Whose Justice? The Agrarian Reform in the Post Communist Albania and Its Impact on the Right to Property.

2012 ◽  
Author(s):  
Luljeta Ikonomi
Keyword(s):  
Author(s):  
Carmen Soliz

Until the 1950s, the distribution of land in Bolivia, as in the rest of Latin America, was very unequal. But in 1953, a year after the 1952 national revolution, the nationalist revolutionary movement (MNR) enacted a decree on agrarian reform that dismantled feudal haciendas in the western highlands, abolished the system of forced peasant labor, and distributed expropriated lands to peasants. While the decree proved redistributive in the Altiplano and valleys, it ended up creating new concentrations of land in Bolivia’s eastern lowlands. This area, which constituted two thirds of Bolivia’s territory, was home to a number of indigenous groups who were displaced from their lands because of the expansion of latifundio in the second half of the 20th century. In 1996, after pressure from below, the neoliberal government of Gonzalo Sanchez de Lozada (1993–1997) approved a new agrarian law that recognized indigenous rights to collective territory (Tierra Comunitaria de Origen, TCO). In 2006, left-leaning President Evo Morales approved a new agrarian law. Although the new legislation mostly ratified the 1996 law, it established that only indigenous and peasant populations could be granted state lands. Despite this legislation claiming to protect the majority Indian and peasant population, scholars such as Colque, Tinta, and Sanjines note that it was under a neoliberal government, between 1996 to 2006, that much of the process of land distribution favored to indigenous groups of the lowlands, and it was under left-leaning President Evo Morales (from 2010 to the present [2018]) that much of land distribution favored medium and agricultural enterprises. The most important clash between the self-proclaimed indigenous Evo Morales and lowland indigenous groups was in September 2011 when indigenous groups living in the National Park and Indigenous Territory Isiboro Sécure (TIPNIS) protested against the government’s unilateral decision to build a road through their territory. Since 2011 (up to the present, 2018) the tension and political distance between president Morales and his loyal coca-leaf grower supporters—many of whom live on the borders of the park and are invested on the construction of the road—versus the indigenous groups of the lowlands have only grown. Ironically, it seems to be under Morales that key indigenous rights such as the right to prior consultation or the right to consolidate territories (TCOs) seem to be at the most risk.


Via Latgalica ◽  
2008 ◽  
pp. 46
Author(s):  
Vladislavs Malahovskis

During the first independence of the Latvian Republic, the radical agrarian reform between 1920 and 1937 was the most important attempt to solve the agrarian problem. At the core of the reform was the nationalization of the estates, the buildings, the interior inventory and the cattle, and the distribution of the land which had become property of the National Land Fund (NLF) among landless peasants and small farmers. The objective of the paper is to identify the different factors that cumbered the beginning of the agrarian reform in Latgale and made it more complicated. In Latgale there was a big problem to abandon the system of land management under collective responsibility, which slowed down the personal initiative of the farmers and therefore constrained the introduction of more progressive methods of land cultivation and management. In Latgale, as a long-term adminstrative part of the guberniya of Vitebsk, archaic methods of managementi similar to those in Russia prevailed. After the formation of the Latvian state, when the region of Latgale joined the better developed regions of Vidzeme, Kurzeme and Zemgale, the agrarian underdevelopment of Latgale became particularly obvious. Therefore, eliminating this gap in the agrarian development became one of the most important tasks on the way to an economically and politically stable state. Although the Latvian law on the Agrarian reform was meant to apply to the whole territory of Latvia, the agrarian reform in Latgale needed to react to peculiarities that demanded additional measures. While preparing and implementing the agrarian reform in Latgale, it was necessary to consider the historical „heritage” from the times when Latgale was part of the Polish- Lithuanian state and the Russian Empire: - A non-efficient system of management which was based on rural management expertise; - An artificially created shortage of land among the Latgalian, i.e. Catholic farmers, since there were restrictions for them in land purchasing; - Poorly educated and conservative farmers. Since 1917, the situation of the Latgalian farmers became worse because of unlawful activities by different armies such as the requisition of cattle and looting. Because of the continuing existence of the Soviet regime until January, 1920, the registration of landless peasants and the land assignment started later in Latgale than in other regions. When the land assignment in Latgale started, at first the data that the land surveyors and regional managers of the National Land Fund had gathered on site had to be processed. The precise area under the administration of the National Land Fund was not known, nor was the area of the land which was used for agricultural purposes. There were no maps of the major part of the estate and village lands in Latgale. As long as Latgale used to be the part of the Guberniya of Vitebsk, there was no data about Latgale. Many archives of the agrarian commission were destroyed by the communists in 1919, and during World War I parts of them had already been taken to Russia. There was no organized land register in Latgale. From a legal point of view, the land was registered under the name of one owner, but in reality many heirs often cultivated the land together. In addition, there were some legally registered shared land properties in Latgale. There were not many landless peasants in Latgale, but there were indeed many small farmers who had obtained the right to acquire additional land. The quantity of the land of the National Fund in Latgale did not correspond to the large number of land claims. In Latgale, about 60% of the small farmers had a right to claim land. Since the procedure of land assignment was therefore much more difficult in Latgale than in other Latvian regions, the special instruction № 25 was drafted for Latgale in addition to the law on the agrarian reform. This instruction regulated the principles of land assignment from the National Fund in the region. The instruction provided for greater privileges for land claims put forward by locals. Although there were a lot of difficulties and problems during the preparation of the agrarian reform and the land assignment in Latgale, it finally proved to be a great achievement for the solution of the agrarian problems in Latvia in general.


1966 ◽  
Vol 8 (1) ◽  
pp. 75-88 ◽  
Author(s):  
Ernest A. Duff

Colombia's current attempt at agrarian reform began in December 1961 with the passage of Law 135, “On Social Agrarian Reform.” The Law has as its central objective a change in land tenure relationships in the densely populated western (or Andean) section of Colombia, where latifundia and minifundia often exist side by side. The Law established the Colombian Agrarian Reform Institute (Instituto Colombiano de la Reforma Agraria or INCORA) as a semiautonomous governmental agency to direct the process of reform. In recent months, however, the pace of the reform, which began ten projects during the first six months of 1962, has been slowed considerably due to a multitude of problems, among which the most serious are unswerving opposition to the program by both the large landowners and their allies on the right, the Movimiento Revolutcionario Liberal (MRL and its allies on the left, and inadequate financing.


Author(s):  
Jullyane Frazao Santana ◽  
Rosana Evangelista da Cruz ◽  
Marli Clementino Goncalves

The National Agrarian Reform Education Program has advanced in relation to the policies historically developed in Brazil for the education of countryside populations, representing a paradigm shift. This article was directed by the following research problem: how did the implementation of Pronera materialize in the State of Piauí, through the Youth and Adult Education Project of Agrarian Reform Settlements? The objective is to analyze the Pronera implantation process in the State. The investigation was based on literature review, document analysis and interviews with different subjects from the institutions and movements involved in the implementing process of the Program. The results indicate that this process involved difficulties related to the structural precariousness of the settlements; the level of monitors training; the bureaucratic aspects of the process processing; the discontinuity in the release of the installments agreed in the work plans and the delay in pedagogical activities, elements that interfered in the dynamics of the Project's execution. The problems faced were being overcome by the engagement of the pedagogical team and the social and union movements involved, revealing that Pronera played a central role in expanding the processes of schooling and training of the people engaged in the struggles for the right to education and social transformation.


SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 99
Author(s):  
Ronald Saija ◽  
Fransiscus X. V. R Letsoin ◽  
Rory Jeff Akyuwen ◽  
Pieter Radjawane

Promulgation of Law Number 5 of 1960, brought its own consequences in terms of regulation of agrarian resources, including earth, water, space and natural resources contained therein. The ideals of the law in the realization of the objectives of the national agrarian law are realized in the form of the Agrarian Reform policy which is one of the ideals in the administration of President Joko Widodo. This policy was stated in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number IX / MPR / 2001 concerning Agrarian Reform and Natural Resource Management and followed up with the issuance of Presidential Regulation Number 86 of 2018 concerning Agrarian Reform. The Presidential Regulation regulates the determination of assets in the legalization of agrarian reform land object certificates. However, the problem is that it is feared that disputes and agrarian conflicts will arise in the right of recognition of the existence of communal rights for indigenous and tribal peoples explicitly mentioned in Ministerial Regulation ATR / Ka.BPN Number 10 of 2016, which seems to be no longer recognized by indigenous peoples in Indonesia. This paper is a legal research that uses the method of the statutory approach and conceptual approach that examines the recognition and use of customary land by using the norms contained in legislation. The results of this paper are directed to be able to provide clarity of legalization of customary community land as well as communal rights of indigenous and tribal peoples related to the issuance of Presidential Regulation Number 86 of 2018 which does not expressly state the position of indigenous peoples as the subject of policy arrangement on Agrarian Reform assets, so that the rights owned by marga indigenous and tribal peoples can be fought for.


2017 ◽  
Vol 13 (2) ◽  
pp. 41
Author(s):  
Gretha Leite Maia ◽  
Letícia Fernandes De Oliveira

O artigo objetiva analisar a Assembleia Nacional Constituinte na perspectiva das discussões sobre a reforma agrária no Brasil. Trata-se de um estudo histórico da formação de uma compreensão sobre o direito de propriedade e os reflexos dessa compreensão na estrutura política e jurídica do Brasil. Identifica como cada Constituinte brasileira se posicionou diante da questão agrária. Analisa as discussões da Assembleia Nacional Constituinte de 1987 nas comissões temáticas em que foi discutida a reforma agrária. Constitui-se como um estudo crítico do constitucionalismo brasileiro e aponta os limites da Constituição de 1988 no tocante à questão agrária. Utiliza o método histórico e analítico, com pesquisa bibliográfica e documental. Conclui pelo retrocesso da Constituição de 1988 no tocante à possíveis alterações da estrutura fundiária brasileira, em razão do modelo de desapropriação para fins de reforma agrária que se inscreveu na Constituição de 1988, a partir da crítica ao funcionamento e deliberações da Assembleia Nacional Constituinte de 1987.AbstractThe article aims to analyze the discussion of Agrarian Reform in the Brazilian 1987 Constitutional Assembly. This is a historical study about the understanding of the right of ownership and the consequences of this understanding in the political and legal structure in Brazil. It identifies how each Brazilian Constitutional Assembly discussed the Agrarian Reform. It also analyzes all thematic committees regarding Agrarian Reform that were discussed in the 1987 Constitutional Assembly. The article is a critical study of Brazilian 1988 Constitution and it is a historical and documentary research. It concludes that the Brazilian 1988 Constitution still kept the same agrarian structure and contributed very little to change the legal provision of land expropriation that Agrarian Reform required.KeywordsRight of ownership. Agrarian reform. Constitutional Assembly. 


Author(s):  
J. Anthony VanDuzer

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.


2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.


Sign in / Sign up

Export Citation Format

Share Document