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05-08: New ways of registering customary land
Addressing fuzzy boundaries in community delimitations for systematic cadaster in Mozambique
1National Directorate of Lands, Mozambique; 2EXI, Lda, Mozambique; 3Verde Azul, Lda, Mozambique; 4Kadaster, The Netherlands
This article draws from experiences conducted regarding the systematic land tenure registration in Mozambique, both for communities and individual occupants. It is constitutional obligation of the State to recognize these rights. The recognition of land rights involves the definition of limits and boundaries. While boundaries are interpreted as discontinuities in people to land relationships, cases have been found of harmonious joint use of the same area by different communities. Disputes over boundaries have potentially serious consequences for social and economic stability, and must then be avoided.. The proposed solution is the explicit incorporation of the knowledge of these discrepancies, overlaps and uncertainties in the tools for systematic registration of community and individual land rights and its maintenance. Field staff and communities shall be trained to adequately employ such tools. A specific land use category of areas with overlapping community land use rights.
Moving from debate to implementation: Opportunities for Community Land Registration in Kenya
Food and Agriculture Organization of the United Nations, Kenya
Drawing lessons from the experience in implementing of the European Union (EU) funded Communal Land Governance Programme by The Food and Agriculture Organization of the United Nations (FAO) in the 8 ASAL counties of Kenya, this paper highlights opportunities the government (national and county) of Kenya should take advantage of to ensure that registration of community land is participatory, practical and cost-efficient. Additionally, the paper discusses these opportunities with an awareness of the history of inter-community conflict over territory, and forms of elite capture that happen during community engagement on access and use of land and land-based resources. The paper takes into account the realities of communities' nomadic way of life, and the vastness of the land to be registered as well as the limited technical personnel to carry out the registration process.
“Grazing agreements: negotiated resource access and conflict mediation at the private property-common property nexus in Kenya’s rangelands”
Independent Consultant, United States of America
Pastoralist access to private property is increasingly being mediated through formal, contractual arrangements. This paper explores how formalizing access provisions through the grazing agreement contract provides significant benefits to both parties of the arrangement. The engagement of formal access agreements observed in this case study
demonstrates institutional innovation on the part of both ranchers and pastoralists. Drawing on original field work as well as academic reference literature, this paper expands on the grazing agreement concept and explain its benefits from the perspective of private property management, natural resource management, conflict management and prevention, and its contributions to pastoralist rangelands property rights strategy. Grazing agreements can be leveraged to maintain and defend property rights while also creating additional opportunities for the pastoralist production strategy. This arrangement involving resource allocation has implications for resource access in pastoralist production and for rangelands governance.
Social and institutional innovation in land reform: local land charters in Burkina
DID international, Burkina Faso
Customary land right is one of the most challenging issues which need to be adequately addressed if land is to play its proper role in African development. The Burkina land reform adopted a bold innovation known as the “local land charters” (LLCs), inspired by principles of decentralization and empowerment of local communities and aiming at reflecting the diversity of land customs.
While LLCs seem a promising avenue for making the land laws more effective on the ground, the innovation fosters resistances from land administration agencies as it it challenges the dominant perception of land as a set standardized norms applicable at national level. It also questions the short term nature of donor led land projects
The paper discusses the generating factors of LLCs and analyses the conditions under which social and institutional innovation in land can be not just a theoretical construction, but a powerful change factor