Thumbnail Image

The Interface between Customary and Statutory Water Rights - A Statutory Perspective









Also available in:
No results found.

Related items

Showing items related by metadata.

  • Thumbnail Image
    Book (series)
    Statutory recognition of customary land rights in Africa
    An investigation into the best practices for lawmaking and implementation
    2010
    Also available in:
    No results found.

    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.
  • Thumbnail Image
    Brochure, flyer, fact-sheet
    Customary law: Customary norms and practices used to strengthen the sustainable use and management of wildlife resources in the Rupununi by Wapichan communities
    SWM Customary Law Series: July 2022
    2022
    Also available in:
    No results found.

    In Guyana, the Sustainable Wildlife Management (SWM) Programme has focused since 2017 on the Rupununi region in the south of the country. One of the outcomes of this programme is to ensure that policies and regulations enable the sustainable use of species that are resilient to hunting and fishing, and to ensure the conservation of protected and threatened species. To this end, the programme identified gaps and opportunities for the sustainable use of wildlife through the analysis of statutory and customary laws. The focus of this document is to report on customary rules and practices in relation to land use and planning, hunting, and fishing activities in Wapichan wiizi (Wapichan territory) in South and South Central Rupununi. Gaps and contradictions between customary and statutory systems are highlighted as well as opportunities related to the formal recognition of customary rules. The information compiled in this document was extracted from publications and technical reports developed by the SWM Programme and other sources such as the International Work Group for Indigenous Affairs (IWGIA). Interviews with experts and local leaders were held to complement the information extracted from secondary sources. The SWM Programme is an initiative of the Organisation of the African, Caribbean and Pacific States (OACPS). It is implemented through a partnership involving the Food and Agriculture Organization of the United Nations (FAO), International Cooperation Center for Agricultural Research for Development (CIRAD), International Center for Forestry Research (CIFOR) and Wildlife Conservation Society (WCS).
  • Thumbnail Image
    Brochure, flyer, fact-sheet
    Customary law: Customary norms and practices to strengthen the sustainable use of wildlife resources in Binga District by Tonga communities 2023
    Also available in:
    No results found.

    In Zimbabwe, the Sustainable Wildlife Management (SWM) Programme pilot site is referred to as “Mucheni Community Conservancy” in Binga District, Matabeleland North Province. It is an area of communal land covering three wards under the formal authority of the Binga Rural District Council (RDC). One of the hoped-for outcomes of the SWM Programme is to ensure that policies and regulations enable the sustainable use of species that are resilient to hunting and fishing, and to ensure the conservation of protected and threatened species. To this end, the Programme identified gaps and opportunities for the sustainable use of wildlife through the analysis of statutory and customary laws. The focus of this document is to report on customary norms and practices in relation to land use and planning, hunting and fishing activities in Binga District. Gaps and contradictions between customary and statutory systems are highlighted, along with opportunities and challenges related to the formal recognition of customary rules. Information was obtained from secondary sources including a review of the existing literature as well as semi-structured interviews with key stakeholders in the area which included local leaders (chiefs and headmen) and community representative groups (men, women, youth), government officials (Forestry Commission, Parks and wildlife management authority, Environment management agency, veterinary officers, etc.), Rural district council officials, local NGOs and local politicians. Interviews were useful in validating information collected from secondary sources including colonial archives. The SWM Programme is an initiative of the Organisation of the African, Caribbean and Pacific States (OACPS). It is implemented through a partnership involving the Food and Agriculture Organization of the United Nations (FAO), International Cooperation Center for Agricultural Research for Development (CIRAD), International Center for Forestry Research (CIFOR) and Wildlife Conservation Society (WCS).

Users also downloaded

Showing related downloaded files

No results found.