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- Bwalya Umar, Bridget, et al.
(författare)
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Legalizing illegalities? : Land titling and land tenure security in informal settlements
- 2023
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Ingår i: Frontiers in Sustainable Cities. - 2624-9634. ; 5, s. 1-15
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Tidskriftsartikel (refereegranskat)abstract
- This study investigated how land rights formalization had affected land tenure security among landowners in two informal settlements of Lusaka and Chongwe districts, Zambia. It explored how social norms on land inheritance, decision making over land, marital trust and land related conflicts had been affected by the changed nature of land rights. Data was collected through a questionnaire survey of all the 302 households that had obtained title deeds at the time of the survey, two 3-in-1 focus group discussions and four key informant interviews. Results suggest that land tenure security is now a reality for residents that hitherto lived under constant threat of eviction. Landowners have benefitted from the formalization initiative through land laws and local norms that allow equitable access to land. Land rights formalization has curtailed land rights for secondary claimants such as extended family members, in preference for man, spouse and biological children. A sense of ownership undisputedly increased for men and women in the two study sites. About 50% of the respondents in both study sites indicated that formalization of land rights had not resulted in family conflicts. At least one-third from both sites reported an increase in love and trust between spouses after land rights formalization. About half of the respondents reported that no change in decision-making authority had occurred for men while 42% reported an increase. Formalizing land rights in informal settlements has entailed legalizing illegalities as regulations on plot boundaries are set aside by the state to achieve its aspirations of providing land tenure security to poor urbanites who would not otherwise have recourse to legal or regularized land. We recommend that caution be taken in promoting what is unarguably a pro-poor initiative to ensure that such initiatives should not incentivize future land encroachments.
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Lawyers in the Third World : comparative and developmental perspectives
- 1981
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- The underlying reason for this book is a concern about the social impact of legal professions on "development" and "underdevelopment" and on the capacity of the mass of people in the countries studied (who are poor by any standards) to use law to better their social condition.Part of the book is a collection of empirical and historical studies of lawyers in various Third World countries. These studies offer data and insights of value to legal and other scholars of the countries and regions examined; material for historians of colonial societies; contributions to theories of professionalism and the sociology of occupational groups, evidence to support theories which link characteristics of legal professions with characteristics of the political economy within which they exist.An overview essay discusses different paradigms which have influenced thinking about development and the significance of lawyers in it, and different approaches which may affect the study and evaluation of legal professions. The country studies come next. The concluding chapters set out some generalizations about social factors which have influenced the history and character of Third World professions and the social impact of professions, notably on the rural poor. Generally, the case studies suggest that legal professions contribute to the kind of highly skewed distribution of wealth and power now characteristic of many Third World polities. A final chapter explores the implications of these findings for alternative approaches to development.
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- Melber, Henning, 1950-
(författare)
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Namibia's Resource Based Economy : Protection versus Exploitation of Nature
- 2022
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Ingår i: Constitutionalism and the Economy in Africa. - Oxford : Oxford University Press. - 9780192886439 - 9780191981555 ; , s. 288-310
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Bokkapitel (refereegranskat)abstract
- Namibia is a resource-rich country with a fragile ecosystem. As one of the driest countries in the world, it faces environmental challenges. Its socio-economic realities are still much influenced by the structural legacy of colonialism. Raw material is mainly exported without any value addition, and the distribution of relative wealth is highly unequal. Although Namibia is an upper middle-income country, a large number of its inhabitants live in poverty. Since 2016, the economy has entered into a lasting recession, leading to fiscal constraints on the state and government and an increase in unemployment. While the Constitution and certain laws create a normative framework for protecting the environment, economic role-players are tempted to ignore these specified requirements when it comes to the exploitation of natural resources. This chapter uses the cases of seabed phosphate mining, the harvesting of timber in a precarious ecological environment, and the opening of a tobacco plantation to illustrate the conflicting interests that arise. It shows that while legal provisions are in place, they are not always strictly recognized and implemented. This brings to the fore the dilemma of an economic policy that seeks to secure income from the country’s natural resources but at times does so at the cost of the natural habitat. As is also shown, line ministries are not always in agreement and reach different conclusions and policies. This points to relatively selective and occasionally incoherent implementation of the country’s constitutional and legal provisions.
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