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01-08: Challenges to be Addressed in Protecting Communal Rights
Land Use Rights, Land Governance Institutions, and Tenure Security Indicators in a Pastoral Community: Evidence from a Baseline Study in the Afar Region, Ethiopia
1The Cloudburst Group, United States of America; 2USAID, United States of America
Historically, the Afar region of Ethiopia has been populated by pastoralist communities, but their migratory and herding patterns may be threatened by commercial interests or conflicts with other ethnic groups. This paper presents exploratory baseline findings from an impact evaluation of USAID’s ongoing Land Administration to Nurture Development (LAND, 2013–2018) project in the Afar region of Ethiopia. Drawing on survey and qualitative data, the first objective of the paper is to present the customary governance context in the study area, and evaluate perceived strengths and weakness of local customary land governance systems to navigate tenure security pressures. The second objective is to explore perceptions of specific outside actors that potentially threaten tenure security: the government, private sector investors, and other ethnic groups. The paper also explores the content of tenure security in practice, such as specific examples or descriptions of land access, documentation, reallocation, and conflict. The primary data used in this study represents an important opportunity to understand the health of the pastoral land use systems in this region and the prevalence and severity of land access challenges, which may be less pervasive than suggested in other reports that are based on a smaller sample size.
Towards Securing Community Land Tenure in Kenya A Holistic Approach To Community-Based Natural Resource Governance:
Food and Agriculture Organization of the United Nations, Kenya
In Kenya a constitutional milestone that was achieved within the new constitutional dispensation was the recognition of ‘Community Land’ as one of the three legal land categories in Kenya; the others being private and public land. Indeed, directly vests ownership of all community land in communities that are identified on the basis of ethnicity, culture or similar community interests. It further emphasized the need for legal Recognition, Protection and Registration of communal land rights. The enactment of the Community Land Act 2016 actualizes the constitution.
The Participatory Land Delimitation (PLD) process that FAO had already been tested in countries various countries. For the case of Kenya, there was an additional challenge to consider: these were not sedentary farmers whose land have a fixed set of recognizable boundaries in terms of land use, these were pastoralist and mobile communities who use and perceive land differently. This dynamic demanded a much higher level of engagement not with the community in question but with the other neighboring and moving pastoralists whose land use was also determined by the rain and available pastures. This is seen in the case of Wayu community of Tana River County and Lokichar area of Turkana County of Kenya.
Strengthening Security of Tenure for Indigenous Bedouins in the West Bank
Norwegian Refugee Council, Palestine
The Bedouin in the West Bank – a Palestinian territory occupied by Israel – are a semi-nomadic people who have lived in southern historical Palestine at least since the seventh century and survived mostly by grazing their flocks. They originate from the Negev/Naqab desert, from which they were compelled to flee during and following the 1948 Arab-Israeli war. Following the 1967 war and the occupation of the West Bank by Israel, the Bedouin residing in the area are under the effective control of Israel as the occupying power. The Bedouin communities in the area have undergone several displacement waves and are constantly struggling to prevent further displacement brought about by numerous factors, including: border changes; the establishment of Israeli settlements; the construction of roads and infrastructure around the settlements; the construction of the separation wall; closure of areas for military training purposes; lack of formal land title; and lack of adequate planning schemes which make any and every building illegal under the existing planning laws and therefore in threat of demolition. Combined, these have produced a reality of tenure insecurity for the Bedouin communities of the West Bank, with devastating humanitarian implications that warrant timely and effective response by the international community.
Resilient Pastoral Institution for a Changing Environment: the case of the Stock Routes Co-Management Approach in Western Sudan
1International Fund for Agricultural Development; 2Western Sudan Resource Management Program
The paper aims at investigating the Stock-Route Co-management model developed and spearheaded by the Western Sudan Resource Management Program (WSRMP) through an incremental process of institutional innovation over a 10 years period. The approach's model pilot application on two model Stock Routes is presented. Preliminary results supporting WSRP's efforts to bridge the divide between formal and customary institutions are discussed, especially in relation to its scaling up and replication potential across the greater Kordofan region and wider linkages with other developmental effort. It concludes with good practices and lessons learnt for other countries, especially in the Horn of African & Sahel region.