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08-07: Native Title and Land Registration
“Amazonas Dialog Forum”: Land Governance and Traditional Populations Rights in Brazilian Amazon
Instituto Internacional de Educação do Brasil, Brazil
The Brazilian Amazon still lack a defined property arrangement and land regularization which can guarantee traditional populations rights’ effectiveness and fulfillment. Insecurity in land tenure within Protected Areas affects communities development, constraining opportunities for income generation, access to public policies and deforestation. In response to this the "Amazonas Dialog Forum" was created in 2012 as a result of efforts channelized by three civil society organizations: Brazil’s International Education Institute (IEB), Land Pastoral Commission (CPT) and National Council for Extractive Populations (CNS). The objective is to promote land regularization in Protected Areas categorized as “Sustainable Use”, and to ensure traditional people´s social, economic and environmental rights, promoting their protagonism in the territorial planning agenda. Its approach is based on putting together national and state land agencies responsible for land regularization in Amazonas state, Brazil. Up to now, the “Forum” provided land documentation for around 1,468 families, regularizing approximately 2,3 million hectares.
Property Rights in Indigenous Communities in Canada: Factors Affecting Leasehold and Certificate of Possession Values
Natural Resources Canada
The leasehold market in Indigenous communities in Canada is bifurcated. It produces values at the level of comparable non-Indigenous communities (across 40% of the sample); it also produces significant discounts at the level noted by the courts (across 60% of the sample). For Certificates of Possession, the evidence is clearer: A market constrained by legislation and by community-preferences means that market values are discounted by some 88%. This research marks the first step; small sample sizes preclude further speculation. Suffice to say that the inconclusive results across the factors illustrates the variability and unpredictability of land/property markets in Indigenous communities, the effect of property rights, and the difficulty in measuring institutional costs and benefits. The findings should spur discussion and research into the viability of existing land tenure/land registration systems in Indigenous communities in Canada, as well as research into factors that affect market values.
Treaties and Land Governance - Whose Land is it Anyway?
National Native Title Tribunal, Australia
Widespread conflict over access to land followed the failure to recognize the existence of Indigenous land owners when Australia was first settled. The fiction of ‘terra nullius’ and the legal assumption that the "waste lands" of the Australian colonies were exclusively possessed by the Crown was not set aside until 1992 by the High Court.
The statutory scheme established in 1994 to recognise and protect native title encourages flexible agreement making about the use of land but the deeply ingrained view of some non-Indigenous Australians that Indigenous land rights are less meaningful than other forms of land tenure leads to poor land governance and is an underlying cause of conflict.
Australian First Nations are now calling for meaningful recognition through a "Makarrata" or treaty like process. This will allow land governance processes to be established which reconcile all land interests and reduce the potential for conflict.
Democracy & Communities: Catching Up with Changing Community Land Governance Around the World
Sustainable Development Goals for 2030 aim to see a rise in inclusive and accountable governance in most sectors. This paper examines where community-based land governance is going in the early 21st century. A sample from ten to 100 countries is used for different aspects of the research. The key hypotheses tested are: (a) that community based land governance is increasingly acknowledged as a sound direction for rural land governance to take, as testified by rising national law provision for this; and (b) that, despite the above, traditional chief-led decision-making, on the one hand, and state reluctance to surrender formalization powers, on the other, impede this trend. It is further hypothesised that this reflects conflicted ideologies towards democratic devolution and the accelerated interest of state parties in retaining controlling interests over untitled lands.