Through her work with RRI, she is familiar with the complexities and opportunities of working to support
the land tenure rights and livelihoods of indigenous and other traditional forest communities in Latin America.
Not exact matches
When you are a big shot in Industry or
land tenure and look back at the defining moments that took you there, you will see that talking with confidence to the
right person at the
right moment was key.
The project will use well - tested and nationally adopted participatory
land - use planning and forest management processes which can help resolve
land use issues, clarify
land tenure and resource use
rights, and ensure greater consultation, fairness and consistency in
land allocation and forest regulation and management.
Coverage of areas specially conserved for biodiversity and ecosystem functions should be increased (at least to the Aichi Target 11 of 17 % terrestrial and 10 % marine area), with systems of conservation being democratized and based on integration of
rights and responsibilities; in all kinds of
land / water uses, activities that are ecologically damaging need to be modified or replaced; high priority should also be given to the regeneration and restoration of degraded ecosystems and the revival of populations of threatened species; equitable access (including through territorial and resource
tenure) must be accorded to natural resources, with special focus on populations with high and direct dependence on such resources for their survival and livelihoods.
The responsible entity should disclose how it secures the
rights of access or
tenure to
land, licences and water needed to operate the agribusiness scheme.
Yu Gao, the China director for Landesa, a group working on
land tenure issues, focused on the lack of what he called «social infrastructure» in China — mechanisms to protect the
rights of those on the move in the country's great urban migration.
REDD is a complicated and contentious issue, but this much is clear: any approach to reducing deforestation must be based in human
rights, the
rights of Indigenous Peoples,
land tenure reform, and territorial sovereignty.
Going beyond the difficulties of determining
land ownership and
rights to resources, these include «extremely challenging governance conditions in many tropical forest countries, complex
land - use pressures due to scarce agricultural
land and unclear
land tenure situations, very high profits from alternative
land - uses such as destructive logging or conversion for cash crops,» says Ebeling.
The panel gave insight into the
land tenure regulations and indigenous peoples»
rights in natural resources management in a number of southern countries.
In recognition of the dividends of helping indigenous peoples and local communities in rural areas secure
rights to their traditional lands, in October the Rights and Resources Initiative (RRI) announced the International Land and Forest Tenure Facility, a $ 100 million, fund for scaling up recognition of rights to collective lands and fo
rights to their traditional
lands, in October the
Rights and Resources Initiative (RRI) announced the International Land and Forest Tenure Facility, a $ 100 million, fund for scaling up recognition of rights to collective lands and fo
Rights and Resources Initiative (RRI) announced the International
Land and Forest
Tenure Facility, a $ 100 million, fund for scaling up recognition of
rights to collective lands and fo
rights to collective
lands and forests.
Caleb Stevens of World Resources Insitute said that there's debate among
land tenure experts over whether or not perpetual
land rights are necessary to get the desired results of protected forests.
Some data sets displayed on Global Forest Watch include
land and resource
rights governed by customary
tenure systems but that are not recognized by national laws.
At an event on October 7, WRI will launch a new report, Climate Benefits,
Tenure Costs: The Economic Case for Securing Indigenous Land Rights, which finds for the first time that relatively modest investments in secure land tenure for Indigenous Peoples can generate billions of dollars in returns — economically and environmen
Tenure Costs: The Economic Case for Securing Indigenous
Land Rights, which finds for the first time that relatively modest investments in secure land tenure for Indigenous Peoples can generate billions of dollars in returns — economically and environmenta
Land Rights, which finds for the first time that relatively modest investments in secure
land tenure for Indigenous Peoples can generate billions of dollars in returns — economically and environmenta
land tenure for Indigenous Peoples can generate billions of dollars in returns — economically and environmen
tenure for Indigenous Peoples can generate billions of dollars in returns — economically and environmentally.
Haida Nation has claimed aboriginal
rights and title over Haida Gwaii, and its claim includes «the
land, inland waters, seabed, archipelagic waters, air space, and everything contained thereon and therein,» thus including private
lands and Crown grants of
tenures, permits, and leases.
Indeed, John Locke first extolled the benefits of such separation, yet in A Letter Concerning Toleration in 1689 said: «Nobody is born a member of any church; otherwise the religion of parents would descend unto children by the same
right of inheritance as their temporal estates, and everyone would hold his faith by the same
tenure he does his
lands, than which nothing can be imagined more absurd.»
Recent advisory work includes advising on the strength of a claim to a
right of way by prescription of residential
land; advising on the scope of a restrictive covenant contained in a transfer of freehold
land; advising a prospective vendor on an aborted conveyance of
land; advising on security of
tenure under the Rent Act 1977; advising in respect of a nuisance claim concerning an interference with a
right of way; advising a commercial landlord in respect of a tenant's breach of user covenant; and advising in a claim for rectification of the title to the property in respect of a void transfer.
To better understand the situation and problems with Ghana
Land Tenure, Ghana Real Estate Registration, Property
Rights and Ghana Property
Rights Resource Governance we found this PDF article by USAID that better explains the situation in Ghana.
Aboriginal freehold, national parks etc), where native title
rights and interests have been determined, the capacity for engagement in carbon markets, and identifies
lands where
tenure resolution is required.
The effect of the finding that the non-extinguishment principle has no operation in the common law is that many
tenures, in addition to those specified in the NTA, extinguish native title
rights and interests permanently, and that this extinguishment has a cumulative effect as new
tenures are created over the same
land.
The NIC discusses the potential consequences and possible benefits of adjustments to the forms of
land tenure held under the various existing Land Rights legislation and Native Title legislat
land tenure held under the various existing
Land Rights legislation and Native Title legislat
Land Rights legislation and Native Title legislation.
This basis for
land rights legislation recognises that Indigenous societies in Australia are governed by their own systems of law, including customary
land tenure systems, and strives to create space for these within the Australian legal system.
Public discussion began in late 20045 when the CEO of New South Wales Native Title Services and member of the government - appointed Indigenous advisory body, the National Indigenous Council (NIC), 6 Mr Warren Mundine, issued a press release calling for changes to the
tenure of Indigenous
land to facilitate increased home ownership and business development.7 In February 2005, the federal Minister for Immigration and Multicultural and Indigenous Affairs indicated that the Australian Government would contemplate changes to tenure in reforming the federal land rights legislation operating in the Northern Territory, the Aboriginal Land Rights (Northern Territory) Act 1976 (Ct
land to facilitate increased home ownership and business development.7 In February 2005, the federal Minister for Immigration and Multicultural and Indigenous Affairs indicated that the Australian Government would contemplate changes to
tenure in reforming the federal
land rights legislation operating in the Northern Territory, the Aboriginal Land Rights (Northern Territory) Act 1976 (Ct
land rights legislation operating in the Northern Territory, the Aboriginal Land Rights (Northern Territory) Act 1976 (
rights legislation operating in the Northern Territory, the Aboriginal
Land Rights (Northern Territory) Act 1976 (Ct
Land Rights (Northern Territory) Act 1976 (
Rights (Northern Territory) Act 1976 (Cth) 8
While the Carbon Pollution Reduction Scheme proposes that individuals and companies will be able to acquire reduction permits, many Indigenous
rights and interests (including on the Indigenous estate) are still limited by
land tenure such as native title and national parks.
The approach of providing for differing procedural
rights according to what non-Indigenous
tenures exist (ed) over claimed
lands appears to be based on the assumption that a past grant had a particular effect of extinguishing native title.
Significantly, the session also included the presentation of a draft guide on the principles in the Declaration on the
Rights of Indigenous Peoples, the International Labour Organisation Convention No 169 [188] and the International Labour Convention No 107 [189] that relate to indigenous
land tenure and management arrangements.
If the aim of
tenure reform is to provide clarity of ownership and improved opportunities for development, this can be achieved by quickening processes for the return of
land to Indigenous people and supporting them to pursue their
right to development.
In 2006, the former Minister for Indigenous Affairs, Mal Brough, stated that reforms to Aboriginal
land tenure in the Northern Territory to introduce township leasing would «allow Aboriginal Australians in parts of the Northern Territory who have been denied
rights for many years to be able to own their own home».
Yet it is clear that in such cases the statutes by which new interests in
land were created had the same discriminatory impact on native titleholders as those
tenures created after 1975; either to extinguish or impair only native title
rights or, where other interests were affected, to fail to confer a
right to compensation on native title holders only.
In 2006 the Australian Government amended the Aboriginal
Land Rights (Northern Territory) Act 1976 to make 99 year lease tenures possible over Indigenous townships on communal l
Land Rights (Northern Territory) Act 1976 to make 99 year lease
tenures possible over Indigenous townships on communal
landland.
Article 27 States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples» laws, traditions, customs and
land tenure systems, to recognize and adjudicate the
rights of indigenous peoples pertaining to their
lands, territories and resources, including those which were traditionally owned or otherwise occupied or used.
The recognition of native title in 1992 as a pre-existing
right means that, with every native title case, the court is required to insert into the history of
land tenures affecting the claim area from sovereignty to the date of the claim a new element; native title.
In making this recommendation I recognise that native title is a co-existing
right so it may be necessary to support
tenure holder's engagement and negotiation with native title claimants / holders over the use of
land.
The preservation of traditional
lands in ultimately inalienable form for the use and enjoyment of future generations is still an important principle of Indigenous
land tenure, as recognised by the first and second NIC Principles.136 There has been a strong policy focus over more than thirty years on Indigenous people gaining traditional
land, having the
right to manage it in accordance with Indigenous tradition, and being able to make decisions about
land use in accordance with traditional decision - making processes.
States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples» laws, traditions, customs and
land tenure systems, to recognize and adjudicate the
rights of indigenous peoples pertaining to their
lands, territories and resources, including those which were traditionally owned or otherwise occupied or used.
This database should include native title
rights and interests and other forms of Indigenous
tenure, and
lands where
tenure resolution is required.
Applying the expedited procedure to all exploration and prospecting
tenures also potentially breaches the human
rights principle that Indigenous people should have effective participation in decisions regarding their
lands and territories.
And it is important that the entire debate about
land tenure must not overshadow governments responsibilities and obligations to address basic services, infrastructure and citizenship
rights for Indigenous peoples living in remote communities on Indigenous
land.
I stated to the Taskforce (in response to its Discussion Paper), and consider it useful to repeat to the Western Australian Government, this initiative is an opportunity to establish an equitable basis for the recognition of native title
rights within the framework of
land tenure and management in Western Australia.
In order for these options to be available to Indigenous peoples,
land rights regimes and
tenure resolution will also need to be addressed, and therefore linked to native title and broader Indigenous policies including the IEDS.
For those native title holders with limited
rights to
land, economic development may not be an option afforded by
tenure rights.
Governments have failed to apply the
right to negotiate for grants of mining
tenures over
lands where the law is undetermined with regard to whether native title is extinguished.
Native Title Report 2009 Community Guide: Social Justice and Native Title Reports Contents The report overview: The challenges ahead Chapter 1: The state of
land rights and native title policy in Australia in 2009 Chapter 2: Changing the culture of native title Chapter 3: Towards a just and equitable native title system Chapter 4: Indigenous
land tenure reform Appendix 1: Native title determinations Appendix 2: Native title statistics Appendix...
In addition to presenting arguments about
land tenure, the Native Title Report 2005 outlines human rights concerns with the Indigenous Land Tenure Principles, Principle 4 proposes that in order to facilitate the process of granting individual lea
land tenure, the Native Title Report 2005 outlines human rights concerns with the Indigenous Land Tenure Principles, Principle 4 proposes that in order to facilitate the process of granting individual l
tenure, the Native Title Report 2005 outlines human
rights concerns with the Indigenous
Land Tenure Principles, Principle 4 proposes that in order to facilitate the process of granting individual lea
Land Tenure Principles, Principle 4 proposes that in order to facilitate the process of granting individual l
Tenure Principles, Principle 4 proposes that in order to facilitate the process of granting individual leases:
I call upon governments to work with us to close the gap in a way that respects, protects and fulfils our fundamental human
rights, and to follow the principles outlined above when considering
land tenure reform.
Tenure reform aims to secure the
land rights of those whose
rights are insecure as a result of past discrimination.»