Thumbnail Image

Madagascar and legal pluralism: Can customary and statutory law be reconciled to promote women’s land rights?







Also available in:

Related items

Showing items related by metadata.

  • Thumbnail Image
  • Thumbnail Image
    Book (series)
    Technical brief
    Legal pluralism, women’s land rights and gender equality in Mozambique 2017
    Also available in:
    No results found.

    Throughout history, land has been considered a main source of wealth, social status and power. This publication analyses the impacts of legal pluralism on women's land rights in Mozambique arguing that despite Mozambique's progressive legal framework, efforts are still needed to fully achieve gender equitable and socially just outcomes on the ground. With a largely rural population, and limited knowledge of statutory law, customary rules that are discriminatory towards women tend to prevail over the gender sensitive statutory law, undermining women's land rights. Based on FAO field experiences in Mozambique, the document presents the realities of customary justice and challenges faced by rural women, suggesting a series of actions that could be undertaken by key stakeholders to overcome such challenges.
  • Thumbnail Image
    Book (series)
    Technical study
    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.

Users also downloaded

Showing related downloaded files

  • Thumbnail Image
    Brochure, flyer, fact-sheet
    Brochure
    Global Forest Resources Assessment 2020
    Key findings
    2020
    This publication contains the main findings of the Global Forest Resources Assessment 2020 (FRA 2020). The data in FRA 2020 have been obtained through a transparent, traceable, reporting process and a well- established network of officially nominated national correspondents. The information provided by FRA presents a comprehensive picture of the world's forests and the ways the resource is changing. Such a clear global picture supports the development of sound policies, practices and investements affecting forests and forestry.
  • Thumbnail Image
    Booklet
    Corporate general interest
    Emissions due to agriculture
    Global, regional and country trends 2000–2018
    2021
    Also available in:
    No results found.

    The FAOSTAT emissions database is composed of several data domains covering the categories of the IPCC Agriculture, Forestry and Other Land Use (AFOLU) sector of the national GHG inventory. Energy use in agriculture is additionally included as relevant to emissions from agriculture as an economic production sector under the ISIC A statistical classification, though recognizing that, in terms of IPCC, they are instead part of the Energy sector of the national GHG inventory. FAO emissions estimates are available over the period 1961–2018 for agriculture production processes from crop and livestock activities. Land use emissions and removals are generally available only for the period 1990–2019. This analytical brief focuses on overall trends over the period 2000–2018.
  • Thumbnail Image
    Booklet
    High-profile
    FAO Strategy on Climate Change 2022–2031 2022
    The FAO Strategy on Climate Change 2022–2031 was endorsed by FAO Council in June 2022. This new strategy replaces the previous strategy from 2017 to better FAO's climate action with the Strategic Framework 2022-2031, and other FAO strategies that have been developed since then. The Strategy was elaborated following an inclusive process of consultation with FAO Members, FAO staff from headquarters and decentralized offices, as well as external partners. It articulates FAO's vision for agrifood systems by 2050, around three main pillars of action: at global and regional level, at country level, and at local level. The Strategy also encourages key guiding principles for action, such as science and innovation, inclusiveness, partnerships, and access to finance.