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Book (series)Statutory recognition of customary land rights in Africa
An investigation into the best practices for lawmaking and implementation
2010Also 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. -
Book (series)Changes in in "customary" land tenure systems in Africa 2006
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No results found.Across rural Africa, land legislation struggles to be properly implemented, and most resource users gain access to land on the basis of local land tenure systems. Although such systems claim to draw their legitimacy from “tradition” and are commonly referred to as “customary” (and for easier reading we will follow this terminology), they have been profoundly changed by decades of colonial and post-independence government interventions, and are continually adapted and reinterpreted as a result of diverse factors like cultural interactions, population pressures, socio-economic change and political processes. Such land tenure systems are extremely diverse, possibly changing from village to village. This diversity is the result of a range of cultural, ecological, social, economic and political factors. -
Journal, magazine, bulletinInnovative solutions to protect women’s customary land rights in Sierra Leone
Land Tenure Journal/Revue des Questions Foncières/Revista sobre Tenencia de la Tierra 1-20
2020Also available in:
No results found.The Land Tenure Journal is published by FAO as a medium for the dissemination of information and views on tenure of land and other natural resources in the framework of the Voluntary Guidelines for the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) which is a standard for FAO’s work on tenure. The audience consists of people having interest in tenure of land and other resources in its broadest technical, economic, political and social senses. The prime beneficiaries include practitioners and professionals from international and national agencies, central and local governments, civil society organizations and academia. Articles are published in English, French or Spanish. The content of the Journal reflects the versatile priorities of FAO’s Tenure Governance normative and field programs as well as priorities of the Journal’s audience. The Journal aims to present a holistic and politically, culturally and regionally diversified view on tenure of land and other natural resources.
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