Thumbnail Image

Customary water rights and contemporary water legislation: mapping out the interface









Also available in:
No results found.

Related items

Showing items related by metadata.

  • Thumbnail Image
    Brochure, flyer, fact-sheet
    Customary law: Customary norms and practices to strengthen the sustainable use of wildlife resources in Binga District by Tonga communities 2023
    Also available in:
    No results found.

    In Zimbabwe, the Sustainable Wildlife Management (SWM) Programme pilot site is referred to as “Mucheni Community Conservancy” in Binga District, Matabeleland North Province. It is an area of communal land covering three wards under the formal authority of the Binga Rural District Council (RDC). One of the hoped-for outcomes of the SWM Programme is to ensure that policies and regulations enable the sustainable use of species that are resilient to hunting and fishing, and to ensure the conservation of protected and threatened species. To this end, the Programme identified gaps and opportunities for the sustainable use of wildlife through the analysis of statutory and customary laws. The focus of this document is to report on customary norms and practices in relation to land use and planning, hunting and fishing activities in Binga District. Gaps and contradictions between customary and statutory systems are highlighted, along with opportunities and challenges related to the formal recognition of customary rules. Information was obtained from secondary sources including a review of the existing literature as well as semi-structured interviews with key stakeholders in the area which included local leaders (chiefs and headmen) and community representative groups (men, women, youth), government officials (Forestry Commission, Parks and wildlife management authority, Environment management agency, veterinary officers, etc.), Rural district council officials, local NGOs and local politicians. Interviews were useful in validating information collected from secondary sources including colonial archives. The SWM Programme is an initiative of the Organisation of the African, Caribbean and Pacific States (OACPS). It is implemented through a partnership involving the Food and Agriculture Organization of the United Nations (FAO), International Cooperation Center for Agricultural Research for Development (CIRAD), International Center for Forestry Research (CIFOR) and Wildlife Conservation Society (WCS).
  • Thumbnail Image
    Book (series)
    The Interface between Customary and Statutory Water Rights - A Statutory Perspective 2005
    Also available in:
    No results found.

    This paper will contribute to mapping out the area of interface of customary water rights and statutory water rights. Based on original surveys and analyses of water legislation and customary water rights and practices in Canada (Nowlan 2004), Ghana (Sarpong 2004), Guyana (Janki 2004), and Nigeria (Kuruk 2004), as well as a brief analysis of the contemporary legislation of Argentina, Indonesia, and Namibia, this paper will (a) review the extent to which customary water-related practices and righ ts have been accounted for in water legislation, (b) analyze the approaches to reconciling such rights with the rights created by statute and administered by government, and (c) based on the analysis, flag emerging issues as well as sketch an agenda for future action.
  • Thumbnail Image
    Book (series)
    Changes in in "customary" land tenure systems in Africa 2006
    Also available in:
    No results found.

    Across rural Africa, land legislation struggles to be properly implemented, and most resource users gain access to land on the basis of local land tenure systems. Although such systems claim to draw their legitimacy from “tradition” and are commonly referred to as “customary” (and for easier reading we will follow this terminology), they have been profoundly changed by decades of colonial and post-independence government interventions, and are continually adapted and reinterpreted as a result of diverse factors like cultural interactions, population pressures, socio-economic change and political processes. Such land tenure systems are extremely diverse, possibly changing from village to village. This diversity is the result of a range of cultural, ecological, social, economic and political factors.

Users also downloaded

Showing related downloaded files

No results found.