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This issue of the Land Tenure Journal includes a geographically and technically diverse range of papers covering Europe, Africa, and Asia. They cover a variety of different situations where land tenure plays a key role in improving food security and reducing poverty: from land consolidation as an alternative to compulsory land acquisition in Germany; to rural land markets and land concentration in Romania; to the impact of secured land rights on crop productivity in Pakistan; to customary land associations and sustainability issues in Papua New Guinea; to addressing land conflicts in the Democratic Republic of the Congo (DRC) through a Green Negotiated Territorial Development approach.
The Land Tenure Journal is a peer-reviewed, open-access journal aiming to disseminate quality information and diversified views on land and natural resources tenure. This issue of the FAO Land Tenure Journal includes seven articles with information and experiences on small-scale fisheries around the globe.
Gender equality is one of the ten core principles of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security. This guide aims to assist in its implementation through the achievement of responsible gender-equitable governance of land tenure. The guide focuses on equity and on how land tenure can be governed in ways that address the different needs and priorities of women and men. Gender-equitable governance of land tenure ensures that women and men can participate equally in their relationships to land, through both formal institutions and informal arrangements for land administration and management. The guide provides advice on mechanisms, strategies and actions that can be adopted to improve gender equity in the processes, institutions and activities of land tenure governance.
In line with the conventional view that customary land rights impede agricultural development, the traditional tenure system in Nigeria has been perceived to obstruct the achievement of efficient development and agricultural transformation. This led to the Land Use Act (LUA) of 1978. As a remedial measure to the perceived inadequacy of the traditional tenure system, the act nationalized the control of all land, empowering state governors and local governments with administration and manage-ment of land.1 The act conferred on state governors the custodian right to provide use rights (i.e., the ‘right of occupancy’) for land users in their state, dissolving any possessory (freehold) rights to land which were granted by the customary system.
Irregular or illegal housing constitutes the ordinary condition of popular urban housing in the Middle East. Considering the conditions of daily practices related to land and tenure mobilization and of housing, neighborhood shaping, transactions, and conflict resolution, this book offers a new reading of government action in the cities of Amman, Beirut, Damascus, Istanbul, and Cairo, focussing on the participation of ordinary citizens and their interactions with state apparatus specifically located within the urban space. The book adopts a praxeological approach to law that describes how inhabitants define and exercise their legality in practice and daily routines. The ambition of the volume is to restore the continuum in the consolidation, building after building, of the popular neighborhoods of the cities under study, while demonstrating the closely-knit social relationships and other forms of community bonding.
This book explores an interdisciplinary field at the intersection of gender and development studies, disaster and land tenure policy. It is well known that women generally have weaker claims to land. But how does that translate to increased vulnerability during disaster? Using case studies from Asia, this book argues that land tenure is a key factor in mitigating the impact of disasters on women. The scale and frequency of disasters have been increasing in recent decades due to human impact on the landscape and climate. Unsustainable farming and land management systems have increased environmental risks and social vulnerabilities. However, around the world the costs of disasters are disproportionately borne by women, due largely to their reduced mobility and lack of control over assets. In post-disaster settings, women’s vulnerabilities increase due to gendered rescue and rehabilitation practices. As such, a gendered approach to land rights is critical to disaster preparedness and recovery.
The Color of the Land brings the histories of Creek Indians, African Americans, and whites in Oklahoma together into one story that explores the way races and nations were made and remade in conflicts over who would own land, who would farm it, and who would rule it. This story disrupts expected narratives of the American past, revealing how identities--race, nation, and class--took new forms in struggles over the creation of different systems of property. Conflicts were unleashed by a series of sweeping changes: the forced "removal" of the Creeks from their homeland to Oklahoma in the 1830s, the transformation of the Creeks' enslaved black population into landed black Creek citizens after the Civil War, the imposition of statehood and private landownership at the turn of the twentieth century, and the entrenchment of a sharecropping economy and white supremacy in the following decades. In struggles over land, wealth, and power, Oklahomans actively defined and redefined what it meant to be Native American, African American, or white. By telling this story, David Chang contributes to the history of racial construction and nationalism as well as to southern, western, and Native American history.
This sociolegal study focuses on the political, legal and institutional problems and dilemmas of regulating land tenure. By studying the development of the Timorese formal land tenure system, this book engages in the larger debate about the role of state systems in addressing and aggravating social problems such as insecurity, poverty, inequality, destruction of nature, and cultural and social estrangement. Land tenure issues in Timor-Leste are complex and deeply shaped by the nation’s history. Taking an insider’s perspective based on the author’s experience in Timorese state administration, and through the investigation of five analytical themes –political environment, lawmaking, legal framework, institutional framework, and social relationships and practices– this book studies the development of the Timorese formal land tenure system from independence in 2002 to 2018. It shows how political, legal, and administrative decisions on land administration are made, what and who influences them, which problems and dilemmas emerge, and how the formal system works in practice. The result is a portrait of a young nation grappling with the enormous task of creating a land tenure system that can address the needs of its citizens in the wake of centuries of socio-political tumult and huge fluctuations in resources. The book concludes by highlighting the importance of lawmaking and how abuses of power can be curbed by adequate administrative processes and laws. Finally, it argues that land administration is primarily a political matter. The political dimension of technical solutions must be considered if we aim to achieve fairer formal land tenure systems. The pertinence of the topics covered, the multi-disciplinary perspective, and the research methodology followed make this book appealing to a variety of readers, including international organizations, practitioners, academics and students engaged in land administration, post-colonial and -conflict issues, lawmaking, rule of law, public administration and issues of access and exclusion.