scholarly journals Heartrending or Uplifting: The Ethiopian Urban Land Tenure System Reform and Its Reflection on Tenure Security of Permit Holders

2017 ◽  
Vol 33 (3) ◽  
pp. 291-310
Author(s):  
Brightman Gebremichael
Keyword(s):  
Land Tenure ◽  
Land Rights ◽  
Urban Land ◽  
System Reform ◽  
Tenure Security ◽  
Public Purpose ◽  
Tenure System ◽  
Land Tenure System ◽  
The Government ◽  
The Right

In this article, I reflect on the implication of the urban land tenure systems of the three political regimes of Ethiopia on the objective element of land tenure security of urban landholders, particularly, permit holders. The objective element of land tenure security can be assessed in terms of clarity and breadth, duration, assurance, and enforceability of land rights. On these foundations, I argue that the objective element of tenure security of urban landholders in Ethiopia has been reduced with each subsequent regime. The Imperial regime’s urban land tenure system affected the objective land tenure security of urban landholders in terms of enforceability of land rights—particularly limiting the right to appeal to a presumably independent court of law with regard to the amount of compensation awarded for the loss of land rights through expropriation. The Derg regime’s urban land tenure system, on the other hand, had narrowed the breadth of land rights to possessory right; it introduced other grounds in addition to expropriation, by which a landholder could lose his land rights, it adopted a vague and broad understanding of “public purpose” for expropriation, and it introduced a compensation scheme that left a landholder compensated inadequately; and it totally prohibited bringing a legal action in presumably an independent court of law against the government. Even more, the post-1991 urban land tenure system has perpetuated the objective land tenure insecurity of permit holders by making the land rights unclear until the enactment of regulation; and to be valid for a definite period of time by mandatorily demanding its conversion to lease system.

Mission Land Tenure on the Southeastern Bolivian Frontier, 1845-1949

1994 ◽  
Vol 50 (3) ◽  
pp. 399-418 ◽  
Author(s):  
Erick D. Langer
Keyword(s):  
Latin American ◽  
Land Tenure ◽  
Economic Resources ◽  
American Frontier ◽  
Tenure System ◽  
Indigenous Groups ◽  
Land Tenure System ◽  
Political Dimensions ◽  
The Government ◽  
Demographic Patterns

The land tenure arrangements of missions in Latin America have received insufficient attention. Given the vast extent of land the missions controlled on the Latin American frontier and the effect that land tenure arrangements had on the functioning of the missions, this is a serious oversight. Rather than focus on land tenure, most studies of the missions have examined primarily issues such as evangelization, the labor regime, and demographic patterns. While these topics are also important, indeed vital, to an understanding of missions, an analysis of land tenure arrangements is a useful way for understanding the economic and even the political dimensions of mission systems. For example, the control that the missionaries imposed on their charges should have been reflected in a majority of the land controlled directly by the missionaries rather than holdings controlled by individual Indian families. In this sense, the land tenure system reflected the missionary regime in important ways and helps test hypotheses about economic resources as well as power within this controversial institution. In addition, the changes in ownership and use of land became a key ingredient in determining the survival of indigenous groups once the government secularized the missions.

Status of Land Tenure Security in Nepal

2018 ◽  
Vol 17 (1) ◽  
pp. 22-29
Author(s):  
Harisharan Nepal ◽  
Anil Marasini
Keyword(s):  
Organizational Behavior ◽  
Land Tenure ◽  
Swot Analysis ◽  
Policy Reforms ◽  
Tenure Security ◽  
Tenure System ◽  
The Status ◽  
Self Actualization ◽  
New Policies ◽  
The Right

Land is a fundamental natural resource for living, an economic asset for production, legal entity with multiple rights over it and above all, a societal factor for self-actualization. So, ownership of land has multi-faceted understanding around the world. For the developing country like Nepal having diverse societal arrangements, land tenure system plays important role in economic, social and political structure. As Nepal is in the process of implementing federalization, assessment of land tenure security shall be one of the instruments for developing new land related policies and assessing the effect of new policies afterward. The objective of this paper is to perform SWOT analysis on the status of land tenure security in Nepal by reviewing the history of the tenure system and current tenure system, studying country reports and research papers and analyzing policies and institutions. The study shows that despite some initiatives by government, NGOs, bilateral agencies and media to improve land tenure security, land tenure insecurity prevails in all areas of the country even in registered lands. It is found that stable  rganization, registration of most of the built-up and cultivated land, advocacy to protect the right of landless has strengthened the land tenure security. However, the tenure rights of socially and economically disadvantaged people and displaced people from disasters have not been properly addressed and those people are at high risk of eviction from the place they are living. The study recommends that land tenure insecurity arising from political, legislative and organizational behavior should be managed by appropriate interventions and policy reforms. As most of the analyses of land tenure security in Nepal have been performed in a descriptive way, this study explicitly investigates the issue through SWOT analysis.

scholarly journals Prospects and challenges in ginger cultivation: Livelihood of the rural farmers in Dima Hasao district, Assam

2021 ◽  
Vol 17 (2) ◽  
pp. 724-728
Author(s):  
Phyllis Haizeutuale Panme ◽  
Lalzo S. Thangjom
Keyword(s):  
Land Tenure ◽  
Primary Concern ◽  
Rural Farmers ◽  
Tenure System ◽  
The People ◽  
North Eastern ◽  
Land Tenure System ◽  
Important Cash Crop ◽  
The Right ◽  
Additional Income

Ginger is an important cash crop which has gained a popular status among other major commercial crops for its profitability. Ginger cultivation provides additional income to households especially for the rural farmers in North Eastern India. The present study is an attempt to explore the prospects and challenges in ginger cultivation with special reference to Dima Hasao district of Assam. The major challenges that affects ginger production and marketing in the area under study is price fluctuation and inconsistent of ginger. Other factors like low innovation specific for ginger cultivation, lack of storage facilities, land tenure system affect the production as well as marketing of ginger. On the other hand the prospect of ginger cultivation is attributed to its profitability with very low investments. Since the cultivation of ginger in the area under study employs traditional method it requires no fertilizers and crop is easily maintained. The climatic condition in Dima Hasao district is ideal for growing ginger so, with the right approach and policy implementation, ginger has the potential to promote livelihood of the poor rural farmers on the district. Ginger cultivation can also be cultivated to provide supplementary additional income along with other crops. Promotion of livelihood in Dima Hasao district in order to secure the livelihood of the people within the traditional framework is a primary concern of the study.

Legal Language across Cultures: Finding the Traditional Aboriginal Owners of Land

1981 ◽  
Vol 12 (3) ◽  
pp. 187-211 ◽  
Author(s):  
Graeme J. Neate
Keyword(s):  
Land Tenure ◽  
Land Rights ◽  
Northern Territory ◽  
Legal Language ◽  
Land Claim ◽  
Land Trust ◽  
Tenure System ◽  
Land Tenure System ◽  
Ownership Of Land ◽  
Land Tenure Systems

The Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) was the first recognition at law of the traditional ownership of land in Australia by Aborigines. It provides means whereby Aborigines claiming to have a traditional land claim to certain types of land in the Northern Territory can demonstrate that ownership to the Aboriginal Land Commissioner. If he finds that there are traditional Aboriginal owners of the land he reports that finding to the Commonwealth Minister for Aboriginal Affairs and may recommend a grant of it to a Land Trust. Sometimes problems in ascertaining which, if any, Aboriginals are the traditional Aboriginal owners of the land claimed arise from the difficulty inherent in expressing the land tenure system of one culture in the language of another. The author illustrates this with examples from one land claim hearing and argues that the use of interpreters is desirable to enable the claimants to put their case clearly and for the Commissioner to understand more fully the intricacies of Aboriginal land tenure systems.

scholarly journals Faraizi Movement and Zamindars of Nineteenth Century Bengal: The Story of a Peasant Movement

2020 ◽  
Author(s):  
Nurul Hossein Choudhury
Keyword(s):  
Nineteenth Century ◽  
Land Tenure ◽  
Colonial Rule ◽  
Tenure System ◽  
The People ◽  
Legal Restriction ◽  
Permanent Settlement ◽  
Land Tenure System ◽  
British Colonial ◽  
The Government

The British colonial rule in Bengal had a very ominous impact on the people of the region as a whole. The introduction of a new land tenure system, known as the Permanent Settlement, and the creation of an all-powerful zamindar class particularly affected the interests of the peasants of Bengal. Under the new system, the government demand on the zamindars was fixed in perpetuity, but there was no legal restriction on the zamindars to enhance their share from the peasants. The peasants, consequently, became vulnerable to irregular rent increases and oppressions by the zamindars. The Faraizi movement, organized initially in the nineteenth century to reform the Muslim society, soon assumed the character of agrarian movement. In order to protect the poor peasants, the Faraizis soon became radical and challenged the zamindars. As majority of the peasants of the region, where this movement was launched, were Muslims and their zamindars mostly Hindus, the Faraizis used Islamic symbols to mobilize the Muslim masses. Thus, religion and economy intertwined in shaping such a protest movement in pre-industrial Bengal.  

Discourse on women and land tenure in Ghana: does a matrilineal land tenure system make a difference for women?

2021 ◽  
pp. 129-142
Author(s):  
Nancy Kankam Kusi ◽  
Frank Mintah ◽  
Valentina Nyame ◽  
Uchendu Eugene Chigbu ◽  
Menare Royal Mabakeng ◽  
...  
Keyword(s):  
Land Tenure ◽  
Social System ◽  
Land Ownership ◽  
Male Dominance ◽  
Her Family ◽  
Tenure System ◽  
System P ◽  
Land Tenure System ◽  
Cultural Negotiations ◽  
Female Power

Abstract This chapter highlights that matriarchy and matrilineal social orientations are not inherent guarantees of women's access to land but can reinforce male dominance over land ownership, control, and access to land. It notes that social structures and norms are subject to change and, in this instance, colonialization and modernization have acted as the two key influencers in reshaping Asante matriarchy. The researchers argue that the continuous interplay of cultural negotiations within the traditional matriarchal regime have caused a drastic transformation in Asante land tenure system which have fuelled unequal access to land. In effect, a postcolonial Asante woman is no longer guaranteed land tenure security from her family or community and more likely to face the harsh realities of landlessness. The chapter does not assume equal access to land hitherto but notes that the inequality gap has been further widened by the weakening of 'female power' in the matriarchal social system.

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