Dissertations / Theses on the topic 'Gove Land rights case'
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1
Fabbriciani, Antonio Antonino. "Land reform policies and human rights : a South African case study." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/502.
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This treatise begins with a discussion of different clauses of the Bill of Rights in the South African Constitution and the land reform policies of the South African government. The inequality and injustice caused by decades of apartheid land law forms the background of the land reform programme. The treatise addresses the consequences of this legacy on the implementation of the South African Constitution including the right to property. The discussion includes the three key elements of the land reform programme namely restitution, redistribution and tenure reform. The content of this treatise ranges over these three elements of land reform, applying constitutional issues to the relevant case law, The balancing and the reconciliation of rights and interest between the individual and the public in a just manner will be the barometer. The conclusion shows that the Constitution both protects existing rights and authorises the promotion of land reform within the framework of Section 25 of the Constitution, and that every aspect of the property clause has to be regarded as part of a constitional effort in balancing individual interest and public interest in terms of a constitutional order. It is my sincere hope that this treatise will contribute toward the achievement of equity, stability and by the values of an open and democratic society based on human dignity, freedom and human rights.
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Dirimanova, Violeta. "Economic effects of land fragmentation : property rights, land markets and contracts in Bulgaria /." Aachen : Shaker, 2008. http://www.gbv.de/dms/zbw/562087699.pdf.
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Asantemungu, Raphael Ernest. "Women and Land Ownership Rights in Kilimanjaro : A Tension between Women Land Ownership Rights and Culture: A case of Moshi Rural District Tanzania." Thesis, Norges teknisk-naturvitenskapelige universitet, Geografisk institutt, 2011. http://urn.kb.se/resolve?urn=urn:nbn:no:ntnu:diva-17024.
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Despite the efforts and strategies geared towards women in realizing property rights in terms of empowerment, participation and decision making in the global context today many African societies are still characterized by social economic and political inequalities between men and women. This situation is worse in Tanzania rural areas where women land rights are violated as result of culture being regarded as a daily routine that provide the basis and ways in which land is owned and distributed. This study focuses on women and land ownership rights. An attempt has been made to examine the contexts in which the state laws and policies give women rights to own land. With a special use of Rights based Approaches and feminist perspectives in particular WDC. The study has articulated some reasons as to why women land rights are not fully realized at a village and clan level in Moshi Rural in Tanzania. A qualitative research methodology is the main tool for generating research materials during the research process. Emphasis in this is laid on research interviews, field observation and a study of secondary research sources has also been used in situations where it is preferred. The study has examined the ways in which land rights for women are offered and practiced at the local level. In this regard, it is revealed that women‟s land rights are facing many challenges which are grounded in culture in the way power relations, participation and empowerment is shaped. Moreover, it is revealed that Land Laws for women which are defined by the statutory laws are facing contradictions with customary laws something which has created conflict and tension with land rights for women. In this way it has been observed that, the duty holders for rights play a limited role in helping women to realize their rights. In addition, the task for promoting land rights in terms of advocacy and legal aid provision for women which is largely done by NGOs is facing some problems in terms of coverage. The study finds that, NGOs are town oriented while many problems for women‟s land rights rife in rural areas. This situation has made many women to have limited knowledge about these NGOs and their activities. Moreover, the study reveals that land is the powerful means of livelihood provisions for women hence denial for women land rights has a profound impacts for their lives. For example lack for women land rights could make women to find it difficult to get food, settlement, credit and many other live necessities. This has increased the level of poverty on the part of women. With respect to remedy the challenges and difficulties faced by women in land ownership rights, an immediate law and policy reforms pertaining land rights have been suggested, with an effort to sensitize the society about these reforms. These could go hand in hand with effective implementation of reformed laws to be practiced both at national and local level.
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Hung, Hae. "Equity and zoning in land use planning : the case of Taiwan." Thesis, University of Reading, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260869.
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Lidström, Karin. "The Matrilineal Puzzle : Women's Land Rights in Mozambique- Case study: Niassa Province." Thesis, Uppsala universitet, Institutionen för geovetenskaper, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-232909.
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This thesis aims to shed light on issues related to women’s rights to access and benefit from land in matrilineal communities in rural, northern Mozambique. It portrays the environment in which organisations working with implementation of land rights operate as well as proposes conclusions on the core obstacles to their work. A qualitative study was conducted and forms the basis of the study and is complemented with previous research on this topic. Women in rural, matrilineal communities in northern Mozambique are not equal with their male counterparts and they hold a lower social position despite the alleged matrilineal structure. However, they appear to be less marginalised than women in southern, patrilineal Mozambique, which suggests that the matrilineal structure does have a positive effect on the lives of the rural women. Furthermore, this study shows that the obstacles when implementing women’s land rights can be summarised as: (i) strong patriarchal attitudes, (ii) an insufficient level of education that excludes women from decision-making and (iii) a too narrow understanding of the gender-power relations.
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Dedigama, Anne C. "A case for hybridisation of land registration systems: Case study (Sri Lanka)." Thesis, Queensland University of Technology, 2016. https://eprints.qut.edu.au/97936/6/Anne_Dedigama_Thesis.pdf.
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Using Sri Lanka as a case study, this thesis proposes hybridisation of land registration systems comprising features that address the unique local needs and challenges as an alternative to full transplantation of Torrens title registration system to other jurisdictions. The central premise of the thesis is that a hybrid system is uniquely tailored and equipped to address local conditions. The findings of this analysis is utilised to articulate recommendations for Sri Lanka to be used as a set of practical guidelines. These recommendations can also be used as a guide by other countries and aid organisations when modernising land registration systems.
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Van, Woudenberg Gerdine. "The political constitution of indigenous land struggles, a case study of the Aboriginal rights; trickster." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0002/MQ43331.pdf.
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Mangu, Muyamba. "Protected areas and land rights for local communities : the case study of Luki Reserve (DRC)." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/67787.
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Land rights have received some attention as an issue concerning property rights. It
has been considered as an important right for the local communities living around or
across protected areas. However, the right to land is almost absent from international
instruments of human rights. Land rights are not typically perceived to be a human
rights issue.1 Land rights is corporeal hereditament as they are physical or tangible
objects incorporated in land while rights to land is incorporeal which fall under property
rights. In the same vein, rights to land “broadly refer to rights to use, control, and
transfer a parcel of land, and include the rights to: occupy, enjoy and use land and
resources; restrict or exclude others from land; transfer, sell, purchase, grant or loan;
inherit and bequeath; develop or improve; rent or sublet; and benefit from improved
land values or rental income”.2 Legally, according to Gilbert, land rights fall in the
“categories of land laws, land tenure agreements but they are rarely associated with
human rights law”.3 Internationally, there is no treaty or any specific declaration that
refers to human rights to land.4 Even land rights are absent from international
instruments of human rights. The African Charter on Human and Peoples’ Rights
stipulates in article 14: “the right to property shall be guaranteed. It may only be
encroached upon in the interest of public need or in the general interest of the
community and in accordance with the provisions of appropriate laws”5. This can be
construed to cater for land rights in international law.
Land dispossession has a negative impact on the local communities and on all
mankind as it impacts on their livelihood and also has a negative impact on the
environment. It is extremely true that local communities also want to share the
resources of their land and to benefit from them. The establishment of protected areas
is a worldwide practice that intends to defend biodiversity and wildlife from human development.6 Such a policy tends to neglect the rights of local communities, generally
in the practice of protected areas. Most protected areas have followed the
conventional and exclusionary approach that was applied at Yellowstone7 in 1972 and
have failed to fully integrate other important factors such as social and cultural issues.
The dispossession of land can be considered as a restrictive measure that imposes
difficult and most of the time conflicting effects to the people settled around protected
areas. The dispossession of land has triggered adverse social impacts on local
communities in some cases by disrupting their traditional ways of living and limiting
their control of and access to resources.8 The dispossession of land undermines
protection policies through conflicts between protected area managers and local
communities. The prohibition of communities from their land without consultation
violates the obligations for free, prior and informed consent (FPIC).
This study investigates the human rights implications on protected land of Luki
Reserve in the Democratic Republic of the Congo (DRC). It will also explore the DRC
land rights framework and their implications on socio-economic rights of local
communities such as: the right to food, right to clean water, right to housing, right to
health and the right to culture.Mini Dissertation (MPhil)--University of Pretoria, 2018.
Centre for Human Rights
MPhil
Unrestricted
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Van, Woudenberg Gerdine (Gerdine Marinna) Carleton University Dissertation International Affairs. "The Political constitution of indigenous land struggles; a case study of the aboriginal 'rights' trickster." Ottawa, 1999.
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Wu, Yintao. "Composite property rights and boundary-treading resistance: a case study of C county in Eastern Sichuan." HKBU Institutional Repository, 2017. https://repository.hkbu.edu.hk/etd_oa/465.
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1.1\xThis thesis studies land expropriation disputes from the angle of property right, exploring its origins from the relationships between township (town) government and villagers, village collective and villagers, and different villagers, focusing on peasants' resisting low land expropriation compensation instead of their fighting against land expropriation. Specifically, this research will discuss three questions. What is the nature of property right? How had the landed property rights been regulated and adjudicated? How do women gain and loss their land rights and interests?;1.2\xIn terms of the nature of property right, two kinds of idea are widely spread in academic circle; the first follows a materialist-legalist viewpoint and considers property rights as a bundle of rights, whereas the second adopts a constructivist perspective and considers property rights as a network of social relations. With defected land institutions and peasants' complicated social life, both of the two ideas cannot provide a suitable explanation for some new phenomena in land expropriation disputes, leaving a gap between property right theory and practice. Building on the foundation of Zhang Xiaojun's (2007) idea of "multiple property rights" and drawing upon Pierre Bourdieu's discussion of capitals, this research will propose the idea of "composite property rights" to systematize the discussion. This concept examines the transformation of symbolic, social, and cultural capital into economic capital, and in turn the transformation of economic capital into property rights. In so doing, I hope to provide a better framework for understanding the mechanisms through which various capitals can be mobilized to "realize" the landed property rights.;1.3\xSince this research regards composite property rights as the nature of property right, the answer of the second research question then transfers into: what are the characteristics of the practical logic of composite property rights? Basing the rationale of resistance on peasants' local perception of land rights, peasants explore an action strategy, boundary-treading resistance. This concept reveals their tactics on three different relationships. First, as to the relation with the state, the peasants' resistance treads on state laws and land institution by taking advantage of their capitals. Second, in terms of the relation with local government and developers, their strategies rely on probing counterparty's loopholes, treading on boundaries of administrative enforcement of policy. Third, in regard to the relation among villagers or familial relationship, their behaviors challenges the village rules and traditions, treading on the boundaries of traditional moral principles.;1.4\xIn order to use the two concepts, this research specifically analyzes women's striving for land rights and interests. After building a framework of membership, this research transfers the third research question into a specific one: since rural land is owned by rural collective economic organization, how can an individual become its member? In sum, women's tactics include (1) taking full advantage of village collective's self-contradictory decision which admits their huji but refuses their cuji, (2) revoking their previous promise, and (3) exploring the loophole of household register management. During their striving for membership, they utilize their various capitals: (1) they use money as deposit to get villagers meeting's support, or gift to gain cadre's favor, to move in/back their huji, (2) with their relatives' help, they can get information and other support.;1.5\xBy attaching all kinds of capitals to the property right transformation from economic capital to economic property right, peasants' resources can be transformed into capitals; and these capitals enter their citizen life, alleviating their pauperization. At the same time, boundary-treading resistance characterizes land-lost peasants as peasant-citizens who keenly take petty advantage of others and merely try to be smart, so their resistance has a long way to catch up with safeguarding rights of citizen.
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Böning, Frank. "Accessing land at the agricultural frontier a case study from the Honduran Mosquitia." Aachen Shaker, 2007. http://d-nb.info/989019144/04.
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Moyo, Kerbina. "Women's Access to Land in Tanzania : The Case of the Makete District." Doctoral thesis, KTH, Fastighetsvetenskap, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-202913.
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Access to land is crucial for combating discrimination. Women who are denied such access tend to be disadvantaged, a pattern that results in economic powerlessness. Tanzana is among the most undeveloped nations in the world, where gender inequalities with respect to accessing land are central problems. This study consequently aims at investigating women's access to land through customary land tenure in the Makete district in Tanzania. A case study strategy was adopted to address the research problem, whereby interviews, focus group discussions and documentary reviews were the main data collection methods. The findings indicate that the majority of women within villages are illiterate; unaware of any existing entitlements and lacking insufficient assets to fight for their rights, and that their involvement in land administration institutions is limited. At the familiy level, daughters and women are deprived of any right to possess land through inheritance because relatives believe they will be married to other families from which they will then gain access to land. This generally has been proven not to be the case. After marriage, women commonly are apportioned land strictly for crop cultivation (usufruct rights). Consequently, there are many challenges in realising women's property rights in Tanzania. These challenges include the dualisim of the property rights system: customary tenure operates alongside statutory tenure; inadequate knowledge about women's property rights by both women and men; negative attitudes towards women's influence, position, capability and reputation; outdated customs; archaic and conflicting interests in laws; and lack of legal capacity (empowerment) as to property rights. The most important tools for meeting these challenges include education and awareness campaigns that are designed to build the capacity of citizens as to the necessity of equity in access to property rights (land) using various legal tools at varying levels. Other measures include amending and repealing outdated laws, including provisons dicriminating against women's property rights and contradicting constitutional provisons and other international instruments. Other avenues are advocacy and working for behavioural chages can also be invoked by empowering individuals at all stages of life, supporting their involvement in productive activities and creating group networks, and facilitating the formation of community-based organisations as well as building capacity by mainstreaming land adminstration institutions.QC 20170315
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Ojulu, Ojot Miru. "Large-scale land acquisitions and minorities/indigenous peoples' rights under ethnic federalism in Ethiopia : a case study of Gambella Regional State." Thesis, University of Bradford, 2013. http://hdl.handle.net/10454/6291.
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The contemporary phenomenon of the global rush for farmland has generated intense debate from different actors. While the proponents embrace it as a 'development opportunity', the critics dub it 'land grabbing'. Others use a neutral term: 'large-scale land acquisitions'. Whatever terminology is used, one fact remains indisputable - since 2007 vast swathes of farmlands in developing countries have been sold or leased out to large-scale commercial farmers. Ethiopia is one of the leading countries in Africa in this regard and, as a matter of state policy, it promotes these investments in peripheral regions that are predominantly inhabited by pastoralists and other indigenous communities. So far, the focus of most of the studies on this phenomenon has been on its economic, food security and environmental aspects. The questions of land rights and political implications have been to a great extent overlooked. The purpose of this thesis is to contribute to this knowledge gap by drawing upon the experience of the Gambella regional state - the epicentre of large-scale land acquisition in Ethiopia. To this end, this thesis argues that large-scale land acquisitions in Ethiopia is indeed redefining indigenous communities' right to land, territories and natural resources in fundamental ways. By doing so, it also threatens the post-1991 social contract - i.e. ethnic federalism - between the envisaged new Ethiopian state and its diverse communities, particularly the peripheral minorities and indigenous ethnic groups.
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Gastorn, Kennedy. "The impact of Tanzania's new land laws on the customary land rights of pastoralists a case study of the Simanjiro and Bariadi districts." Wien Zürich Berlin Münster Lit, 2007. http://deposit.d-nb.de/cgi-bin/dokserv?id=3026419&prov=M&dok_var=1&dok_ext=htm.
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Gastorn, Kennedy. "The impact of Tanzania's new land laws on the customary land rights of pastoralists : a case study of the Simanjiro and Bariadi districts /." Münster [u.a.] : LIT, 2008. http://bibpurl.oclc.org/web/31468.
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Jacobs, Cameron Lee. "Socio-historical research and land tenure in South Africa: a case study of land tenure rights on the Northern Cape farm of Melkkraal." Master's thesis, University of Cape Town, 2006. http://hdl.handle.net/11427/3782.
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The aim of the research was to clarify and explain the land tenure relations of a farming community called Melkkraal situated in the Northern Cape such that development assistance could be rendered to them by the Department of Land Affairs (DLA).The Melkkraal farm has been owned by various members of the Kotze family since 1834 and through the process of testate and intestate succession has passed from one generation to the next. At present the farm is owned by seven members of the Kotze family in a co-ownership. However, it is also a home to twenty-six households of which three have a legal title to the land as co-owners. The remaining households have occupied the land through a haphazard process of acquiring oral permission from some of the co-owners and non-owning residents, some for as long as sixty five years. This has led to a tenure conundrum because the way in which the Melkkraal farm is registered means that neither the twenty six families who use the land, nor the seven co-owners can access the DLA assistance or effectively assert authority to make development decisions. As a result, the community requested the Surplus Peoples Project and the Environmental Monitoring Group (EMG) to advise them on the steps they would need to gain access to the DLA assistance and to better manage the land. During January 2004, SPP and EMG undertook to investigate and report on the nature and content of the rights of the members of the community in relation to the rights of the co-owners so that the community could be assisted to formulate a strategy for the achievement of their developmental objectives. In February 2004, SPP conducted an extensive research study on how the community members hold, use and transact rights in land. While participatory action research was the overall research paradigm, the particular research technique used for the Melkkraal case study was participatory rural appraisal (PRA). PRA is an action research tool or technique that involves community members defining and working to solve local concerns. As a result of the use of PRA the following research phases were drafted: The first phase of the research entailed the collection and analysis of archival data to develop an understanding of the co-ownership and its co-owners and to develop a genealogy of the co-ownership. The second phase entailed conducting field work at Melkkraal in terms of interviewing the heads of each household as well as an interview with the land management committee. Phase three entailed a follow up visit to Melkkraal, a presentation of a progress report, a participatory mapping session and a focus group workshop on the various land uses at Melkkraal. The final phase of the research included another follow up visit to Melkkraal, the completion of the research analysis and the development of a final report that was presented to the community. The final presentation entailed a workshop explaining the land rights of the various households and a discussion of the way forward. The research findings revealed that very little difference exists between the non-owning residents and the co-owners in terms of how land is used and transacted. This was attributed to the evolution of the social land ethic such that one can speak of the Melkkraal farm as a common property regime. Therefore, in practice there is no difference between a non-owning resident and a co-owner. The findings also revealed that just cause can be shown to apply for a declaratory order to invoke the Interim Protection of Informal Rights Act 31 of 1996. A successful application will mean that the existing informal rights in land of the non-owning residents will be elevated to the status of real rights in property.
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Andersson, Elisabeth. "“Property cannot own property.” : A qualitative case study addressing the implementation of Women’s Land Rights in Liberia." Thesis, Umeå universitet, Statsvetenskapliga institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-186458.
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Women produce 80% of the food in sub-Sahara but solely own a meager 1% of the land they cultivate. Since the mid-90 century, this issue has been illuminated in the international community and launched a trend of land tenure reform, particularly in sub-Sahara, where numerous countries have substantial rural populations. The trend is situated in the importance of inclusive land rights for the rural population because of the mitigating effect it has on conflict and on the promotion of gender equality. The purpose of this study is through semi-structured interviews and focus groups, contribute to identifying and explaining the current main obstacles that persist for rural women of Liberia to benefit from the Liberian Land Rights Law of 2018 after the new law has been passed and the implementation has begun. The study shows that the three main obstacles that persist for women are the patriarchal power relation, the lack of awareness, and the lack of local institutions. Where the law has been implemented, it certainly promotes equality between the genders, but there is still a long and rough road before the Liberian people can cross the finish line of full implementation and gender equality regarding land.
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Arisunta, Caroline. "Women, land rights and HIV/AIDS in Zimbabwe: the case of Zvimba communal area in Mashonaland West Province." Thesis, University of Fort Hare, 2010. http://hdl.handle.net/10353/233.
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This study explores women’s access to land under the customary tenure system. It examines how the changes in land tenure, access and rights to land as a consequence of HIV/AIDS are affecting agricultural productivity, food security and poverty, with a specific focus on women who have lost their husbands to HIV/AIDS in Zvimba. Zvimba is a village community located in Zvimba District in the Mashonaland West Province of Zimbabwe. The study also discusses policy responses designed to cushion the impact of HIV/AIDS on local communities especially women living with HIV/AIDS. The study highlights the vulnerability of widows to land rights violations, mainly inflicted by relatives but sometimes by the wider community. The main form of abuse encountered included the use of abusive language, threats of evictions and at times, beatings. The legal route for seeking redress was rarely used. Fear of witchcraft, low educational levels and fear of causing conflict between children and their paternal relatives also led widows to abandon the fight for their rights. The study further reveals that widows are heavily exposed to dispossession of their land rights. HIV/AIDS has increased the vulnerability of widows and other women to threats and dispossession of their land and other property rights. Dispossession of arable fields was observed in the four wards. The dispossessions and threats to livelihoods were directly related to the HIV positive status of the widows. The findings from this study illustrate the predominant role that male members of the household or family have over land. Thus, culture and traditional practices still affect women in other cases, disadvantaging them in favour of men, as in inheritance of land and property in the household.
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Rantlo, Montoeli. "The role of property rights to land and water resources in smallholder development: the case of Kat River Valley." Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/386.
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Property rights are social institutions that define and delimit the range of privileges granted to individuals of specific resources, such as land and water. They are the authority to determine different forms of control over resources thus determining the use, benefits and costs resulting from resource use. That is, they clearly specify who can use the resources, who can capture the benefits from the resources, and who should incur costs of any socially harmful impact resulting from the use of a resource. In order to be efficient property rights must be clearly defined by the administering institution whether formal or informal and must be accepted, understood and respected by all the involved individuals and should be enforceable. These institutions influence the behaviour of individuals hence the impact on economic performance and development. The thesis has attempted to determine how the situation of property rights to land and water affects the development of smallholders in the Kat River Valley. Data was collected from 96 households who were selected using random sampling. To capture data, a questionnaire was administered through face-to-face interviews. Institutional analysis and ANOVA were used for descriptive analysis to describe the property rights situation, security of property rights and the impact of property rights on the development of smallholder farming. The results show that individual land rights holders have secure rights to land and water resources while communal smallholders and farmers on the invaded state land have insecure rights to land and water resources. The results from institutional analysis show that the situation of property rights negatively affects development of all smallholder farmers in the Kat River Valley. There are various institutional factors that negatively affect development of smallholder farmers in the Kat River Valley. Based on the research findings, some policy recommendations are made. These include consideration of the local context and strengthening of the protection of property rights.
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Krisna, Sinthia Chakma. "Ethnic conflict, identity crisis and nationalism: a case study on indigenous land rights in Chittagong Hill Tracts of Bangladesh." Master's thesis, Universidade de Évora, 2014. http://hdl.handle.net/10174/12080.
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This dissertation concerns the topic of ethnic conflict, identity crisis, and nationalism
since cold war period. The main argument of the paper is that ethnic conflicts have greatly
threatened regional and international security.
The research will analyze the main theoretical approaches to understanding ethnic
conflict from nationalism point of view. It will then investigate the interactions among
nationalism, citizenship and indigenous rights. This paper will examine the different perspectives
of ethnicity and consider how, why, and when it may drive conflict. Further, it will also closely
consider several aspects of ethnic conflicts and their effect on the possibility of conflict. The
paper focuses on the social and political construction of ethnic conflict and examines the special
patterns of identity crisis in society and the influential factors. The paper is also emphasized on
the significance of institutional approaches to improve political condition in ethnically
conflicting áreas; ### RESUMO:
Esta dissertação refere-se ao tema do conflito étnico, crise de identidade, e nacionalismo
desde o período da guerra fria. O principal argumento do artigo é que os conflitos étnicos têm
ameaçado em larga escala a segurança regional e internacional.
A pesquisa irá analisar as principais abordagens teóricas para a compreensão do conflito
étnico do ponto de vista nacionalista. Ela irá então investigar as interações entre o nacionalismo,
cidadania e direitos indígenas. Este trabalho irá analisar as diferentes perspetivas de etnia e
considerar como, porquê e quando se pode conduzir o conflito. Além disso, ele também irá
considerar atentamente vários aspetos dos conflitos étnicos e seus efeitos sobre a possibilidade
de conflito. Este artigo centra-se na construção social e política do conflito étnico e avalia os
padrões especiais de crise de identidade na sociedade e os fatores que o influenciam. O
documento coloca a ênfase na importância das abordagens institucionais para melhorar a
condição política em áreas que sofrem conflitos étnicos.
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Tripura, Sontosh Bikash. "Blaming Jhum, denying Jhumia : challenges of indigenous peoples land rights in the Chittagong Hill Tracts (CHT) of Bangladesh : a case study on Chakma and Tripura /." Tromsø : Department of Planning and Local Community Research, Universitetet i Tromsø, 2008. http://www.ub.uit.no/munin/bitstream/10037/1535/1/thesis.pdf.
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Gebremichael, Mesfin. "Federalism and Conflict Management in Ethiopia. Case Study of Benishangul-Gumuz Regional State." Thesis, University of Bradford, 2011. http://hdl.handle.net/10454/5388.
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In 1994 Ethiopia introduced a federal system of government as a national level approach to intra-state conflict management. Homogenisation of cultures and languages by the earlier regimes led to the emergence of ethno-national movements and civil wars that culminated in the collapse of the unitary state in 1991. For this reason, the federal system that recognises ethnic groups' rights is the first step in transforming the structural causes of civil wars in Ethiopia. Against this background this research examines whether the federal arrangement has created an enabling environment in managing conflicts in the country. To understand this problematic, the thesis conceptualises and analyses federalism and conflict management using a qualitative research design based on in-depth interviewing and content-based thematic analysis - taking the case study of the Benishangul-Gumuz regional state. The findings of the study demonstrate that different factors hinder the federal process. First, the constitutional focus on ethnic groups' rights has led, in practice, to lessened attention to citizenship and minority rights protection in the regional states. Second, the federal process encourages ethnic-based elite groups to compete in controlling regional and local state powers and resources. This has greatly contributed to the emergence of ethnic-based violent conflicts, hostile intergovernmental relationships and lack of law and order along the common borders of the regional states. Third, the centralised policy and decision making process of the ruling party has hindered genuine democratic participation of citizens and self-determination of the ethnic groups. This undermines the capacity of the regional states and makes the federal structure vulnerable to the dynamics of political change. The conflicts in Benishangul-Gumuz emanate from these causes, but lack of territorial land use rights of the indigenous people and lack of proportional political representation of the non-indigenous people are the principal manifestations. The research concludes by identifying the issues that determine the sustainability of the federal structure. Some of them include: making constitutional amendments which consider citizenship rights and minority rights protection; enhancing the democratic participation of citizens by developing the capacities of the regional states and correcting the organisational weakness of the multi-national political parties; encouraging co-operative intergovernmental relationships, and maintaining the territorial land use rights of the Benishangul-Gumuz indigenous people.
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Akhter, Tasneem [Verfasser], Konrad [Akademischer Betreuer] Hagedorn, Harald von [Akademischer Betreuer] Witzke, and Hafiz Zahid [Akademischer Betreuer] Mahmood. "The role of property rights for land degradation and land use conflicts : the case of Wetland in Gujranwala (Pakistan) / Tasneem Akhter. Gutachter: Konrad Hagedorn ; Harald von Witzke ; Hafiz Zahid Mahmood." Berlin : Humboldt Universität zu Berlin, Landwirtschaftlich-Gärtnerische Fakultät, 2011. http://d-nb.info/101501688X/34.
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Matondi, Prosper Bvumiranayi. "The struggle for access to land and water resources in Zimbabwe : the case of Shamva district /." Uppsala : Swedish Univ. of Agricultural Sciences (Sveriges lantbruksuniv.), 2001. http://epsilon.slu.se/avh/2001/91-576-5805-6_abstract+errata.pdf.
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Irwani, Muslih. "Implementing social security programmes in post-conflict Iraqi Kurdistan region : the case of "Social safety net" and "Rights and privileges to families of martyrs and genocide survivors" after 2001." Thesis, University of Nottingham, 2014. http://eprints.nottingham.ac.uk/14414/.
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By drawing on the hegemony of politics over the administration and social policy in the Kurdistan Region, researching the implementation of social security programmes is critically important for understanding the outlook of the Kurdistan Regional Government (KRG) towards social policy. This research broadly examines policy implementation theories within the context of this politically underdeveloped region, taking into account the social security programmes of the KRG as a case study. Primary questions could be asked here, such as what are the critical factors in the implementation of social security in the KRG? Why has the KRG not adopted and implemented an effective social policy with its developmental programmes since its relative economic growth in 2001? My focused question in the current research is: why has the KRG implemented its two main social cash transfers (‘Rights and Privileges to Families of Martyrs and Genocide Survivors’ and ‘Social Safety Net’) differently? Exploring these cases would favour understanding of the extent to which the political conditions of the Kurdistan Region have influenced the implementation of social benefit schemes of the KRG. Experiencing its national struggle in the past, intra-Kurdish civil war during the 1990s and partisanship afterwards has formed the KRG. As for the theoretical framework of this research, I have used two sets of literature: policy implementation and clientelism. Having employed qualitative semi-structured interviews with forty-six individuals and six focus groups from implementers of the aforementioned programmes in the region, this research discusses the critical factors in the implementation process of social security programmes in the KRG. In contrast to almost all policy implementation theories and models, which lay emphasis on the role of top officials (top-down approach), bureaucrats and implementers (bottom-up approach), I argue that the political character of the programme and its beneficiaries is potentially a determinant actor in the policy implementation success. The KRG deals with social cash transfers in accordance with the profile and socio-political status of beneficiaries. In this regard two types of clients could be distinguished: high value clients treated within a preferred programme (RPFMGS) and low-value clients treated within a neglected programme (SSN). The profile and status of beneficiaries of social security schemes play a decisive role in the salience given to the social programme, and in the effectiveness of its implementation. Both aforementioned social security programmes are implemented at a ministerial level. However, the performance of the two programmes appears to be complicated and evidently different. The main difference between both programmes is that the first programme, RPFMGS, serves a population who are characterised as ‘political victims’, while the second programme, SPF, covers ‘socio-economic victims’. Labelling beneficiaries based on their socio-political status will primarily explain the reason why the KRG deals with each social security programme very differently. The first programme is highly prioritised politically, while the second is neglected politically.
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Puckett, Robert Fleming. "The strange case of the landed poor : land reform laws, traditional San culture, and the continued poverty of South Africa's ‡Khomani people." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:ebaac8e4-d4be-462c-a035-f128101f9cbc.
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The ‡Khomani San people received lands in 1999 under the ‘restitution’ arm of South Africa’s land reform programme. Restitution laws, contained in the Restitution of Land Rights Act and the Communal Property Associations (‘CPA’) Act, seek not only to return lands to peoples dispossessed after 1913, but also to inculcate the ideals of South Africa’s dominant agro-pastoral-based society into defined, cohesive land-recipient ‘communities’. These ideals include centralised, hierarchical, representative, democratic leadership and decision-making structures that the West takes for granted. However, these concepts of control are not typically found among foraging or post-foraging peoples, who tend to base their societies on decentralised, small-group, egalitarian social structures that strongly oppose hierarchies, representation, or accumulation. Such social organisation remains intact even after these groups become settled or adopt non-hunting-and-gathering livelihoods, and today’s ‡Khomani self-identify as San, ‘Bushmen’, hunters, and indigenous people, despite their settlement and their adoption of varied livelihood strategies, including stock-farming. Among such groups, externally imposed governance structures tend to be viewed as illegitimate, and instead of the cohesion and order these centrally legislated structures seek to create, they instead engender dissent, conflict, and non-compliance. The ‡Khomani, as both a formerly scattered group of apartheid-era labourers and a cultural group of San people, have struggled with little success to plan and implement ‘development’, infrastructure, and livelihood projects on their lands and have ‘failed’ to operate the Restitution and CPA Acts’ required ‘community’ land-ownership and decision-making structures successfully. Thus, restitution has failed to bring the socio-economic improvements that the new ‡Khomani lands seemed to promise. Since 2008, however, the government has temporarily taken governance and approval authority from the ‡Khomani, which has led to the creation of smaller, behind-the-scenes governing bodies, as the ‡Khomani have begun taking the reins of power in their own ways. Such bodies, including the ‡Khomani Farmers’ Association and the Bushman Raad, have begun achieving some successes on the ‡Khomani farms in part, it is argued, because they allow the ‡Khomani to reproduce the focused, non-hierarchical, small-group structures that are more suitable to them as a non-cohesive group and more culturally appropriate to them as San people. The South African government, with appropriate protections for abuse of power, should provide the space within land reform laws to allow land-recipient groups to make decisions, govern themselves, and manage their lands according to their own community realities and their own conceptions of leadership and social organisation.
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Lindblom, Petersson Malin. "REDD+ : A case study of the challenges weak land rights in Indonesia pose for equitable distribution of benefits from activities to mitigate climate change." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-274185.
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Barnabas, Sylvanus. "The role of international law in determining land rights of indigenous peoples : the case study of Abuja Nigeria and a comparative analysis with Kenya." Thesis, Northumbria University, 2017. http://nrl.northumbria.ac.uk/32544/.
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In 1976, the Nigerian Government compulsorily acquired the ancestral lands of Abuja peoples of Nigeria without payment of compensation or resettlement. This is legitimised under Nigerian State laws. Indigenous peoples (IPs) suffer from injustices in relation to land globally. The purpose of this thesis is to find answers to the research questions emanating from this case study. One avenue explored herein in addressing dispossession of IPs’ lands in Africa, is through considering the relevance of international law on their rights. However, there is no universally agreed definition of IPs. In the determination of whether international law provides solutions to the challenges of protecting land rights of Abuja peoples, the existing description of IPs is challenged. The second avenue explored herein, is through a comparative approach to understanding how Kenya has resolved these challenges and how Nigeria should respond to similar challenges. The case study is used to illustrate the need for a viable relationship between State law, IPs’ customary law and international law. The choice of Nigeria is because the case study is in Nigeria. The choice of Kenya as a comparator is because like Nigeria, Kenya is Anglophone with a plural legal system and has recently embarked on law reforms in relation to customary land rights and the place of international law within its legal system. Drawing from theories of legal pluralism and post-colonialism, this doctrinal, case study and comparative enquiry, makes the following original contributions to knowledge. Firstly, the case study is used to argue that international law should expand its description of IPs to include collective of peoples with different cultures. Secondly, it draws from international child rights law to advance the argument that international law on IPs should present them more positively. Finally, the comparative analysis between Nigeria and Kenya on the above subjects has not been made by any known literature at the time of writing.
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Stamm'ler, Jaliff Pernilla. "The Indigenous People of Chile and the Application of the Anti-terrorist Law : A case study of the land-conflict in Araucanía, Southern Chile." Thesis, Linköpings universitet, Statsvetenskap, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-102340.
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This study examines the conflict between indigenous rights and the exploitation of land in Chile. The conflict is displayed through a public discourse about the recognition of the indigenous people on the one hand, and the application of the anti-terrorist law against the indigenous people on the other. The anti-terrorist law is currently applied to the indigenous group, the Mapuches, in southern Chile, which makes this issue particularly acute. The role of the international community and the international laws surrounding this issue thus play a part in the conclusions made by the author, together with minority rights and the concepts of sovereignty and terrorism. The case is further placed within the world-economy through the concepts of World System Theory by Immanuel Wallerstein.
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Camargo, David. "The impact on conflict of 'state-led no-military reconstruction during war' : the case of the protection of Land Rights for IDPs during conflict in Colombia (2007-2010)." Thesis, University of York, 2011. http://etheses.whiterose.ac.uk/4866/.
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This thesis examines, via a single case-study – The Colombian Government’s “Land and Property Protection Program” (LPPP)– whether non-military state-led programs developed to help civil populations during conflict impacts on the conflict; and whether the impact is positive or negative. The rationality for this is that studies on activities of reconstruction after armed conflicts usually include assessments of the positive and negative impacts of such activities on the conflict itself; and a consensus in academia and field-work practice that peace can be built through proper reconstruction programs. However, a similar level of scholarly interest does not exist regarding reconstruction during warfare. Such reconstruction is conflated with notions which regard it as being part of a war effort and commanded by the military and/or a matter of political necessity. This research proposes that both: Post war reconstruction and During War Reconstruction (DWR), must be studied under the complexity of ‘Reconstruction’ in general. This empirical thesis demonstrated the existence of and studied a State-led non-military DWR program which – as defined – is not used for military purposes by the Colombian’ state and whose final goal must be to repair the political link between citizens and the state. It was found that the LPPP seeks to restore confidence in the state, either by approaching populations that historically have been abandoned by the state and trying to win back their confidence; or returning property rights to those from whom it was unjustly removed. Three main recommendations flowing from the research: the first claims for more academic studies about DWR; the second for the study and design of protective programs reinforcing the role of the state as primary protector of private property in society; the third for more in-depth studies of the LPPP and the dual behaviour of ‘violence corridors’ and ‘illicit crops’ problems in Colombia.
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Williams, Rachael M. "Do geographical indications promote sustainable rural development? : two UK case studies and implications for New Zealand rural development policy." Lincoln University, 2007. http://hdl.handle.net/10182/585.
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Geographical indications (GIs) are one form of protective labelling used to indicate the origin of food and alcohol products. The role of protected geographical indicators as a promising sustainable rural development tool is the basis for this research. The protection of geographical indications is a rather controversial subject and much research is still required for both sides of the debate. The research method employed for this study is qualitative critical social science. Two Case studies are used to investigate the benefits brought to rural areas through the protection of GIs. The case studies include the GIs Jersey Royal and Welsh Lamb both from the United Kingdom a member of the European Union (the EU is in favour of extended protection of GIs for all agro-food products under the 1994 WTO/TRIPS agreement on geographical indications). Twenty-five indepth interviews were conducted for this study the duration of the interviews was approximately one hour. The study identifies predominantly indirect links between GIs and sustainable rural development, through economic and social benefits bought to rural areas by the GIs investigated - less of a connection was found to ecological elements. No considerable cost for GI protection was discovered. This finding suggests that GIs are worthwhile for implementation in New Zealand as a rural development tool.
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Kinuthia, Wanyee. "“Accumulation by Dispossession” by the Global Extractive Industry: The Case of Canada." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/30170.
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This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.
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Eggerking, Kitty. "Landmarks: reading the Gove Peninsula." Phd thesis, 2013. http://hdl.handle.net/1885/11613.
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This thesis investigates the events leading up to and including the first land rights case, Milirrpum v Nabalco, heard in the Northern Territory Supreme Court before Justice Blackburn in 1970. It examines how the Yolngu people of the Yirrkala mission responded to the federal government’s leasing of the Gove Peninsula for the mining of bauxite, initially by seeking a political solution and subsequently legal redress. Thus, it considers events such as the bark petitions the people of Yirrkala sent to the federal parliament in 1963 and the subsequent inquiry by a select committee of the House of Representatives into Yolngu grievances. While these events are reasonably well known, the thesis situates them in fresh and appropriate political contexts. For instance, it takes into account the instability of the Menzies government in 1963; and, further, it examines the relevant parliamentary standing orders to show that the bark petitions were in order but the then Minister for Territories was out of order in ‘rejecting’ the first petition.
As well as these known events, the thesis also brings to light many other hitherto unreported events and matters. These events — and especially the actual Gove case — represent key moments for inspecting the contest of Indigenous and non-Indigenous systems of knowledge or world views, and this is the key reason for undertaking the study. To chart a course through the two disparate traditions, much of the focus is on the ways that land is conceptualised.
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Fang, Hsiu-Yu, and 方秀玉. "Construction of Knowledge Map‒ A Case Study of Taipower Company’s Land Rights." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/26966929674503572056.
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碩士國立臺南大學
經營與管理學系科技管理碩士在職專班
102
This study is for the Land Rights’ staff of Jianan Power Supply Branch, Taipower Company (TPC), because we would like to know their knowledge map by means of literature studying and working in person. TPC is facing the pressure of experience inheritance cause lack of talent and a multitude of work of Land Rights, so knowledge management is the basic solution and the knowledge map is one of the effective knowledge management tool. The study of knowledge map combined Land Rights’ knowledge assets, showing “TPCs’ Land”, “Leased Land”, “Disposable-payment’s Land”, “Archives processing”, “People’s petition processing”, “handover and takeover” as 6 knowledge structures, so that colleagues can get information and workflow more easily and clear. Finally, with the results of this study, new employees realize exactly what the Land Rights is and as a basis for future learning and related research.
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Chyi-hao, Wu, and 吳奇浩. "The Plains Aborigine Land Rights in Ch''ing Taiwan: A Case on Taokas." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/31647361172760282158.
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碩士國立暨南國際大學
歷史學系
92
This essay probe into the aboriginal land rights Ch’ing Taiwan from the national laws and the society. On the side of the national laws, which managed the policies and progresses of aboriginal land rights in the Ch’ing Taiwan, especially emphasize the official orders after the Chia-Ch’ing reign. On the side of the society, using the contracts of the Daokas and Dan-Xin archives primarily to analyze the practical styles of the aboriginal land rights in the society. The Ch’ing Dynasty adjusted the laws of the aboriginal land rights according to the necessary of ruling, and it reflects some features: 1. The aboriginal land rights protective laws of the Ch’ing were the results of considerations of policies. The Ch’ing had its selections for the aboriginal land, and the laws of the aboriginal land were in the lack of unanimity. 2. Although the system of aborigine military colonies brought new rents and lands for aborigine, the disadvantages of the system and the financial necessary of common people resulted in the losing of the rents and lands, and the Ch’ing had to reorganize continuously. According to the analytic results of the contract documents, after the Chia-ch’ing reign, the aborigines still had a number of lands in the earth-oxen (t’u niu) boundary, so they could proceed the trading of the lands with the Han frequently through many ways. The aboriginal lands in the boundary didn’t losing totally in the Ch’ien-lung reign. In fact, the phenomenon of losing of the aboriginal lands continued in Ch’ing Taiwan, and many ways of aboriginal lands trading were against with the official laws, this also indicated that the disorder between laws and the society. Furthermore, through the analyses of the Dan-Xin archives, it’s obvious to find the aboriginal tribe rents faced many kinds of crises. The personnel who had responsible for the rents might embezzle, the local officials also seized the grain rent through undesirable orders and confiscation, this made the benefits which the aborigines can get are very limit from the tribe rents, made the aboriginal rents just in name but not in reality. Therefore, the strictness of the protective laws, and the effectiveness of the practice, weren’t the important factors for the losing of the aboriginal lands, the major factor was the aborigines and the Han had their economical necessary, so it was hard for the Ch’ing to forbid effectively through political measures.
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Zharare, Sydney Kurai. "Understanding the renovation of public land policy - the case of the Communal Land Rights Act (CLaRA) of South Africa." Diss., 2012. http://hdl.handle.net/2263/29625.
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With the advent of democracy in South Africa in 1994, the newly elected ANC government embarked on an ambitious program of land reform. The land reform programme in South Africa rests on 3 pillars: - Land redistribution
- Land restitution
- Land tenure reform
Dissertation (MSc(Agric))--University of Pretoria, 2012.
Agricultural Economics, Extension and Rural Development
unrestricted
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WU, CHING CHI, and 吳靜琪. "The Study of Kinmen Coastal Land Property Rights Change-A Case of Kinmen Minefields." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/scw4nw.
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碩士國立金門大學
海洋與邊境管理學系碩士班
107
Since 1949, Kinmen has experienced the “Battle of Guningtou”, therefore, long-term military management has been implemented, another “The 823 Artillery War” broke out in 1958, Kinmen became a battle field for military conflicts between the two sides of the strait. It began a period of decades of intense confrontation and created the unique product of “Landmines”, landmines are scattered around the coast to prevent enemy incursions and to set up placard to prevent people from being entry, with the end of international cold war period and the cross-strait relation détente. In 1992 disarming the government, and completed the demining in 2013, as the same time, during the demining period, the third item of Article 9 of the Outlying Islands Construction Regulations was updated on June3, 2011, The original application was made by the people who met the requirements, and was later announced on June 10, 2015, due to the special historical background of Kinmen. If it is amended to meet the requirements, you can apply to send back, land that originally had a public interest nature cannot be returned, after the amendment and also can application to send back, the government’s intention is to return the land to the real right holder, However, in view of the application case for registration in the Security and Guidance Regulations of the Kinmen Matsu Dongsha Nansha District, have been many fraud cases, which seriously damage the rights and interests of citizens, live up to the goodwill of the government, now the minefield send back of regulations, also the public land is not excluded, that to involve the public interest affects far-reachong, therefore, this paper intends to verify the possible occurrence of the return of the minefield with the case that has been registered in Kinmen, and practice it, expecting to achieve the effect of truly returning to the people.
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Touber, Julie. "Institutional Resilience and Informality: The Case of Land Rights Mechanisms in Greater Ouagadougou, Burkina Faso." Thesis, 2016. https://doi.org/10.7916/D8G44QKK.
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Land informality, or the absence of clear property rights, has been identified as a strong cause for lower economic development performance. In Africa, despite the presence of a formal institutional setting of property rights and established laws, the practice of land rights has favored a persistent informal institutional regime. This dissertation addresses the reasons for the persistence of land informality in the presence of formal laws in the case of Ouagadougou in Burkina Faso. Using process tracing, I dissect the processes of land conflict resolutions within the formal and informal institutions in order to pinpoint reasons for such prolong informality. I identify a very coherent and organized institutional set within the customary institutions, and the ambiguous relationship these institutions have with formal institutions. The inability of the formal institutions to resolve the informality issue is not the result of incompetence; it is the result of survival mechanisms from both the informal and formal institutions. Informality is the effect of the layered institutional setting and persists because of the resilience of survival mechanisms.
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陳建勳. "Property rights analysis of the multi land use of public land─a case study of Feng Yuan Police Station redevelopment project." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/88gy4d.
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Ntombela, Thandeka. "Gender in policy and practice in the land redistribution programme : do women benefit? a case study of the Nhlawe community." Thesis, 2002. http://hdl.handle.net/10413/10432.
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Chen, Hsueh-Fang, and 陳雪芳. "The Disappearance of Indigenous Rights to Land with Case Studies of Amis People of the East Cost." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/07924509687261473726.
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碩士國立東華大學
族群關係與文化研究所
98
This research is based on the author’s in-depth study of land petitions of the Amis people in the east coast of Taiwan; it analyzes how these people’s traditional land title and land use come into conflict under contemporary national policy and regulations. Furthermore, the author examines how current land-related law render indigenous Amis people disadvantage in their claim of land use and land title. Based on the study of seven land-related cases, this research finds that the traditional land rights of the Amis people have been jeopardized under current national land policies; these policies are unfair, unjust and totally disregard the traditional customs and practices of the Amis people. In addition, privatization of land also creates land disputes between Amis people and the government or Han settler. Due to unclear regulations on indigenous reserve land, government administration office has been dealing with indigenous land issues inadequately, which made the Amis people very difficult in acquiring their ancestral land. By applying the perspective of postcolonialism, this research reveals the process in which the indigenous Amis people becoming outsiders in their homeland; they were turned into isolated tribes and became disadvantaged groups in the society. This research suggests that the government should honor The Indigenous Peoples Basic Law and establish related ordinances. Furthermore, in consideration of indigenous traditions and cultures, the government should also restore the ancestral lands of the Amis people of the east coast, and help them getting back their legal titles to land.
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Chabeda, Jemaiyo. "How do customary practices enshrined in statutory law undermine women's access and rights to land? a case study of Yaw Pachi, Siaya District, Kenya." Thesis, 2009. http://hdl.handle.net/10539/6047.
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Abstract
The study aimed to investigate the issue of women’s access and rights to land in Kenya.
The study targeted Yaw Pachi women’s group, Siaya district who have experienced
several problems of land tenure in terms of access and rights within their community
which is Luo by tribe. The factors that influence these women’s access to land were also
examined. The factors included Luo customary law, Luo customary practices, statutory
laws as well as statutory institutions. The study also aimed to analyse the 2006 Draft
National Land Policy by looking at what aspects of gender reform had been incorporated
into the policy. The study examined the role of the land board as a statutory institution
responsible for ensuring women and men have equal access and rights to land.
In order to collect data, this study used qualitative method of social research. The
researcher chose a small sample based on the research being conducted using a case study
method. The sample was from an area where the phenomena such as customary laws and
practices are prevalent. Qualitative research enables the researcher to collect and analyse
in-depth information on a smaller group of respondents. Documentary analysis, interview
techniques were used to gather data. The study population comprised of seventeen
women from Yaw Pachi women’s group in Siaya district and twelve key informants.
The key findings of the case study of Yaw Pachi women’s group shows that women can
gain access to land in Siaya district mainly through marriage and by association with a
male relative, who could be the woman’s father, father in-law, brother or son. Although
the law of succession states that women can inherit land from their fathers, most findings
revealed that this does not happen in reality.
The 2006 Draft National Land Policy that intends to solve all the disparities women face
when it comes to equity in land resources has been put on hold following an unsuccessful
constitutional review in 2005.While the policy acknowledges that there are customs that
discriminate against women, it also seeks to promote customary systems of land tenure.
The Draft National Land Policy proposes a pluralist approach to land reform.
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Zamchiya, Phillan. "Changing labor, land and social relations on commercial farms: a case study from Limpopo, South Africa." 2008. http://hdl.handle.net/11394/3157.
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Magister Philosophiae (Land and Agrarian Studies) - MPhil(LAS)Over the past fifteen years, the South African government has extended various land, labour and social rights to farm workers, ranging from provisions of basic labour rights in 1993 to the minimum wage in 2003. Literature suggests that social relations on commercial farms do not remain static in the context of policy changes. This thesis sets out to understand the ways in which social relations have or have not changed, on one commercial farm in Limpopo province, South Africa, and to establish factors that impede or promote such change as well as the consequences for farm workers’ daily lives. Drawing from the interpretive and critical social science philosophical perspectives, the thesis adopts a qualitative research methodology that takes into consideration the experiences and perceptions of farm workers, farm managers, the farm owner and key informants from government institutions and civil society. At a theoretical level the study is informed by four paradigms namely: the materialist perspective; the total institution thesis; paternalism; and structuration theory. It considers three overlapping conceptual models of understanding relations between farm owners and farm workers namely the welfarist, workerist and transformative models. The paper argues that, in the past decade, the extension of farm labour and tenure laws to the farm sector has eroded the welfarist relations between the farm owner and farm workers. There is now a rise in workerist relations in a context of unequal power relations tilted in favour of the farm employer. The thesis concludes that in order to adequately understand land, labour and social relations, one has to consider the politics of land ownership as well as the politics of agricultural capitalist employment.
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Yang, Pei-hsuan, and 楊佩璇. "A Study on Reconstruction of No Land rights of vulnerable households in Zone Condemnation - Case study of Fengshan Dist.,Kaohsiung." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/s4vcby.
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碩士國立高雄大學
創意設計與建築學系碩士班
102
In 2012, Land Administration Bureau of Kaohsiung City Government convened briefings on public interest and necessity of the Zone Expropriation of Fengshan Dist. in Kaohsiung, there are hundreds of households were found beside Fengshan brook which were not relocated. If the government implements the zone expropriation in the future, there will be diversity between those residents’ lives, hence, this triggered the motives for my study. The purpose of this study probes the basic Human Rights and Legitimacy and feasibility of the vulnerables, I used the statistical analysed questionnaires and in-depth interview text analysis to obtain necessities and sufficient conditions for resettlement strategy. This study has designed five models, including Basic Human Cognition, Placement , Subsidies, Housing, Social Programs, and used SPSS12.0, NVivo8.0, fs / QCA software to analysis. Took Basic Human Cognition, which is the most crucial model for example, the model conclude Residency, Property, Information Disclosure, and those three variables are mutually as necessity and sufficiency conditions for Basic Human Cognition. The Three components is the most fundamental core issue of vulnerable households. For households, owned a title of housing is important also is symbolic of security. These demonstrate importance of the rights for public participation in urban planning and zone expropriation process. By summarizing in four resettlement situations, in this study, which meet the expectations of the residents are Situ placed as priority, build or outsourcing (contract-out) to build social housing or affordable housing by the Government is the second option, let the vulnerable households assess their own condition for selecting their most favorable resettlement plan, with the way to lease or buy, to get residential placement, making the smooth implementation of zone expropriation, deriving each other win-win situation.
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Chou, Ming-Hong, and 周銘宏. "Analysis of the Primary Land Market in China Based on the Property Rights Perspective : A Case Study in Zhjiang Province." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/95034044111585670013.
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碩士國立成功大學
都市計劃學系碩博士班
97
Since the enforcement of the Real Right Law (RRL) by the Chinese government on October 1, 2007 and the 3rd plenary session of the 17th execution of countryside policy on 2008, it has brought significant impacts on the practice of the socialist market economy in China. The totalitarian authority urban planning is transformed to be led by the market economy. The RRL and the countryside policy stipulate equal protection and competition of property rights due to the legal norms, and guarantee land ownership rights. The property rights are limited explicitly, and new rights emerge because of the new economic force. However, when agricultural land is transferred to non-agricultural uses, land property rights will be transformed from the low intensive agricultural use in combination with real estate development into high priced urban land property rights. During the transformation, a large amount of property rights will be left in the public domain and have the significant impact on the society. The institutional transformation is to reduce transaction costs and promotes market transaction. But related laws and measures are imperfect, resulting in social opposition and external social costs. The institutional transformation weakens agriculturist advantages and makes the Chinese countryside problems more serious. The research focuses on the Chinese land primary market through the property right approach, to analyze how the Chinese land primary market problems emerge. The research introduces the property rights concept and land economics possible to be analyzed by the supply and demand curves. In particular, in our model the horizontal axis should be replaced by the amount of land property rights. This replacement makes the land to be similar to general commodities and the associated change quantities. By the supply and demand model analysis of the land primary market, the land primary market is affected by the land compensatory institution, the agricultural land transactions institution, the land primary market transaction institution, and the housing market institution influence. The land compensatory institution affects the market most significantly. A case study in Zhejiang Province confirmed the land primary market problem thus derived analytically in China. The research provides a three-stage policy suggestions compared then with the RRL and the 3rd plenary session of the 17th execute countryside policy. The results show consistency between the policy suggestions and China’s countryside policy. Therefore we conclude that the proposed countryside policy in China would be able to address effectively China's countryside problems.
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Soko, Grace [Verfasser]. "Poverty and the gendered dimension of land rights in Southeast Tanzania : a case of Nyangao Village, Lindi / vorgelegt von Grace Soko." 2007. http://d-nb.info/992245877/34.
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Liu, Yi-lun, and 劉宜論. "The Impact of Transferable Development Rights（TDR）on Receiving Areas prices：the case of the 7th land consolidation district in Taichung City." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/10342355980252193354.
Full textAbstract:
碩士逢甲大學
土地管理所
97
The case of the 7th land consolidation district in Taichung City is the object of the study to evaluate the impact of transferable development rights on receiving areas values.First, we use the land development analysis of the real estate assessment to know the price analyzing before receiving areas developed. Second, in accordance with the significant variable which affect the land price proceed to the statistics and regression, use the hedonic regression method to guide the single-valued price of real estate to get the hedonic retression function which evaluate the impact of transferable development rights on receiving areas prices.In this case, it proved that transferable development rights、 relation between street and street、the distance from it to park or green parkway、floor area ratio and zoning are affect the land price significantly. The four regression forms show that regression coefficient of the transferable development rights variable are the highest, it means that transferable development rights is the most significantly to land price In other side,the land price before and after transferable development rights proceed to Paired-Samples T Test which proved that there is significant distinctions in the land price before and after transferable development rights.And transferable development rights could raise land values 16.06%.
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Boonzaier, Christian George. "Impact of the identification and survey of the administrative area boundaries process on the implementation of the communal land rights act : a case study of the Eastern Cape Province." Thesis, 2006. http://hdl.handle.net/10413/3331.
Full textAbstract:
Numerous land reform policy instruments and initiatives that have been implemented since the beginning of the 1990's are mediating the on-going battle between formal land tenure systems and informal customary land tenure arrangements. The policy instruments and initiatives seek to establish a delicate balance that will suit the diverse needs of the population of South Africa with respect to land. The enormity of this task is evident when one is faced with the reality that South Africa has the third highest Gini index (a measure of inequality in the distribution of land) in the world. The Eastern Cape Province is one of the poorest provinces in South Africa, and has been affected most by the land segregationist and homeland policies of previous colonial and apartheid regimes. It is not only the unequal distribution of land, but also the vast array of insecure tenure arrangements that have had a detrimental effect on the development and empowerment of communities resident on communal land. This research analyses one initiative that intends to strengthen the security of tenure of existing occupants of communal land in the remote rural areas of the Eastern Cape Province. The research critically appraises the Administrative Area Boundary Project of the Department of Land Affairs (that aims to identify and complete the formal surveys of all administrative area boundaries in the Eastern Cape) in the light of the intentions of the Communal Land Rights Act (No. 11 of 2004) (CLaRA), and highlights the challenges in formalising the informal tenure arrangements of occupants of communal land. The different aspects of the Administrative Area Boundary Project (both office work and field work) were evaluated in order to determine not only its feasibility, but also its impact as an effective instrument of land reform in its endeavour to provide secure land rights to millions of South Africans residing in former homeland areas. To this end, both desktop and case study methodologies were used in order to collect and analyse the research data.Thesis (M.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2006.
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Lien, Yang-I., and 連央毅. "Resistance activities on the protection of land rights and social protests in Mainland China--- A case study on the Longnan Mass Incident." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/76923361709933916095.
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碩士中國文化大學
政治學系
99
With the rapid industrial and urban development of Mainland China in recent years, protests regarding the protection of land rights triggered by problems such as land acquisition, urban house demolition in rural and urban areas increase constantly, which have gradually become a major social concern in the country. Along with urban development comes a diversification and differentiation in social interests, difference in political views and changes in the economic situation and if the people’s request for political participation cannot be met and conflict of interest cannot be resolved within the existing system, various social forces, organizations and groups, will express and fight for their interests through various means of resistance. During the speedy development of a socialist market economy in Mainland China, various incidents of social conflict emerge one after another in which those concerning land are particularly prominent. Resistance activities related to the protection of land rights in Mainland China have become the spotlight in the protests held by the Chinese people. The analysis of the protection of land rights and the frequent occurrence of protests related to land rights has become a concern of different classes in society. . By studying the Longnan Mass Incident (demolished homeowners in Wudu Qu District, Longnan City, GanSu Province in Mainland China appealed to the Longnan Municipal Party Committee, requiring an answer to their future housing and other related problems, after the transfer of the Longnan Administrative Center, triggering massive protests on the protection of land rights), this paper explores a range of resistance activities regarding the protection of land rights as triggered by an increasingly large demand for land, local government officials’ improper land requisition and illegal land expropriation in the course of China’s urbanization and industrialization process.
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Belling, Frank Edward Albert. "Case studies of the changing interpretations of land restitution legislation in South Africa." Diss., 2008. http://hdl.handle.net/10500/920.
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This study briefly discusses land restitution in several countries in Europe and the Americas, the history of land deprivation in South Africa, and the legislation introduced to remedy the inequality of land ownership.
Differing interpretations of the legislation in respect of the valuation of land to be purchased by the state for restitution purposes and the valuation formulae recommended at various times by the state and its advisors are discussed. Some of the problems encountered in the implementation of the South African restitution program, including the highly emotional expropriation/confiscation issues, are mentioned.
Three case studies based on these differing interpretations are given. The case studies illustrate the evolution of the interpretations of the legislation concerning land restitution valuations in South Africa.School: Management sciences
M. Tech. (Real Estate)