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Session Chair: Patrick Lamson-Hall, New York University Marron Institute, United States of America
Transitions to land tenure rights based on the ‘living customary law’: innovations to secure land rights in peri-urban areas of sub-Saharan Africa
Emaculate Ingwani1, Simon Bekker2
1University of Venda, South Africa; 2Stellenbosch University
The ‘living’ customary land tenure system describes the shifting policies and practices that characterize access to land, and secure land rights emerging from peri-urban areas. These policies and practices illustrate legal pluralism: the existence of multiple legal systems within a given community or residential space. We use sub-Saharan case studies on Zimbabwe and South Africa to illustrate these research concerns. Generally, peri-urbanity is on the increase in most sub-Saharan Africa because of migration and urbanization processes resulting in increased mix of legal systems on access to land, and secure land rights in these areas. Participatory Geographic Information Systems is identified as a useful planning tool for peri-urban areas. Implementation of this planning tool in land allocation can enhance equity and security for all residents, including children, women, and the poor in particular.
Institutional Framework and Access to Land in Peri-urban Tanzania: A Perspective from Actors
Ardhi University, Tanzania
Peri-urban land access in Tanzania is adversely embroiled by the existing of two institutional arrangements; the formal and the informal. The operation of these arrangements is undertaken by different actors with divergent interests on peri-urban land. The aim of this study is to explore the existing institutional arrangements and to demonstrate actors’ views. Data were obtained through questionnaires, document analysis and in-depth interviews. Results indicate that although the guiding formal arrangement to access land is available, this process is complicated and characterized by overlapping power among the land authorities. Furthermore, it was revealed that although the informal process of access to land face challenges, it remains to be predominant as it is used to bridges the gap of high demands of serviced land. Therefore, the government with consultation with other actors may consider adoption of a new approach that can integrate all systems in order to establish a single one.
Planning rural areas in an urbanized world: Critical issue for Colombia
Margarita María Varón Perea1, Javier Caropresse1, Andres Mejía1, Angela Penagos2
1Colombia Rural, Colombia; 2RIMISP, Colombia
Municipality planning in Colombia has largely focused its efforts in studying urban demand for goods and services, especially in space demand for city growth. However, provision of goods and public services in rural areas has not been sufficiently addressed. There is no clarity upon how much rural area has to be protected to ensure food production and provision, to provide public services such as aqueduct and sewage systems or how to appropriately design and provide logistics and distribution services for producers in rural areas.
This paper studies the extent to which local governments engage with rural areas and their inhabitants in planning exercises and some of the barriers they could face with regards to land administration. Given the actual demographics -average age of 40 in rural areas - this paper argues that adequate planning for rural areas and provision of goods and services is crucial for people seeking opportunities and growth.