scholarly journals Communal Land Ownership in Tanzania

2003 ◽  
Vol 2003 (63) ◽  
pp. 27-36
Author(s):  
Hiromi AMEMIYA
2021 ◽  
pp. 002190962110204
Author(s):  
Paulus Mwetulundila

Rural communities depend on land for socio-economic livelihoods. However, owning land remains a critical challenge in post-independence Namibia for women, despite institutionalised laws and policies designed to redress gender inequalities. This paper discourses on the hindrances to equitable communal land ownership in nine regions among women aged 18–60 years. Findings reveal a high perception among women themselves that women should own land in communal areas. The study concludes that the struggle for equitable land distribution is far from being over, despite various government interventions to address the status quo, and hence recommends the overhaul of existing legal frameworks.


Author(s):  
Muhamad Fadhil Nurdin

In the context of conflict on communal land ownership between Lewobunga and Lewonara Villages, in East Nusa Tenggara, Indonesia this article found that not all the western sociological theories are relevant to analyze social conflicts in Indonesia which culturally diverse in the both villages. Generally, this article attempts to examine two main issues. First, to examine the existing sociological theories in relations with the local communal land ownership in Indonesia. Second, to examine the sociological theories in the context of communal land ownership conflict between Lewonara and Lewobunga villages. This is qualitative research with Hermeneutic Reproductive approach and the result of this article obtained from the fieldwork data.


2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Nastina Olha ◽  

The article examines the formation of communal land ownership law, formation of legal regulation in the field of consolidating the status of territorial communities as subjects of communal property, the impact of decentralization of powers processes on resolving the issue of the legal regime of territorial communities’ lands and united territorial communities’ lands, determination of scientific approaches to the formation of the model of communal land ownership law in Ukraine. It is updated the legislator’s inconsistency in determining the principles of building the institution of communal land ownership law, lack of a well-founded concept of communal property law, legislative contradictions of approaches to the creation of sustainable local self-government in Ukraine, based on the priority of land interests of territorial communities. Scientific attention is paid to preconditions for determining the constitutional status of territorial communities, legislative consolidation of the grounds for the formation of communal land ownership in the state, solving the problem of the definition of «communal land ownership law» absence in current legislation. Focused attention on legitimization of the powers to exercise the communal property law through the solution of the issue of land and legal competence of territorial communities, improvement of their status as subjects, who exercise the right of communal ownership of land directly or through local governments, the exercise of the right of communal ownership of land in the ways specified in the land law. According to the study it is established that the Constitution of Ukraine has provided the necessary prerequisites for the formation of a fundamentally new land system in the field of communal property on the land of communities. An important scientific task in modern conditions is improving the legal regulation of land and legal competence of territorial communities as subjects of communal land ownership for the sustainable development of territories. It is determined that the acceleration of administrative and land reforms will contribute to the full legitimization of the united territorial communities and the formation of territorial communities as equal subjects of land ownership. Keywords: territorial communities, decentralization, local government reform, communal land ownership


2020 ◽  
pp. 174-183
Author(s):  
Svitlana HRYNKO ◽  
Ivan KOSTIASHKIN

Taking into account the ongoing democratic transformations in our country, the decentralization reform deserves special attention, which is aimed at ensuring broad independence of territorial communities in solving their own socio-economic problems of a particular region. One of the key issues of such a reform is the formation of capable administrative-territorial units, endowed with full power not only in terms of administrative management but as full owners of the relevant resource base grounded on land. Unfortunately, the transformations carried out in Ukraine through privatization in general and privatization of land and legislative consolidation of new forms of land ownership have led to uncertainty about the object composition of communal land ownership, failed to ensure social harmony, creating crisis phenomena of demographic and socio-economic nature, especially in rural areas. As a result, the legal model of state regulation of land relations remains incomplete, in which the balance of private and public interests in land use within territorial communities would be ensured by law, which determined the content of the study. The work analyses the theoretical and normative principles of land ownership, in particular, the conclusion that the form of land ownership due to its functional purpose and special subject-object composition, determines the mechanism of formation and termination of ownership. Scientific conclusions and recommendations are formulated, on which it is expedient to build a modern state policy on the formation and establishment in society of the concept of communal ownership of land as a basis for the effective development of territorial communities. According to the results of the study, the need to change the administrative-territorial division by regulating the community at the constitutional level as the primary administrative-territorial unit, which is the basis for the formation of communal land ownership. Amendments to the Land Code of Ukraine are proposed in order to determine the right of communal ownership of land within territorial communities.


2019 ◽  
Vol 8 (1) ◽  
pp. 57-76 ◽  
Author(s):  
Teklay Negash ◽  
Shunji Oniki ◽  
Melaku Berhe

The problem of landlessness has become one of the major challenges facing rural farmers in Tigrai region since the early 1990s. To address the problem, the regional government of Tigrai started to redistribute degraded communal land to landless farmers by ensuring their participation in soil and water conservation activities and willingness to engage in the programme. Thus, the specific objectives of this study are to examine the livelihood options and analyse their economic dependence level of the rural landless households on the apportioned degraded communal land. Data were collected from randomly selected landless households and analysed using descriptive and econometric techniques. Accordingly, the study identified plantation of timber trees, grass collection, engaging in animal fattening, fruit or vegetable production, beekeeping and poultry production were the major livelihood activities practised in the allocated degraded communal land. The study also indicated that the major factors influencing the dependence level of rural landless households on allocated communal land include gender of household head, marital status of household head, distance to farmers’ training centre, livestock holding, land ownership, experience in the programme, communal land ownership type, financial support and per capita expenditure of the households. Therefore, the study concluded that even if the regional government tried to solve the problem of landlessness through hillside distribution programme, it could not sufficiently support the livelihood of the landless rural households in the study districts.


2020 ◽  
Vol 24 (2) ◽  
pp. 133-146
Author(s):  
Natasha Lightfoot

The crisis unleashed in Barbuda by Hurricane Irma in 2017 followed centuries of neglect by the British colonial state and then by the postcolonial government of its sister island, Antigua. Barbuda developed customary communal-land tenure as a result of its peculiarities in slavery and freedom, and this survival strategy has doubled as political and economic resistance to encroachment by Antigua, where private land ownership and uneven opportunity abound because of the unstable, cyclical nature of its main industry—tourism. Although Barbudans have long delimited tourism development and refused private land ownership, citing communal land as their shield, these issues have resurfaced in the rebuilding process after Hurricane Irma. Barbudans’ desires to maintain their previous way of life remain hampered by the Antiguan government’s disaster capitalist desires to reconstruct Barbuda as a resort paradise. This essay reveals how climate change, economic fragility, and uncertain sovereignty have collectively undermined Barbuda’s customary forms of independence, leaving dispossession in their wake.


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