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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.









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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: Namibia Country Case Study.
    Investing in rights: lessons from rural Namibia
    2006
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    This case study looks at the land tenure in Namibia, where for a century of colonial rule indigenous Namibians were dispossessed from rights to both land and resources – by German and then white South African settlers establishing commercial farms and related businesses. Access to freehold tenure was reserved for white settlers and tenure security for indigenous Namibians largely disappeared. In non-white areas, rights were provided under indigenous tenure systems whose legal status was somewhat murky. Urban tenure was denied as blacks were not allowed ownership of residential land. While the acquisition and redistribution of freehold farmland has garnered the headlines since independence in 1990, many issues, problems and solutions to the restoration of rights in other areas have emerged. Land and rights reform for Namibia is not the simple task of obtaining from those who have much and redistributing to those who have little. Redistribution, in this classic sense, would apply to o nly half of the country’s land. The story of the other half is often neglected. Namibia has a web of social, historical, environmental and legal parameters that have required a complex approach to both the recognition and restoration of property rights.
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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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