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Women’s land rights and agrarian change: Evidence from indigenous communities in Cambodia










FAO, 2019. Women’s land rights and agrarian change: evidence from indigenous communities in Cambodia. Phnom Penh. 56 pp. Licence: CC BY-NC-SA 3.0 IGO.


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    Booklet
    Assessing inclusive and participatory mapping for recognizing customary tenure systems in Myanmar 2021
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    Vast amounts of land in Myanmar are not registered. All this land is, in fact, considered as being at the disposal of the Government of the Union of Myanmar, although communities claim it legitimately as customary land. In the absence of specific legal measures for the recognition and protection of community and/or village lands, these systems are under threat of alienation. The National Land Use Policy includes provisions for recognizing customary tenure, but there is currently a legal gap for customary land. Inclusive and participatory mapping could fill this gap and thereby contribute to securing legitimate tenure rights to land, fisheries and forests. Inclusive and participatory mapping of customary tenure has proven to be an effective tool in many countries across the world to empower indigenous peoples and local communities in view of claiming their tenure rights to land and other natural resources. For many it means literally "to be put on the map". Examples of participary mapping in the world and in Myanmar to strengthen customary tenure are assessed and recommendations for the future provided.
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    Sustainable Development Goal 16 & Indigenous Peoples’ Collective Rights to Land, Territories & Resources 2021
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    Land rights are interlinked with peace and development, being the trigger for conflict and disputes involving Indigenous Peoples’ rights in almost every region in the world (United Nations Indigenous Peoples Major Group for Sustainable Development, 2019). Access to land is closely related to the right to adequate food, as recognized under article 25 of the Universal Declaration of Human Rights and article 11 of the International Covenant on Economic, Social and Cultural Rights. Natural resources are the main direct source of food for the majority of Indigenous Peoples. While land and water are central to food production, forest resources provide a basis for subsistence harvesting as well as for income-generating activities, e.g. through the collection and use of non-wood forest products. Thus Indigenous Peoples’ right to food often depends closely on their access to and control over their lands and other natural resources in their territories. For many traditional communities, especially those living in remote regions, access to hunting, fishing and gathering grounds for their subsistence livelihoods is essential for ensuring their adequate nutrition, as they may have no physical or economic access to marketed food (Knuth, 2009). There is therefore a key relationship between realising the right to food and improving access to natural resources which is also recognised by the Voluntary Guidelines to support the progressive realization of the right to adequate food in the context of national food security (Right to Food Guidelines) adopted by FAO Council in 2004. This paper has highlights the intrinsic relationship that exists between the collective of Indigenous Peoples to land, territories and resources, and SDG 16 on peace justice and strong institutions. In the light of the goals set out in the 2030 Agenda, the fulfillment of the entire SDGs for Indigenous Peoples depends on the legal recognition and legal protection of their collective rights as an essential condition for the implementation of the right to self-determination as enshrined in UNDRIP and the other international treaties. The legal protection of collective rights of Indigenous Peoples implies not only respecting their collective right to natural resources which is at the core of FAO’s mandate, but also their right to exercise their justice and governance systems. Respect for their institutions, legal regimes, and customary law within the framework of legal pluralism is an intrinsic part of SDG16, and the achievement of peace depends precisely on this.
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    Country Study on Status of Land Tenure, Planning and Management in Oriental Near East Countries
    Case of Egypt
    2012
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    The share of agriculture in the GDP declined from 16 percent in the 1990s to almost 14 percent in 2010. Meanwhile, those employed in agriculture as a percent of total labor force is declining since 1960 to 2006. Despite losing labor and share of the GDP, agriculture is, and will continue to be, among the major economic activities in Egypt, and a generator for economic growth. The balance between agriculture and other productive sectors of the economy require proper spatial and land use planning. Land tenure is central to this planning exercise. Land property right is the result of common factors, such as occupation and religion i.e. Islam, and agro-climatic conditions. Land property rights are multiple and complex. They are inherited from pre-Islamic rules (Orf), Islamic (Sharia) and colonial as well as post-colonial legislation. All these rules are co-existed. There are number of land status (regimes) such as private ownership (melk), collective land (waqf). Also there is a dichotomy (rural-urban).Land policy formulation and management in Egypt have been transforming in close association with institutional transformations. Since the Ottomans, to Mohamed Ali, to the Nasser‟s regime, and ending by the Mubarak administration, each period of time had its dogma and accordingly its land tenure systems. Today, Egypt has investment opportunities map till 2017 that defines land uses for the overall development. Today there are number of institutions responsible for planning the uses of this land and the mechanism to transfer the ownership of this land.The land question can be framed in the current status of dwarf and fragmented holdings. This is the result of complicated procedures to secure property right, inheritance, and increased prices and/or rents per unit of land used for agricultural or non-agricultural uses. Consequences include persisted rural poverty, violent disputes as a result of increased population densities and informality. The impacts are a multitude of ec onomic inefficiency and idle land markets.Laws and regulations that govern land markets come in ten sets of groups. Islamic, customary and civic laws co-exist next to each other. The institutional framework that governs land markets need serious transformations including, but not limited to, redefining the mission and mandate of public bodies responsible for land distribution and sectoral development, and adopting principles of good governance.For perfectly competitive land markets, there is a n eed for updated cadastral and registry of land by which each parcel of land has a national identification number. The registry has to include specification of each parcel, information concerning the owner(s), sub-divisions, etc. Aside of these corrective and preventive measures, there is a need for a wide range of supportive measures. Educating and enlightening the public with their rights and means to access land is essential for perfectly competitive markets. Applying taxes on wind-fall gains is another measure to control freezing savings and money in the form of land and vacant dwellings. Also levying an annual tax on unused land and closed dwellings is prone to divert money needed for investment away and curb the tendency to speculative practices. This recommendation is in line with Islamic Shariya where the owners of utilized assets, in the form of land, gold, real estate, etc. have to pay 2.5 percent of its assessed value in the form of zakat. This recommendation will free frozen assets, and will avail money for investment that can generate employment opportunities.

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