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Documenting / Claiming Land Rights

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Módulo II: Personalidad jurídica y derechos indígena originario campesinos

Fundación Microjusticia Bolivia,

La primera parte de este manual tiene el objetivo de contribuir al empoderamiento jurídico y político de los miembros y autoridades de las comunidades Indígena Originario Campesinos (IOC), a partir del fortalecimiento de sus conocimientos para que por sí mismos puedan construir sus normas internas (Estatuto Orgánico y Reglamento Interno) y por ende gestionar sus…

Facilitator Guide: Kenyan Community Land Act

Namati, FAO ,

In 2016 Kenya signed into law the Community Land Act (CLA), a progressive piece of legislation that gave life to Article 63 of the Constitution of Kenya. The CLA presents an unprecedented opportunity for communities to legally claim rights to their land and have complete decision-making power about how their land is used and managed….

Closing the Enforcement Gap: A community-led groundtruthing of the expansion of a National Highway in Uttara Kannada

Centre for Policy Research - Namati Environmental Justice Program,

In 2011, the National Highway Authority of India (NHAI) proposed the widening and upgrading of the existing National Highway (NH) 17, renaming it NH-66 in the process. It is mentioned in the Environmental Impact Assessment (EIA) report and in the Environmental Management Plan (EMP) that the construction of the highway will reduce traffic, fuel consumption…

The Challenge of Protecting Community Land Rights: An Investigation into Community Responses to Requests for Land and Resources (Executive Summary)

Namati,

From 2009 until 2015, Namati and its partners Centro Terra Viva (CTV) in Mozambique, Land and Equity Movement in Uganda (LEMU), and Sustainable Development Institute (SDI) in Liberia supported more than 100 communities to document and protect their customary land rights. In late 2017, Namati evaluated the impacts the process had on communities’ responses to…

The Challenge of Protecting Community Land Rights: An Investigation into Community Responses to Requests for Land and Resources (Full Report)

Namati,

From 2009 until 2015, Namati and its partners Centro Terra Viva (CTV) in Mozambique, Land and Equity Movement in Uganda (LEMU), and Sustainable Development Institute (SDI) in Liberia supported more than 100 communities to document and protect their customary land rights. In late 2017, Namati evaluated the impacts the process had on communities’ responses to…

Gendered Aspects of Land Rights in Myanmar II: Evidence from Paralegal Case Work (Myanmar language)

Namati,

Land reform in Myanmar is integral to ensuring the nation’s development is both sustainable and inclusive. The recent and complex history of land confiscation, acquisitions, and conflict has permeated every aspect of life for many smallholder farmers, leaving them to rebuild and reclaim their livelihoods. While progress has been made to empower smallholder farmers under…

Gendered Aspects of Land Rights in Myanmar II: Evidence from Paralegal Case Work

Namati,

Land reform in Myanmar is integral to ensuring the nation’s development is both sustainable and inclusive. The recent and complex history of land confiscation, acquisitions, and conflict has permeated every aspect of life for many smallholder farmers, leaving them to rebuild and reclaim their livelihoods. While progress has been made to empower smallholder farmers under…

Innovative Financing Solutions for Community Support in the Context of Land Investments

Columbia Center on Sustainable Investment,

Communities affected by agricultural, forestry, and other resource investments urgently need increased funding for legal and technical support. Too many communities struggle to access the support they need to protect their interests, in large part because they cannot afford it. This is in stark contrast to companies, who can generally afford the legal and technical…

Most Farmers Do Not Know about the Vacant, Fallow and Virgin Land Management Law as the Grace Period to Register Closes (Burmese)

Nwe Ni Soe, Sung Chin Par,

This report is written in Burmese. Find an English verison, here.  On September 11, 2018 parliament passed an amendment to the Vacant, Fallow and Virgin (VFV) Land Management Law. This law has been criticized by many groups ranging from civil society groups to mining companies. The primary concern is that it will cause further insecurity…

Most Farmers Do Not Know about the Vacant, Fallow and Virgin Land Management Law as the Grace Period to Register Closes

Nwe Ni Soe, Sung Chin Par,

On September 11, 2018 parliament passed an amendment to the Vacant, Fallow and Virgin (VFV) Land Management Law. This law has been criticized by many groups ranging from civil society groups to mining companies. The primary concern is that it will cause further insecurity for farmers and ethnic communities. For purposes of this report when…

History in the making: How communities in Kenya are claiming their land rights

Posted by Jaron Vogelsang in Advocacy & Systemic Change, Community Land Protection, Namati News

Over 60% of Kenya’s land mass is community land. The indigenous people that live off these lands have done so for generations, and yet they’ve never had the legal rights to govern them. As a result, they are vulnerable to having their land and resources grabbed for mining, agribusiness, and public infrastructure projects. But in…

5 Lessons Learned From Applying a Legal Empowerment Approach to Community Land Protection in Sierra Leone

Posted by Hassan Sesay in Community Land Protection, Land & Natural Resources

The Namati team in Sierra Leone is engaged in an ongoing effort to discover sustainable measures for community ownership, management, and administration of land and natural resources throughout the country. To this end, we have taken on a new project: the application of a legal empowerment approach to community land protection. Land administration in Sierra…

Streamlining Institutions to Restore Land and Justice to Farmers in Myanmar

Posted by Namati in Land & Natural Resources, Namati News, Resources & Research

A new policy brief has been released emphasizing the need for the Myanmar government to put in place simple, transparent mechanisms to ensure that land and justice is restored to farmers who were dispossessed of their livelihoods without due process or compensation.  According to the Parliamentary Land Investigation Committee, more than 500,000 acres of land in Myanmar…

Protecting Community Lands — Everything We Know in a New Guide!

Posted by Marena Brinkhurst in Community Land Protection, Land & Natural Resources, Namati News, Resources & Research

We are thrilled to launch an important new resource for frontline land rights advocates around the world: the Community Land Protection Facilitators’ Guide. After years of working with partners to support communities to protect their land rights, today we are sharing what we’ve learned. This Facilitators’ Guide is a step-by-step, practical “how to” manual for grassroots advocates…

The Community Land Protection Facilitator’s Guide

Posted by Namati's Community Land Protection Team in Community Land Protection, Resources & Research

Namati’s Community Land Protection Facilitator’s Guide is a step-by-step, practical “how to” manual for grassroots advocates working to help communities protect their customary claims and rights to land and natural resources. After years of working with partner organizations around the world to support communities to protect their land rights, Namati has developed a comprehensive, five-part approach…

Burying the Law to Make Way for a Coal Mine

Posted by Kanchi Kohli and Alok Shukla in Environment

The cancellation of the community rights of Ghatbarra village over the Hasdeo Arand forest – to make way for a coal mine – raises many questions. When the Forest Survey of India’s 2011 report celebrated Hasdeo Arand as the largest unfragmented forest in central India outside the official protected area system, there was another process…

New book on protecting community lands and resources in Africa from Namati and Natural Justice

Posted by Marena Brinkhurst in Advocacy & Systemic Change, Land & Natural Resources, Resources & Research

In 2013, a group of 20 expert advocates from across Africa gathered for a three-day symposium to share experiences and practical strategies for effectively supporting communities to protect their lands and natural resources. The symposium illuminated many similarities between the types of threats to communities’ land and natural resource claims, as well as underlying factors that drive and exacerbate…

Myanmar faces fresh hurdle in land rights and justice

Posted by Caitlin Pierce in Land & Natural Resources

Download Namati’s report Returns of Grabbed Land in Myanmar: Progress After Two Years (in English or Burmese) UMyint Tun was working in his field in Sagaing when four officers pulled up in a military jeep with the bad news: his land now belonged to the government. He could no longer farm it. This was April…

Namati Welcomes Sierra Leone’s Progressive New National Land Policy

Posted by Sonkita Conteh in Land & Natural Resources

Sierra Leone’s new National Land Policy, recently approved by the cabinet, presents a progressive and ambitious plan for protecting land rights that will strengthen women’s access to land, give communities a bigger say over land management and create a better framework for major land investments. All of which is urgently in need if Sierra Leone’s…

The Sea, the Law and Salt

Posted by Vimal Kalavadiya and Bharat Patel in Environment

How we used the law to reclaim the inter-tidal area at Bavdi Bander, Gujarat, India The Kutch district in Gujarat, one of the largest in India, has a coastline of 405 kilometers and inter-tidal area of about 200 kilometers. For generations, communities in the district have engaged in agriculture, pottery, animal husbandry, weaving, fishing, and…

New legal database on community land and natural resource rights

Posted by Marena Brinkhurst in Land & Natural Resources, Legal Empowerment Network, Namati News, Resources & Research

Namati has launched a groundbreaking new tool for lawyers and advocates working to protect community rights to land and natural resources: the Community Land Rights CaseBase. More and more lawyers and front line legal advocates are stepping forward to defend communities’ rights, yet they often struggle to find supportive legal precedent – within their own country or…

No Consent in Nimiyama Chiefdom

Posted by Karima Tawfik in Land & Natural Resources

Innovative Legal Remedies to Protect  Land Rights in Sierra Leone By Karima Tawfik For one woman in Nimiyama Chiefdom in eastern Sierra Leone, the first sign of trouble came when she went into her family’s fields to brush for planting and was told to leave immediately because the land had been “sold.” For another landowner, it…