights. Three case studies of land laws in Botswana, Tanzania and Mozambique are analysed extensively in content and implementation, concluding with recommendations and practical considerations on how to write a land law that recognizes and formalizes customary land rights. It cautions lawmakers that even excellent laws may, in their implementation, fall prey to political manipulation and suggests various oversight and accountability mechanisms that may be established to ensure that the law is properly implemented, the land claims of rural communities are protected, and the legislative intent of the law is realized.
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    Book (series)
    Improving tenure security for the poor in Africa
    Synthesis paper: Deliberations of the legal empowerment workshop in Sub-Saharan Africa.
    2007
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    This paper aims to provide a synthesis and commentary with recommendations of the papers given and the discussions which took place at the technical workshop on Improving tenure security for the rural poor in Africa in October 2006. The workshop brought together a wide range of persons from civil society academics, representatives from NGOs the FAO, the principal sponsors of the workshop, and from some donors working on land issues from all over sub-Saharan Africa with an emphasis on Anglophon e Africa. The views expressed in this workshop are of significance. They are not the official positions of governments but they are representative of grass-roots involvement in land relations in Africa and are therefore entitled to respect.

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