scholarly journals Pastoralism and Land Tenure Transformation in Sub-Saharan Africa: Conflicting Policies and Priorities in Ngamiland, Botswana

Land ◽  
2017 ◽  
Vol 6 (4) ◽  
pp. 89 ◽  
Author(s):  
Lenyeletse Basupi ◽  
Claire Quinn ◽  
Andrew Dougill
Keyword(s):  
Land Tenure ◽  
Sub Saharan Africa ◽  
Sub Saharan

A New Era of Customary Property Rights? – Liberia’s Land and Forest Legislation in Light of the Indigenous Right to Self-Determination

2019 ◽  
Vol 52 (4) ◽  
pp. 439-462
Author(s):  
Ricarda Rösch
Keyword(s):  
Property Rights ◽  
Land Tenure ◽  
Land Rights ◽  
Self Determination ◽  
Sub Saharan Africa ◽  
Starting Point ◽  
Sub Saharan ◽  
Forest Legislation ◽  
Customary Land ◽  
The Right

After the end of Liberia’s civil war in 2003, the country embarked upon the reform of its forest and land legislation. This culminated in the adoption of the 2009 Community Rights Law with Respect to Forest Lands and the 2018 Land Rights Act, which NGOs and donors have described as being amongst the most progressive laws in sub-Saharan Africa with regard to the recognition of customary land tenure. Given these actors commitment to human rights, this article takes the indigenous right to self-determination as a starting point for analysing customary property rights and their implementation in Liberia. This includes the examination of the Liberian concept of the 1) recognition and nature of customary land rights, 2) customary ownership of natural resources, 3) jurisdiction over customary land, 4) the prohibition of forcible removal, and 5) the right to free, prior and informed consent.

Some Swazi Views on Land Tenure

Africa ◽  
1962 ◽  
Vol 32 (3) ◽  
pp. 253-278 ◽  
Author(s):  
A. J. B. Hughes
Keyword(s):  
Social Control ◽  
Social Organization ◽  
Land Tenure ◽  
Social Order ◽  
Economic Change ◽  
Sub Saharan Africa ◽  
Modern World ◽  
Way Of Life ◽  
Sub Saharan ◽  
Opening Paragraph

Opening ParagraphVirtually all sub-Saharan Africa is in the throes of rapid social and economic change. The recent fashion for meteorological allegories has merely served to stress the fact that these changes are also causing very considerable problems. The dilemma facing most administrations throughout the continent is that while much of the old way of life must inevitably disappear if the tribal groups involved are to hope to survive as viable populations in the modern world, this same process can, if it occurs too fast, threaten the whole social order and the systems of social control and social organization, which have hitherto bound them together as groups and governed the day-to-day lives of their members.

scholarly journals The Effect of the Sub-Saharan African Gender Divide on the Rights and Status of Women in a Globalized World

2014 ◽  
Vol 1 ◽  
Author(s):  
Toni Shoola
Keyword(s):  
Political Participation ◽  
Land Tenure ◽  
Sub Saharan Africa ◽  
Legal Rights ◽  
Economics Education ◽  
Gender Divide ◽  
Sub Saharan ◽  
Health Rights ◽  
Globalized World ◽  
Status Of Women

Sub-Saharan Africa is home to a substantial gender divide that encompasses numerous aspects of life. Though this divide is a historic reality for Sub-Saharan Africa, the recent and current process of globalization has also had both negative and positive impacts on the gender divide. This paper provides a look at the gender divide in Sub-Saharan Africa from a theoretical and historical framework that goes on to explore various facets of life including economics, education, land tenure, legal rights, political participation, and health rights. In addition, one countermovement to the pervasive gender divide, African feminisms, is analyzed.

scholarly journals The Legal Status of Customary Land Tenure Systems and the Protection of Communal Property in Cameroon

2018 ◽  
pp. 102-126
Author(s):  
Walters Nsoh
Keyword(s):  
Land Tenure ◽  
Legal Status ◽  
Sub Saharan Africa ◽  
African Countries ◽  
Post Colonial ◽  
Communal Property ◽  
Sub Saharan ◽  
Broad Interpretation ◽  
Customary Land ◽  
Land Tenure Systems

The ownership and utilisation of communal property are very much tied to the modern land tenure systems of most sub-Saharan African countries, which nevertheless still rely on the customary land tenure system to operate. But how exactly do the customary land tenure systems which remain operational in many parts of Africa fit into contemporary land ownership and use structures? Drawing on a broad interpretation of (African) customary land tenure and its elements, including its communal interest element, this chapter assesses the extent to which law and practice in Cameroon are developing and protecting communal property. Using developments in the protection of collective forest rights as an example, it demonstrates the continuous difficulty in reconciling Western land law principles on the ownership and use of communal property with customary land tenure systems in post-colonial sub-Saharan African societies, and the implications this may have for the wider rule of law in contemporary sub-Saharan Africa.

scholarly journals Differentiations in Women’s Land Tenure Experiences: Implications for Women’s Land Access and Tenure Security in Sub-Saharan Africa

Land ◽  
2019 ◽  
Vol 8 (2) ◽  
pp. 22 ◽  
Author(s):  
Uchendu Chigbu ◽  
Gaynor Paradza ◽  
Walter Dachaga
Keyword(s):  
Land Tenure ◽  
Sub Saharan Africa ◽  
Policy Recommendations ◽  
Tenure Security ◽  
Gender Group ◽  
Homogenous Group ◽  
Land Access ◽  
Sub Saharan

Most literature on land tenure in sub-Saharan Africa has presented women as a homogenous group. This study uses evidence from Ghana, Nigeria, and Zimbabwe to show that women have differentiated problems, needs, and statuses in their quest for land access and tenure security. It illustrates how women-to-women differences influence women’s access to land. By investigating differentiations in women’s land tenure in the three countries, the study identifies multiple and somewhat interlinked ways in which differentiations exist in women’s land tenure. It achieved some key outcomes. The findings include a matrix of factors that differentiate women’s land access and tenure security, a visualisation of women’s differentiation in land tenure showing possible modes for actions, and an adaptable approach for operationalising women’s differentiation in land tenure policies (among others). Using these as evidence, it argues that women are a highly differentiated gender group, and the only thing homogenous in the three cases is that women are heterogeneous in their land tenure experiences. It concludes that an emphasis on how the differentiation among women allows for significant insight to emerge into how they experience tenure access differently is essential in improving the tenure security of women. Finally, it makes policy recommendations.

Women Access to Land and Legal Security of Tenure in Ohafia Abia State Nigeria

2021 ◽  
Vol 7 (4) ◽  
pp. 45-51
Author(s):  
Chidinma J Nwobi ◽  
◽  
Eugene E Kalu
Keyword(s):  
Decision Making ◽  
Land Tenure ◽  
Rural Women ◽  
Quantitative Methods ◽  
Sub Saharan Africa ◽  
Structured Interviews ◽  
Gender Integration ◽  
Qualitative And Quantitative Methods ◽  
Sub Saharan ◽  
Legal Security

Across the developing world, rural women suffer widespread gender-based discrimination in laws, customs and practices which cause severe inequalities in their ability to access, control, own and use land and limit their participation in decision-making at all levels of land governance. Most literature on land tenure in sub-Saharan Africa has presented women as a homogenous group. This study uses cases from Ohafia to show that women have differentiated problems, needs, and statuses in their quest for land access and tenure security. Ohafia in Abia State, Nigeria was the study area. The study employed both qualitative and quantitative methods including household surveys, semi-structured interviews, key informant interviews and observations. The experience of women revolved around fear of been cheated (19.7%), need a supporting hand (46.8%) and need approval from their husband (33.6%). The consequences of perceived exclusion and/or marginalization of women as revealed by women owner-occupiers are women subordination (70.2%) and marginalization of widow (29.8%). The study recommends the promotion of gender integration at all levels of projects and programmes by integrating gender perspectives in all future activities as it is required, for example, the FAO Gender Plan of Action and the UNCHS. To ensure gender inclusiveness in project and programme planning and in policy and decision-making, aiming towards a balanced representation of men and women in these bodies. Keywords: Land, Land Rights, Land Tenure, Women, Legal Security of Tenure

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