Submitted by admin tede (tede@pucgoias.edu.br) on 2017-10-09T14:28:35Z No. of bitstreams: 1 FERNANDO DE PAULA GOMES FERREIRA.pdf: 1480922 bytes, checksum: dc47a480a3efd4ef1b64ce15f2aeb5db (MD5) / Made available in DSpace on 2017-10-09T14:28:35Z (GMT). No. of bitstreams: 1 FERNANDO DE PAULA GOMES FERREIRA.pdf: 1480922 bytes, checksum: dc47a480a3efd4ef1b64ce15f2aeb5db (MD5) Previous issue date: 2011-08-01 / This work follows the research line of the "Fortalecimento de Políticas Públicas", from FAPEG - Research Foundation of the State of Goiás, as well as the Post Graduation Program in Law, from the Catholic University of Goiás. Its focus is to analyze the Project of Complementary Law nº 135/2000, which aims the disciplinary measures for the expropriation for social interest, for Land Reform issues, demonstrating its pertinence in the current stage of the National Plan for the Land Reform implementation. The competence of the direct management entities, in other words, the Union (União), States, Federal District and Municipalities; and municipal to legislate, declare and promote expropriation, in this case, were created to specify the division of tasks, and consequently, to understand how the Land Reform is conducted in Brazil. In order to present the reader to the shades of the national Land Reform, some themes were created, together with some relevant institutes, starting with the Brazilian land structure, then going through the concept of the Land Reform and Political Agricultural, establishing, between this last two, its obvious relation. Some official data, found in the IBGE - Brazilian Institute for Geography and Statistics - web site, along with numbers that were used in important paper works presented in seminars about Land Reform, were also highlighted, so as to allow a more critic review of the facts related to rural expropriation, aiming land reform. Another goal was to try to discover if the Project of Complementary Law nº 135/2000, as is was presented in the Chamber of Deputies, meets constitutional purposes, established by the 1988 Federal Constitution or, in other words, if the legislative proposal was analyzed in formal and material constitutional focus, opportunity in which the studies had its start in constitutional concepts, and ended up in the Project of Complementary Law itself. The legal consequences arising from the term of the Project of Complementary Law, in analysis, were also outlined, considering possible constitutional impacts, so, some tacit derogation may occur, and the present study tried to unveil them. In the end, in prognosis, a paradigm was established in the National Land Reform, if the Project of Complementary Law nº 135/2000 is approved, would they be good for the society, or not. / Este trabalho vincula-se à linha de pesquisa da FAPEG Fundação de Amparo à Pesquisa do Estado de Goiás , bem como ao Programa de Pós-Graduação em Direito, Relações Internacionais e Desenvolvimento da Pontifícia Universidade Católica de Goiás. Tem por objeto analisar o Projeto de Lei Complementar n.º 135/2000, que visa disciplinar questões específicas de desapropriação por interesse social, para fins de reforma agrária, desvendando sua pertinência no atual estágio de implantação do Plano Nacional de Reforma Agrária. As competências dos entes da administração direta, ou seja, da União, Estados, Distrito Federal e Municípios; e autárquica, para legislar, declarar e promover a desapropriação em tela, foram levantadas para compreender a divisão de tarefas e, consequentemente, se entender como é feita a reforma agrária no Brasil. No intuito de apresentar ao leitor as nuances da reforma agrária nacional, foram elucubrados alguns temas e institutos jurídicos relevantes, a começar pela estrutura fundiária brasileira, passando pelo conceito de reforma agrária e de política agrícola, estabelecendo entre estes dois últimos a correlação que lhes é inerente. Alguns dados estatísticos oficiais, disponibilizados pelo sítio digital do IBGE Instituto Brasileiro de Geografia e Estatística , bem como números que foram objeto de trabalhos em fóruns sobre reforma agrária, também foram destacados, a fim de se permitir uma visão crítica dos acontecimentos relacionados à desapropriação rural, com o fito de reforma agrária. Procurou-se aferir se o Projeto de Lei Complementar n.º 135/2000, da forma como proposto e levando em consideração sua tramitação na Câmara dos Deputados, atende aos postulados constitucionais estabelecidos pela Constituição Federal 1988 ou, noutras palavras, analisou-se a proposta legislativa à luz da constitucionalidade formal e material, oportunidade em que os estudos partiram do conceito de constitucionalidade, até adentrar nos meandros específicos do projeto de lei complementar em voga. As consequências jurídicas advindas da vigência da lei oriunda da proposta legislativa em análise, também foram delineadas, haja vista que possíveis impactos infraconstitucionais deverão ser considerados, de forma que derrogações tácitas poderão ocorrer, e o presente estudo procurou desvendá-las, antevendo-as. Por fim, em sede de prognóstico, estabeleceu-se um paradigma da reforma agrária nacional, caso seja aprovado o Projeto de Lei Complementar n.º 135/2000, visando prever se seus impactos seriam, ou não, benéficos para a sociedade.

Apartheid and colonialism left deep imprints on contemporary South African society. Nowhere are these more compellingly apparent than in the highly skewed distribution of land between whites and blacks. At the beginning of the 1990' s, it was estimated that 12 million black people lived on only 17.1 million hectares of land, whilst 60,000 white commercial farmers occupied 86.2 million hectares. Since democratisation in 1994 various modes of land redistribution have emerged in South Africa to redistribute farmland to previously disadvantaged people. In 1994, an African National Congress (ANC)-led government initiated a land redistribution programme by offering Settlement/Land Acquisition Grants (SLAG) to previously disadvantaged South Africans to purchase formerly white-owned farms on a willing buyer-willing seller basis. The aim of SLAG was to redistribute 30 per cent of the country's commercial farmland to previously disadvantaged South Africans within five years. However, by the end of the first five years less than two per cent of white-owned farmland was transferred to previously disadvantaged South Africans. Government responded by introducing a new grant programme, the Land Redistribution for Agricultural Development (LRAD) programme in August 2001 with a less ambitious objective of transferring 30 per cent of white-owned farmland to previously disadvantaged South Africans over 15 years (i.e. two percent per annum). In addition to the government's land redistribution programme, private and semi-private initiatives have emerged to redistribute farmland to previously disadvantaged people. The BASIS Collaborative Research Support Programme sponsored by the U.S. Agency for International Development (USAID) has monitored government (SLAG) and private farmland transactions in the province of KwaZulu-Natal since 1997. This study builds on these previous analyses of farmland transactions by comparing the performance of LRAD relative to private transactions in transferring farmland to previously disadvantaged South Africans during 2002, and contrasts the results with those from years 1997 to 2001. Results from the study indicate that the launch of LRAD in 2001 had a significant impact on land redistribution in 2002. In KwaZulu-Natal, the rate of land redistribution doubled from 0.5 per cent in 2001 to one percent in 2002. The results also show that LRAD has not only succeeded in drawing private resources into the land reform process, but has also been more successful in targeting women than the earlier SLAG programme. Findings further show that unlike the earlier (SLAG) programme, LRAD offers larger grants to wealthier and more-creditworthy beneficiaries and is therefore conducive to establishing farms owned and operated by individuals or by small groups of individuals. A small area (1,454 hectares) was transferred back to previously advantaged owners in 2002. Such transactions were not detected before 2002 and should be monitored to identify the underlining reasons for these sales. It is also recommended that research should be conducted to ascertain whether improvements in the rate of land redistribution in KwaZulu-Natal during 2002 will be sustained in the future. / Thesis (M.Agric.Mgt.)-University of KwaZulu-Natal, Pietermaritzburg, 2004.

This research was undertaken to determine the extent to which share equity schemes have been successful. The research also investigated the possible causes of failure of the established share equity projects and sought to determine the feasibility requirements that may be put in place to ensure success and sustainability of the ventures in support of land reform. The methodology used involved comparing the data gathered from business plans, valuation reports and other project documents from the Department of Land Affairs (DLA) with the information gathered through interviews and observations. The results revealed causes of failure to include the fact that beneficiaries of the investigated equity schemes did not participate in business plan development or implementation and therefore had no sense of ownership in the intended joint ventures. It was also found that none of the business plans included any form of training for capacity building and therefore no mechanism for empowering beneficiaries existed to participate effectively at all levels of the farming enterprise. Furthermore, original farm owners as the majority shareholders tended to re-invest profits into farm assets rather than paying dividends. It was concluded that the inclusion of a training programme in every business plan is crucial to the success of farm share equity ventures as this may enable beneficiaries to be sufficiently empowered to participate effectively at all levels of the business. / Thesis (M.Env.Dev.) - University of KwaZulu-Natal, Pietermaritzburg, 2006.

Participatory GPS and GIS mapping is a mapping process that involves active participation of the local communities with the assistance of outsiders who are experts in the field. The objective of Participatory GPS and GIS mapping is to produce a technically accurate and socially acceptable participatory map and to facilitate skills transfer to the participant community. A basic communal land administration system is a land administration structure responsible for the administration of a local, elementary area of jurisdiction (a village) occupied by a tribe whose rights to land are derived from shared rules determining access and is normally led by an Induna. The analysis of such a structure could provide a foundation for the implementation of Communal Land Rights Act, 2004 (Act No 11 of 2004) that is, the transfer of communal lands to communities. A sub-metre accuracy is obtainable after post-processing differential correction as acclaimed by Trimble on the Geo-XT™ GPS unit and proven in the Ukulinga case study. Participatory GPS and GIS mapping guarantees effective and efficient skills transfer to participant communities and accurate recording of boundary data. Maps produced through Participatory GPS and GIS mapping are widely acceptable since they are preceded by discussions and subsequent consensus on boundary data points prior to actual recording, thereof. The study was designed to analyze basic communal land administration systems and to develop a methodology for mapping them. A successful implementation of the Communal Land Rights Act, 2004 required spatial and related information on land administration structures A Participatory mapping methodology designed was tested in two case studies and found to be reasonably accurate. / Thesis (M.Env.Dev.)-University of KwaZulu-Natal, Pietermaritzburg, 2006.

My interest in this research was to interview leaders and members of the three communities within the Elias Motsoaledi Local Municipality as well as officials of the Regional Land Claims Commission (RLCC). The purpose of the discussions was to find out how the communities involved Government when lodging land claims. The three communities are, Bakwena Ba- Kopa, Bakgaga Ba-Kopa and Masakaneng. The research yielded the following findings: 1. All the three communities followed the correct procedures regarding the relevant legislation and policies when they lodged their land claims. 2. Government played its role through the RLCC by assisting the communities in their endeavor to have their land restored. 3. In the interaction between Government and the communities challenges were encountered that at times led to the delay of the settlements. 4. When the communities keep patient during the land claim processes and Government officials are dedicated to assist the communities, the chance of positive outcomes is maximised. There is evidence that Government made progress to ensure that the affected communities have the dispossessed land restored. However, there is still a lot to be done in addressing the outstanding issues. To handle these matters, as indicated below, co-ordination and interaction between Government and the communities is crucial. One can point out these obstacles by focusing on the three affected communities respectively. Masakaneng: There is a need to tackle the challenge of the concerned group that led to the emergence of another committee in the process. This delays the formal negotiations with the municipality to help facilitate the delivery of the necessary services. Bakwena Ba-Kopa: The role-players missed the time-frames that were targeted for settlement. Government will have to speed up the matter and finalise the settlement, seeing that the beneficiaries have been waiting for many years. Bakgaga Ba-Kopa: Only portion one of RietKloof was restored to the community. The community is eagerly awaiting Government to help facilitate the restoration of the remaining portion. This community also needs to play its part in ensuring that the other sections of the land are restored. It is important that they go back to the drawing board as beneficiaries and tackle the prevailing differences so that they end up with a unanimous stand on this matter. To conclude: It is quite evident that the democratic government post-1994 is committed and prepared to restore the dignity of the black people who were forcibly removed from land they and their ancestors occupied. Government is assisting in this matter by providing all the necessary resources to ensure that land restoration is a success. For Government to succeed, the affected communities must also play their role within the parameters of the relevant legislation. This is what the land Acts expect of all the beneficiaries. / Thesis (M. Development and Management)--North-West University, Potchefstroom Campus, 2011

Submitted by Johnny Rodrigues (johnnyrodrigues@ufcg.edu.br) on 2018-09-24T20:32:46Z No. of bitstreams: 1 VANESSA BELMIRO DOS SANTOS - DISSERTAÇÃO PPGCS 2013..pdf: 37985720 bytes, checksum: cdf31b4ff53006d6f27efaaac06434b0 (MD5) / Made available in DSpace on 2018-09-24T20:32:46Z (GMT). No. of bitstreams: 1 VANESSA BELMIRO DOS SANTOS - DISSERTAÇÃO PPGCS 2013..pdf: 37985720 bytes, checksum: cdf31b4ff53006d6f27efaaac06434b0 (MD5) Previous issue date: 2013-12 / Capes / Nos primeiros anos do século XXI, houve no Brasil a implantação de diversos projetos voltados à resolução da questão agrária, no sentido de promover um tipo de reforma na estrutura fundiária que viabilizasse o acesso à terra de trabalhadores rurais que protestavam contra o latifúndio. Com a proposta de eliminar de vez os conflitos agrários vivenciados nas décadas passadas foi elaborado um Modelo de Reforma Agrária de Mercado (MRAM), fruto da parceria celebrada entre o Estado e o Banco Mundial, que tinha por meta promover um tipo de reforma agrária através do financiamento de terras para os pequenos produtores rurais. Sob esta direção, durante o mandato do Governo FHC (1995-2002), foram criados diversos programas, dentre eles Reforma Agrária Solidária do Projeto Piloto São José (PSJ), no Ceará, o Projeto-Piloto de Reforma Agrária e Alívio da Pobreza (ou Cédula da Terra PCT), o Banco da Terra, e o Crédito Fundiário de Combate à Pobreza Rural (2000-2002). No ano de 2003, o Governo Lula (2002-2010), deu continuidade à proposta criando o Programa Nacional de Crédito Fundiário (PNCF), como complemento a outras ações com vistas à reforma agrária. No âmbito do PNCF está o selo Terra Negra Brasil (TNB), que tem por objetivo financiar terras para comunidades negras rurais. E na comunidade quilombola de Damásio, localizada no município de Guimarães, na Baixada Maranhense, que se tem vivenciado a primeira experiência de implantação do TNB e onde buscamos informações que indiquem os resultados desta política pública que se propõe a promover a igualdade racial no campo. / In the early years of the century, Brazil was in the implementation of several projects aimed at the resolution of the agrarian question, to promote a type of Land Reform in the structure that enables creation of access to land for rural workers protesting against landlordism. With the proposed elimination of the once agrarian conflicts experienced in the past decades a Pattern of Land Reform Market (MRAM), born of a partnership agreement between the State and the World Bank, which had the goal to promote a kind of agrarian reform by funding land to small farmers. Under this direction, during the tenure of the Government Cardoso (19952002), several programs were created, among them the Partnership for Agrarian Reform Pilot Project St. Joseph (PSJ), in Ceará, the Pilot Project for Agrarian Reform and Poverty Alleviation (or Cédula da Terra PCT), the Land Bank (Banco da Tenra), Land Credit and the Rural Poverty (2000-2002). In 2003, Lula's government (2002-2010), continued the proposal creating the National Land Credit Program (PNCF) in addition to other actions with a view to agrarian reform. Under the PNCF's Black Earth Brazil (TNB) Seal, which aims to finance land for rural black communities. Is the black community Damásio, located in the municipality of Guimarães, the low lands who have experienced their first experience of deploying and BEB where we seek information indicating the results of this public policy that aims to promote racial equality in the field.

The study has been prompted by the gap that exists regarding gender and land in Zimbabwean fiction. The study therefore seeks to interrogate the gender and land ownership discourse in Shona fiction in relation to the current conflict of access to land by race, class and gender. The study therefore examines the following fictional works; Feso (1956), Dzasukwa-Mwana-Asina-Hembe (1967), Pafunge (1972), Kuridza Ngoma Nedemo (1985), Vavariro (1990) and Sekai Minda Tave Nayo (2005). Of significance is the fact that the selected fictional works traverse the different historical periods that Zimbabwe as a nation has evolved through. Apart from analysing the selected fictional works, the study also collected data through open-ended interviews and questionnaires to triangulate findings from the fictional works. The selected fictional writers present the different experiences of black Zimbabweans through land loss and the strategies taken by the indigenous people in trying to regain their lost heritage, the land. The exegesis of the selected fictional works is guided by Afro-centred perspectives of Africana Womanism and Afrocentricity. Findings from most of the selected fictional works reveals the selective exclusion of blacks, both male and female, from accessing land and other vital resources from the colonial right up to post-independence periods in Zimbabwe. The study observes that Shona traditional culture accorded both genders the requisite space in terms of land ownership in the pre-colonial period. The study also establishes that colonialism through its numerous legislations stripped black men and women of the fertile land which they formerly collectively owned. The study also establishes that disillusioned black men and women worked extremely hard to regain their lost land as reflected in the unsanctioned land grabs as well as the government sanctioned Fast Track Land Reform Programme. Recommendations for future research include the expansion of such research to include works of fiction in other languages as well as different genres. Future land policies stand to benefit from the inclusion of women in decision making since women the world over have been confirmed as workers of the land. This is likely to deal with the gender divide regarding land ownership patterns both within and outside Zimbabwe. / African Languages / D. Litt. et Phil. (African Languages)

The study looks at the land issue from the perspective of Missiology. It shows in what sense the land issue is an issue for mission. The pastoral cycle of Henriot and Holland is used to analyse the land issue in Zimbabwe. The analysis takes seriously the situation of the marginalized in Zimbabwe in relation to other stakeholders in the land issue. The study also looks at the ecological implications of the land issue. A comparison is drawn between South Africa and Zimbabwe as far as the land issue is concerned. A major aspect of the study is the theological question on God and land. The study concludes with a proposal on the kind of action that needs to be taken in resolving the land question. / Christian Spirituality, Church History and Missiology / M.Th.(Missiology)

The study focused primarily on the socio-economic benefit(s) of land reform beneficiaries with regard to food security. The study further investigated the socio-economic impact of selected land reform projects in the Limpopo Province which is also very critical for many parts of South Africa. Apart from the traditional output based evaluation of land reform projects, the study managed to identify key significant variables that could be the focus in reforming land reform projects in the future. The study also highlights variables that could contribute positively or negatively to the attainment of socio-economic deliverables of the objectives of land reform. The conclusive data for the study was obtained from 170 beneficiaries of the land reform programme. Beneficiaries have benefited from Land Redistribution and Agricultural Development (LRAD) and Settlement Land Acquisition Grant (SLAG) sub-programmes of land reform in the area of Elias Motsoaledi Local Municipality within the Greater Sekhukhune District Local Municipality. The Multinomial Logic Model (MLM) was regarded as the best model for data analysis and was used to analyse the degree of contribution of socio-economic factors to food security among beneficiaries of LRAD and SLAG. Three categories were selected to determine the level of beneficiaries satisfaction with food security, namely; 1) None; 2) Moderate and 3) High. Dependent variables selected were 1) Number of beneficiaries, 2) Gender, 3) Farm size/ha, 4) Enterprise, 5) Land reform sub programme, 6) Proximity to the project, 7) Decision, 8) Knowledge, 9) Skills, 10) Training, 11) participation in Development organisation, 12) Sustaining production, and 13) Sustaining financial obligation. The study indicated that the participation of beneficiaries in decision making could contribute positively to the attainment of food security. A positive relationship with food security was determined and confirmed the study hypothesis. Knowledge was also found to have a significant relationship with the attainment of household food security. Knowledge was again found linked to training of beneficiaries which in general was inadequate. The study further revealed that almost all beneficiaries were failing to maintain production and financial obligations. Contrary to the hypothesis, enterprise was not found to be significant to the attainment of beneficiaries’ household food security. v The study concluded that land reform is still relevant to food security in the area. It was also concluded that there is a need to develop a comprehensive agricultural development plan to advance the objective of the land reform programme. / Agriculture, Animal Health and Human Ecology / M.Sc. (Agriculture)

Summaries in English and Afrikkans / The aim of this thesis is to investigate the labour law position of South African farm workers. For three and a half centuries farm workers constituted the most neglected group in the South African labour force. Consequently, an understanding of their present position can only be obtained by investigating their labour history. As in other parts of the world, farm workers in South Africa held a subordinate position to agricultural employers. Discrimination against black persons added to the inferior socio-economic and political position of South African farm workers. White farmers occupied a strong political position during most of the time under investigation, which enabled them to institute and apply discriminatory legislation and informal methods to overcome labour shortages. The freedom of movement of black people and their access to land were restricted to create a cheap immobile labour force. During the 20th century farmers prevented the inclusion of farm workers in labour legislation by exercising their political influence. Pressure by industrial trade unions and encouragement by the International Labour Organisation (ILO) resulted in the adoption of the Agricultural Labour Act which made labour legislation applicable to farm workers, but precluded them from striking and made allowance for longer working hours than for industrial workers. The new political dispensation facilitated the inclusion of farm workers in general labour legislation without any discriminatory exceptions and land reform legislation now protects farm workers against arbitrary evictions. A bill of rights furthermore guarantees the rights of farm workers which were previously violated. It would superficially seem that farm workers' problems are something of the past. Farm workers, however, remain handicapped in exercising their new rights by historical factors and circumstances peculiar to the agricultural sector. Legal comparison with Ontario and California confirms that legislation alone is insufficient to empower farm workers. It is recommended that the government amend existing legislation to accommodate the special needs of farm workers and that relevant ILO conventions, especially Convention 141 of 1975, be ratified to aid the development of unions for farm workers. This will contribute to the empowerment of and social justice for farm workers. / Die doel van hierdie tesis is om die arbeidsregtelike posisie van Suid-Afrikaanse plaaswerkers te ondersoek. Plaaswerkers was vir drie en 'n half eeue die mees afgeskeepte groep in die Suid-Afrikaanse werksmag. Om die huidige posisie van plaaswerkers te begryp is dus slegs moontlik deur 'n bestudering van die regsgeskiedenis van plaaswerkers. Soos in ander werelddele beklee plaaswerkers in Suid-Afrika 'n minderwaardige posisie teenoor landbouwerkgewers. Diskriminasie teenoor swartpersonehet bygedra tot die sosio-ekonomiese en polities minderwaardige posisie van Suid-Afrikaanse plaaswerkers. Blanke boere het gedurende die grootste deel van die tydperk onder bespreking 'n sterk politiese posisie beklee wat hulle in staat gestel het om diskriminerende wetgewing en informele metodes aan te wend om arbeidstekorte te bowe te kom. Swart persone se bewegingsvryheid en toegang tot grond is beperk om 'n goedkoop immobiele werksmag te vorm. Gedurende die 20ste eeu het boere se sterk politiese posisie hulle in staat gestel om te verhoed dat plaaswerkers by arbeidswetgewing ingesluit word. Druk deur industriele vakbonde en aanmoediging deur die Intemasionale Arbeidsorganisasie (IAO) het gelei tot die Wet op Landbou-arbeid waardeur arbeidswetgewing op plaaswerkers van toepassing gemaak is, maar wat plaaswerkers verbied het om te staak en wat voorsiening gemaak het vir langer werkure as vir industriele werkers. 'n Nuwe politieke bedeling het gelei tot die insluiting van plaaswerkers in algemene arbeidswetgewing sonder enige diskriminerende uitsonderings en grondhervormingswetgewing beskerm plaaswerkers nou teen arbitrere uitsettings. 'n Handves van menseregte waarborg verder die regte van plaaswerkers wat voorheen misken is. Oenskynlik is die probleme van plaaswerkers nou iets van die verlede. Plaaswerkers word egter steeds in die uitoefening van hulle nuwe regte gestrem deur historiese faktore en die eiesoortige omstandighede van die landbousektor. Regsvergelyking met Kalifomie en Ontario het aangetoon <lat wetgewing alleen nie voldoende is om plaaswerkers te bemagtig nie. Daar word aanbeveel dat die regering bestaande wetgewing wysig om voorsiening te maak vir die spesiale behoeftes van plaaswerkers en dat relevante IA0 konvensies, veral Konvensie 141 van 197 5 geratifiseer word om die ontwikkeling van vakbonde vir plaaswerkers te bevorder. Dit sal bydra tot die bemagtiging van en tot sosiale geregtigheid vir plaaswerkers / Law / LL.D.