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Improving tenure security for the poor in Africa

Framework paper for the Legal Empowerment Workshop, Sub-Saharan Africa









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    Improving tenure security for the poor in Africa: Kenya, Tanzania and Uganda - Case Study
    Formalization and its prospects
    2006
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    This paper identifies the key issues of land tenure security for the rural poor, vulnerable and marginalized in the East African countries of Kenya, Tanzania and Uganda. The report finds that most of these issues are common across the three countries, both in terms of the challenges that the communities face and imperatives that inform policy interventions and responses. In all three countries, customary and statutory systems operate side by side and, in all three, there is a tendency for policy and legislative frameworks to privilege the modern systems of property relations over traditional ones, even as national rhetoric indicates recognition and support for the latter. The paper concludes that formalization has not always benefited the rural poor. Instead, an elite minority has tended to benefit from reforms while the majority of the poor and vulnerable end up worse off as institutions and systems that supported their livelihoods and gave them a sense of security are marginalized and replaced by modern institutions.
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    Improving tenure security for the poor in Africa: Mozambique - Country Case Study 2007
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    The paper looks at land tenure in Mozambique, where ever since independence in 1975, property in land has been vested in the state, and despite the political and economic shift to a multiparty system and market economy, this underlying principle has remained in place: no land may be sold, mortgaged, or otherwise encumbered or alienated. Local traditional land management systems meanwhile have retained a robust role as the de facto land management system of Mozambique. These systems – and the rights they attribute to rural people – were formally recognized in the 1995 National Land Policy and subsequent 1997 Land Law. While the new law had to respect basic constitutional principles, the legislators also had to develop a law appropriate for a market economy. The land policy therefore seeks to protect existing rights, while also promoting private investment and, to this end, seeks to provide secure land rights for investors as an essential condition for this.
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    Improving tenure security for the poor in Africa: Mali - Country Case Study
    Improving security of land tenure for the poor and other vulnerable groups in rural areas.
    2006
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    The study aims to clarify the various issues regarding land security of poor and other marginalized groups in Malian rural areas. It looks into questions relating to how poor and vulnerable groups obtain access to land and natural resources, and what factors cause their exclusion. It analyzes existing methods for formalizing land rights and land transactions and their impacts on the poor. Specific attention is given to the practical organization of the procedures for formalization and recording land rights. Any study of “land security” requires knowing whose rights are to be secured and protected, from whom or what they are to be secured, and how and why they are to be secured. The majority of the rural population in Mali is poor. Thus, this paper approaches the issue of land from the rural perspective with particular focus on the more underprivileged rural groups. Based on literature review and field research, the study i) examines modes of access to land and natural resources in M ali and their effects on the land tenure situations of poor and vulnerable groups; and ii) analyses the methods used for securing access to land and natural resources for those groups.

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