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Book (series)Customary water rights and contemporary water legislation: mapping out the interface 2008
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No results found.Many questions about customary legal developments go unexplained if no recourse is made to the connection between legal and economic systems. Since time immemorial they interact, justify and fertilise each other. Most of all, if we believe that customary laws and justice develop and transform themselves, the question is: how much does economic development influence legal institutions and rules? An historical, inter-sectoral juridical (and economic) approach is necessary to define differences bet ween customary and modern systems, because these systems were born as a result of specific historical circumstances and will eventually die out or be replaced. A historical and anthropological dimension has been incorporated in this paper, as a sound understanding of current customary laws and practice is incomplete without reference to colonial and pre-colonial water use and management practices. -
Book (series)The Interface between Customary and Statutory Water Rights - A Statutory Perspective 2005
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No results found.This paper will contribute to mapping out the area of interface of customary water rights and statutory water rights. Based on original surveys and analyses of water legislation and customary water rights and practices in Canada (Nowlan 2004), Ghana (Sarpong 2004), Guyana (Janki 2004), and Nigeria (Kuruk 2004), as well as a brief analysis of the contemporary legislation of Argentina, Indonesia, and Namibia, this paper will (a) review the extent to which customary water-related practices and righ ts have been accounted for in water legislation, (b) analyze the approaches to reconciling such rights with the rights created by statute and administered by government, and (c) based on the analysis, flag emerging issues as well as sketch an agenda for future action. -
Brochure, flyer, fact-sheetCustomary law: Customary norms and practices to strengthen the sustainable use of wildlife resources in Binga District by Tonga communities 2023
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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).
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