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Improving tenure security for the poor in Africa: Mozambique - Country Case Study









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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
    Framework paper for the Legal Empowerment Workshop, Sub-Saharan Africa
    2006
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    Most of the world’s poor work in the “informal economy” – outside of recognized and enforceable rules. Thus, even though most have assets of some kind, they have no way to document their possessions because they lack formal access to legally recognized tools such as deeds, contracts and permits. FAO, with donor funding from Norway, has undertaken a set of activities for “Improving tenure security of the rural poor” in order to meet the needs of FAO member countries and, in turn, support the C ommission on Legal Empowerment of the Poor (CLEP) – the first global anti-poverty initiative focusing on the link between exclusion, poverty and law, looking for practical solutions to the challenges of poverty, aiming to make legal protection and economic opportunity the right of all, not the privilege of the few. This paper aims to suggest answers to this penetrating question about land tenure and the poor in Africa: Why, when so much is known and so much seems to be done, does so little change? For this purpose, a framework has been developed that can be used to prioritize and explore the issues within a coherent and recognizable context that provides a practical as well as theoretical perspective.
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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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