<p>In this research, I present critical facts about Land Tenure Systems and Poverty Reduction processes in Mafela Resettlement community. I focus mainly on the Post-Fast Track Land Reform&nbsp / (2004 &ndash / 2011) period and the interactive processes in this new resettlement area. The research - premised on the rights approach - sought to explore land tenure rights systems and poverty&nbsp / reduction mechanisms seen by the Mafela community to be improving their livelihoods / it also sought to find out if there is evidence linking tenure rights to poverty reduction and how land tenure&nbsp / rights governance systems affect their livelihoods. Suffice to say in both the animal kingdom and human world, territorial space and integrity, its demarcation as well as how resources are used&nbsp / within the space, given the area - calls for a - defined&nbsp / system of rights by the residents themselves. Whilst it is true that there is no one story about Zimbabwe&rsquo / s land reform (Scoones et al 2011),&nbsp / the contribution of this research towards insights emanating from the newly resettled farmers adds another invaluable contribution in the realm of rural development issues. The oft rigidified&nbsp / perceptions about the land reform in Zimbabwe as having dismally failed draw contrasting findings from this research. The findings, themselves drawn mainly through interviews, seem to&nbsp / suggest that there are indeed improved livelihoods for resettled farmers more than what is generally believed from a distance. The perception that secure tenure rights (among other myths) determines livelihoods improvement also revealed otherwise with Mafela community. The resettlers&rsquo / dynamic socio-economic milieu presents opportunities and challenges which only the resettled farmers can solve if given adequate support and empowerment in terms of decision making processes. The power basis wielded by the war veterans and the culture of top-down&nbsp / decision making processes as lamented by the resettled farmers suggest that the evolution of resettlements is still far from over. This research therefore hopes to challenge its readers and other&nbsp / stakeholders to engage with issues and recommendations raised here in order for a rethink about land tenure rights and poverty reduction initiatives associated with the new resettlement areas&nbsp / in Zimbabwe in general.</p> <p>&nbsp / </p>

This paper explores the theory of intersectionality and its viability for the analysis of human rights under the new legal process and institutional framework in Ontario. First, I examine the debate between essentialism and intersectionality and conclude that intersectionality is a more comprehensive and inclusive approach to anti-discrimination laws. Second, I examine Canadian Human Rights Code cases and Charter equality cases involving intersectional claims. These cases reveal three inadequate approaches to analyzing multiple grounds of discrimination and two positive developments in the intersectional analysis of human rights claims. After assessing the general congruence of the new institutional framework with the principles of administrative justice, I identify three recent changes to Ontario’s system that hinder the development of an intersectional analytical framework and I offer suggestions for improvement. I conclude that an intersectional approach to human rights claims is possible but is currently frustrated by the new institutional framework in Ontario.

This thesis examines the discourse surrounding the debate over whether the Canadian Charter of Rights and Freedoms ought to apply to First Nations governments in Canada. This is a constitutional and legal grey area at present because Section 32 of the Canadian Charter of Rights and Freedoms stipulates that this constitutional document applies to the federal, provincial and territorial governments, but does not mention Aboriginal governments. The lack of constitutional clarity on this issue has generated a debate involving three schools of thought. The first school proposes that the Charter ought to apply to First Nations governments just as it does to other governments in Canada. The second school of thought argues that the Charter should not apply to First Nations governments because it is an imposition of western liberal values on their governments that could limit their self-governing authority. Proponents of this view assert that recognition of Aboriginal and treaty rights in the Constitution should entitle First Nations to develop their own rights practices, consistent with Aboriginal laws and customs. A third school of thought suggests that there may be alternatives between accepting the Charter as it is and rejecting it altogether. Two options have been advocated by this school. One option is for the Charter to apply with a caveat that it be done in a manner that is consonant with traditional Aboriginal laws and customs. The other option is that a parallel Aboriginal Charter of Rights and Freedoms be developed that better reflects Aboriginal traditions on rights. While this debate has been ongoing, the Government of Canada and some First Nations have entered into self-governing agreements that acknowledge the application of the Canadian Charter to those particular governments. This thesis concludes that there is no easy resolution to the debate, that it may take the courts to resolve the issue in law, and this outcome itself may be unsatisfactory to First Nations communities.

No description available.

This paper explores the theory of intersectionality and its viability for the analysis of human rights under the new legal process and institutional framework in Ontario. First, I examine the debate between essentialism and intersectionality and conclude that intersectionality is a more comprehensive and inclusive approach to anti-discrimination laws. Second, I examine Canadian Human Rights Code cases and Charter equality cases involving intersectional claims. These cases reveal three inadequate approaches to analyzing multiple grounds of discrimination and two positive developments in the intersectional analysis of human rights claims. After assessing the general congruence of the new institutional framework with the principles of administrative justice, I identify three recent changes to Ontario’s system that hinder the development of an intersectional analytical framework and I offer suggestions for improvement. I conclude that an intersectional approach to human rights claims is possible but is currently frustrated by the new institutional framework in Ontario.

This thesis examines the discourse surrounding the debate over whether the Canadian Charter of Rights and Freedoms ought to apply to First Nations governments in Canada. This is a constitutional and legal grey area at present because Section 32 of the Canadian Charter of Rights and Freedoms stipulates that this constitutional document applies to the federal, provincial and territorial governments, but does not mention Aboriginal governments. The lack of constitutional clarity on this issue has generated a debate involving three schools of thought. The first school proposes that the Charter ought to apply to First Nations governments just as it does to other governments in Canada. The second school of thought argues that the Charter should not apply to First Nations governments because it is an imposition of western liberal values on their governments that could limit their self-governing authority. Proponents of this view assert that recognition of Aboriginal and treaty rights in the Constitution should entitle First Nations to develop their own rights practices, consistent with Aboriginal laws and customs. A third school of thought suggests that there may be alternatives between accepting the Charter as it is and rejecting it altogether. Two options have been advocated by this school. One option is for the Charter to apply with a caveat that it be done in a manner that is consonant with traditional Aboriginal laws and customs. The other option is that a parallel Aboriginal Charter of Rights and Freedoms be developed that better reflects Aboriginal traditions on rights. While this debate has been ongoing, the Government of Canada and some First Nations have entered into self-governing agreements that acknowledge the application of the Canadian Charter to those particular governments. This thesis concludes that there is no easy resolution to the debate, that it may take the courts to resolve the issue in law, and this outcome itself may be unsatisfactory to First Nations communities.

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Univ., Diss.--Cergy-Pontoise, 2004.

Thesis (M.A.)--State University of New York at Buffalo, 2007. / Adviser: Claude E. Welch. Includes bibliographical references.

Thesis (Ph. D.)--University of Hong Kong, 2001. / Includes bibliographical references (leaves 107-110).