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Improving tenure security for the poor in Africa: Kenya, Tanzania and Uganda - Case Study

Formalization and its prospects









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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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    Book (series)
    Statutory recognition of customary land rights in Africa
    An investigation into the best practices for lawmaking and implementation
    2010
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    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.
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    Book (series)
    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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