Communal Land Rights Research Articles

Convention on Biological Diversity Post 2020 Target: A Critical Analyses of the Threat Posed by 30 X 30 Target, Devoid of a Human Rights Approach Towards Conservation to Land Rights in Developing Countries: Case Study Cameroon

In a bid to protect the country’s biodiversity, the government of Cameroon became party to the Convention of Biological Diversity. However, the conventions recent post 2020 and its 30 by 30 target which is aimed at designating 30% of earth’s land and Oceans has caused a lot of controversy amongst human rights advocates because of the threat it poses to indigenous land rights and has been welcomed by conservationist because of the potential it has towards the protection of biodiversity. This study was conducted to address the threat posed by the Convention on Biological Diversity and its 30 by 30 target to land rights of indigenous and traditional communities in Cameroon. The study employs a qualitative data analysis to arrive at the findings. Implementing the Convention of Biological Diversity post 2020 and its 30 by 30 target will further increase the land rights of indigenous communities in a country that already has a history of violating the land rights of indigenous communities. In order to ensure that the implementation of the Convention on biological diversity post 2020 and it’s 30 by 30 targets don’t violate the land rights of indigenous and traditional communities in Cameroon, the state must adopt a human rights-based approach towards conservation and also ensure that indigenous communities are not left out in the decision-making process in decisions that affects them directly.

Office as Implementing Complete Systematic Land Registration Acceleration in order to realize

The purpose of this study is to determine the role of the land office in the acceleration implementation programcomplete systematic land registration (PTSL). The research method used is a normative juridical research method, which focuses on the study starting from the provisions of the applicable laws and regulations, accompanied by legal theories and principles related to the problems studied. The results of the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Complete Systematic Land Registration Article 1 number 2 regarding the meaning of PTSL, namely Land Registration activities for the first time which are carried out simultaneously for all Land Registration objects throughout the territory of the Republic of Indonesia. Indonesia in one village/kelurahan or other name equivalent to that, which includes the collection of physical data and juridical data regarding one or several objects of Land Registration for the purposes of its registration. Regulation of the Minister of ATR/Head of BPN Number 6 of 2018 Article 2 point 2 states that PTSL aims to provide legal certainty and legal protection of community land rights based on simple, fast, smooth, safe, fair, equitable and open and accountable principles, so as to improve the welfare and prosperity of the community and the state economy, as well as reducing and preventing land disputes and conflicts. The Sidoarjo Regency Land Office as the executor of PTSL acceleration for the Sidoarjo Regency has made efforts to increase public interest in registering their land, given the complex stages of land registration implementation, and various obstacles in its implementation, but this does not become a barrier for the Sidoarjo Regency Land Office in achieving the target, which can be seen from the achievement of the targets that have been achieved.

Can formalisation of pastoral land tenure overcome its paradoxes? Reflections from East Africa

Legal frameworks for communal land rights in Ethiopia, Kenya, and Tanzania are now gaining momentum. Questions can be raised as to whether, how, and to what extent these frameworks take into account the disadvantages of formalising tenure and the complexities of pastoral resources. In this paper, we consider the impact of these challenges on the formalisation of communal ownership, beginning with an overview of how commons theory has influenced land governance policies and how it is applied to pastoral systems. We identify the main challenges that land policy interventions in East Africa face and ways in which the conceptual models of shared property rights embodied in current land tenure regimes are not well adapted to the socio-ecological characteristics of some rangeland landscapes. We argue that policy interventions capable of overcoming the paradox of pastoral tenure and strengthening tenure security while addressing herders’ needs for mobility and flexibility will often involve the progressive recognition of layers of sometimes overlapping rights, rather than attempts to subdivide landscapes into simple mosaics of discrete communal territories. This paper is based on an analysis of the legal frameworks for land tenure in the three countries and a review of the literature on pastoralism and land governance in the region.

The violence of disavowing Indigenous governance: exposing the colonial politics of "development" and FPIC in the Caribbean

After decades of community mobilizing and a protracted legal battle, Maya villages in southern Belize won a watershed Indigenous land rights victory in the Caribbean Court of Justice in 2015. Since then, the state has criminalized environmental defenders, violated communal land rights, and is argued by Maya activists and alcaldes (village leaders) to be operating in discriminatory bad faith. Accordingly, this Grassroots article casts critical light on a recent flashpoint conflict between the Government of Belize and Maya of Toledo District related to Free Prior and Informed Consent (FPIC). The article is directly informed by both the grounded knowledge of an autonomous movement engaged in frontline resistance, and participatory research that is rooted in a politics and spirit of "accompliceship." The structural analysis we offer from an explicitly anticolonial standpoint is instructive about the historical-imperial processes, social forces, and economic logics that underpin conventional approaches to both "development" and the state's duty to consult local communities. Ultimately, the article reveals the forms of political conflict and environmental degradation that continue to emerge globally at the conjuncture of capitalist development, (postcolonial) state power, and struggles for Indigenous self-determination.er, and struggles for Indigenous self-determination.

COMMUNAL LAND RIGHTS ACT 11 OF 2004: OVERVIEW, INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION GUIDELINES

In order to locate communal tenure reform within the context of the constitutional imperative to bring about wide-ranging land reform with reference to access, control, gender, management, categories of rights, security of tenure, and restoration, this note gives a brief summary of the focus of the three land reform programmes, the status quo in respect of each, the major gaps, and the absence of a hands-on implementable comprehensive strategy for land reform support in South Africa (especially at provincial and local government level). This is followed by an overview of the background to, and the contents of, the Communal Land Rights Act 11 of2004. As regards the communal tenure reform programme, cognisance is taken of the need for all-encompassing, appropriately co-ordinated structures and related systems and programmes (including sufficient human, financial, infrastructural and other resources) that would, if effectively implemented, result in the sustained transformation of land control (and the concomitant security of tenure), significant and enduring improvement of quality of life for the millions of South Africans who occupy traditional community areas, and the improvement of agricultural output. In conclusion, ten key implementation steps as well as a number of challenges are listed.

Developing an adapted land administration domain model profile for Kenya

Land is an important resource globally and its administration and management are crucial in meeting the Sustainable Development Goals (SDGs) for example goal 15 and targets 1.4, 2.3, and 5.a. Most land information, more so in the developing countries, are paper based and manually managed. Several countries are working on digital migration for land processes and administration. This is done by first developing a data model for both land parcel and attribute information. International Standards Organization (ISO) Land Administration Domain Model (LADM) was developed in 2012 as a universally accepted model for managing land information. Since then, several countries have developed their country profiles, while others are in the process of developing their regional or country profiles based on their unique requirements. In Kenya, work on a country profile is underway.Several factors need to be considered while developing or extending a LADM country profile. These include a defined scope and stakeholder involvement. Sound methodology is required to deliver a country model. Reviewing the existing legal framework and processes is key. Consequently, the needs of the users and reviewing the earlier proposed models is important. This research, has in addition, interviewed stakeholders and experts on land administration in Kenya and validated these through Focus Group Discussions.To meet requirements related to gender rights and recordation, community land rights, pastoralists seasonal occupation of land and informal occupation required special attention in the process of developing the model for Kenya. The required attributes, Rights, Restrictions and Responsibilities (RRR) and relationship between the classes were also identified.This paper provides a comprehensive set of requirements for developing an extended country profile for Kenya based on the ISO LADM.

Formalization of communal land tenure and expectations for pastoralist livelihoods

Despite progress towards recognizing communal land rights, there may be unintended outcomes, and for pastoral areas there is a need to be aware of how this may affect evolving pastoralist livelihoods. This paper examines trends in pastoralist livelihoods, perceptions and aspirations of pastoralists in a setting where a new communal property rights framework is in the early stages of implementation. The study was carried out in Dirre, a grazing unit of the Borana Zone in Ethiopia. It employed a mixed methods approach that included key informant interviews, focus group discussions, a workshop, a household survey and feedback sessions. The findings show that current livestock herd sizes make it difficult for pastoralists to rely only on livestock keeping, and have necessitated diversification. Crop production is increasingly becoming an alternative livelihood source, and most respondents reported wanting to expand their farms. Pastoralists also expect land certification to help secure land rights and enable better management of rangelands. However, there is also a widely held view that by providing security, certification will also make it easier for them to continue diversifying their livelihoods. This suggests that communal land certification is not likely to end the push to individualization of land and the transition to agropastoralism; it may even accelerate it. The strengthening of communal land rights can thus be used to guide this transition so that it represents a reorganization rather than a collapse of pastoralism. The focus of formalizing land rights for pastoralists should not be saving pastoralism or reversing the agropastoralist trend, but rather securing land rights to enhance the pastoralists’ capacity to make sound livelihood decisions.

Perlindungan Hukum Terhadap Tanah Hak Milik Masyarakat Pasca Bencana Alam Erupsi Gunung Sinabung

Indonesia is located in a natural disaster prone location where various types of natural disasters, including earthquakes and tsunamis, volcanoes, floods, landslides, droughts, forest and land fires, and other natural disasters still occur very frequently. Post natural disaster events also have a systemic impact on land issues, especially for areas that are most severely affected by natural disasters, where one of the impacts is the loss of land boundaries caused by changes in land surface due to natural disasters, mainly caused by the earthquake and tsunami. The problems raised in this study, namely how the rule of law against community land rights after the Mt. Sinabung eruption natural disaster, the position and status of community property rights after the Mt. Sinabung eruption natural disasters and legal protection of community land ownership after the eruption. Mount Sinabung. To find answers to these problems, this research uses descriptive analytical normative legal research, where this normative legal research uses secondary data as primary data and also uses primary data as complementary data using data collection techniques carried out by means of literature study, as well as Qualitative data analysis. The rule of law for community property rights after the natural disaster of the Mt. Sinabung eruption is broadly regulated in Article 27 of Law Number 5 of 1960 Concerning Basic Agrarian Regulations which states that one of the causes of the abolition of ownership rights is because the land was destroyed, however, this provision does not automatically mean that the community's community-owned land can be abolished. There are a number of activities that must be carried out until the community's community-owned land is removed. The position and status of community property rights after the natural disaster of the Mt. Sinabung eruption, which basically remains the property of victims of natural disasters and victims of disasters do not lose their property rights before the disaster belongs to disaster victims. The state cannot directly control the ex-disaster land even though the land owner has died. Land ownership should still be returned to the community, especially for areas that are still inhabited by indigenous peoples. Legal protection of community land rights after the occurrence of natural disaster of the Mt. Sinabung eruption is through legal protection of individual ownership holders and protection through land consolidation and relocation activities

THE ROLE OF THE GOVERNMENT IN THE PROTECTION OF COMMUNITY LAND ON GREEN-ZONE

Land rights are one of the rights of life of the community. This right should have been protected by the state as the implementation of Article 33 paragraph (3) of the 1945 Republic of Indonesia Constitution that the earth and natural wealth in it are protected by the state and used for the people's prosperity. This right is violated by the determination of land owned by the people declared in the green zone so that its use and allocation is limited by the government. On the other hand, when the land will be used in the framework of government planning, the status of the land will change according to the interests of the government. This phenomenon illustrates that the law that should support the state to give a sense of justice to the people on the contrary makes people's rights not fulfilled. The aim to be achieved in this study is to analyze the role of the government in protecting community land rights in the green zone. This research is normative legal research. Based on the research, it was concluded that community welfare and community justice were not well accommodated by the government regarding land in the green zone because there was a lack of clear arrangements regarding the ability to transfer the land.

Decolonizing cartography and ontological conflict: Counter-mapping in Colombia and “cartographies otherwise”

Discussions in decolonial literature have recently drawn on the concept of “ontological conflict” to reflect on the conflictual entanglements of diverse cosmologies. In Latin America (as elsewhere) these conflicts are frequently of a territorial nature, with indigenous and black communities making claims to communal land rights as indispensable part of their respective ways of being-in-the-world, which the post-colonial state has increasingly begun to acknowledge, often in the form of new political constitutions. In this article I examine the role of cartography in the resolution of such ontological conflicts; in particular a participatory mapping exercise in Colombia known as “social cartography,” which aims to challenge dominant cartographic representations and empowering local communities vis-à-vis the state. At the same time, I reflect on the limits of such an emancipatory vision and on the ways in which Colombia's version of counter-mapping has been coopted by dominant power. Inspired by the Modernity/Coloniality/Decoloniality framework, I contextualize this experience within other radical mapping exercises, or “cartographies otherwise,” in places such as Australia, Palestine and the Straits of Gibraltar, to finally suggest that the art of decolonizing cartography may be seen as a tool of Hardt & Negri's project of a multitude in resistance.

Collaborative Governance in Recognizing Customary Law Communities And Customary Communal Land Rights in Kampar Regency

Recognition and protection towards customary law communities in Kampar Regency are inevitable, remembering that the existence of these communities far before the establishment of this nation. A very progressive response was issued by the Regent of Kampar by Forming Registration Team for The Establishment of Customary Law Communities, Customary Territory, and Customary Forests in Kampar Regency. The Registration Team came from local government organizations, national land agencies, academicians, ministries element, non-governmental organization, and customary community institution shows collaboration that involves state actors. This collaboration successfully initiates the acknowledgment toward customary law communities and customary law with the release of Regent Decree in some areas under the Kampar Regency. This study uses a qualitative method with the type of phenomenological research. This collaborative governance is initiated by NGOs that focus on the environment and sustainable development. dominance is still found in the implementation of duties, the unequal power / authority of all parties, conflicts of interest, political will from regional heads and communication and coordination issues are still major obstacles.

Usage of land and coastal waters of the outermost small islands for marine tourism in Indonesia

Investment in maritime tourism business opens opportunities for the outermost small islands to be explored in appropriate ways. To control the usage of the land, itmust be regulated by various regulations such as the requirements for business licenses, location and management permits, as well as the provision of right to build for use of land and coastal waters, which is important in marine tourism activities. One of the outermost small islands is Kepa Island in Alor District, East Nusa Tenggara, which is controlled by NuhaKepa Kai Limited Liability Company. The focus of this study is to emphasize the status of the land rights of the Kepa Island community, the legality of the control and usage of land and coastal waters for water tourism business by foreigners, and the role of the local government in granting permission and supervision to the foreigners. The research collected primary data through observation and interviews and secondary data through literature studies. The data then analyzed descriptively. The results of the study are the status of community land rights in the Kepa island involves individual land rights certificates; PT NuhaKepa Kai already has location and management permits but has not yet obtained right to build for land; and the issuance of permits and supervision by the local government are still inadequate and have not been coordinated with the relevant agencies.

Pioneers of the plantation economy: militarism, dispossession and the limits of growth in the Wa State of Myanmar

The characteristic mobility of highland populations in Southeast Asia relied to a large extent on their particular adaption to an ecological environment: swidden cultivation of tubers on mountain slopes. This ecology corresponded to cosmologies in which potency was limitless, or at least had no fixed and delimited precinct (as did the rice paddies and Buddhist realms in the valleys). Military state building, modern transport, and new crops and agricultural technologies have effectively ended swidden cultivation. In this article, I follow the pioneers of the plantation economy in the Wa State of Myanmar, who dispossess local populations of their land and employ them as plantation labour. The limits of growth and potency they encounter are (a) in the natural environment and (b) in the resistance of local populations. Yet, even though there are such limits, the potency to which these pioneers aspire is still limitless. It is however channelled through a new economy of life, epitomised in the plantation, nourished in excessive feasting, and maintained by the kinship dynamics of capture and care.

Kajian Hak Ulayat Di Kabupaten Kampar Dalam Perspektif Peraturan Perundang-Undangan Dan Hukum Adat

The existence of ulayat land rights for adat law communities in Kampar Regency is recognized in customary law across generations based on Adat Jati Andiko Nan 44. Development of ulayat land rights arrangements has shifted because they are regulated based on adat law and statutory regulations. The purpose of this research is to examine the recognition and protection of ulayat land rights based on the prevailing laws and regulations and based on adat law. This research method is normative empirical, the data sources are primary data and secondary data and analyzed descriptively qualitatively. The results of the research conclude that the recognition and protection of the ulayat land rights of the adat law community as contained in the statutory regulations have not been able to provide legal protection because the legal politics of recognizing ulayat land rights are still half-hearted, false and ambivalent. Therefore, efforts are needed to rebuild the legal politics of state recognition and protection of ulayat land rights of the adat law communities in the statutory regulations. It is necessary to revise the Kampar Regency Regional Regulation on Ulayat Rights by adopting the values of the Adat Jati Andiko Nan 44 as a law that lives, grows and develops in the adat law communities in Kampar Regency.

The Role of The Government in The Recognition of Customary Rights to Achieve Economic Development of Customary Law Communities

Every State wants a condition in which the people have a prominent level of welfare and prosperity, because that condition can reflect how a state has been successful in carrying out its development. The existence of development that can lead to prominent level of welfare and prosperity, certainly, shows the success of a state in achieving the state's goals. But in practice it is often found that the people of a state do not have a prominent level of welfare and prosperity due to the unprotected rights of the people. The lack protection rights of the people are one form of social problems; which of course requires a very fast handling. Therefore, in general, every state tries, so that the protection rights of the people can be fulfilled. Similarly, for the state of Indonesia, the protection of communal customderived land rights (ulayat rights) of indigenous peoples is one of the tasks that must be fulfilled by the government. The effort is not easy; therefore, needs a thorough study to overcome the problem. The method used in this research is a normative juridical method. The results of the study, indicate the role of government in regulating the recognition forms of the rights of indigenous peoples, especially, communal custom-derived land rights of indigenous people. In addition, there are various substances of legislation that must be regulated in order to recognize communal custom-derived land rights of indigenous people such as how to recognize indigenous peoples, their recognition procedures, indigenous peoples' obligations, and dispute resolution mechanisms. Finally, regulation about recognition of indigenous peoples is expected to have an impact on the economic development of indigenous peoples itself.

Pemberian Hak Guna Usaha di Atas Tanah Hak Komunal Menurut Hukum Pertanahan di Indonesia

The granting of Communal Rights Certificates is done according to Article 18 of the MATR / KBPN regulation No. 10/2016, if it has been decided that by the Governor, the Regent / Mayor in that place there are indeed indigenous peoples, the Officer will report to the Ministry of National Land Agency (hereinafter abbreviated as BPN) so that it is not changed and the registration of Communal Rights for the land contained therein in that area. This study aims to determine the mechanism for granting communal land rights certificates for customary law associations and also to identify tenure rights with communal rights based on agrarian arrangements. This research is a normative legal research with a statutory approach and analysis approach and legal concepts. The results of this study indicate that the Decree of the Minister of Land said that if the results of the research there were indigenous peoples and their land, the inauguration of the indigenous peoples was decided by the ministry of MATR / BPN of the region to determine and register communal rights over their land in the region's BPN. The communal rights being applied for will be issued in the future the communal rights certificate of the customary law community. After the Communal Rights Certificate is issued from the BPN on behalf of the customary community, the use and use can be cooperated with a third party, in this case if there is a party who is applying for a Cultivation Right on the communal right, then the customary law community may negotiate with the applicant, in order to get the same benefits. The conclusion is that the mechanism for granting communal land rights certificates to customary law associations starts from the report of the customary head to the Regent / Mayor and the granting of Building Use Rights on Communal Rights land is allowed as long as Communal Rights as long as the customary community wants to relinquish these rights or exchange with other land.

Implementasi Pendaftaran Hak Atas Tanah Komunal di Desa Adat Pakraman Bungbungan Bali

This study aimed to analyze the application of the registration of communal land rights of indigenous and tribal peoples in the Pakraman Bungbungan Traditional Village, Jembrana Regency, as well as to explore issues that hampered registration of communal land rights and efforts made by the government to overcome these obstacles. The study method used an empirical legal study with a sociological juridical approach. From the study results, it was known that the registration of communal land rights in the Desa Adat Pakraman Bungbungan, Jembrana Regency, Bali Province was implemented through the Government’s Strategic Program, namely the Complete Systematic Land Registration 2019. There were several obstacles experienced, one of them being the community’s ignorance of the communal land registration process. The effort made by officials of the Jembrana District Land Office was to disseminate information to indigenous peoples regarding the way to register communal land.

Devolution and the politics of communal tenure reform in Kenya

Abstract Increased legal access and the devolution of natural resource administration are generally seen as sources of power for local communities and their institutions. However, beyond this widely held expectation, the politics of land reform suggest that legal recognition of rights and devolution is not the only issue with implications for communal tenure reforms. Misconceptions about communal tenure, which are rooted in history, and their appropriation by local elites in the processes of communal tenure reform are characteristic of both colonial and post-colonial governments in Kenya. Although typically articulated and promulgated to enhance political representation and to devolve control over resources to the local level, unresolved issues in the reform process have worked to undermine the legitimacy of communal land rights in contemporary Kenyan society. A case study of the post-2010 community land legislation process demonstrates the continuing relevance of historically conditioned political and ideological representations of communal tenure built during the colonial period and reproduced in policy in independent Kenya. This paper offers reflections on the centrality of sustained communal tenure misconceptions, fetishization of formal governance institutions, and the institutional and power configurations that primarily benefit powerful stakeholders as sources of the current breakdown in the implementation of community land law.

HIBAH LISAN TANAH KAUM KOTO LANSANO MENURUT HUKUM ADAT MINANGKABA

The existence of tanah ulayat (communal land) as a right of possession over land in Indonesia is recognized by Law - Act No. 5/1960 about the Indonesian Basic Agrarian Law, contained in Article 3, supported by Law - 1945 Article 18 letter B paragraph (2). As long as they exist, hak ulayat (communal land rights) are recognized in the order of National Land Law. Therefore, it is also valid for hak ulayat of Indigenous Minangkabau society that still exist today. There are several kinds of hak ulayat according to the Customary Law of Minangkabau, one of them is hak ulayat kaum (clan communal land rights) or also called tanah kaum (clan communal land). Tanah kaum has become the object of research. Research method used is a normative juridical research which is descriptive. Data collection is conducted through literature study with secondary data and analyzed qualitatively. Tanah kaum is a high-inherited wealth which according to Minangkabau Customary Law, the ownership should not be transferred to another party except certain things. Tanah kaum can only be given to the another party with special rule called ganggam bauntuak (right of use) based on grant. Grants can be made either orally or written. From these results, it can be concluded that the grants were made either orally or written is legal under Customary Law of Minangkabau.

Misleading Icons of Communal Lands in Indonesia: Implications of Adat Forest Recognition From a Model Site in Kajang, Sulawesi

Rural development advocates are increasingly favouring policies that recognise community land rights in Indonesia, suggesting that recognition will protect forests and support livelihoods. In this article, we examine the effects of recognition by asking who benefits, and to what extent recognition impacts on livelihoods. Our case study focuses on an iconic site, the Kajang community of South Sulawesi, because advocates often point to that community as a model case. Based on over three years of field research on tenure and conflict among the Kajang, we highlight the discrepancy between the effects of recognition and existing livelihood realities. We show that communal territory in Kajang is a site of contestation, entangled in conflict over who can claim cultivation rights. We thus argue that representation of Kajang as harmonious forest communities governed by communal tenure is misleading. As advocates continue to promote similar policies elsewhere, we show that this kind of misrepresentation serves to further obscure the lingering land insecurity of rural Indonesians.