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08-13: Mechanisms to Formalize Community Rights
Breaking the Mould:Lessons for Implementing Community Land Rights in Kenya
University of Naiorbi, Kenya
The adoption of the Constitution of Kenya, 2010 ushered in the legal recognition of community land rights in Kenya. Translating these provisions into actual practice is fundamental to the realization of the rights of communities in Kenya. This will catapult communal arrangements for land holding and management from the shadows of the law to the forefront of legal regulation of land rights. The presentation is based on a book edited and launched just a few weeks before the enactment of Kenya’s Community Land Act in 2016. The book, based on lessons from South Africa and Brazil, demonstrates that constitutional provisions on their own are insufficient to deliver real security of tenure and access to land-based resources to citizens. They require detailed supportive legislative enactments, administrative arrangements and complementary community of practice on the ground.
The presentation makes the case that both the text of the Community Land Act and its implementation has to take into account the reality that while tenure in traditional and communitarian settings differs from modern conceptions both have undergone transformation over the years hence the need for innovation and adaptation.
Investigating Community Knowledge Of Rural Land Resources In The Yway Gone Village Tract,Bago Region, Myanmar
Tetra Tech, United States of America
In Myanmar, seventy percent (70%) of the population live in rural areas and rely on agriculture for their livelihoods. It is essential for these citizens, particularly the most vulnerable i.e. women and ethnic minorities, that use and tenure rights are recognized thereby supporting more equitable economic growth for all.
The agricultural sector of Myanmar has long suffered due to poor national level policies, weak land use planning, and a lack of enforcement of land related laws and regulations, a situation exacerbated by the absence of formal tenure security for many individuals and communities. The new era of political transparency beginning in 2011 which ultimately led to the new, democratically elected administration in 2016 has heralded an era of rapid political and economic transition, something that is clearly evident in the formulation of policies that impact rural populations as well as foreign investment. A National Land Use Policy (NLUP) now exists that will form the basis for the future development of a new National Land Law.
This paper explores the degree to which a rural community in Myanmar understands existing land resource management practices with a view to documenting what future actions would necessary to safeguard presently informal tenure arrangements.
Development of Pro-poor and Gender Responsive System (ProGResS) of Land Governance in Nepal
1Ministry of Land Reform and Management, Nepal; 2UNHABITAT Nepal; 3Department of Civil and Geomatics Engineering, Kathmandu University; 4Project Engineering and Environmental Studies [PEES] Consultant (P) Ltd., Nepal; 5Department of Land Information and Archive, Ministry of Land Reform and Management
The Land Administration System (LAS) of Nepal experiences two major lacking from pro-poor and gender responsive perspective of governance; 1) It lacks pro-poor and gender responsive socio-economic data of the land owners 2) It lacks information on informal land tenure under which a large number of people are leaving with unsecured tenure and without formal spatial recognition.
Most of the people suffering from these two major pitfall of Nepalese LAS are poor, marginalized and Socio-Economically Disadvantaged (SED) people, especially the women and children. Because of the absence of pro-poor and gender responsive information in the LAS, it is difficult to formulate evidence based policies and make informed decision to ensure equitable access and meaningful control over land for the target group.
This study investigates development of Pro-poor and Gender Responsive System (ProGResS) of land governance. Existing LAS in Nepal is extended with the development of three new modules for Data Acquisition, Data Analysis and Data Dissemination. Identification, Verification and Recording (IVR) process was carried out in participatory approach in the selected study area to collect primary data on informality and socio-economic status of land owners. The ProGresS was tested and validated widely among the stakeholders and results are found encouraging.
Responsible Governance To Secure Land Rights Of Single-Women – An Example From Odisha (India)
Landesa (Rural Development Institute), India
The state’s land and welfare programs in Odisha (India) leave behind a group that remains “invisible” to policymakers: rural single women. In strongly patriarchal societies, these women end up being “absorbed” by a larger household which denies them exclusive rights to access land and other public entitlements. Landesa, in partnership with the state government, designed an approach to identify women in this category of risk by establishing a Women Support Centre (WSC) that operates from the sub-district level land administration office and facilitating their entitlements. Initially, the program was piloted in one sub-district and subsequently scaled to seven districts with 88 WSCs.
Using field data and qualitative information from four districts, this paper (i) describes the enumeration mechanism introduced to count the women who previously remained invisible to the system and how they are then assisted to be included in both land and social security programs; (ii) presents the successes and challenges in implementing this approach to date; (iii) discusses how an effective management information system (MIS) developed is helping to improve governance by allowing easy access to information about beneficiaries across programs;(iv) describes what it would take to scale it to other settings; and (v) makes policy recommendations.