Module law

8/18/2019 Module law

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Module 1: Introduction to Land Tenure and

Property Rights

Introduction

Every human society has some form of property rights. Across time and in very differentcontexts people have developed rules and norms to govern the way land and other natural

resources are distributed, used and disposed of. Understanding how and why these rules and

norms evolve or change and how they affect people, economies and the environment areimportant for development practitioners and for others interested in international development.

In this module Karol Boudreaux introduces participants to the topics that will be covered in the

course and discusses what we mean by land tenure and property rights. he discusses the

development of these rights and obligations and explains the difference between formal andinformal rights and the how customary laws and principles related to property and land continue

to play an important role in the everyday lives of millions of people around the world.

Module Outline

!his module consists of"


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#. !wo short re$uired readings

%. A &'part video lecture

(. An interactive discussion

)articipants should first read the re$uired reading documents, then watch the five videos in

order. *ou are also encouraged to ta+e part in the interactive discussion forum to as+ $uestionsof the instructors or discuss topics with other participants. *ou have one wee+ to complete the

module. As this is an introductory module, there is no $ui.

Module Learning Objectives

By the end of the session, participants will be able to"

• -efine the importance of land tenure and property rights as a critical development issue

• -escribe and be able to explain the difference between formal laws governing land and

property and informal or customary rules

•

-iscuss how rules and norms governing land and property have changed over time

About the Module's Lecturer

!his modules &'part video lecture is presented by Karol Boudreaux. /s. Boudreaux is !he

0loudburst 1roup2s 3and !enure and 4atural 5esource /anagement )ractice 3ead. /s.Boudreaux is a lawyer and land tenure and resource rights expert with two decades of experience

in the field and as a researcher. he has conducted field research in ten African countries and has


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published more than (6 articles and a monograph on property rights, in addition to many opinion

editorials. )rior to 7oining !he 0loudburst 1roup, /s. Boudreaux served as UAI-2s Africa

3and !enure pecialist. Before 7oining UAI-, she was an instructor and assistant dean of1eorge /ason University2s chool of 3aw.

Instructions

8elcome to UAI-2s /assive 9pen 9nline 0ourse :/990; on 3and !enure and )roperty

5ights. !his course is open to current or future international development professionals,

particularly those involved with UAI- or U.. 1overnment foreign assistance programming,who want to strengthen their +nowledge and s+ills in addressing land tenure, property rights, and

resource governance challenges.

*ou may ta+e this course for credit or you may audit the course. If you are ta+ing this course for

credit, you must complete each $ui. If you are auditing the course, you can s+ip the $uies. Ineither case, you will be able to access all the modules and their materials as well as participate in

group discussions. 9nly those who complete all of the $uies will receive a certificate at the end

of the course.

Before you begin the course, we as+ that you ta+e a few minutes to complete this welcomesurvey. !his information will help us better understand who you are and how we can best serve

your learning needs.

Brief Welcome Survey

Instructions

8elcome to UAI-2s /assive 9pen 9nline 0ourse :/990; on 3and !enure and )roperty

5ights. !his course is open to current or future international development professionals,

particularly those involved with UAI- or U.. 1overnment foreign assistance programming,

who want to strengthen their +nowledge and s+ills in addressing land tenure, property rights, and

resource governance challenges.

*ou may ta+e this course for credit or you may audit the course. If you are ta+ing this course for

credit, you must complete each $ui. If you are auditing the course, you can s+ip the $uies. In

either case, you will be able to access all the modules and their materials as well as participate in

group discussions. 9nly those who complete all of the $uies will receive a certificate at the end

of the course.


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Before you begin the course, we as+ that you ta+e a few minutes to complete this welcome

survey. !his information will help us better understand who you are and how we can best serve

your learning needs.

Module 1 Required Reading 1: ABCs of Land Tenure

Before we begin the first lecture, please ta+e a few minutes to read the document below" the A'

B'0s of 3and !enure and )roperty 5ights. !his #'page document gives a basic overview of

some common concepts and terms you will encounter in this course. 8hile these concepts will

be covered in more detail in Module 2: Land Tenure and Property Rights Terms and Concepts, it

will be helpful to start becoming familiar with these important concepts. *ou can refer bac+ to

this document throughout the course.

-ownload the reading,


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• Courses

My Courses

*ie+ All or Customi,e -1.

o /SAI$ Land Tenure and (ro"erty Rig!ts 01234 enrolled as: Student

• 5rades

• Calendar

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C621782/SAI$2LA6$2T96/R9

01234

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• C621782/SAI$2LA6$2T96/R9

• $iscussions

• Module 1 $iscussion: W!y Land Matters

eremy 5reen

Module 1 $iscussion: W!y Land Matters

eremy 5reen

174 174 unread re"lies) 174 174 re"lies)

8elcome to the discussion forum. !his is a space for participants to share ideas, to pose

$uestions and to help each other.

Module 1 iscussion Topics

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!his uni$ue /assive 9pen 9nline 0ourse brings together participants from across the globe to

discuss one of todays most important development issues" rights to land and other resources.

!his course includes nearly #666 participants from a range of organiations, including

representatives from development agencies, civil society, academia and other sectors ' all of

whom have some interest in land tenure and property rights. 8e hope that you will use this

discussion forum to share your valuable experiences, perspectives and ideas with group ' it will

ma+e this course all the richer. >or this introductory module, we would li+e the discussion to

focus on"

1) W!y does land matter to you; In your e&"erience< +!at roles do land tenureand "ro"erty rig!ts "lay in t!e countries +!ere you +or#< in t!e develo"mentissues you focus on< or in t!e sectors you are most interested in;

) W!at questions do you !o"e t!is course +ill ans+er; W!at ty"e of s#ills<#no+ledge or strategies do you !o"e to get from our 1= +ee#s toget!er;

iscussion !uidelines

1) T!is discussion forum is for "artici"ants to e&amine< as# questions< orgenerally comment on t!e module among t!emselves) W!ile discussionfacilitators +ill monitor t!e forum and res"ond to questions or comments+!en a""ro"riate as time allo+s< t!is is intended to %e a "eer2to2"eerlearning tool) (artici"ants are encouraged to s!are t!eir o+n ideas<"ers"ectives and e&"eriences as "art of t!e course) We +ant to #no+ +!atyou t!in#)

) >or eac! module< a discussion "rom"t is given< %ut any "art of t!e module is

o"en for discussion)

4) If "artici"ants !ave additional questions for instructors t!at are not ans+eredt!roug! t!e forum< "lease send t!ose to t!e teac!ers t!roug! Canvas? in%o&and limit direct questions to "er module)

=) (lease %e "olite< o"en and res"ectful) Any "ersonal attac#s or a%usive<o@ensive or inammatory "osts +ill %e removed)

Re"ly Re"ly to Main $iscussion

(age

• 1

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•

Ro%ert Allen 5oodric!

Robert Allen Goodrich

Se" 1=< 01

!he course so far is very interesting is something new to learn for me something you thin+

that the land is matter the information is very completed about the land tenure the property rights

is interesting right now I don?t have $uestion so far however in my opinion it should have some

pdf information li+e boo+s or something to +eep for the student I +now the course 7ust begin I

don?t +now yet the rest but I li+e so far.

Re"ly Re"ly to Comment - li#es.

arol Boudreau&

Karol BoudreauxSe" 1=< 01

Id li+e to ta+e a moment to welcome all of our participants. 8e are excited to get started with thecourse and loo+ forward to engaging with you this wee+ and over the coming wee+s.

3and !enure and )roperty 5ights are central issues to the development discussion and to

illustrate this I wanted to share a lin+ to a recent news story about land indicators in the

upcoming ustainable -evelopment 1oals agenda" http"@@iva.aippnet.org@land'rights'an'

essential'global'indicator'for'the'post'%6#&'sdgs@ :3in+s to an external site.;.

Best wishes for an en7oyable class=

9dited %y arol Boudreau& on Se" 4 at :=am

Re"ly Re"ly to Comment -0 li#es.

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Mo!amed A!med Said

Mohamed Ahmed Said

Se" 1=< 01

i was learning evolution of people, land and rules so i did not understand the concept of

continuum of land rights

please understand me that point

Re"ly Re"ly to Comment

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arol Boudreau&

Karol Boudreaux

Se" 1=< 01

-ear /ohammed,

!he idea is that there is something li+e a se$uence of different land rights that exist in all

countries. 5ights can be informal and as basic as someone living on the pavement of a street or

alongside a railroad trac+. )eople do not have formal legal rights to be in these places but they

often are there. If the government, or others, accept this, then this informal tenure may be secure.

But often it is not. ometimes groups have rights, over common lands or indigenous territories.

!his tenure might be recognied by law or it might be informal. It might be secure or insecure ' it

depends upon the location. ome people may wish to move to land or house that they lease from

an owner. )eople who lease property have fewer rights than do owners. >inally, legal owners

have many rights to their property. o a se$uence might loo+ li+e informal land rights ''

communal rights '' leaseholds '' private ownership. BU! please note that any tenure can be

insecure if government does not enforce rights A4- communal rights are not necessarily less


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Mo!amed A!med Said

Mohamed Ahmed Said

Se" 1< 01

than+s i understoood

Re"ly Re"ly to Comment -1 li#e.

9,e#iel Brima arg%o

Ezekiel Brima KargboSe" 1< 01

0ertainly, Karol some land tenure systems are devised to protect the interest of the elitist group.


•

A%doulaye $ia

Abdoulaye Dia

Monday

•

And some others are devised to ensure a seasonal access to a piece of land for each

member of the community without no incentive to maintaining the land fertility. All the

land is own by the community, each one thin+ that some one have to maintain this

fertility, no one does it and every one is harvesting less each season. Innovations,

investments and individual success story are bloc+ed.


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Mo!amed A!med Said

Mohamed Ahmed Said Desterday

-ear Karol

it was success to finish modal one

if i give you brief information about transfer of land rights. in somalia land rights can be

transferred many ways include Lease" inheritance" sell and !i#t.

the last decade the number of land conflicts in omalia was increasing due to 3ac+ of landregistration, wea+ of land goverance and lac+ of enforcement land policies and laws due to wea+

government

than+s again

/ohamed


Mo!amed A!med Said

Mohamed Ahmed Said Desterday

•

o -ear Karol Boudreaux

it was success to finish modal one

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if i give you brief information about transfer of land rights. in somalia land rights

can be transferred many ways includeLease" inheritance" sell and !i#t.

the last decade the number of land conflicts in omalia was increasing due to

3ac+ of land registration, wea+ of land goverance and lac+ of enforcement land

policies and laws due to wea+ government

than+s again

/ohamed


5asant aco%s

Gasant JacobsSe" 1< 01

•

!han+s Karol.

*ou presentation in all of the videos is clear and succinct.


Cynt!ia Caron

ynthia aronSe" 1=< 01

I, too, welcome all of you to this online course. As the wee+s go by, we hope that the

information you receive about land tenure and property rights and the concrete examples

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provided will inspire you to thin+ about their relevance in your own wor+, research and on'going

learning.

Best wishes for a successful class=

9dited %y Cynt!ia Caron on Se" 0 at =:44"m


$il RaE !anal

Dil Ra! KhanalSe" 1=< 01

!han+ you very much organiing such interesting and useful e'course. !he information which

are proved from different tools are complete and simple to understand. I have no specific

$uestions so far. /y experiences here in 4epal is that, actually the overlapping of tenure rights is

a complex issue to resolve. Another important issue it that the land and resource tenure is not

only sub7ect of formal and informal law and it is also a political issue in many country including

my country. I hope we will be able to address such issue in the future.


•

arol Boudreau&

Karol Boudreaux

Se" 1=< 01

!han+s very much for your note. *es, land is very much a political issue and we will, in future

modules touch on this. 9ne of the most challenging issues I have seen is how to encourage

informal and formal land systems to wor+ together. Bringing dispute resolvers and 7udges

together to share experiences and understanding may help each.

9dited %y arol Boudreau& on Se" 17 at =:4"m


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•

C!ristian Mesmer

hristian Mesmer

Se" 1=< 01

!han+s for offing that very useful course for my upcoming assignment in 3ao )-5. I am going

to wor+ on land titling within the provincial government.

Being not entirely familiar with land use tenure and property rights allocation, I am particularly

interested in how to create synergies by harmonising traditional land allocation and modern

techni$ues. /oreover, I am curious on how land tenure systems tie in with payments forecosystem services.

I loo+ forward to being enlightened...


•

arol Boudreau&

Karol Boudreaux

Se" 1=< 01

-ear 0hristian,

If you have not already seen it, you might find the following document useful"

http"@@usaidlandtenure.net@laos :3in+s to an external site.;. Another interesting way to engage

local people with modern techni$ues is to use approaches such asthis" http"@@www.reuters.com@article@%6#&@6@%&@us'tanania'rights'women'

idUK046CU##D%6#&6%& :3in+s to an external site.;.

Best wishes,

Karol

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C!ristian Mesmer

hristian Mesmer

Se" 1=< 01

!han+s Karol=

!hese lin+s seem $uite useful. I will s+im through in due time. 0urrently, I am busy attending lao

language classes.

Best wishes,

0hris


$avid T!omson Tem%o

Da"id #homson #emboSunday

•

o

!han+s for the lin+s


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Mo!amed A!med Said

Mohamed Ahmed SaidSe" 1=< 01

i am interesting land tenure and property rights course which ma+es my $ualification and

experience change, i have been wor+ing with 450 Information counseling and legal assistance

pro7ect so the main scope of the pro7ect were include ousing, land and property issues. in

omalia there is a legal pluralism i.e. statutory, customary and religious. the s+ills and

+nowledge will gain this course will help me to understand more aspects relate land tenure and

property rights.


•

arol Boudreau&

Karol Boudreaux

Se" 1=< 01

•

8e are delighted to hear that. 450 does wonderful wor+ in very difficult environments

so we hope this course is a help.


Ral"! Fingle

Ral$h %ingleSe" 1=< 01

1reat course introduction ' loo+ing forward to completing. At !homson 5euters, the worlds

leading source of intelligent information, we pride ourselves on being able to extend technology

solutions and have a dedicated business unit focusing on the area of 3and !enure. I note that

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many of the current challenges in 3!)5 issues would be broadly assisted by the deployment of a

suitable technology solution ' for example in the areas of property registration :especially a

systematic one by a governing 7urisdiction; and wor+flow management to ensure all steps are

transparently managed and coordinated. I noted that aiti in the case study had a particularly

complex wor+flow but they certainly are not alone in this area. 8hat +ind of technology

solutions or options will be covered in the /990F ow does UAI- view the use of

!echnology as an enabler for the moderniation of 3and !enureF If there are perceived

limitations wrt technology solutions in 3!)5 what are theseF !han+s...5alph


•

arol Boudreau&

Karol Boudreaux

Se" 1=< 01

i 5alph,

In our module on 3and Administration we also discuss technology solutions that might help

address some land governance wea+nesses. A number of UAI- pro7ects have used technology

' hand'held 1) devices, mobile applications, other software solutions '' to enableimprovements. >inding ways to ensure that technology solutions are accessible and sustainable

are among the most important considerations for development practitioners.

8hat do you see as best solutions@innovationsF


•

$avid iarie

Da"id Kiarie

Se" 1< 01



17/105

I thin+ Unmanned Aerial ystem could be more useful in land administration.


•

o!n $+yer

John D&yer

Se" 1< 01

0ompletely agree. !heres a pro7ect currently using them to help secure property rights for

diamond miners :3in+s to an external site.;. *ou might be interested in

it" http"@@usaidlandtenure.net@content@brochure'aerial'mapping'diamond'sites'aims'reduce'

conflict'benefit'miners


arol Boudreau&

Karol BoudreauxSe" 1< 01

*es, there are some exciting opportunities to adopt this technology for use in land

administration.


9,e#iel Brima arg%o


But how many countries or people will be able to do so

https://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/366933https://learn.canvas.net/courses/791/users/366933http://usaidlandtenure.net/sites/default/files/USAID_Land_Tenure_PRADD_UAV_Brochure.pdfhttp://usaidlandtenure.net/sites/default/files/USAID_Land_Tenure_PRADD_UAV_Brochure.pdfhttps://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/309130https://learn.canvas.net/courses/791/users/309130https://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/363965https://learn.canvas.net/courses/791/users/363965https://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/366933https://learn.canvas.net/courses/791/users/366933http://usaidlandtenure.net/sites/default/files/USAID_Land_Tenure_PRADD_UAV_Brochure.pdfhttp://usaidlandtenure.net/sites/default/files/USAID_Land_Tenure_PRADD_UAV_Brochure.pdfhttps://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/309130https://learn.canvas.net/courses/791/users/309130https://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/363965https://learn.canvas.net/courses/791/users/363965


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•

5renville Barnes

Gren"ille Barnes

Monday

•

I couldnt resist 7umping in here as we have piloted the use of UA in Albania and 8alter

Gol+mann has used these for many other applications. UA offer a technology that can be

fairly easily transferred :so developing countries dont have to be dependent on mapping

being down by out of foreign companies;, it is much more transparent than say

conventional aerial photography, and much more cost efficient.

9n the other hand it is not the solution for all situations. 8or+s best in relatively small

areas where you need high resolution imagery and where boundaries are easily visible or

can be premar+ed :not good in forested areas for example;.

/ore on UA and other technologies is included in a later module on 3and

Administration technology.

1renville Barnes


9,e#iel Brima arg%o




19/105

•

I mean, how many countries will be able to use unmanned Aerial ystem for land

administration -avid Kiarie suggested in his post


Ral"! Fingle

Ral$h %ingleSe" 1< 01

Karol, than+s, your point is well ta+en. A lot of technologies have been piloted by UAI- :and

other donors; but the important $uestion to as+ is whether or not they have made a difference that

could not have been achieved in their absenceF !he best solutions in my opinion are not only

those that have enabled improvements but those that have actually achieved results in a verifiable

manner. I also agree that solutions need to be sustainable and accessible but perhaps not in the

traditional sense that they can only be the result of a future donation from UAI-. 5ather, a

technological solution that achieves results and can also be implemented locally without further

contribution by UAI- :or another donor; should be a +ey consideration. I thin+ too often we

limit our thin+ing to solutions and devices that are the cheapest or most easily procurable by

UAI- rather than selecting an ideal solution for a given country and ma+ing it sustainable by

creating local capacity, incorporating local self'funding solutions or even supporting a public private partnership from the start. o rather than select a particular favorite of my own, I would

rather support a solution formula that re$uires proof of a demonstrable and independently

verifiable result and sustainability plan to ensure the solution lasts beyond a given UAI-

pro7ect.


•

arol Boudreau&

https://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/367648https://learn.canvas.net/courses/791/users/367648https://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/309130https://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/367648https://learn.canvas.net/courses/791/users/367648https://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/309130


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Karol Boudreaux

Se" 1< 01

•

i 5alph,

*es ' ideally the technology solutions are introduced then ta+en up in country and

implemented in such a way that the wor+ continues after donor pro7ects end. 0heap in the

short term is not always cheap in the long termH I agree with you on that point. And your

solution formula also ma+es good sense= I +now that UAI- in increasingly interested in

and adopting this +ind of approach. ee here" https"@@www.usaid.gov@policy@local'

systems'framewor+ :3in+s to an external site.;


9,e#iel Brima arg%o


I am pupil barrister. I have a passion to help settled the perennial land conflicts among families,

communities, chiefdoms etc. I am therefore $uite happy to have this golden opportunity to

participate in this course. /y country, ierra 3eone is one of the countries with the most

complex land tenure system. In some parts of ierra 3eone, women cant own or entitled to land.

Also, land tenure in the rural areas in the provinces is different from the urban centres. Above all,

land conflict is almost always unresolved among mining groups, cattle farmers, crop farmers,

etc. I am hopeful that this course will increase my understanding of the best practices in

handling matters relating to land tenure in my country.


•

arol Boudreau&

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Karol Boudreaux

Se" 1< 01

•

8e hope that the course helps you in your wor+ Ee+iel. ere is a recent story about how

the 1overnment and the >A9 is wor+ing to support improved land governance in your

country" http"@@slconcordtimes.com@govt'ta+es'leadership'of'voluntary'guidelines'on'the'

governance'of'tenure@ :3in+s to an external site.;.


A%doulaye $ia

Abdoulaye DiaMonday

•

o In our context, 1I with 1) is one the most powerful technologies. Even 7ust

for the community to +now how much land they own. In recent past in enegal

some local community authorities granted areas of land to investors that representmore acreage than the entire surface of their territories. At least we need to

$uantify and +now who owns whatF


Ric!ard L) Sanderson

Richard '( SandersonSe" 1=< 01

3and matters in the wor+ that I do as a property valuation specialist because it2s the foundation

of the ownership of property that enables land :and any improvements; to be productive for the

owner and the community. In the United tates and in the other countries I have wor+ed in

:Afghanistan, 0hile, /acedonia, /exico, and Italy; productive use of real property rights have

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brought increased value to both the owners of these rights and to the local community, region,

and country as a whole.

-uring our #D wee+s together I hope to learn how effective land administration and property

rights administration is being implemented in developing countries and how those practices can

be measured from a land valuation continuum perspective. )roperty valuation before land tenure

rights were reformed, how value may have increased as a result of reforms, and how property

values will continue to be influenced by proposed or enforced property rights in the future for

example.


•

$avid iarie

Da"id Kiarie

Se" 1< 01

In Kenya for example which is my country, the valuation is being driven by 5eal estate, agri'

business, colleges@universities, building of highways and sprouting towns.


arol Boudreau&

Karol BoudreauxSe" 1< 01

I thin+ youll get a good sense of how land administration is being implemented in

developing countries 5ichard. In terms of land valuation, this remains a challenging issue in places with


23/105

Matt Myers

Matt Myers Desterday

•

5ichard, li+e you, as a valuer in a developing part of the world, I have seen many uni$ue

challenges. I was recently invited as a valuation expert to the 1lobal 3and !enure

4etwor+s wor+ing group on the valuation of unregistered lands. !he 13!4 and U4

abitat are trying to put together resources on how to value such lands, as there seems to

be a lot on confusion from traditional valuers that it can not be done. owever, I have

done valuations in such conditions of informal mar+ets on unregistered lands. !hus, I am

hoping to broaden my +nowledge on land tenure systems outside my south pacific region.


Merita

Merita

Se" 1< 01

3and matters as securing land rights for women in Kosovo will help them improve their $uality of life, better access

to education and prosper economically.

I am very excited to 7oin this course. I am wor+ing as a gender and property rights specialist in a UAI- funded

)roperty 5ights )rogram, implemented by !etra !ech A5- in Kosovo. I lead the pro7ect ob7ective aiming to

enhance women2s property rights. In relevance to women, Kosovo faces challenges of undergoing society changes

from customary system to statutory systems especially in property inheritance. Additionally, lac+ of property titling

:property in the titles of deceased persons; further prevents women to exercise their property rights when in non

formal marriages. !he issue of women renunciation of property rights is of concern, as women usually withdraw

their property inheritance rights in favor of their brothers.

ecuring land rights@property rights for women in Kosovo is very important. Kosovo population is almost e$ual in

terms of gender representation, but the unemployment among women is very high. )roperty rights for women mean

that women will be able to start a business through loans, pay for their education and health etc.

-uring this course assignment, I would li+e to learn on experiences of other participants in land tenure and property

rights programs about what strategies have helped them to strengthen women2s property rights and in general to

improving property rights system that wor+s for all citiens.

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•

arol Boudreau&

Karol Boudreaux

Se" 1< 01

o glad that you are participating /erita. -r. 0heryl -oss will present our module on 1ender

and she will touch on some of these issues. But others you raise ' such as the pressure women

sometimes feel to renounce rights in favor of male relatives is an important one and raises

difficult $uestions around social change and shifting social norms. ow do you thin+ you willaddress this through your programF *our experience may be very helpful to others.

9dited %y arol Boudreau& on Se" 1 at :=1"m


•

Merita

Merita

Se" 1< 01

i Karol, you have raised a very good $uestion. Indeed, this is a difficult process as it re$uires a

lot of efforts and time to be able to ma+e a change. !he issue of womens renouncing their

property rights in favor of male relatives in Kosovo is a practice now repeated in generations and

women had reasons why they did that. 0onsidering the previous political system, wea+ economic

development, and lac+ of access to education, women were interested to +eep the goodrelationship with their birth families so in case of their husband2s death or a divorce, they would

have a home to return and support them. !here are other reasons that affected this behavior but

will try not to list them all here. Bottom line, women in very rare cases have inherited property

from their birth families ' our recent survey shows that only (.J of women in Kosovo have

inherited property registered in their names. And the main reasons listed by women who have

renounced their property rights include" :i; their family expects them not to inherit, :ii; fear of

transferring property to their husband2s family and :iii; cultural barriers that prevent women not

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to inherit. >or the ones who would li+e to read more on this, I will include a lin+ to our survey

publication" https"@@goo.gl@61lxm :3in+s to an external site.;

!e issue of women renunciation of property rights has been already identified as an issue to wor+

on in Kosovo, therefore through our program we are supporting the /inistry of Lustice with

analysis and recommendations how to tac+le this issue. 9ur recommendations includedstrengthening of the legislation and procedures to ensure that womens renunciation of property

rights is not misusedH and focusing on advocacy@awareness raising through a ocial Behavior

0hange 0ampaign to educate women about their property rights. 8e thin+ the combination of

these both will create positive effects, and +nowing that social and cultural behaviors ta+e time to

change, this re$uires a systematic and careful approach.

I loo+ forward to discuss more on 8omens )roperty 5ights during the -r. -oss session. But, if

you and participants have $uestions and want to share experiences, I would be glad to do so.


•

arol Boudreau&

Karol Boudreaux

Se" 1< 01

•

o

ometimes social norms shift relatively rapidly but in other cases, li+e this

one, it ta+es many generations. It sounds as though your ocial Behavior

0hange campaign will be an important component of changing minds. In

other land pro7ects wor+ing directly with men and boys has also provided

to be a big help. *ou might en7oying see what UAI- did in Kenya to

promote womens land rights" http"@@usaidlandtenure.net@commentary@%6#D@#%@+enya'7ustice'pro7ect'

pilot'ready'scaled'up'nationwide :3in+s to an external site.;

9dited %y arol Boudreau& on Se" 1 at 10:48"m


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Mar# Samuels

Mark SamuelsSe" 1< 01

I find this course is very interesting. As we proceed over the next #D wee+s I hope that we will

have fruitful discussions that will assist us and in the end enforce@implement the best practices

associated with 3!)5 in pro7ects throughout.


•

arol Boudreau&

Karol Boudreaux

Se" 1< 01

•

8e are happy to hear this ' our lecturers are some of the worlds leading experts on theseissues and so I hope that the modules, readings and especially this discussion forum will

allow us all to learn and share experiences '' good and bad '' and improve how we

engage on land issues.


Ma+ S!ay

Ma& ShaySe" 1< 01

ir, in my country : Burma;, land tenure is also a political issue. omeone who stay near policy

ma+er has many possession, they become richer than richer day after day. But now 3ocal 419s

find out the solution for the rural people. I also would li+e to +now the rights of the other.

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•

arol Boudreau&

Karol Boudreaux

Monday

•

-ear /aw,

I hope the upcoming modules will help you by presenting examples of how to wor+ with

rural people to secure their land rights. *ou might also find information on these two sites

of use" http"@@namati.org@resources@M=@resourceNtypesOpractitioner'resourcesH :3in+s to an

external site.; and http"@@www.ha+inetwor+.org@ :3in+s to an external site.;.

opefully these are useful=


Wilfred Ba%anga

)il*red BabangaSe" 1< 01

!his is a timely course as I embar+ on a pro7ect to support small holder farmer households

register their land rights and also create wealth through intensification of agriculture production

and productivity.5egistering land rights seem to be a preserve of a few with the means and

exposure to the procedures involved in obtaining land titles in Uganda. I would li+e to beac$uainted with the G11! tools and also become familiar with the 31A> thematic areas and

there by contribute to delivering a good pro7ect whose results can inform others to solve 3and

tenure and property rights challenges.


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arol Boudreau&

Karol Boudreaux

Se" 1< 01

-ear 8ilfred,

o pleased to hear that this course may help you in your pro7ect. !he G11! provide excellent

guidance on what is need to improve land governance in the context of national food security.

)lease see the resources available here" http"@@www.fao.org@nr@tenure@voluntary'

guidelines@en@ :3in+s to an external site.;. >or information on the 8orld Ban+s 31A> pro7ect,see

here" http"@@web.worldban+.org@8BI!E@EP!E54A3@EP!-E0@EP!5EEA50@EP!)591

5A/@EP!A5-5@EP!31A@6,,content/-K"%%Q(RRSpage)K"RD#RD%QSpi)K"RD#RD(&St

heite)K"QR(6D%&,66.html :3in+s to an external site.;.


Toon $e Bruyn

#oon De BruynSe" 1< 01

i 8ilfred,

!he >A9 will be organiing a course on the G11!s in the context of forest tenure in the near

future with /a+erere. I believe that they are currently recruiting participants. 4ot sure if you are

in a position to reach out to them and to apply through the >A9 office in Uganda or through

/a+erere perhapsF 9therwise, there is a training manual :3in+s to an external site.; which

explores the G11!s in one of its modules.

https://learn.canvas.net/courses/791/users/309130https://learn.canvas.net/courses/791/users/309130http://www.fao.org/nr/tenure/voluntary-guidelines/en/http://www.fao.org/nr/tenure/voluntary-guidelines/en/http://web.worldbank.org/WBSITE/EXTERNAL/EXTDEC/EXTRESEARCH/EXTPROGRAMS/EXTARDR/EXTLGA/0,,contentMDK:22793966~pagePK:64168427~piPK:64168435~theSitePK:7630425,00.htmlhttp://web.worldbank.org/WBSITE/EXTERNAL/EXTDEC/EXTRESEARCH/EXTPROGRAMS/EXTARDR/EXTLGA/0,,contentMDK:22793966~pagePK:64168427~piPK:64168435~theSitePK:7630425,00.htmlhttp://web.worldbank.org/WBSITE/EXTERNAL/EXTDEC/EXTRESEARCH/EXTPROGRAMS/EXTARDR/EXTLGA/0,,contentMDK:22793966~pagePK:64168427~piPK:64168435~theSitePK:7630425,00.htmlhttps://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/371858https://learn.canvas.net/courses/791/users/371858http://www.fao.org/docrep/019/i3521e/i3521e.pdfhttp://www.fao.org/docrep/019/i3521e/i3521e.pdfhttps://learn.canvas.net/courses/791/users/309130https://learn.canvas.net/courses/791/users/309130http://www.fao.org/nr/tenure/voluntary-guidelines/en/http://www.fao.org/nr/tenure/voluntary-guidelines/en/http://web.worldbank.org/WBSITE/EXTERNAL/EXTDEC/EXTRESEARCH/EXTPROGRAMS/EXTARDR/EXTLGA/0,,contentMDK:22793966~pagePK:64168427~piPK:64168435~theSitePK:7630425,00.htmlhttp://web.worldbank.org/WBSITE/EXTERNAL/EXTDEC/EXTRESEARCH/EXTPROGRAMS/EXTARDR/EXTLGA/0,,contentMDK:22793966~pagePK:64168427~piPK:64168435~theSitePK:7630425,00.htmlhttp://web.worldbank.org/WBSITE/EXTERNAL/EXTDEC/EXTRESEARCH/EXTPROGRAMS/EXTARDR/EXTLGA/0,,contentMDK:22793966~pagePK:64168427~piPK:64168435~theSitePK:7630425,00.htmlhttps://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/371858https://learn.canvas.net/courses/791/users/371858http://www.fao.org/docrep/019/i3521e/i3521e.pdf


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1ood luc+= !oon


•

Wilfred Ba%anga

)il*red Babanga

Se" 1< 01

•

o !han+s a lot for the helpful lin+s and tips. 8ill loo+ up the lin+s and see what to

do about lin+ing with >A9 in Uganda.


Ser+anga Ronald

Ser&anga RonaldSe" 1< 01

ello everyone=

3and issues are becoming as important as any other in promoting or limiting the development in

very many countries. 0ertainly legal considerations must now be +ept in mind during the

creation and implementation of such land aspects. Issue of secure property rights shows an

increase in land related investment, argument land valuesH reduce the level and li+elihood ofconflict. !his as well provides a basis for reallocating an important factor of production to more

efficient users. I am open to specifically learn in a wider context the land matter in relation to the

legal aspects from different countries.


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9lyvin 6#!onEera C!a+inga

Ely"in +khon!era ha&ingaSe" 1< 01

!han+ you for the warm welcome. I am loo+ing forward to learn more about 3and 1overnance. I

dont have a specific $uestion but 7ust to share that in /alawi we are currently reviewing our

3and 3aws, they are very outdated, of #R&. 3and categories in the current 3aw are )ublic 3and,

)rivate 3and and 0ustomary 3and, but the new 3aw is now proposing that we have )ublic and

)rivate 3and and that 0ustomary 3and should be a subsidiary of either of the %. It is also

proposing that all land should be registered to ensure tenure security.


•

arol Boudreau&

Karol Boudreaux

Se" 1< 01

*ou are most welcome Elyvin. ow do you see the $uestion of 0ustomary 3andF -o you thin+it ma+es the most sense for it to be considered


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o -ear Karol, for me I felt it was not the best idea to put it under private or public

title, firstly this is the largest category, if am not wrong over Q6J of 3and in

/alawi is under customary and there have been a lot of resistance from the chiefs

saying that they feel the government want to steal their powers. 9n the other hand

the land registration idea is good, the only problem is that the draft bill is saying

that once customary land has been registered, it will nos be considered as private

land and shall be governed as such. !his means that the local traditional

authorities are no longer responsible. o I am not sure how really this is going to

be effectively implemented. Another concern is that the bill states that I am not

sure if women are going to benefit from this, because in /alawi we mainly have

)atriarchal 0ustoms where only men will have the privilege to register their land,

and women do not own land in such customs and /atriarchal customs where

women are the land holders but actually its their uncle :mums brother; who

controls the land and has more powers over it, so the fear is that if 3and is

registered only by men then women will be landless contributing to foodinsecurity. )lease advise how as a country we can ma+e sure that we dont face

such challenges with this new Bill.


o!n $+yer

John D&yerSe" 1< 01

ello everyone. As an introduction, Im an international development professional wor+ing in the

8ashington -.0. area and Im excited to participate in these discussions. Its great to see the

variety of international development and land sector professionals engaging already=

I thin+ youll all be interested to +now that the latest $%AI Land Matters Media %can is

out" http"@@eepurl.com@bhn! :3in+s to an external site.;

!he media scan a wee+ly digest of recent articles on land tenure, resource management, and

property rights. Anyone can subscribe :see the button at the bottom; and its very useful to be on

top of current events in the field=

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9dited %y o!n $+yer on Se" 1 at :=4"m


•

o!n William Medendor"

John )illiam Medendor$

Se" 1< 01

!han+s, Lohn, for the referral. I will be subscribing.


•

o!n $+yer

John D&yer

Se" 1< 01

•

/y pleasure.


Raina Turner

Raina #urner>riday

•

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!han+ you Lohn, I too will be subscribing=


ALI A$9L ALI ALI IBRA'IM

A', ADE' A', A', ,BRA-,MSe" 1< 01

!han+ you very much for your efforts with us in this very great course. /y desire is to +now

more about the land tenure the property rights. I am not very interested in politics but as a whole

I am +een on +now about my 3and and 5ules. !he topic is very good and I see that it will

enhance my +nowledge .


9,e#iel Brima arg%o


3and matters to everyone. Apart from its economic value, land does not e&pand to

accoodate the increase in population and the diverse copetitive uses (e subject our

lands to' in particular mining, infrastructure, agriculture etc. Land is an asset that is not

obile but it use arises everywhere. >or instance, a businessman in the capital city may need

vast land to operate his business, but it is not available to him though he might be the owner of

several acres of land in his home town in the interior. There are potential threats to the value

o# land in soe areas in A#rica" deforestation, desertification, flood prone regions etc. All these

are issues that ma+e it all the more reason why land matters to past, present and more

importantly for the future generations.


•

o!n $+yer

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John D&yer

Se" 1< 01

•

I thin+ thats a spot on assessment of why land matters, Ee+ial. I always li+e the /ar+

!wain $uote"

"Buy land, they're not making it anymore"

9f course, Im from /issouri, so Im a bit biased.



John )illiam Medendor$Se" 1< 01

I would li+e to add my than+s to the organiers of this course. In answer to the $uestions posed

above, my interest in land rights devolves from my more than three decades of development

wor+. In my experience, land is foundational to human security and efficient economies. But

there are also intangible benefits to 3!)5, such as a sense of personal value, communal identity,

self'esteem, and a sense of belonging. !hese psycho'social benefits are not easily measured,

often are overloo+ed, but are vital to the development of stable, prosperous, and healthy

societies. !he smiles of landholders holding newly ac$uired proprietary certificates are not

merely cosmetic, they convey an enhanced sense of self'worth.

!hrough this course, I would li+e to ac$uire not only generalied +nowledge regarding the

impact of 3!)5 on development :which I assume to be positive in most cases;, but also, I would

li+e to get a better sense of the research that has been done around the impact of 3!)5. 9n a

recent 3!)5 pro7ect, I sought high and low for information on the effect of land certification on property transactions, both on the number of transactions that too+ place pre' and post'

certification, and also the value of the transactions that too+ place. In the latter group, I wanted to

see how land certification affected property values. I was able to locate only one study on the

impact of land certificates on investment in property improvements in Ethiopia :-eininger,

Ayalew Ali, T Alemu, %66; and one 8orld Ban+ study :3and !enure )olicy" ecuring 5ights to

5educe )overty and )romote 5ural 1rowth, %6##; that mentioned the impact of land tenure on

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registered transactions, showing a #%#J increase in the number of registered land transactions

from %66& to %66 in /acedonia. I am hoping there is more data out there and I would also be

interested in finding data and research partners on issues surrounding 3!)5.

!han+s again to the organiers and participants. I am loo+ing forward to learning more.


•

arol Boudreau&

Karol Boudreaux

Se" 1< 01

i Lohn,

!im Besleys #& Lournal of )olitical Economy article is one of the classics in this area as is the

>eder@>eeny article from ## :http"@@www'

wds.worldban+.org@external@default@8-0ontenterver@I8()@IB@#@#%@%(@666#Q(6N#6

##%%QDD@5endered@)->@multiNpage.pdfMpageO#( :3in+s to an external site.;; see also see

>ield and !orero %66R

:https"@@econ.du+e.edu@uploads@[email protected] :3in+s to an externalsite.;;. !his is a terrifically important issue and while there is a body of literature on the topic it

would certainly benefit from more rigorous evidence.

9dited %y arol Boudreau& on Se" 1 at G:7am


•


John )illiam Medendor$

Se" 1< 01

https://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/309130https://learn.canvas.net/courses/791/users/309130http://www-wds.worldbank.org/external/default/WDSContentServer/IW3P/IB/1999/12/23/000178830_98101912274514/Rendered/PDF/multi_page.pdf#page=139http://www-wds.worldbank.org/external/default/WDSContentServer/IW3P/IB/1999/12/23/000178830_98101912274514/Rendered/PDF/multi_page.pdf#page=139http://www-wds.worldbank.org/external/default/WDSContentServer/IW3P/IB/1999/12/23/000178830_98101912274514/Rendered/PDF/multi_page.pdf#page=139https://econ.duke.edu/uploads/media_items/fieldtorerocs.original.pdfhttps://econ.duke.edu/uploads/media_items/fieldtorerocs.original.pdfhttps://learn.canvas.net/courses/791/users/309130https://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/373074https://learn.canvas.net/courses/791/users/373074https://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/309130https://learn.canvas.net/courses/791/users/309130http://www-wds.worldbank.org/external/default/WDSContentServer/IW3P/IB/1999/12/23/000178830_98101912274514/Rendered/PDF/multi_page.pdf#page=139http://www-wds.worldbank.org/external/default/WDSContentServer/IW3P/IB/1999/12/23/000178830_98101912274514/Rendered/PDF/multi_page.pdf#page=139http://www-wds.worldbank.org/external/default/WDSContentServer/IW3P/IB/1999/12/23/000178830_98101912274514/Rendered/PDF/multi_page.pdf#page=139https://econ.duke.edu/uploads/media_items/fieldtorerocs.original.pdfhttps://econ.duke.edu/uploads/media_items/fieldtorerocs.original.pdfhttps://learn.canvas.net/courses/791/users/309130https://learn.canvas.net/courses/791/discussion_topics/17887?module_item_id=135213https://learn.canvas.net/courses/791/users/373074https://learn.canvas.net/courses/791/users/373074


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•

o Excellent, Karol. !han+s for the reference. I will read these items.

I loo+ forward to generating some research around this topic, especially around

the psycho'social benefits of land tenure, about which there seems to be verylittle.

7


Lucas (ena

'ucas .enaSe" 1< 01

i, I found this course very suitable for my masters dissertation topic. I writing about the

relationship between violent conflict and land management reform in Kenya and 0olombia, so I

want to get familiar with land terminology. Im pleased to +now that my country is one of the

study case and this is interesting because an extensive land management reforms is ta+ing place

if the peace agreement between the government and the >A50 is reached. Im happy to now that

)rof. )eter Gan de Auweraert is giving one of the modules. I loo+ forward to reading all your

comments and insights here in the discussion forum. 1reetings from Bradford, UK.


•

arol Boudreau&

Karol Boudreaux

Se" 1< 01



37/105

1lad to have you with us 3ucas= ounds li+e a very interesting dissertation. As we move

through the course I hope youll share your findings.


mic!ael !urley

michael hurleySe" 1< 01

here is a really interesting paper on political economy and land titling in Kenya"

!he contradictory potential of self'reinforcing institutions" the rise and decline of land

documentation in Kenya, by Ato Kwamena 9noma


5eorge Hdunga H%are

George /dunga /bareSe" 1< 01

i 3ucas ....1eorge is coming from Kenya and seemingly would be more interested in your

wor+= I am studying for my )hd thesis at proposal stage where I am studying a controversial

wetland in Kenya with huge conflict between the investeros in land and the local community...


•

mic!ael !urley

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michael hurley

T!ursday

i 1eorge

4ot sure if you will see or find this, but I am curious what wetland you are studying. Also, this

may e a good referenceF"

!. aller :Ed.;, -isputing the floodplains" Institutional change and the politics of resource

management in African wetlands


•

9,e#iel Brima arg%o

Ezekiel Brima Kargbo

>riday

•

o

Land matters to all) T!e maEor reason is t!at land is t!e onlyasset t!at does easily de"reciate in value) so many "eo"le evenin rural communities #no+ t!e +ort! of land)

Hn >ri< Se" 17< 01 at 1:1 AM< Canvas 6et+or#

notiJcationsKinstructure)com +rote:

Dou?re signed u" to receive a daily re"ort of some notiJcations from

account) Belo+ is t!e re"ort for Se" 18:

+e& omment *or Module 0 Discussion1 )hy 'and Matters1 2

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and .ro$erty Rights

'i 5eorge 6ot sure if you +ill see or Jnd t!is< %ut I am curious +!a

studying) Also< t!is may e a good reference;: T) 'aller -9d).< $is"utin

Institutional c)))

Clic# to vie+


and .ro$erty Rights

$ear arol< T!an#s a lo for t!is interesting course and Jrst module s

clear %et+een t!e di@erence of a customary system and an informa

"lease dee"en t!ese )))

Clic# to vie+


and .ro$erty Rights

good questions< Lianna getting discussions started !ere may %e di

"eo"le< a diverse grou") In "ast t!ere !as %een a tendency to sed

T!is is-;. +ill)))

Clic# to vie+


and .ro$erty Rights

$ear arol< W!at a great o""ortunity to "artici"ate in t!is course) M

Ba%anga +e are starting to im"lement a land security and economi

"roEect in 6+oya district )))

Clic# to vie+


and .ro$erty Rights

$ear arol< for me I felt it +as not t!e %est idea to "ut it under "rivaJrstly t!is is t!e largest category< if am not +rong over 80N of Land

customary and t)))

Clic# to vie+


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and .ro$erty Rights

$ear 5eorge< Dou !ave a %ig role as Administrator in t!e county gov

enya?s devolution) I am not sur"rised t!at many of t!e conicts yo

t!is is very common) I e)))

Clic# to vie+


and .ro$erty Rights

T!an# you all for s!aring your e&"erience and #no+ledge on t!e iss

'o+ever one t!ing I am still not clear on !o+ to secure tenure of "

!olders in my country 9t!io")))

Clic# to vie+


and .ro$erty Rights

$ear *iolaine< Many t!an#s for t!is questionP Informal systems ar

t!at e&ist outside of< are not recogni,ed %y< and "rovide rig!ts to us

enforced %y t!e )))

Clic# to vie+


and .ro$erty Rights

'i Bi,ualem< 9&cellent and dicult questionP If you !ave not alread

dissertation you mig!t Jnd it of interest as it addresses Eust t!is que

Q!tt"s:+++)#t!)se"olo") -Lin#s to an e&ternal site).))

Clic# to vie+


and .ro$erty Rights

T!an# you for t!e o""ortunity to learn and s!are) Land tenure is a mcommunities and !ouse!olds t!at +e +or# +it! many of +!om face

insecurity and land degradation) Acce)))

Clic# to vie+

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Clic# !ere to edit your notiJcation "references /


eri#a cilliers

erika cilliersSe" 1< 01

am !rom outh #!rica $here the ma%ority o! our population until &( had no land rights) My

$ork in*ol*es the resolution o! disputes to land rights) hope to learn more a+out other

countries and the pro+lems they !ace $ith respect to property rights in respect o! land)


•

arol Boudreau&

Karol Boudreaux

Se" 1< 01

•

i Eri+a,

outh Africa has, clearly, an important historical record on land issues. I have long been

interested in the degree to which blac+ smallholder farmers were succeeding in building

businesses BE>95E the ##( 3and Act, when they were legally permitted to own land.

!he painful lessons associated with disenfranchising people of their property remain with

us today, not 7ust in outh Africa but across the world.

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42/105

!han+s for 7oining us.


Rones!a Stro,ier

Ronesha StrozierSe" 1< 01

I am really excited to ta+e this course and I loo+ forward to discussing land tenure with all of

you. 3and matters to me because the ownership or access to land can have an impact on the

prosperity of an entire group of individuals. I am ta+ing this course to learn more about land

tenure and how it can be applied to environmental 7ustice issues.


$avid de *era

Da"id de 3eraSe" 1< 01

ello, 3and matters to me because I wor+ for an 419 in the )hilippines that

provides assistance to Indigenous 0ommunities in their struggle to regain and secure their

Ancestral lands.

8hile we have probably the most progressive laws in this part of the world that recognie

!raditional rights over lands including marine and other a$uatic areas :the Indigenous )eoples

5ights Act of #Q;, the main problem is the difficulty in implementing its mandate due to many

other conflicting laws and policies that virtually deny the execution of most provisions of the

Indigenous )eoples 5ights Act.


Bruce Turner

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