The contemporary phenomenon of the global rush for farmland has generated intense debate from different actors. While the proponents embrace it as a 'development opportunity', the critics dub it 'land grabbing'. Others use a neutral term: 'large-scale land acquisitions'. Whatever terminology is used, one fact remains indisputable - since 2007 vast swathes of farmlands in developing countries have been sold or leased out to large-scale commercial farmers. Ethiopia is one of the leading countries in Africa in this regard and, as a matter of state policy, it promotes these investments in peripheral regions that are predominantly inhabited by pastoralists and other indigenous communities. So far, the focus of most of the studies on this phenomenon has been on its economic, food security and environmental aspects. The questions of land rights and political implications have been to a great extent overlooked. The purpose of this thesis is to contribute to this knowledge gap by drawing upon the experience of the Gambella regional state - the epicentre of large-scale land acquisition in Ethiopia. To this end, this thesis argues that large-scale land acquisitions in Ethiopia is indeed redefining indigenous communities' right to land, territories and natural resources in fundamental ways. By doing so, it also threatens the post-1991 social contract - i.e. ethnic federalism - between the envisaged new Ethiopian state and its diverse communities, particularly the peripheral minorities and indigenous ethnic groups.

<p>The typical face of poverty in South Africa is African, rural, and female. As the primary users of rural land, women engage in farming and subsistence activities. Despite this pivotal role played by rural women, they experience grave problems under communal tenure, most notably in relation to access to and use of land and productive resources. Research has shown that the majority of rural households in South Africa derive significant proportions of their livelihoods from land-based activities, and that the value of common property resources associated with land, for example livestock production, crop production, and natural resource harvesting is often overlooked as an important asset of poor rural communities. The importance of these landbased livelihoods sources is even greater for female-headed households, female members of rural households, and the very poor or &lsquo / marginalised&rsquo / members of rural communities, since they tend to be more reliant on landbased livelihoods than those with secure income from pensions, wageearning activity or remittances from migrant labourers. The importance of security of land tenure to the sustainability of rural livelihoods, particularly insofar as rural women are concerned, is the central focus of this study.</p>

The main question of this thesis is to what extent the rights-based and market-driven nature of the restitution program has given rise to a legalistic and bureaucratic process that negates both the demand-driven and the developmental aspects of restitution as land reform. I answer this question by showing that the choice of a Constitutional model with a Bill of Rights provides the background for a rights-based land reform program. This is especially true for the restitution sub-program, one of the three branches along with redistribution and tenure of the overall land reform program. I then consider the debate around the property clause, and how its inclusion provided the context for a market and rights-based approach to land reform as opposed to a supply-led administrative approach. Because the property clause as a First Generation right prevents expropriation of land without market-related compensation, a complex and legalistic land reform program falling within the ambit of Second Generation rights was formulated to address the gross imbalance in land ownership in South Africa. I argue that the contemporary origin of Second Generation human rights lies within the context of class and anti-globalisation struggles for democracy, and that they are something to be fought for and defended. I discuss the distinction between First, Second and Third Generation rights and identify four spheres within which the struggle for Second and Third Generation rights takes place within modern democratic states. These are the state, the representative public sphere, civil society and the private sphere. I then deal with the problem of trying to turn "paper rights" into realisable rights for the more disadvantaged sectors of society. I also look at what impedes their realisation. I argue that a number of strategies are necessary to ensure the delivery of Second and Third Generation rights. These are an adequate legislative framework, a good communication strategy, the development of institutional capacity to deliver, and if all else fails, access to conflict resolution mechanisms. I consider the major impediments to the realisation of Second and Third Generation rights to be the way in which they are defined in relation to First Generation rights, especially the property clause, the way in which access to rights-backed resources through formal institutions are mediated by the operation of informal institutions, and the dearth of administrative competence in South Africa. My point is that in order for Second and Third Generation rights to have practical benefit for the dispossessed and poor, extraordinary measures are needed. The Restitution arm of the land reform program provides in theory just such extraordinary measures, albeit for only a section of the population. I analyse the effectiveness of the Land Claims Court in assisting restitution claimants and the rural poor to realize their rights. I trace the slow and haphazard shift from a positivistic statutory interpretation (narrow, literal, legalistic) to a purposive interpretation (informed by the Constitutional spirit and social purpose of the legislation) by the Court. This is followed by an analysis of the restitution business process, which means tracing the path of the claim from lodgement to settlement. I set out the costly, complex and legalistic implementation and policy process in some detail. My argument is that in order for a rights-based approach to overcome the impediments outlined in Chapter 3, as well as the property clause in the Constitution, its architects designed a complex process that in the end proved counter-productive in terms of its original aims. The failure of the process to deliver led in 1998 the then Minister of Land Affairs, Derek Hannekom, to appoint a Ministerial Review to investigate the problems. Problems included: slowness of delivery, the crisis of unplannability, low levels of trust between implementers, and high levels of frustration. Two issues are analysed more fully, the rights-driven approach as opposed to the rights-based approach and the lack of claimant participation in taking control of the restitution process. I examine the relationship of the Restitution Commission to the Department of Land Affairs and to municipal land use planning processes. The emphasis on rights within the restitution program had the effect of distancing restitution, especially in the first few years of the programs' existence, from the rest of the land reform program, as well as from the local government process of formulating land development objectives (LDOs), and the Integrated Development Planning (lOP) process. I look at the Port Elizabeth Land and Community Restoration Association (Pelcra) as a case study as it embodies an approach that tries to move beyond a mere reclaiming of rights in land and attempts to implement a developmental approach. I conclude that the rights-based restitution program in spite of its many shortcomings has had some success. It has moved slowly from an overly legalistic judicial program to a more administrative but still bureaucratic process, that has delivered only 27 percent of its product as land reform, the rest going to monetary compensation mainly in urban areas. Thus it can be argued that restitution has been more successful as a program to promote reconciliation along the lines of the Truth and Reconciliation Commission, than as a land reform program, especially if one regards land reform as the restoration of rural land to the indigenous population. There have also been some successful attempts by the Commission, such as in the case of PELCRA, to integrate the processing of its claims with local government planning processes, but progress in this direction remains patchy.

Magister Artium - MA / The typical face of poverty in South Africa is African, rural, and female. As the primary users of rural land, women engage in farming and subsistence activities. Despite this pivotal role played by rural women, they experience grave problems under communal tenure, most notably in relation to access to and use of land and productive resources. Research has shown that the majority of rural households in South Africa derive significant proportions of their livelihoods from land-based activities, and that the value of common property resources associated with land, for example livestock production, crop production, and natural resource harvesting is often overlooked as an important asset of poor rural communities. The importance of these landbased livelihoods sources is even greater for female-headed households, female members of rural households, and the very poor or 'marginalised' members of rural communities, since they tend to be more reliant on landbased livelihoods than those with secure income from pensions, wageearning activity or remittances from migrant labourers. The importance of security of land tenure to the sustainability of rural livelihoods, particularly insofar as rural women are concerned, is the central focus of this study. / South Africa

Doctor Legum - LLD / Many African states are in dire need of economic development to alleviate poverty, enhance the quality of life of peoples and bring development home. To meet this aim, land investments have been the preferred mode of development for a long time on the African continent with particular reference to Ethiopia and Madagascar as selected case studies of this study. Hectares of land are being given away to foreign investors involved in agricultural investments through investments treaties and contracts. The aim is primarily to attract foreign direct investments to boost the economy. Unfortunately, this seems to be a skewed vision of development, focusing exclusively on economic development without any consideration to social, cultural and political development of people, especially local communities. Such a narrow mode of development is not in line with human rights principles and considerations with thousands of people of the two countries having their basic human rights being constantly and irreparably violated by the actions of foreign investors involved in land investments. Their lands are being grabbed and this is entailing a series of other major infringements of civil and political as well as socio-economic rights intrinsically linked to land. Ethiopia and Madagascar are both parties to major legal instruments on human rights at the UN and the African level. They have legal obligations to respect, protect and fulfil human rights that are being violated on a daily basis by land grabbing. In addition, their domestic legal frameworks are supposed to confer adequate and effective protection to those human rights and protect them from the negative impacts of land grabbing. When such a mode of economic development is resulting in basic human rights violations, it is clear that such development is not aligned with an all-inclusive and encompassing mode of development. To this end, this study adopts Sen’s Capability Approach to development which advocates that development should render people free and capable. Individuals have capabilities which must be enhanced and protected. In the context of land grabbing, land, water, food, culture and political participation have been identified as the human capabilities which require the utmost form of protection and respect. The thesis investigates the ways in which international and domestic legal frameworks on human rights can be used to protect the selected capabilities. While economic development in the form of investments and FDI is necessary in any country, there is a pressing need for such national economic interests to be balanced with human rights of local communities who are the main victims of land grabbing. Accordingly, in terms of the central research question, the study, with references to the two selected jurisdictions, investigates how African states should take appropriate measures and steps to ensure that land investments are compliant with their obligations under international human rights normative framework in a way that renders local communities “capable” in line with Sen’s Capability Approach. In terms of methodology, desk research is used based on reports and data that international research institutions have presented on land grabbing. The common capabilities that are violated in the two jurisdictions are singled out and eventually analysed in line with international human rights framework including the right to development, the right to land, the right to food, the right to water, the right to culture and the right to political participation. The main aim is to examine how a balanced mode of development as proposed by Sen can be achieved using the international framework on human rights, the right to development specifically and the domestic legal framework of the countries. The study concludes that the human rights framework protecting the identified capabilities is not being effectively complied with by the two selected states. In addition, their domestic legislative framework on human rights is not in conformity and harmony with international standards set by treaties and treaties bodies. Accordingly, the study proposes a number of measures that could be taken by states to achieve the balance between national development interests and human rights.

No description available.

The purpose of the Restitution of Land Rights Act 22 of 1994 is to provide for the restitution of rights in land to persons or communities dispossessed of such rights after 19 June 1913 as a result of past racially discriminatory laws or practices. The restitution of a right in land can include the restoration of a right in land. The aim of this dissertation is to investigate the requirement of feasibility in restoring land rights and in particular the role of feasibility studies and the courts’ interpretation of the feasibility requirement in restoring such rights. The methodology used includes a review of literature, legislation and policies on land restitution and an analysis of case law. The outcome of the research indicates that while actual restoration ought to take preference in all instances, it may only be granted once all the relevant circumstances and factors have been considered. In certain circumstances it may not be feasible to restore land rights. / Private Law / LL. M. (Property Law)

Thesis (LLM (Private Law))--University of Stellenbosch, 2009. / ENGLISH ABSTRACT: In this thesis, the Communal Land Rights Act 11 0f 2004 is analysed in order to determine whether it can give effect to the constitutional mandate in terms of which it was promulgated, namely section 25(5), (6) and (9) of the Constitution. Land policy pertaining to land tenure reform is discussed to see how and to what extent it finds application in the Act. The time-consuming process pertaining to the registration of the community rules is investigated, and the implications where a community fails to adhere to this peremptory provision in the Act are explained. The thesis also analyses and discusses the functions of statutorily created institutions, like the land administration committee and the land rights boards, in the efficient management of land in rural areas. The aforementioned land administration committee is particularly problematic, since the Act provides that in cases where a recognised tribal authority exist, that institution “may” be considered as the land administration committee, subject to prescribed composition requirements as contained in the Act. The Traditional Leadership and Governance Framework Act will also be discussed since it intersects with the Communal Land Rights Act in this regard. The pending constitutional challenge which relates to this potentially problematic issue, will be discussed. The constitutional challenge of the Act by four communities’ is explored in order to indicate just how potentially problematic the institution of traditional leadership could be. vi This study also discusses and analyses the compromise contained in the Act, regarding the registration of the land title of a community and the registration of “new order rights” in the name of individuals. In this context the impact of this process on the efficacy on the current Deeds registration system is investigated. The Ministerial determination and its constitutional implications is yet another issue, examined in this study. All of these issues will have a negative impact on the implementation of the Communal Land Rights Act and especially on achieving tenure security. / AFRIKAANS OPSOMMING: In hierdie tesis word die Wet op Kommunale Grondregte 11 van 2004 geanaliseer om te bepaal of dit inderdaad voldoen aan die grondwetlike mandaat soos voorsien in art 25(5), (6) en (9) van die Grondwet. Die beleid van toepassing op grondbeheerhervorming word bespreek om te bepaal tot watter mate dit wel in die Wet aanwending vind. Die tydrowende prosedure van die registrasie van gemeenskapsreëls word ondersoek, asook die implikasies indien ‘n gemeenskap nie aan die voorskriftelike bepaling voldoen nie. Die tesis bespreek en evalueer ook die funksies van die twee instellings wat statutêr geskep is, naamlik grond administrasie komitees en grondregte rade. Die twee instellings is geskep met die doel om van hulp te wees in die effektiewe administrasie van grond in die kommunale areas. Dit is veral die grond administrasie komitee wat problematies is, omdat die Wet op Kommunale Grondregte bepaal dat waar ‘n gemeenskap ‘n erkende tradisionele owerheid het, hierdie owerheid beskou sal word as die grond administrasie komitee van daardie spesifieke gemeenskap. In hierdie konteks is ‘n bespreking van die Wet op Tradisionele Leierskap en Regeringsraamwerk, noodsaaklik. Die betwiste grondwetlike kwessie wat tot op hede nog onbeslis is wat hiermee verband hou, sal ook bespreek word. ‘n Kort uiteensetting word gedoen van die vier gemeenskappe wat die Wet op grondwetlik gronde aanveg om presies te probeer aantoon hoe problematies die instelling van tradisionele leierskap is. Hierdie studie bespreek en analiseer verder ook die kompromis wat getref is tussen registrasie van die titelakte in die naam van ‘n gemeenskap en die viii registrasie van sogenaamde “nuwe orde regte” in die naam van individue. Die impak van hierdie magdom registrasies op die bestaande registrasiesisteem word ook oorweeg. Die grondwetlikheid van die ministeriële besluitnemingsbevoegdheid word breedvoerig bespreek in hierdie studie. Al hierdie genoemde kwessies mag nadelige impak hê op die implementering van die Wet op Kommunale Grondregte en spesifiek ook op grondbeheerhervorming.

Thesis (MPhil (Public Management and Planning))--University of Stellenbosch, 2006. / ENGLISH ABSTRACT: South Africa is unique in that its globally significant biodiversity, which is under major threat, coexists with an apartheid history of dispossession that produced a starkly unequal land ownership pattern and widespread rural poverty. It is in this context that the post-apartheid government must fulfil constitutional and international obligations to safeguard environmental assets as well as undertake land reform benefiting the previously dispossessed. Consequently, there is a continuous challenge of reconciling complex and often conflicting relationships between poverty, inequitable access to resources, and the protection of biodiversity. Current efforts to conserve the Cape Floral Kingdom emphasise partnerships between private landowners and existing nature reserves to promote sustainable utilisation of biodiversity. This paper explores the potential impact of this approach on farm dwellers, and how changing land use may affect their land tenure rights and livelihoods. Primary research was undertaken in the Baviaanskloof, where this model is in an early stage of implementation. The paper identifies systemic and structural tensions in current attempts to reconcile biodiversity conservation and farm dwellers’ interests, and documents issues of process and principle that could become important in the future. In doing so, it highlights the influence of on-farm power relations and highly complex institutional arrangements in determining the real extent of participation by affected farm dwellers and the efficacy of social safeguard policies. Findings also caution against an over-reliance on ecotourism as the major occupation and argues instead for support to multiple livelihood strategies.

The thesis is a study of a Guaraní community (comunidad) situated in the Department of Santa Cruz in the southeastern lowlands of Bolivia. The thesis uses the concept of ‘comunidad’ as a focus of investigation. While this concept is one that is familiar and firmly embedded in contemporary discourses throughout Bolivia, the meanings which different people and interest groups attach to it and the purposes which they ascribe to it are far from unanimous. Apart from the physical and legal entity, comprising a group of people, the land on which they live, and the legal title for its ownership, a comunidad is a multifaceted and multilayered complex of diverging and sometimes competing ideas, desires and agendas. Questioning the concept of ‘comunidad’ in this way opens up new perspectives on what people are doing and why that could easily be overlooked in continuing to assume that we know what we are talking about when talking about a ‘comunidad indígena’ in Bolivia today. The thesis explores the case of Cañón de Segura by eliciting and bringing together the various claims and perspectives that impact on the lives of its inhabitants (comunarios). Starting with a historical overview to situate the comunidad within Bolivian and Guaraní history, the thesis moves into an ethnographic discussion of the comunarios’ own perceptions and meanings of ‘comunidad’, followed by an exploration of various outsiders’ perspectives on the same topic that impact on the comunarios’ lives in different ways. The aim of the thesis is to illustrate the overlap and entanglements between these different positions in order to show how the different perspectives on the meaning and purpose of a Guaraní ‘comunidad’ all contribute to shape the actual realities of people’s lives ‘on the ground’.