Land Demarcation Research Articles

Indigenous land demarcation conflicts in Brazil: Has the Supreme Court’s decision brought (in)stability?

We investigate judiciary decision-making patterns regarding property rights conflicts between native Brazilians and rural farmers in the Midwest region of Brazil. Our main contribution is the use of the qualitative comparative analysis (QCA) method for the evaluation of the issue. We use QCA to examine a unique database composed of cases heard by a regional federal court in Brazil between 1999 and 2013. Our empirical analysis is based on the outcomes of the individual judicial procedures along with the specific laws and jurisprudences evoked by the federal judges in making their decisions. We find evidence that a major case settled by the Brazilian Supreme Court in 2009, celebrated as a landmark in national jurisprudence and expected to bring stability to the conflicts, did not have this effect on lower courts’ judgments. In fact, the 2009 decision triggered a proliferation of different interpretations among judges about how to analyze the land conflicts, thus changing the structure of the judges’ decisions. Based on these findings, we can shed new light on the dynamics of judicial decision-making regarding property rights conflicts of indigenous lands in Brazil.

A demarcação de terras indígenas como política linguística

Este artigo tem como objetivo ilustrar um exercício de construção teórica a partir dos princípios da pesquisa etnográfica no âmbito da Linguística Aplicada indisciplinar. Em específico, disserto, num relato autoetnográfico, a respeito de como desenvolver trabalho de campo durante oito anos no universo indígena de Santa Catarina, particularmente em comunidades e escolas Guarani, Kaingang e Laklãnõ-Xokleng, assim como em programas de formação de professores da Universidade Federal de Santa Catarina para essas comunidades, tem me levado a fundamentar teoricamente as línguas indígenas enquanto processos sociais, construindo uma resposta à seguinte pergunta: de que forma é possível fundamentar teoricamente a demarcação de terras enquanto política indispensável para o fortalecimento das línguas indígenas?

Conflitos na luta pela terra e território em áreas de agronegócio: das violências, negligências e precariedades às manifestações e conquistas dos Guarani e Kaiowá

Este texto consistiu em uma análise documental de reportagens veiculadas no jornal O Progresso, Mato Grosso do Sul, com o objetivo de caracterizar e identificar os conflitos, confrontos e conquistas, no processo de demarcação de terras, em áreas de fronteira de agronegócio que envolve os Guarani e Kaiowá e fazendeiros. A amostra abarcou 113 reportagens publicadas no período de 2016 a 2018, e respeitaram o delineamento metodológico da análise de conteúdo temática. Duas categorias foram criadas: Conflitos (79,65%) e Conquistas (20,35%). Contata-se que nas reservas indígenas o auxílio é escasso e falho, enquanto que os problemas, dificuldades, situações de resistência e condições de resiliência predominam nos conflitos pelos territórios tradicionais.

Surveying and producing the frontier in nineteenth century Manipur: challenges and practices

ABSTRACTThe second half of the nineteenth century was a turning point in the history of modern Manipur when it collaborated with the British in the first Anglo-Burmese War of 1824. With the conclusion of the treaty of Yandaboo 1826, Manipur was transformed into a frontier zone. In this backdrop, the paper explores the pre-colonial notion of territory and how it competed with the European notions of space. Boundaries were fluid, and land was perceived more in terms of people and social relations. The paper also highlights the impact of state formation and territorialisation on identity formation by referring to the changes in the management of the hills and the valley after the 1891 Anglo-Manipuri War. Demarcation of land and boundaries submitted to the logic of rule and control which resulted in the classification of land and people into far more rigid categories like the separate management of the hills and the valley.

CULTURA E DEMARCAÇÃO DAS TERRAS DOS POVOS INDÍGENAS: DESAFIOS E OPORTUNIDADES NO BRASIL CONTEMPORÂNEO

pretendemos neste artigo traçar argumentos e reflexões que perpassem como um fio condutor carregando debates que acreditamos “jogar” luz na articulação de densidades teórico-metodológicas e analíticas sobre questões indígenas no Brasil contemporâneo, considerando como mediação das nossas linhas de analises o estudo da cultura, que perpassa para além da materialidade, como uma chave para interpretar desafios e oportunidades vivenciados pelos povos indígenas no Brasil, seja nas questões políticas, sociais, culturais, e com maiores delineamento no que se refere à demarcação de terras desses povos. Nessa empreitada, optamos por utilizar as abordagens culturais no âmbito político e científico da Geografia, identificando no debate da pós-modernidade, não se referindo a uma ruptura com a modernidade, os elementos que atendem de maneira mais elucidatória os objetivos aqui pretendidos, que entrecruzam o debate da cultura no tocante às hibridizações culturais e um reencantamento do mundo para interpretar as coisas e os sujeitos.

ІНФОРМАЦІЙНА ПІДТРИМКА ПРОЕКТІВ ЗЕМЛЕУСТРОЮ ЩОДО ОРГАНІЗАЦІЇ ТЕРИТОРІЙ ЗЕМЕЛЬНИХ ЧАСТОК

One of the main problems of the development of the land market in Ukraine is the unfinished procedure of demarcation of agricultural land. The current legislation has determined the rules for positioning of for land pieces on the locality, has identified and prescribed mechanisms for obtaining a state act on ownership. The analysis of these rules allowed to systematize the input and output data, compile their list, and to determine the executors of the process of determining of location of land pieces. As a result, has obtained a generalized model of the process in the form of a contextual diagram, which defines a single point of view on process, the subject and the goal of modeling in accordance with the requirements of current legislation. The detailed analysis of the process in Ramus Edu. made it possible to develop a functional model of its key stage of the process of developing projects of land management. The use in this process a data, that represents objects defined in a space, the need for their processing and analysis make it possible to justify the use of geographic information systems (GIS). The article offers a method of information support for process of developing of projects of land management, which based on the implement of GIS. The most difficult stage of the method is calculates of the area of land pieces on the locality. This is due to the fact that need to take into account the different quality of land and its intended use, which affects the final cost of the land piece. Possible variants of calculation generalized in a single algorithm, the result of which is the estimation of the area of the land pieces, which indicated in the state act on ownership. Software realization of some of his stages is creating too. Thus, the compilation of available information based on GIS makes it possible to create a comprehensive view of the territory to be demarcated and to make informed decisions when carrying out land parcels on the locality. An example of the realization of some of its stages on the delimitation of lands located in the Pyatikhatk natural and agricultural district of the Dnipropetrovsk region is given. Visualization of the initial data was carried out in the program ArcGIS. An example of the implementation of the proposed method confirmed the possibility to use it in the land management organizations. The introduction of this method will allow to substantiate preliminary decisions regarding the boundaries of land pieces and to shorten the time for field work when the land pieces are transferred to locality

Modern land management as a fundamental tool in providing the rational use and protection of land resources

The dynamics of the development of modern land management in the process of land reforming and the full implementation of land reform of the transformative processes as to restructuring of the land fund of Ukraine, as well as the creation of new land arrangements, which would provide for their development guided by the market principles were reasoned. As the result of the implementation of various activity types for land management in the field of land-reclamation management of the agricultural enterprises’ territory and establishment of an innovative form of ownership, other than a state, private, communal, thus launching a market-oriented land management was indeed necessary to significantly modify the true nature of the modern land management, in particular, to forego the sectoral one and to introduce the sharing principle for territorial reallocation of land: at the national, regional and local levels with further assignment the corresponding documentation on land management to each level. The mentioned land sharing was legally formalized in the provisions of the Law of Ukraine “On Land Management”. The implementation of other activities regarding the denationalization of lands, transformation of the existing structures of land management, establishment of farms, demarcation of land shares, implementation provided the formalization of leasing relationship and other types of procedural and institutional as well as normative-technical nature were implemented based on the schemes and layouts for land management and other documentation, having formed the basis for the implementation of the state land politics. Thus, the modern land management deems to be one of the fundamental tools needed for the implementation of the state regulatory policies as to the use and protection of lands, and, above all, agricultural ones. The role of modern land management in providing the ecologically safe and economically efficient use of land, particularly in the conditions of the development of degradation processes, and to a certain extent regulating social relations with respect to land ownership, use and disposal is considered. Its economic, environmental and social effectiveness is substantiated on a specific example. Key words: land management, land resources, economic, ecological, social efficiency, degradation processes.

Terra, Luta e Trans(formação) no Movimento Indígena de Roraima

Neste artigo busca-se discutir a relação entre as lutas por demarcação de terras indígenas no estado de Roraima, extremo Norte do Brasil, que contou com a participação ativa de indígenas em lugares até então inéditos, e a construção das principais organizações indígenas de Roraima, assim como o recente investimento daqueles povos indígenas (sobretudo os Macuxi e Wapichana) na construção de espaços de educação específica e diferenciada e no ingresso nas universidades. A luta por direitos permanece após a demarcação da Terra Indígena Raposa Serra do Sol, e a educação formal entra na pauta das reivindicações do movimento indígena, assim como é por este utilizada para fortalecer e consolidar sua “agencialidade” e seu poder de mobilização.

Evolving practice in land demarcation

This paper analyzes social choice with respect to the demarcation of land boundaries, distinguishing between physical and legal demarcation. In contrast with the influential “land administration” literature and the World Bank’s policy guidelines, the analysis supports voluntary—instead of mandatory—demarcation as well as non-integrated services for land administration. Consistent with these theoretical arguments, the paper empirically verifies that demarcation conflicts play a lesser role in title-, land- and property-related litigation, which seems to increase in all these areas after physical demarcation is made mandatory. Relying on World Bank data, it also observes that linking and merging cadastres and land registries does not correlate with lower transaction costs.

Designing Indigenous Lands in Amazonia: Securing indigenous rights and wildlife conservation through hunting management

In Amazonia, Indigenous Lands (ILs), created to guarantee both indigenous rights and the conservation of natural resources, are a major legal mechanism to ensure the ancestral and contemporary relationships of indigenous peoples to their territory. Additionally, these areas have been one of the most effective barriers to the large-scale agriculture and cattle ranching frontiers, strongly contributing to the conservation of Amazonia. Although several indigenous peoples have had their lands recognized by the Brazilian and Peruvian national governments, many demarcated lands are not able to ensure indigenous rights; in addition, there are still 951 claims for land demarcation or revision in these countries. In the context of intensive pressure to make the process of IL recognition essentially political, we propose a scientifically supported model based on source-sink hunting dynamics to improve the identification of the minimum size and shape of ILs required to guarantee indigenous rights. We used criteria based on hunting dynamics to test whether the current limits of the total IL of an indigenous people, the Huni Kuin, are able to ensure their constitutional rights and the local conservation of natural resources. We showed that to ensure sustainable hunting, the Huni Kuin ILs should be large enough to encompass each village’s hunting territory of 78.5 km2 surrounded by an undisturbed area of the same size, totaling 157 km2 per village. However, their ILs are currently too small to maintain sustainable hunting if the traditional social organization of several small villages distributed along rivers is maintained, so they fail to achieve the IL goals. We discuss three hypothetical alternatives for either maintaining or reviewing current Huni Kuin ILs; however, these alternatives are unlikely to be applicable for the Huni Kuin because they either are against the current political trends or violate indigenous rights. We thus suggest that future IL delimitation studies should consider current spatial hunting patterns in order to improve the delimitation and territorial management of IL in Amazonia, by identifying the ideal shape and size of hunting territories and applying a source-sink model likely to ensure sustainable hunting activities in the long term.

Evolving Practice in Land Demarcation

This paper analyzes social choice with respect to the demarcation of land boundaries, distinguishing between physical and legal demarcation. In contrast with the influential “land administration” literature and the World Bank’s policy guidelines, the analysis supports voluntary—instead of mandatory—demarcation as well as non-integrated services for land administration. Consistent with these theoretical arguments, the paper empirically verifies that demarcation conflicts play a lesser role in title-, land- and property-related litigation, which seems to increase in all these areas after physical demarcation is made mandatory. Relying on World Bank data, it also observes that linking and merging cadastres and land registries does not correlate with lower transaction costs.

Differential resilience of Amazonian otters along the Rio Negro in the aftermath of the 20th century international fur trade

Commercial hunting for the international trade in animal hides in the 20th century decimated many populations of aquatic wildlife in Amazonia. However, impacts varied significantly between different species and regions, depending upon hunting intensity, accessibility of habitat, and the inherent resilience of various species and their habitats. We investigated the differential responses of two Amazonian Mustelid species, the neotropical otter and giant otter, to commercial hunting pressure along the upper Rio Negro in Brazil, and examined historical factors that influenced spatial and temporal variation in commercial exploitation. We analyzed previously unanalyzed data from historical records of hide shipments to track changes in hide sales and prices for the two species in the late 20th century. We also gathered oral histories from older Baniwa people who had witnessed or participated in commercial otter hunting. These complimentary data sources reveal how intrinsic biological and social characteristics of the two otter species interacted with market forces and regional history. Whereas giant otter populations were driven to local or regional extinction during the late 20th century by commercial hunting, neotropical otters persisted. In recent decades, giant otter populations have returned to some parts of the upper Rio Negro, a development which local people welcome as part of a generalized recovery of the ecosystems in their territory as a result of the banning of animal pelt exports and indigenous land demarcation. This paper expands the scope of the field historical ecology and reflects on the role of local knowledge in biodiversity conservation.

Formalization without certification? Experimental evidence on property rights and investment

We present evidence from the first large-scale randomized-controlled trial of a land formalization program. We examine the link between land demarcation and investment in rural Benin in light of a model of agricultural production under insecure tenure. The demarcation process involved communities in the mapping and attribution of land rights; cornerstones marked parcel boundaries and offered lasting landmarks. The tenure security improvement through demarcation induces a 23 to 43 percent shift toward long-term investment on treated parcels. We explore gender and parcel location as relevant dimensions of heterogeneity. We find that female-managed landholdings in treated villages are more likely to be left fallow—an important soil fertility investment. Women respond to an exogenous tenure security change by shifting investment away from relatively secure, demarcated land and toward less secure land outside the village to guard those parcels.

Applicability of Surveying Professional Practice in Land Use Planning for Community Land Conflict Extrication in Mbeya Rural Area

Land conflict has been noted to be an intervening phenomenon for quite longer as it has caused many misunderstanding, competition and violence between different society group as well as adjacent land owners. Different factors has been noted in different literatures related to land conflict like scarcity of resource (water, land, pasture), policies, politics on land decision matters, land law, irregularities on land allocation procedures etc. This study explains the applicability of surveying professional practice in land use planning for community land conflict extrication in Mbeya rural area. Three districts were randomly selected as a pilot survey area for the study. Land officer, land surveyor and planners were considered as important participants in land related issues as well as participating in land conflict extrication. The study revealed that poor procedure on land planning and demarcation, poor technical survey skills, poor adherence to survey practice as well as poor participation of surveyors from inception and or during base map and or town planning drawing preparation mostly results to poor and or incorrect drawing which would always be used by the planner for land use planning. However the use of inaccurate surveying equipment like a hand held Global positioning system (GPS) which has the accuracy of up to ±3m was noted to facilitate encroachment and hence the land conflict between neibour if not well and early settled. Nevertheless the applicability of the surveying professional practice was considered to resolve the problems. A well trained and experienced surveyor should be engaged during preliminary spatial data capture for base map and or town planning drawing preparation, a work which to-date at large is being done by the planner who in reality lacks the surveying professional practice in either using surveying equipment or data analysis something in turn leads to prolonged land conflict.

Managing customary land conflicts and demarcations using mobile applications tools: a case study of Zambia

Zambia has witnessed domestic and international customary land boundary conflicts due to improper land demarcation mechanism and partial documentation of customary land parcels. In this study we recommend utilisation and integration of Information Communication Technology (ICT) tools such as the Participatory Geographical Information System (PGIS) and the mobile application to be used in the implementation of the customary land management system. This will enable families and community groups to properly demarcate customary land boundaries thereby reducing land conflicts and providing security of tenure for customary land.

Managing customary land conflicts and demarcations using mobile applications tools: a case study of Zambia

Zambia has witnessed domestic and international customary land boundary conflicts due to improper land demarcation mechanism and partial documentation of customary land parcels. In this study we recommend utilisation and integration of Information Communication Technology (ICT) tools such as the Participatory Geographical Information System (PGIS) and the mobile application to be used in the implementation of the customary land management system. This will enable families and community groups to properly demarcate customary land boundaries thereby reducing land conflicts and providing security of tenure for customary land.

O marco temporal para demarcação de terras indígenas, memória e esquecimento

Os povos indígenas têm hoje garantido constitucionalmente o direito originário às terras que tradicionalmente ocupam, referendando o instituto do indigenato. No entanto, o Supremo Tribunal Federal vem restringindo esse direito ao estabelecer o chamado marco temporal para demarcação das terras indígenas e, mais recentemente, o Executivo com a aprovação do Parecer da AGU, que pretende vincular toda a Administração Pública Federal a esse entendimento. Essas ações contrariam as conclusões da Comissão Nacional da Verdade, que apontaram um quadro sistemático de remoções forçadas e expulsões em período que antecedeu a Constituição de 1988 e negligenciam os mecanismos transicionais para o restabelecimento da verdade e o resgate da memória, representando a implementação de verdadeira política de esquecimento por parte do Estado brasileiro.

An Academic Analysis of Demarcation and Ownership of Land in Hinduism

Land ownership is considered as a human right under the Universal Declaration of Human Rights and is recognized as a basic right in the modern world. It remains one of the most controversial issue throughout history, always in need of an appropriate definition suited to a nation’s political, social and economic conditions.While all liberal laws allow for certain reasonable restrictions on an absolute right to property for some public good, the challenge facing every country is where to draw the line against state interference into a person’s right to own and enjoy property. Especially in the modern world countries required more food production and the problem is that, some people have so much land area, and that a significant part of their lands is out of their power to cultivate accurately. Due to this reason much of land area remains barren. And in the other side some farmers who have not enough land, their half-power spend without receiving any fruit. Religion plays a Vitol role in this area, if the followers of that religion follow such rules with honesty. In non-Semitic religions Hinduism is one of the largest religion of the world with a rich culture and religious practices. This research paper will explain religious law about the ownership of land in Hinduism. Keywords: Hinduism, Property, Manu, Mahabhar’at, Landownership

A communities Eden – grazing Exclosure success in Ethiopia

ABSTRACTThe traditional significance of livestock to rural communities in Ethiopia has resulted in intense pressures on available grazing areas, resulting in vegetation loss, reduced infiltration and increased runoff, greater erosion and land degradation. Unfortunately, the uptake of sustainable land management (SLM) practices in communal grazing land is constrained by a lack of land tenure security. Recently the International Fund for Agricultural Development, working with the Government of Ethiopia, has invested in the capacity of local administrations, to improve land demarcation and the issuance of both individual and community land certificates. This is concurrent with the promotion of improved SLM, particularly zero grazing of communal lands, known by communities as Exclosures. This pilot study reports the biophysical changes observed in four different Exclosures in the Amhara region compared to adjacent communal lands. Irrespective of age, it was found that vegetative cover, biodiversity levels and infiltration rates, all increased in Exclosures, enhancing ecosystem services and function. Results suggest that Exclosures are most effective for large sites with effective cut and carry forage systems. It is evident that the issuance of land titles increases the adoption of SLM practices. Further studies are required to assess the economic and social impacts of Exclosures.

Nationalising indigenous peoples, legalising indigenous lands: a (post)colonial critique of the land demarcation process in Brazil by the analysis of the Guarani-Mbyá case

ABSTRACTThe Brazilian 1988 constitution recognises indigenous peoples as ‘first and natural owners of Brazilians land’ and the 231st Article ensures their right to special territories where they could live their culture and traditions without colonising presence. The authentication of these territories, however, requires Public Power promotion, which lies on colonising, juridical accounts and depends on anthropological, scientifically historical research. Our argument here is that the bureaucratisation of the land demarcation process is only possible within a context of epistemological advantage of science, i.e. modernity, which ignores indigenous territory and time conceptions. We will also argue that this bureaucratisation has been contributing to the (neo)colonisation of the territory by retarding the recognition and protection of indigenous rights.