scholarly journals Embracing risky refuge: women, land laws and livelihood vulnerabilities in rural Kenya

2021 ◽  
Vol 25 (spe) ◽  
pp. 1-24
Author(s):  
Mary Thamari-odhiambo
Keyword(s):  
Land Rights ◽  
Land Claims ◽  
Group Discussions ◽  
Fishing Villages ◽  
Vulnerable Communities ◽  
Land Disputes ◽  
Rural Kenya ◽  
Customary Laws ◽  
And Gender ◽  
Customary Land

There has been a growing interest in laws governing resources particularly land in reference to gender in Africa. Law reforms in relation to land have produced potentially useful regulations and espoused egalitarian land rights. However, the backdrop to these reforms contains a scene of land disputes, resistance to laws, violence against women and poor enforcement leading to injustices to women with a pervasive effect on families in vulnerable communities. Using focused ethnographic research methods, the writer investigated women's land rights between November 2015 and August 2016. In-depth interviews, focus group discussions, review of archival records and observations were utilised. The study found that in contexts of prolonged livelihood vulnerabilities, as in the case of the Luo people of south-western Kenya, women seeking refuge from livelihood difficulties employ two strategies to anchor their security. They migrate from marital homes to fishing villages and also lay claim to marital land, which is held by men according to customary laws. These strategies produce social dilemmas and risky manoeuvering. Statutory land laws that are enacted to mitigate land related conflicts undermine the existing customary land laws that advantage men. Therefore, women's land claims, and statutory land laws that espouse equality in land ownership, destabilise men's sense of masculinity. By drawing on the experiences of women, I show the intersection between land laws, enduring injustices and gender relations in a context of strained livelihoods.

Blockchain as a tool for land rights: ownership of land in Cyprus

2020 ◽  
Vol 12 (2) ◽  
pp. 171-182 ◽  
Author(s):  
Balkiz Yapicioglu ◽  
Rebecca Leshinsky
Keyword(s):  
Property Rights ◽  
Design Methodology ◽  
Peace Process ◽  
Land Rights ◽  
Land Claims ◽  
Content Type ◽  
Land Registration ◽  
Blockchain Technology ◽  
Land Disputes ◽  
Ownership Of Land

Purpose This paper aims to set out an argument for the use of blockchain technology as a land registration tool, for Cyprus and other disputed land contexts, to assist with land disputes, which may, in turn, promote peace and harmony. Design/methodology/approach The paper is exploratory in nature. It raises the historical and present land issues in Cyprus and highlights that blockchain technologies could work as a tool to record disputed property rights on the Island. Findings While there have been many pilots to date for blockchain land registration, there is still scope to develop blockchain as a tool to record land interests. Cyprus offers an exemplar opportunity to use such a tool to assist in developing peace on the Island. Originality/value While the paper is conceptual in its application of blockchain technologies, it is novel in that it strives to show how technologies such as blockchain can act as a tool to assist with land registration matters, which, in turn, can assist with new ways to approach the peace process. More research is necessary for this area of inquiry, especially as to how sidechains can act as a conduit for recording competing land interests and disputed land claims.

scholarly journals Implications of Customary Land Rights Inequalities for Food Security: A Study of Smallholder Farmers in Northwest Ghana

Land ◽  
2020 ◽  
Vol 9 (6) ◽  
pp. 178
Author(s):  
Baslyd B. Nara ◽  
Monica Lengoiboni ◽  
Jaap Zevenbergen
Keyword(s):  
Food Security ◽  
Smallholder Farmers ◽  
Land Rights ◽  
Intervention Strategies ◽  
Focus Group Discussions ◽  
Group Discussions ◽  
Tenure Security ◽  
Key Players ◽  
Customary Land ◽  
The Impact

Inequalities in land rights exist globally, both in formal and customary settings. This is because land rights are either strong or weak, and held by various categories of people. The weaker variants of the inequalities tend to stifle tenure security, reduce land use, and threaten the food security of those dependent on the land for survival. This paper investigated the implications of customary land rights inequalities and varying tenure insecurity for food security among smallholder farmers in northwest Ghana. It identified the nature of rights inequalities, the number of rights and in whose possession. The research also assessed the kinds and nature of land rights as well as how such rights affect people’s farm sizes and subsequently farming output for ultimate food security. The data collection techniques were focus group discussions and interviews of key informants and key players in key organisations. Results revealed the existence of food insecurity among smallholder farmers (settlers/migrants) who have both fewer and weaker land rights as compared to landowners who possess numerous and stronger rights in the study area. Results also showed that weak and unequally skewed land rights lead to uncertain tenure durations and reduced farm sizes, which affects farmed area, farm output, food availability, accessibility and food security. Furthermore, farmers expressed the need to apply coping strategies to overcome the impact of unequal land rights. This research recommends further studies to design intervention strategies to better understand land rights inequalities and their implications. The outcome is expected to contribute to informing interventions to narrow these inequalities and reduce the implications that can later enhance food security.

The Influence of Judicial Uncertainty on Executive Support for Negotiation in Canadian Land Claims Policy

2009 ◽  
Vol 42 (2) ◽  
pp. 417-442 ◽  
Author(s):  
Christa Scholtz
Keyword(s):  
Time Series ◽  
Research Agenda ◽  
Judicial Politics ◽  
Federal Budget ◽  
Land Rights ◽  
Land Claims ◽  
Indigenous Groups ◽  
Indigenous Land Rights ◽  
Indigenous Land ◽  
Judicial Uncertainty

Abstract. Governments and Indigenous groups bargain under the shadow of the law, and this paper pushes the judicial politics research agenda by examining empirically whether flickers in law's shadow systematically affect the implementation of the Canadian government's negotiation choice in the Indigenous land rights context. Through interviews and a time series analysis of Canada's specific claims policy, I find that judicial uncertainty increases the federal government's propensity to accept specific claims for negotiation. However, there is evidence that Indigenous protest action during the Oka crisis and Elijah Harper's role in scuttling the Meech Lake constitutional accord, more than other factors, greatly impacted the federal budget allocated towards negotiation.Résumé. Les négociations entre les gouvernements et les groupes autochtones se déroulent sous les auspices de la loi, et le présent document examine le programme de recherche sur les politiques légales afin de déterminer de façon empirique si certaines imprécisions dans la loi influent sur les options retenues par le gouvernement du Canada en ce qui concerne les droits sur les terres autochtones. Une analyse statistique de la politique de revendication en vigueur au Canada ainsi qu'un certain nombre d'entrevues m'ont permis de constater l'existence d'un flou juridique qui amène le gouvernement fédéral à accepter d'examiner certaines revendications spécifiques à la table des négociations. Il semble toutefois que certains incidents particuliers, comme les gestes de protestation posés par les autochtones lors de la crise d'Oka, ou le rôle joué par Elijah Harper dans l'échec de l'Accord constitutionnel du lac Meech, aient eu une incidence marquée sur l'importance des sommes allouées par le gouvernement fédéral à ces négociations.

scholarly journals HAK ATAS TANAH ADAT DAN PERMASALAHANNYA

GANEC SWARA ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 120
Author(s):  
WAYAN RESMINI
Keyword(s):  
Human Life ◽  
Customary Law ◽  
Religious Leaders ◽  
Educational Approach ◽  
Economic Rights ◽  
Positive Law ◽  
The People ◽  
Land Disputes ◽  
Objective Understanding ◽  
Customary Land

Land for human life contains a multidimensional meaning, both in terms of social, economic, political and sacred aspects. Because it has a multidimensional meaning, unquestionably every person who owns land will defend his land in any way if his rights are violated.     Land disputes are not a new thing happening in the community. But the dimension of disputes is increasingly widespread in the present, including customary land in its development also has a new value, besides as a means of production, also as a means to speculate (economy) that land has become a commodity where economic transactions take place with expectations of margin (financial) trade in exchanged commodities.     Issues of customary land with a formal juridical approach will not achieve effective results. Law not merely customary is expected to overcome land problems that are so complex and too related to the application of existing laws and regulations. This is needed support with various efforts to ensure the fulfillment of the economic rights of the people, so that at least similar demands can be minimized in the future. In addition, a synergy of positive law in the land sector is needed with customary law in the community, namely (1) an objective understanding of State land, communal land and land rights is needed in the context of customary law and positive law. (2) The approach taken is a persuasive-educational approach and not imposing unilateral will. (3) the need for a cultural religious approach, which can be implemented through three (3) leadership elements, namely traditional leaders, religious leaders, and formal leaders who truly understand traditional law and positive law (UUPA and implementing regulations)

scholarly journals Kedudukan Krama Desa yang Beralih Agama dalam Tanah Karang Desa di Desa Adat Canggu Badung

2020 ◽  
Vol 1 (1) ◽  
pp. 59-67
Author(s):  
I Komang Suartama Yasa
Keyword(s):  
Social Problems ◽  
Legal Research ◽  
Land Disputes ◽  
The Status ◽  
Customary Land ◽  
And Function ◽  
The Village

The status and function of customary land causes land problems to become complex, which can be a source of legal and social problems that appear in various forms of land disputes. Likewise with respect to the village plots, it is not free from disputes. There are many factors that lead to the disputes in village yards. The objectives of this study is to examine the rights and obligations of the village manners who occupy the village reef land and to examine the position of the village manners who are no longer Hindu towards the village coral land are in accordance with the Canggu Badung Adig village awig-awig. The type of study used is empirical legal research. The results of this study is 1) the rights and obligations of the village manners who occupy the village reef land in accordance with awig- awig Adat Canggu Badung Village is to occupy the village coral land, bearing in mind the village manners who occupy the village coral land have been regulated in Awig-Awig Canggu Adat Village, Pawos 4 Paragraph (1) and is obliged to participate in retribution, carrying out village directives and paying contributions. 2) The position of the village manners who are no longer Hindu towards the village coral land is in accordance with the awig-awig of the Traditional Village of Canggu Badung every village manners who convert, then the manners are called tamiu manners. Based on this, all the assets or facilities of the customary village must be returned to the customary village, including the village coral land it occupies, as stated in the Pararem of the Canggu Customary Village, Pawos 4 Paragraph (3).

scholarly journals Understanding patient health-seeking behaviour to optimise the uptake of cataract surgery in rural Kenya, Zambia and Uganda: findings from a multisite qualitative study

2021 ◽  
Author(s):  
Stevens Bechange ◽  
Emma Jolley ◽  
Patrick Tobi ◽  
Eunice Mailu ◽  
Juliet Sentongo ◽  
...  
Keyword(s):  
Cataract Surgery ◽  
Visual Impairment ◽  
Healthcare Delivery ◽  
Healthcare Providers ◽  
Health Seeking ◽  
Healthcare Delivery System ◽  
Group Discussions ◽  
Patient Health ◽  
Rural Kenya ◽  
Rural Zambia

Abstract Background Cataract is a major cause of visual impairment globally, affecting 15.2 million people who are blind, and another 78.8 million who have moderate or severe visual impairment. This study was designed to explore factors that influence the uptake of surgery offered to patients with operable cataract in a free-of-charge, community-based eye health programme. Methods Focus group discussions and in-depth interviews were conducted with patients and healthcare providers in rural Zambia, Kenya and Uganda during 2018–2019. We identified participants using purposive sampling. Thematic analysis was conducted using a combination of an inductive and deductive team-based approach. Results Participants consisted of 131 healthcare providers and 294 patients. Two-thirds of patients had been operated on for cataract. Two major themes emerged: (1) surgery enablers, including a desire to regain control of their lives, the positive testimonies of others, family support, as well as free surgery, medication and food; and (2) barriers to surgery, including cultural and social factors, as well as the inadequacies of the healthcare delivery system. Conclusions Cultural, social and health system realities impact decisions made by patients about cataract surgery uptake. This study highlights the importance of demand segmentation and improving the quality of services, based on patients’ expectations and needs, as strategies for increasing cataract surgery uptake.

scholarly journals A Qualitative Exploration in Causes of Water Insecurity Experiences, and Gender and Nutritional Consequences in South-Punjab, Pakistan

2021 ◽  
Vol 18 (23) ◽  
pp. 12534
Author(s):  
Farooq Ahmed ◽  
Muhammad Shahid ◽  
Yang Cao ◽  
Madeeha Gohar Qureshi ◽  
Sidra Zia ◽  
...  
Keyword(s):  
Physical And Mental Health ◽  
Group Discussions ◽  
Water Insecurity ◽  
Health And Nutrition ◽  
Punjab Province ◽  
Household Water ◽  
Optimal Health ◽  
Victims Of Violence ◽  
And Gender ◽  
Qualitative Exploration

Although water insecurity has been discussed in general, its impacts on mothers’ physical and mental health, and infants’ and young children’s feeding (IYCF), has largely been ignored. This study explores household water insecurity experiences and their association with optimal health and nutrition of women and children in the Rajanpur district of Punjab Province. Using focus group discussions (FGDs) and key informants (KIIs) interviews from an area with high maternal-child malnutrition prevalence, a qualitative study was conducted to describe local experiences of water acquirement and arrangement, and of the consequences of water insecurity. The findings highlight that rural Western marginalized populations of the Rajanpur district rely on brackish, canal, or flood surface water as the water supply is absent, which intensifies mothers’ work burden and stress, and often makes them victims of violence, stigma, and sickness. Water fetching impacts women in unforeseen ways, impacting the psychosocial and physical health of mothers engaged in maternal breastfeeding. Water insecurity, originally rooted in regional disparities, compounds with gender inequities, which leads to maternal stress and child sickness. Justice in water resources is imperative and urgent in the deprived South of Punjab province for improving public health nutrition.

scholarly journals Tungiasis in Western Kenya: Knowledge, Perceptions, and Practices of Household Heads – A Crossectional Study

2019 ◽  
Vol 8 (9) ◽  
pp. 7-13
Author(s):  
Andrew Okoth Aballa
Keyword(s):  
Formal Education ◽  
Demographic Data ◽  
Household Head ◽  
Modified Technique ◽  
Social Scientists ◽  
Exact Test ◽  
Rural Kenya ◽  
Knowledge And Attitude ◽  
Household Heads ◽  
And Gender

Background: According to reports of AHADT Kenya, tungiasis afflicts four million Kenyans with 10 million more at risk of severe infestation. Anecdotal reports suggest that lack of knowledge and retrogressive beliefs and practices of household heads, them being the key decision makers in rural homes, might be barriers to the control of tungiasis. Objective: To assess the knowledge, perceptions, and practices of household heads regarding tungiasis in Kenya Methodology: A crossectional study was done in Otwenya Location, Maseno Division, Kenya. Seventy-eight (78) homes were visited and all their household members checked for the presence of tungiasis. Structured pretested questionnaires were used to collect the socio demographic data of household heads and the knowledge, perceptions, and practices around tungiasis evaluated. Data analysis was done using version 21 of the Statistical Package for Social Scientists (SPSS) software. A modified technique by Memon et al. was used to compute the knowledge and attitude scores. Fisher’s exact test with Cochran Mantel Haenszel statistics was used for data analyses at 95% CI. Results: Our data was collected in Urudi Rata (39.7%), Mbeka (35.6%), and Mariwa (24.4%) villages. Most houses had iron sheer roofs (93.6%) and floors plastered with dung or cement (60.3%). Household heads were mainly female (71.8%) with primary level education (67.9%). Tungiasis was found in 39.7% of households. Earth floors (OR=11.1, P<0.01) and overcrowding (OR=3.4, p=0.04) were risk factors for tungiasis. Most respondents (75.7%) had a moderate knowledge of tungiasis with it being lowest among heads with no formal education (OR=35.56 (1.7 to 732.6), p=0.02). The knowledge of tungiasis did not influence its occurrence in homes. (p=0.49). Most respondents (82.1%) had poor perceptions of tungiasis, which did not vary by the age, education, and gender of household. However, odds of infestation was over 4.9 times higher in homes where household head had negative perception of tungiasis (OR=4.9 p=0.03). The extraction of fleas (91.1%) was the commonest treatment option. Conclusion: Tungiasis is a common ectoparasitosis in rural Kenya with a prevalence of 19.5%. Household heads are knowledge about tungiasis. However, retrogressive beliefs, negligence, and stigma are barriers for its control.

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