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 (2004 – 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 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 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 within the space, given the area - calls for a - defined system of rights by the residents themselves. Whilst it is true that there is no one story about Zimbabwe’s land reform (Scoones et al 2011), the contribution of this research towards insights emanating from the newly resettled farmers adds another invaluable contribution in the realm of rural development issues.

<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>

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 (2004 – 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 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 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 within the space, given the area - calls for a - defined system of rights by the residents themselves. Whilst it is true that there is no one story about Zimbabwe’s land reform (Scoones et al 2011), the contribution of this research towards insights emanating from the newly resettled farmers adds another invaluable contribution in the realm of rural development issues.

<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>

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 (2004-2011) 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 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 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 within the space, given the area - calls for a - defined system of rights by the residents themselves. Whilst it is true that there is no one story about Zimbabwe's land reform (Scoones et al 2011), the contribution of this research towards insights emanating from the newly resettled farmers adds another invaluable contribution in the realm of rural development issues. / Magister Philosophiae (Land and Agrarian Studies) - MPhil(LAS)

This thesis presents a' detailed study of the regulation of Independent Local Radio by the Independent Broadcasting Authority. The I.B.A. is an independent regulatory agency established to decide questions affecting both public and private rights. Two key functions performed by regulatory agencies are identified: law-elaboration and law-application. Law-elaboration is a quasi-legislative power which involves both the making of policy and the subsequent articulation of that policy through rule-making. Law-application entails the application of those rules in individual decisions. It is argued that the exercise of such powers can usefully be analysed in terms of legitimacy. What can validate the exercise of legislative powers by an unelected and largely unaccountable agency? In addressing this question, use is made of four ideal-type models of regulatory legitimacy: (1) legislative; (2) accountability; (3) due process; and (4) expertise. The general conclusion drawn is that it would be problematical for the I.B.A. to claim legitimacy for its policies and rules on the basis of its legislative mandate, its accountability, its respect for due process or its expertise. In particular, it is argued that there is little direct correlation between the I.B.A.'s activities and its legislative mandate. This is stated to be a problem inherent in the nature of the relationship between the legislature and a regulatory agency. It is argued that the present system of regulating I.L.R. is in need of reform if it is to make out a more convincing case for its legitimacy. The two main approaches to reform are deregulation and procedural innovation. Administrative lawyers have tended to focus on the latter type of reform. It is argued that administrative lawyers should widen their horizons beyond the procedural and become concerned with the outcome of the regulatory process: the concern should be with substantive as well as procedural legitimacy.

Magister Philosophiae (Land and Agrarian Studies) - MPhil(LAS) / 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 (2004 ; 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 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 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 within the space, given the area - calls for a - defined system of rights by the residents themselves. Whilst it is true that there is no one story about Zimbabwens land reform (Scoones et al 2011) 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 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 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 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 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 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 in Zimbabwe in general. / South Africa

The analysis of the possibility of application the fundamental rights in the juridical privates relationships is the main theme of this essay. It also treats about the process of Constitutionalization of the private law, taking in account that the strengthening of the Constitution provided a reestructuration of fundamental rights before the juridical system. It also analyses important aspects of fundamental rights, as the universal character that is inherent to them. It studies relevant dogmatic arguments as the normative strength of the Constitution, the immediate applicability of the fundamental rights clause and the proper characteristics of the jusfundamental norms that strengthen the acceptation of the thesis that the fundamental rights link straightly also private person. It is also about the private autonomy and its constitutional protection, in order to prove that fundamental rights are not absolute in case of conflict, for the private autonomy is also benefited by the constitutional protection. It treats about the collision of fundamental rights as a collision problem between principles to, then, sustain the argument that, in such cases, the solution occurs through the utilization of the hermeneutic method of ponderation. Hence, it is sustained that ponderation can be controlled, searching for a result that does not affect the principle of proportionality. At last, it is made an analysis of some practical cases judged by the Supremo Tribunal Federal , that treat about collisions between fundamental rights in relationships privates to, from theses analyses, conclude all the reasoning constructed along the work, that the immediate application of the fundamental rights in private relations is the best option among the presented theories. / Fundação de Amparo a Pesquisa do Estado de Alagoas / Esta dissertação tem como tema a análise da possibilidade de se aplicar os direitos fundamentais em relações jurídicas privadas. Aborda também o processo de Constitucionalização do direito privado, tendo-se em vista que o fortalecimento da Constituição proporcionou uma reestruturação dos direitos fundamentais frente ao ordenamento jurídico. Analisa também importantes aspectos dos direitos fundamentais, como o caráter universal que lhe é inerente. Estuda relevantes argumentos dogmáticos como a força normativa da Constituição, a cláusula da aplicabilidade imediata dos direitos fundamentais e as características próprias das normas jusfundamentais que fortalecem a aceitação da tese de que os direitos fundamentais vinculam diretamente também particulares. Discorre acerca da autonomia privada e sua proteção constitucional, a fim de comprovar que os direitos fundamentais não são absolutos em caso de conflito, já que a autonomia privada também se favorece de proteção constitucional. Trata da colisão de direitos fundamentais como um problema de colisão de princípios, para, então, sustentar o argumento de que, em casos tais, a solução se dá mediante a utilização do método hermenêutico da ponderação. Nesse sentido, sustenta que a ponderação pode ser controlada, visando o alcance de um resultado que não afete o princípio da proporcionalidade. Por fim, faz uma análise de alguns casos paradigmáticos julgados pelo Supremo Tribunal Federal, que tratam de colisões de direitos fundamentais nas relações privadas, para, a partir de tais análises, concluir todo o raciocínio construído ao longo do trabalho, de que a aplicação imediata dos direitos fundamentais nas relações privadas é a melhor opção dentre as teorias apresentadas.

Human rights are presumed to be universal given the universal declaration on human rights by the United Nations in 1948. Half a century has passed, and private human rights such as group rights are discriminated against worldwide. This thesis studies the presumed tension between universal human rights and private human rights, and how the specific rights are discriminated against. External monitoring is part of duties assigned to civil society organisations, and organisations monitor this issue and uses various methods to create circumstances in which private rights are respected. This thesis studies the European context through the European Court of Justice and the European Convention on Human Rights, and how civil society organisations in Europe use strategic litigation for Roma human rights. The purpose of this thesis is to establish how the European Court of Justice balances the tension between universal human rights and private human rights when civil society invokes discrimination against human rights. A sub-purpose is to identify whether there is a long-term consequence of strategic litigation for Roma human rights in Europe. The thesis has dealt with two ideas of human rights: universalism and discrimination. The chosen method for the study has been descriptive analysis of ideas to show the existence of ideas in texts, and thus be able to ascertain a shift in expression. The material is obtained by the civil society organisation European Roma Rights Centre, which are rulings from the European Court of Justice. The result of the study is that the European Court of Justice has previously considered that human rights should be universal and held that discrimination is difficult to prove. In recent cases however, the European Court of Justice has ruled that discrimination is constitutional for the Roma. Lastly, it is stated that strategic litigation can be viewed as effective in reducing the tension between universal human rights and private human rights in Europe.