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Participatory Land Delimitation

An Innovative Development Model Based upon Securing Rights Acquired Through Customary and Other Forms of Occupation










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    Book (stand-alone)
    Women’s land rights and agrarian change: Evidence from indigenous communities in Cambodia 2019
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    Current changes in land tenure in Cambodia are reshaping indigenous communities agrarian and socio-economic systems. Customary laws that have determined land usage and rights, are now undergoing profound transformations. The commodification of land, influenced by processes of dispossession and alienation, is reshaping communities’ norms and customs. Land, before freely available to users, is now substantially a private asset and as such transferred from one generation to the next one like other assets. Customary laws derive their legitimacy from social systems that are context specific and change with time. This determines their ambiguous character as instruments for resistance and self-determination as well as generators of unequal social relations in rural communities. The experiences from other continents and countries have shown the contradictory and often conflicting linkage between customary land rights and women’s rights to own land. This study analysis the customary inheritance system of indigenous groups in Northern Cambodia, prevalently centred around matrilineal or bilateral kinship, where women used to inherit and own the principal family assets. The research questions focus on indigenous women’s inheritance and property rights as they apply to land, in the context of increasing land commoditization and scarcity. The aim of the enquiry is to contribute to the understanding of the gender implications of these changes, by gaining insight about women’s position vis-à-vis land property, inheritance and transfer to new generations. The changes in land tenure that have occurred in Ratanakiri province during the last decades have resulted in a substantial alienation of land and resources formerly available to indigenous people. Consequently, the area farmed under shifting cultivation has significantly decreased and been replaced by permanent commercial crops, while the increasing monetization of communities’ economy has triggered new processes of social differentiation. Little support has been given to indigenous farmers in order to manage this transition and adapt their farming system while maintaining its sustainability. The legal instruments deriving from the Land Law, which in theory should have contributed to provide formal legal protecting to indigenous land and allow communities to continue using land according to their traditional tenure system were impaired by delays and the obstacles in the practical implementation of the law. External actors, institutional as well as non-governmental, have been actively promoting agricultural practices centred on rapid gains, unsustainable exploitation of land and forest, carpet introduction of monocultures without creating the conditions for the establishment of favourable value chains and market conditions. The changes that have taken place have important implications in terms of women’s role and status within communities: not only because of the farming system transition, but also as a consequence of the increasing influence of the mainstream culture, in which gender norms are more hierarchical and constrictive then the ones in use among the indigenous peoples targeted by this study. Following the evidence presented here, strengthening indigenous women land rights may result from a multipurpose approach that embraces different areas of interventions and actors, detailed in the recommendations provided.
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    Assessing inclusive and participatory mapping for recognizing customary tenure systems in Myanmar 2021
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    Vast amounts of land in Myanmar are not registered. All this land is, in fact, considered as being at the disposal of the Government of the Union of Myanmar, although communities claim it legitimately as customary land. In the absence of specific legal measures for the recognition and protection of community and/or village lands, these systems are under threat of alienation. The National Land Use Policy includes provisions for recognizing customary tenure, but there is currently a legal gap for customary land. Inclusive and participatory mapping could fill this gap and thereby contribute to securing legitimate tenure rights to land, fisheries and forests. Inclusive and participatory mapping of customary tenure has proven to be an effective tool in many countries across the world to empower indigenous peoples and local communities in view of claiming their tenure rights to land and other natural resources. For many it means literally "to be put on the map". Examples of participary mapping in the world and in Myanmar to strengthen customary tenure are assessed and recommendations for the future provided.
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    Country Study on Status of Land Tenure, Planning and Management in Oriental Near East Countries
    Case of Egypt
    2012
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    The share of agriculture in the GDP declined from 16 percent in the 1990s to almost 14 percent in 2010. Meanwhile, those employed in agriculture as a percent of total labor force is declining since 1960 to 2006. Despite losing labor and share of the GDP, agriculture is, and will continue to be, among the major economic activities in Egypt, and a generator for economic growth. The balance between agriculture and other productive sectors of the economy require proper spatial and land use planning. Land tenure is central to this planning exercise. Land property right is the result of common factors, such as occupation and religion i.e. Islam, and agro-climatic conditions. Land property rights are multiple and complex. They are inherited from pre-Islamic rules (Orf), Islamic (Sharia) and colonial as well as post-colonial legislation. All these rules are co-existed. There are number of land status (regimes) such as private ownership (melk), collective land (waqf). Also there is a dichotomy (rural-urban).Land policy formulation and management in Egypt have been transforming in close association with institutional transformations. Since the Ottomans, to Mohamed Ali, to the Nasser‟s regime, and ending by the Mubarak administration, each period of time had its dogma and accordingly its land tenure systems. Today, Egypt has investment opportunities map till 2017 that defines land uses for the overall development. Today there are number of institutions responsible for planning the uses of this land and the mechanism to transfer the ownership of this land.The land question can be framed in the current status of dwarf and fragmented holdings. This is the result of complicated procedures to secure property right, inheritance, and increased prices and/or rents per unit of land used for agricultural or non-agricultural uses. Consequences include persisted rural poverty, violent disputes as a result of increased population densities and informality. The impacts are a multitude of ec onomic inefficiency and idle land markets.Laws and regulations that govern land markets come in ten sets of groups. Islamic, customary and civic laws co-exist next to each other. The institutional framework that governs land markets need serious transformations including, but not limited to, redefining the mission and mandate of public bodies responsible for land distribution and sectoral development, and adopting principles of good governance.For perfectly competitive land markets, there is a n eed for updated cadastral and registry of land by which each parcel of land has a national identification number. The registry has to include specification of each parcel, information concerning the owner(s), sub-divisions, etc. Aside of these corrective and preventive measures, there is a need for a wide range of supportive measures. Educating and enlightening the public with their rights and means to access land is essential for perfectly competitive markets. Applying taxes on wind-fall gains is another measure to control freezing savings and money in the form of land and vacant dwellings. Also levying an annual tax on unused land and closed dwellings is prone to divert money needed for investment away and curb the tendency to speculative practices. This recommendation is in line with Islamic Shariya where the owners of utilized assets, in the form of land, gold, real estate, etc. have to pay 2.5 percent of its assessed value in the form of zakat. This recommendation will free frozen assets, and will avail money for investment that can generate employment opportunities.

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