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Different understandings of indigeneity have been used to justify who receives reparations or acknowledgment of historic injustices in white settler nations. This article seeks to interroga...

Women’s land rights remain a highly contentious issue across much of contemporary Africa. Often, social infrastructures, namely the law, culture and patriarchy, are impugned for excluding women fro...

This article is about Indigenous territorial title and land rights, and specifically those of the Algonquin Anishinaabeg Nation. In 1983, the Algonquins of Pikwàkanagàn, residing in the province of Ontario, petitioned the Crown to recognize Algonquin territorial title and rights to 36,000 square kilometres of their natal homelands in the Ottawa River watershed. With negotiations beginning in the early 1990s, an Agreement-in-Principle was developed and ratified in 2016, the penultimate step to the largest modern treaty in Ontario's history. In this article, we examine the argument for moral rights to territory, not in terms of the Canadian or international legal order, nor even through examining the documents and voice of the Algonquin Anishinaabeg, but through the lens of an argument that has been advanced as the basis of the international territorial rights of states. We argue that the justifications for state rights territory—grounded in the considerations that ensue from an analysis of occupancy groups—provides a stronger claim to territorial jurisdiction and title in the case of the Algonquin Anishinaabeg Nation than the competing claim by the Canadian state.

This community service activity is motivated by the worsening position of Indigenous Rights that are already rooted in the lives of indigenous peoples. Weak socialization and public understanding of the importance of law that can protect themselves from the progress of the times, so this community service has the aim of (1) providing an understanding so that customary rights with their local wisdom can be protected by the government in the form of regional regulations so that in the future whoever will lead will still have legal certainty, (2) Encourage local governments to immediately make regulations (customary regulations) that can protect the rights of local indigenous peoples. This activity is a socialization of regulations so that indigenous peoples know that their rights can be protected by the government in the form of local regulations. This can be seen from the presence of one of the tribes (Togutil) at the activity location who is still living in the Halmahera forest, North Maluku, whose existence is in a mining area that has the potential to be exploited and they are vulnerable to not being involved in the management of the results, let alone being able to share it to be utilized. as much as possible for their prosperity and welfare as mandated by the 1945 Constitution, because there is no central government or local government policy that reflects the existence of the Togutil tribe as the most important part in the management of natural resources. The conclusion of this socialization activity received a positive response from the community, marked by the start of the drafting of a regional regulation with support from local academics and other related parties so that indigenous peoples will receive legal certainty over their rights.

Este artigo visa compartilhar reflexões tecidas no âmbito da pesquisa intitulada “A Política de inclusão e os fatores de permanência e êxito dos estudantes indígenas no IFRO/Campus Guajará-Mirim”, a qual se encontra em desenvolvimento no Programa de Mestrado em Rede Nacional em Educação Profissional e Tecnológica – ProfEPT, no Instituto Federal de Rondônia. Trata-se de um recorte que aborda a temática da identidade e da diferença, considerando os desafios da inclusão educacional de estudantes indígenas da etnia Wari’. A aquisição dos dados foi realizada com base no método da História Oral e em observações em campo de tipo não-participante realizadas no Campus Guajará-Mirim do IFRO e em aldeias da Terra Indígena Igarapé Lage. A base teórica que deu suporte às análises relaciona-se ao campo da Educação Intercultural. Os resultados apontam para a necessidade de aprimoramento da política institucional de inclusão, permanência e êxito estudantil, ampliação do diálogo intercultural, adaptações curriculares e valorização da oralidade nos processos avaliativos.

The politics of land rights and low or high intensity protest in the twenty-first century has produced several land-related protesters with a variety of strategies. This study focuses on the challenges of urbanization as it affects the Kpaduma community in Abuja, Federal Capital Territory (fct), Nigeria. Kpaduma, an indigenous group, has a history of protest at various times with the government over its ancestral land. The last protest in 2016 brought massive destruction of settlements and forced displacement. Quite a number of works have been written on the land protests, with particular reference to their causes and consequences. However, the post-protests situation, particularly regarding the tense relationship and urbanization process in the locality, is yet to be sufficiently explored. This study investigates the state of relations between the government and Kpaduma as well as the urbanization processes in the country’s capital after the forced displacement of Kpaduma.

Sale and purchase of land rights regulated in PP no. 37 of 1998 concerning the Regulation of the Position of the Land Deed Making Official (PPAT) must be carried out in front of the authorized official. The PPAT's main duties and authorities are regulated in Article 2 paragraph (1), Article 3 paragraph (1) and paragraph (2). Cangkering Village is located in South Amuuntai District, North Hulu Sungai Regency. The people in this village carry out the practice of buying and selling land under their hands in front of the village head. The purpose of this study was to examine the factors behind the Cangkering Village community still doing buying and selling under the hands of which the practice was only poured in front of the Village Head. Second, how to resolve the problem if there is a dispute over the sale and purchase of private land. This type of research is a sociological juridical research using primary data and secondary data. The main activities that will be carried out in carrying out this research, namely field studies (Field Research) and literature studies (Library Research). The results of the study found that there are several factors that cause people to still do buying and selling under their hands. First, the factors of habit and culture. Second, the trust factor. Third, the fast process factor and low cost. Fourth, education factor and lack of socialization. When there is a dispute arising from the sale and purchase under the hands, the Cangkering Village Head will try to resolve it through mediation or through deliberation and peace between the two parties. Abstrak Jual beli hak atas tanah yang diatur dalam PP No. 37 Tahun 1998 tentang Peraturan Jabatan Pejabat Pembuat Akta Tanah (PPAT) harus dilakukan dihadapan pejabat yang berwenang. Terkait tugas pokok dan kewenangan PPAT diatur di dalam Pasal 2 ayat (1), Pasal 3 ayat (1) dan ayat (2). Desa Cangkering berada di Kecamatan Amuuntai Selatan Kabupaten Hulu Sungai Utara. Masyarakat di desa ini melakukan praktik jual beli tanah bawah tangan di hadapan Kepala Desa. Tujuan penelitian ini adalah meneliti faktor-faktor yang melatarbelakangi masyarakat Desa Cangkering masih melakukan jual beli dibawah tangan yang prakteknya hanya dituangkan di hadapan Kepala Desa. Kedua, cara penyelesaian masalah jika terjadi sengketa terhadap jual beli tanah di bawah tangan. Jenis penelitian ini adalah penelitian yuridis sosiologis dengan menggunakan data primer dan data sekunder. Kegiatan utama yang akan dilakukan dalam melaksanakan penelitian ini, yaitu studi lapangan (Field Research) dan studi kepustakaan (Library Research). Hasil penelitian menemukan bahwa ada beberapa faktor yang menyebabkan masyarakat masih melakukan jual beli di bawah tangan. Pertama, faktor kebiasaan dan kebudayaan. Kedua, faktor kepercayaan. Ketiga, faktor proses cepat dan biaya ringan. Keempat, faktor pendidikan dan kurangnya sosialisasi. Ketika ada sengketa yang timbul akibat jual beli di bawah tangan tersebut, Kepala Desa Cangkering akan berupaya untuk menyelesaikan secara mediasi atau secara musyawarah dan perdamaian kedua belah pihak.

La commercialisation intensifiee de la terre au Maroc a genere un debat opposant differentes conceptions de ce que devrait etre le droit des femmes a la terre. L’article etudie certaines transformations nees de ce debat en partant des arguments developpes par des professionnels du droit au sein de tribunaux administratifs, devenus des acteurs importants du processus d’attribution de droits a la terre. Il montre que le passage par les tribunaux marque un resserrement des referentiels juridiques : non seulement la coutume est mise au second plan mais la combinaison de references a la Constitution et au referentiel musulman ouvre la voie a l’application, au moment du partage des terres, des regles du droit successoral qui attribuent aux femmes la moitie de la part des hommes.

This paper examines the treatment of customary land rights of indigenous peoples by State law in Nigeria and Kenya. Nigeria is chosen as a case study and Kenya has on-going legal reforms in relation to customary land rights. Both Kenya and Nigeria have plural legal systems. The objective is to demonstrate how Kenya has responded to the challenges of protecting customary land rights and how other African States, like Nigeria, should respond to similar challenges.

Las disputas judiciales entre el Estado y las comunidades indígenas por el reconocimiento de derechos históricos sobre la tierra están en el centro de los debates en Guatemala. Se trata de un proceso que involucra hechos y eventos históricos de larga data sobre relaciones de propiedad que, muchas veces, son contradictorias con las ahora vigentes. Utilizando como plataforma de análisis un caso en proceso de resolución en tribunales nacionales e internacionales, este artículo pretende aportar algunas ideas sobre cómo una comunidad localizada y construida en tiempos y proyectos políticos diferentes, la finca Buena Vista, ha gestionado relaciones de propiedad, entendidas como relaciones sociales. Los escenarios históricos que se han desarrollado en torno a esas formas de propiedad evidencian cómo el Estado las ha visualizado y cómo esa comunidad cambiante las ha recreado a partir de sus registros y parámetros.

The development of land rights programs is deeply rooted in power relations. Using discourse analysis, this paper unpacks how Western logics (assumptions and conventions) regarding ‘best practices’...

Over the last two decades, women leaders known as sulāliyāt from various parts of rural and semiurban Morocco, have been in the vanguard of local contestations over the privatization of communally held land. The stand taken by these rural women against neoliberal privatization policies sometimes puts them in direct confrontation with urban women reformers, whose claims in favor of a universal feminism reveal a value system outside local customary understandings of morality, gender, and land. This article aims to account for the emerging female leadership of the sulāliyāt that operates outside urban centers, but also beyond the universalist language of feminism related to abstract notions of female autonomy and gender equality. Deeply rooted in socioeconomic issues, including land expropriation and the displacement of local peasant populations in the name of reform, development, and a public common good, sulāliyāt tie gender dynamics to the intersectional structural inequalities produced and reproduced by land privatization and by the alliance between the open-market economy and patriarchal political authoritarianism. This article explores the subaltern agency of the sulāliyāt through an interdisciplinary examination of their leadership. The sulāliyāt challenge to official narratives of development and universalist human rights signals their capacity to formulate alternative local meanings of land ownership.

Colonial engineering in the Lower Bari Doab—the largest of the seven canal colonies and home to the disputed Okara Military Farms in Central Punjab—opened up ‘new worlds’ at the turn of the twentie...

The ‘land complaints’ files of the Transkei magistrates from the mid 20th century provide an under-recognised and important source regarding living customary law in South Africa. Land complaints we...

This article discusses how Zapatista women have built themselves as transformative political subjects that disrupt the racist, classist, and patriarchal nation-state. It underscores the importance of reflecting on Zapatista women, on their struggle for particular demands specified in the Revolutionary Women’s Law, especially the collective struggle for obtaining rights such as to land, to participate politically, and to organize themselves in the armed struggle. Instead of entering into debate over whether Zapatista women are feminists or not, this article recognizes how, besides transforming living conditions, the Zapatistas have organized politically and gone from a process of invisibility, silence, and obedience to one of recognition, speech, and command. In this sense, the struggle of Zapatista women is an example of theoretical and practical ruptures within the history of class, gender, and race struggled in Mexico and the world.

In 2011, after five decades of authoritarian rule, Myanmar accelerated its military-guided transition, culminating in partially democratic elections in 2015. While land reform was a central part of protest that led to governmental changes, unlawful land confiscation and forced evictions remain central obstacles to transition in Myanmar. The current government has failed to reform the legal framework, institutions, policy and practice violating Housing, Land and Property (HLP) rights. While civil society has called for participatory and accountable institutions, a perceived need to appease the military, to harness the economic power of ‘crony’ businesspeople and to attract foreign investment has left violations of HLP rights inadequately addressed. This article argues that transitional justice’s guarantees of non-reoccurrence are essential to the protection of HLP rights in Myanmar, and that the best method of preventing reoccurrence is through upholding the state duty to protect human rights by reforming laws and institutions.

A review on the implications of land tenure regimes on women’s land rights is relevant in the Ugandan context and other countries in Africa due to the fact that land is in many ways the most important productive resource to possess or have access to. Rights over land are associated with social identity and help to regulate what people do with that land as a source of livelihood. Despite the critical contribution of land resource, it is not equitably distributed. The position of women in land accessibility, control and ownership is still precarious under the different tenure regimes in Uganda. A literature review was conducted to assess the implications of the tenure regimes on women land rights in Uganda, with specific reference to the land legality and the legal framework. From the literature reviewed, the study indicates that women’s right to land under the land holding systems are largely limited to access rights but not ownership rights. Ugandan women face significant challenges accessing justice when their rights are violated. The lack of clear distinction between legitimacy and legality of land rights makes it difficult to attain effective women’s rights to land. A combination of contemporary and customary law still restricts land rights of women in that the statutory instruments in place have failed to grant women the right to land. The study recommends that the necessary change required to narrow the gender gap in land rights necessitates simultaneous struggles over the norms and legal structures governing women’s land rights.

This article explores the multiple processes of maintaining access and asserting user rights to forest space among the Van Gujjar pastoralists in North India. In particular, the Forest Rights Act of 2006 (FRA) has created an opportunity for forest dwellers across India to seek legal means to forest rights. Conducting ethnographic fieldwork, organising workshops on forest rights, and mapping traditional territories among the Van Gujjars, we observed that complex cultural performances are necessary for the Van Gujjars to claim access to forest areas and resources—legal or otherwise. These performances include, but are not limited to, litigation, supporting emergent leaders, and caring for cattle and kin under constant threats of evictions. Drawing on recent scholarship on the everyday formation of territorial governments, we examine how communities maintain, contest, or reinvent cultural practices and governance in the context of their struggles for access inscribed as forest rights. In contrasting cases among two groups of Van Gujjars seeking rights to forest spaces in the two neighbouring states of Uttar Pradesh and Uttarakhand, we shed light on the repercussions that formally or informally engaging the FRA can have for communities of forest dwellers. Based on ethnographic research completed between 2012 and 2019, we find that 1) the Van Gujjar territorial governments carrying on these claims are more diverse than the law recognises, and that 2) not all communities see it worthy to organise a territorial government claiming formal rights under the FRA. Fundamentally, we discern that more immediate threats to Van Gujjar livelihoods result in a greater shift in their cultural practices towards organising a territorial government seeking forest rights through the FRA.

This study aims to analyze the legal issues faced with regard to society and land, birth certificates and legal reviews of the role and duties of a notary in Indonesia. The method in this research is to use normative legal research, collect and analyze secondary data, namely books, diaries, laws and regulations, court decisions, legal theories and opinions of leading legal scholars who to analyze statutory regulations and various literatures related to land title certificates. The results of the study found that the importance of land title certificates, as a person's control over land, is a human right that deserves protection and assurance of certainty of ownership and is contained in a rule as regulated in UUPA No. 5 of 1960. Then, the role of a notary as an official which is given the authority by the state, especially the making of authentic deeds, as regulated in UUJN No. 30 of 2004, the Notary Public needs to use a legal philosophy approach to ensure legal protection for the community using his services through accurate case mapping, legal corrections, linguistic improvements and comprehensive services.

The right of Australian Indigenous groups to own traditional lands has been a contentious issue in the recent history of Australia. Indeed, Aborigines and Torres Strait Islanders did not consider themselves as full citizens in the country they had inhabited for millennia until the late 1960s, and then only after a long campaign and a national referendum (1967) in favour of changes to the Australian Constitution to remove restrictions on the services available to Indigenous Australians. The concept of terra nullius, misapplied to Australia, was strong in the popular imagination among the descendants of settlers or recent migrants and was not definitively put to rest until the Mabo decision (1992), which also established a firm precedent for the recognition of native title. This path to equality was fraught and made lengthy by the fact that the worldviews of the Indigenous Australians (i.e. Aborigines and Torres Strait Islanders) and the European (mainly British and Irish) settlers were so different, at least at a superficial level, this being the level at which prejudice is typically manifested. One area where this fact is particularly evident is in the area of the conceptualisation of property and especially the notion of land “ownership” and “use”. In this paper, we will focus on these terms, examining the linguistic evidence of some of the Australian languages spoken traditionally by Indigenous Australians as one means (the only one in many cases) of gaining an insight into their worldview, comparing it with that underlying the English language. We will show that the conceptualisations manifested in the two languages are contrasting but not irreconcilable, and indeed the ability of both groups of speakers (or their descendants in the case of many endangered Australian languages) to reach agreement and come to develop an understanding of the other’s perspective is reason for celebration for all Australians.

The changing socio-economic scenario has brought its negative repercussions on the tribal women. They are not only being denied land rights but are also being made the victims of violence by the males. They are mostly widows, single and separated women. This research article focuses on the Munda tribe in Jharkhand and attempts to study the customary practices of the land inheritance among the Munda women. It also delineates the legal and social impediments faced by Munda women when it comes to the issue of land inheritance.

Securing land rights and the rationalisation of the debate on formalisation of land rights through titling have been the focus of many scholars for some time now. At least, there is consensus among most scholars that land registration is one of the ways of addressing these issues and that current land registration system in most developing countries needs reforms. This paper examines the design and implementation processes of land registration reforms in Ghana. Using the Greater Accra Regional Lands Commission as a case study and institutional design theories, the article analysed how land registration reforms were design and implemented. The paper shows that the design strategies for the reforms were harmonisation of policies and laws and organisation restructuring at the organisational and process levels, but staff resistance to change led to implementation flaws. The paper recommends that institution design of land registration reforms must be combined with the theory of change where all staff are taken through the new organisation’s work ethics and attitudinal change processes adequately.

The Basarwa are the most marginalised tribe in Botswana. Their loss of access to land and subjugation is traceable to the arrival of the Bantu in Southern Africa. In an effort to address this historical injustice, the colonial government conceived the Central Kalahari Game Reserve (CKGR) as a ‘Bushmen’ land reserve. Notwithstanding this, the Basarwa have lost access to their historical lands and natural resources to tourism and mining. Consequently, the Basarwa took the government to court which resulted in the judicial pronouncement that that they are lawful occupiers of the reserve and cannot be relocated against their will. The court ruled that the Basarwa are indigenous peoples within the scope of international law. This article investigates the rights indigenous peoples have in the context of protecting the Basarwa. It argues that the Constitution of Botswana confers special rights to the Basarwa equivalent to those of indigenous peoples at international law. It further argues that the Basarwa have rights to access and utilisation of natural resources in the CKGR. This article recommends that the government should desist from approaching the Basarwa in a paternalist manner and respect their right to self-determination. It concludes that the recognition of the indigeneity of the Basarwa is critical in resolving their land issues.

The land is very important for human life. Land problems often occur which still exist from ancient times until now. This research was conducted with the aim of describing how a certificate as proof of ownership of land rights can provide legal protection for people and legal entities as rights holders and whether the land title certificate must be supported by other evidence in its proof. The research method used is normative legal research with the approach of applicable laws and regulations. The results of this study indicated that in land disputes in court proceedings, certificates as proof of ownership can be used by judges to strengthen evidence to seek the truth. In proving an event or legal relationship, it must be supported by the existence of the truth or right. One way to do this is by submitting something that contains a reading sign in certain forms made by an authorized official. Furthermore, a certificate of ownership of land as a means of written evidence in a civil case examination can be proven by other means of evidence in which according to the judge's judgment it turns out that the evidence has perfect evidence strength and the statements contained in the certificate are proven to be incorrect.

Since the end of the Cold War, the World Bank and other Western development agencies have prescribed restructuring land rights in post-communist economies to promote land markets, with the goal of alleviating poverty and social conflicts. But restructuring land rights in such settings is more difficult than it may seem. Ethiopia’s efforts in this area have produced disparate laws that have exacerbated both the intensity and the frequency of land conflicts. This article analyzes all land cases decided by the Council of Constitutional Inquiry (CCI) and the House of Federation (HoF), Ethiopia’s constitutional review bodies, from 1998 to 2018. It shows that from 1998 to 2014, the trial and appellate courts were favorably disposed toward the policies of international financial agencies, and that the CCI and the HoF acquiesced. However, starting in 2014, following a countrywide protest connected to land dispossession, the CCI and the HoF have reversed the lower courts’ judgements by invoking constitutional clauses declaring that land belongs to the Ethiopian nations and that it cannot be alienated. The country’s experience reveals the perils of restructuring land rights without paying close attention to distributive concerns and the needs of those who end up being excluded from property access.

Os povos indígenas do Brasil vêm passando por transformações desde o período de colonização, quando o contato com os europeus iniciou seu processo de hibridação cultural. Atualmente, o meio de vida tradicional indígena busca estratégias de assimilação cultural, ao mesmo tempo que procura resistir e conservar sua identidade junto à sociedade envolvente. Nesse novo formato, os povos indígenas necessitam cada vez mais do uso do dinheiro, e, tendo em vista as poucas opções de renda monetária dentro da Terra Indígena (TI), o recurso mais comum tem sido buscar complementar a renda fora do seu território. Assim, o presente estudo teve por objetivo analisar as estratégias e consequências do processo de assalariamento dos povos Kaingang e Guarani da TI Mangueirinha, PR. Para tanto, a pesquisa buscou entrevistar agenciadores, lideranças e trabalhadores indígenas que estão inseridos no processo de assalariamento indígena. Ao final, percebeu-se que as lideranças indígenas têm um papel significativo no processo de assalariamento formal dos indígenas, assim como identificaram-se respostas distintas desse processo, de acordo com a cultura envolvida.

The aim of this article is to anlyze the legal basis of granting coastal and island territory to indigenous people in the Province of Riau to connected with the issuance of legislation on the management of coastal areas and small islands in the provisions of regulation Number. 27/2007 and the rights of local coastal waters and small islands according to goverment regulation Number 40/1996, especially in clause of 60 starting for granting of business rights, building rights and land rights that are entirely island or bordered by the beach are governed by the goverment regulation and it’s regulation. In this article used the normative juridical methodology, the author used in this article study of references that conducted used secondary data, namely collecting data from various literature from the law, books, documents and archieves related to this issue. Thus, the analysis used by collecting data to be processed and analyzed according to the nature of the collected data, for futher presented by the analyst evaluative. This scientific writing shows that the rights of the coastal water exploitation contained in regulation Number 27/2007 abaout PWP3K is one of legal norms governing coastal, but it turns out to cause pros and cons.

Recent scholarship has argued that many of the distinctive features of Indigenous land tenure in common law countries can be explained by a single basic idea: under these regimes, property in land serves the unusual function of delineating the territorial authority of self-governing political communities. Among the recurring features that can be explained by this self-government function are special restraints on the alienation of land interests, distinctive co-ownership rules favouring collective governance, special group governance powers linked to land ownership, the relaxation of the numerus clausus principle, and special immunities from outside interference. This article attempts to assess the implications of this approach for understanding Indigenous land tenure. The author argues that there are important theoretical implications to this approach, both for understanding the relationship between property and sovereignty as legal concepts and for understanding the values reflected in a property system. In this area of law, property and sovereignty appear to operate as conceptual poles along a spectrum rather than as essentially distinct concepts. Moreover, the comparison with specialized systems of Indigenous land tenure can tell us something about the values reflected in the common law property systems that apply outside of Indigenous communities. Among other things, this approach shows the ways in which common law property systems normally work to discourage cultural enclaves. In addition to its theoretical implications, this approach to understanding Indigenous land tenure also has potential implications for land tenure reform. The theory helps bring into focus the unique trade-offs associated with institutional design in this area of law. It also allows for the identification of anomalous doctrinal features that cannot be explained by this theory. The article concludes with some insights relevant to statutory reform and the judicial development of the common law of Aboriginal title.

The land question in China, Shaohua Zhan maintains, is whether rural smallholders should retain land rights in a rapidly industrializing and urbanizing economy. Zhan’s book delivers a powerful mult...

In November 2019, South African President Cyril Ramaphosa signed the Traditional and Khoi-San Leadership Bill into law. The Act forms part of a broader package of recent laws and proposed legislati...

Across much of India, potentially transformative development programs are hampered by barriers to implementation. A case in point is Bihar, a province of over 100 million inhabitants, where state l...

This article challenges the view that land transactions in China from the Song to the late Qing periods became increasingly marketized and effective in resource allocation. In traditional China, the land was never a commodity in the ordinary sense; it served as the very basic means of survival and production for peasants while functioning as the most critical determinant shaping the sustainability of the environment for the survival of humankind. Neither market transactions nor any means external or internal to the state were effective enough in regulating either the total demand or the total supply of the land in China and alleviating the tension in man-to-land relations. Land transactions in imperial China were very different by nature and in terms of their social and economic impact from the received wisdom in Western economic theories, which assumes the decisive roles of supply and demand in shaping market prices and the patterns of production in the commodity economy.