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11-11: Resolving dispute over land
The impact of land corruption on human rights. insights from transparency international 's land and corruption in Africa programme
1Transparency International Zimbabwe; 2Transparency International Kenya; 3Ghana Intergrity Intiative; 4Corruption Watch
As the United Nations Human Rights Office of the High Commissioner notes, land is not a mere commodity, but an essential element for the realization of human rights. The social, political and economic significance of land makes it susceptible to corruption. It is important to note that the endemic corruption in the land sector poses a huge threat to the realization of human rights that come along with access to, use of and control over land. Through profiling cases of Kenya, Ghana and Zimbabwe, this paper seeks to demonstrate how land corruption violates the human rights of citizens. The paper is also a call to action highlighting why it is important to fight corruption in the land sector. The paper is informed by a review of secondary data some of the data sources includes reports by Global Witness, FAO, TI, Landesa, TI National Chapters and DFID Land Legend.
An analysis of dispute resolution systems as a means to fighting land corruption and promotion of access to justice – the case of Kenya, Ghana and Zimbabwe
1Transparency International, Kenya; 2Ghana Integrity Initiative, Ghana; 3Transparency International, Zimbabwe
Many challenges bedevil the justice system in countries, thus leading to protracted resolution of land cases. These challenges not only fuel land corruption, but lead to immense violation of land rights. This paper seeks to analyse dispute resolution mechanisms as a means to fighting land corruption and promoting access to justice. It asserts the need to examine the legal, institutional reforms and progress made towards making access to justice for all a reality. It further proposes mapping out the existing formal and informal land dispute resolution mechanisms, strengthening their capacity and enhancing transparency and accountability in discharging their mandate.
Through analyzing case studies in Kenya, Ghana and Zimbabwe, the paper is framed within the nuances of Goal 16 of the Sustainable Development Goals on promoting peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.
Redress for land rights violations and the legal empowerment agenda
1International Institute for Environment and Development (IIED), United Kingdom; 2Tanzania Natural Resources Forum (TNRF), Tanzania; 3Global Legal Action Network (GLAN)
Pressures on land are growing in many low and middle-income countries. Despite significant international attention to ‘land grabbing’ and efforts to inject greater transparency into land deals, communities still struggle to effectively assert their rights in the face of large land-based investments. While there exists a plethora of redress mechanisms available to communities depending on the type of rights violations and type of investments triggering these violations, many community leaders and civil society organizations still find it daunting to navigate the process of filing a complaint for many of the reasons cited above. Thus, the volume of complaints remains low relative to the harms faced by rural communities in the global south. This paper will elaborate on new socio-legal empowerment strategies organizations are testing to promote achieve legal redress for victims of land rights violations.
Bylaws to improve land value and conflict resolution experience in Tanzania:
Tanzania Natural Resource Forum, Tanzania
In Tanzania especially, village areas most of villagers don’t have clear understanding value of their land and natural resources on it. This has led to conflict of land between villagers themselves and between farmers and pastoralists. Lack of enough understanding of Land has also led to Villagers selling their Land in low prices and even providing to investors just by given some promises which most of them are not fulfilled.