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Impactos da regularização fundiária no espaço urbano; Impacts of the land tenure regularization on the urban space

Spinazzola, Patricia Cezario Silva
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Dissertação de Mestrado Formato: application/pdf
Publicado em 28/04/2008 Português
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Este trabalho tem como objetivo investigar os desdobramentos de processos de regularização fundiária implantados no Brasil. Para isso, foi desenvolvido estudo de caso do Programa de regularização de terras públicas ocupadas por moradias implantado no município de Osasco, na área metropolitana de São Paulo. A evolução da legislação federal, estadual e municipal ocorrida na última década, assim como a interação entre município e Ministério das Cidades, proporcionaram condições necessárias para a implantação do programa estudado, que objetiva a regularização dominial das áreas públicas municipais ocupadas por moradias. Aproximadamente 90% das favelas inseridas no programa são localizadas em terras públicas originalmente demarcadas como áreas livres em projetos de loteamentos privados. O processo de regularização contou com procedimentos jurídicos que culminaram na outorga de títulos de concessão especial para fins de moradia e concessão de direito real de uso, registrados em Cartório de Registro de Imóveis. Não foram desenvolvidos planos de intervenção física nas áreas regularizadas, ainda que as favelas apresentem parâmetros precários de urbanização. Ficando restrito a procedimentos jurídicos...

Os caminhos da regularização fundiária no município de Concórdia do Pará/PA; The paths of land tenure in the city of Concórdia do Pará / PA

Santana, Rosiete Marcos
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Dissertação de Mestrado Formato: application/pdf
Publicado em 09/02/2011 Português
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O estudo das comunidades Jutaí-Mirim, Campo Verde e Nova Esperança localizadas no município de Concórdia do Pará permite a compreensão acerca dos caminhos da regularização fundiária no Pará. O estudo busca elucidar a diversidade de formas de regularização das terras e, se esta serve de modelo ou não para a diversidade de configuração territorial na região. Busca também compreender como a diversidade de relações entre as comunidades e outros grupos externos a elas acaba por intervir no processo de escolha dos proprietários agrícolas sobre a melhor forma de regularizar suas terras. Para a realização do estudo foram de fundamental importância diversos procedimentos, como a pesquisa de campo, desenvolvida com base na Observação do Participante, na História de Vida, entrevistas abertas/livres e semi-estruturadas, e, diversos registros fotográficos como forma de retratar as práticas sócio-territoriais das famílias. Além da pesquisa de campo foi necessário o levantamento bibliográfico e documental em diversas instituições e entidades. As comunidades Nova Esperança, Campo Verde e Jutaí -Mirim estão localizadas no município de Concórdia do Pará, estado do Pará, e desde fins da década de 1990, as famílias destas comunidades vêm vivenciando intensas discussões sobre a melhor forma de conseguir a regularização de suas posses. O resultado de longos anos de debates foi que...

Contracts, Land Tenure and Rural Development in Timor-Leste

Nixon, Rod
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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As in other societies in Southeast Asia and the Pacific, customary social organization features strongly in rural Timor-Leste. As well as providing avenues for conflict resolution, the influence of customary systems extends to land tenure. As the state, development partners, private investors, non-governmental organizations (NGOs), and others seek to promote rural development in Timor-Leste, they will be forced to engage in some way with customary ownership and use claims which prevail in the districts. A further dimension of the subsistence nature of the Timor-Leste economy is the fact that the use of contracts in connection with agribusiness transactions is rare. This presents a further challenge to the objective of increasing private sector investment in the rural economy. Based on field visits, this Justice for the Poor (J4P) briefing note looks at the rural economy of Timor-Leste and considers approaches that could help promote productive and equitable relationships between communities and other rural development partners and contribute to mutually beneficial rural development outcomes.

Land Tenure for Social and Economic Inclusion in Yemen : Issues and Opportunities

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
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The report, Land Tenure for Social and Economic Inclusion in Yemen: Issues and Opportunities was completed in December 2009. The report addresses the problems of land ownership in Yemen and the various social and economic problems associated with the system of land ownership. Property rights under Yemeni Law are expressed both in custom and statute, but both are informed by shari a (Islamic law), which provides the basic property categories for land in Yemen. There are unfortunately no reliable official statistics for the amount of land within these categories, or how much arable land (a small percentage of total land area) falls within each. It is clear however that certain groups suffer from disadvantages in accessing land and land rights. Daughters are disadvantaged by shari a rules which limit their inheritance shares to only half that of a son. Youth, unable to inherit until the demise of their parents and lacking the capital to buy land, lack access to land and other employment opportunities, which endangers social stability. There are occupational castes (artisans) who are discriminated in land holdings and ethnic minorities...

Land registration in Papua New Guinea: competing perspectives (Peter Larmour) Scarcity amidst plenty: the economics of land tenure in Papua New Guinea (Tim Curtin) Customary land tenure systems: resilient, appropriate and productive (Hartmut Holzknecht)

Curtin, Tim; Holzknecht, Hartmut; Larmour, Peter
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Working/Technical Paper Formato: 1395460 bytes; 355 bytes; application/pdf; application/octet-stream
Português
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Like other post-colonial states, Papua New Guinea continues to grapple with issues pertaining to land. In addition to being an important source of group identity, in resource rich Papua New Guinea, land is an important source of economic prosperity. Vigorous debate however, has ensued over the relationship between customary land tenure systems and economic growth, with official land registration being proposed as a more economically viable alternative to local systems of land tenure. This discussion paper, based on a seminar at AusAID, provides an overview of perspectives on land registration, which as demonstrated by violent protests in 1995 and 2000 is a highly contentious issue in Papua New Guinea. Peter Larmour provides a brief theoretical introduction followed by a chronological overview of official thinking about land registration in Papua New Guinea, concluding with a practical consideration of the mechanics of registering land in the country. Tim Curtin and Hartmut Holzknecht then provide competing perspectives on land registration, with Curtin advocating the establishment of individual land ownership in Papua New Guinea in order to accelerate economic growth, a task for which he believes customary land tenure is ill equipped. Conversely...

Land registration in Papua New Guinea: Competing Perspectives

Curtin, Tim; Holzknecht, Hartmut; Larmour, Peter
Fonte: ANU Publicador: ANU
Tipo: Artigo de Revista Científica Formato: 1395460 bytes; application/pdf
Português
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56.88%
Like other post-colonial states, Papua New Guinea continues to grapple with issues pertaining to land. In addition to being an important source of group identity, in resource rich Papua New Guinea, land is an important source of economic prosperity. Vigorous debate however, has ensued over the relationship between customary land tenure systems and economic growth, with official land registration being proposed as a more economically viable alternative to local systems of land tenure. This discussion paper, based on a seminar at AusAID, provides an overview of perspectives on land registration, which as demonstrated by violent protests in 1995 and 2000 is a highly contentious issue in Papua New Guinea.

Peter Larmour provides a brief theoretical introduction followed by a chronological overview of official thinking about land registration in Papua New Guinea, concluding with a practical consideration of the mechanics of registering land in the country. Tim Curtin and Hartmut Holzknecht then provide competing perspectives on land registration, with Curtin advocating the establishment of individual land ownership in Papua New Guinea in order to accelerate economic growth, a task for which he believes customary land tenure is ill equipped. Conversely...

The implications of Land Tenure and Benefit Sharing Approaches on the REDD+ scheme for forest fringe communities in Ghana

Agyei, Kwame
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Thesis (Masters); Master of Philosophy (MPhil)
Português
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66.72%
One essential component of global efforts on climate change mitigation is the incentive-based mechanism that seeks to Reduce Emissions from Deforestation and Forest Degradation and also enhances forest carbon stocks through sustainable forest management in developing countries (the REDD+ scheme). There are other potential co-benefits associated with the REDD+ scheme which include biodiversity conservation, poverty alleviation and enhancement of rural livelihoods. A clear challenge for the REDD+ scheme is that if its implementation should be deemed as successful, the various drivers of deforestation should be addressed whereas the rights of local or forest fringe communities to forest resources should concurrently not be compromised. This research uses Ghana as a case to explore the implications of the introduction of the REDD+ scheme for forest fringe communities. The study employs land tenure and benefit sharing issues as the conceptual framework to answer the research question: ‘How should a national REDD+ scheme for Ghana be designed to maximise benefits to forest fringe communities?’ The study is based on a review of relevant literature including government documents and academic literature as well as interviews with ten key informants from the REDD+ Steering Committee of Ghana...

Customary land tenure & registration in Australia and Papua New Guinea: anthropological perspectives

Weiner, James; Glaskin, Katie
Fonte: Australian National University, E Press; RMAP (Resource Management in Asia-Pacific Program), Crawford School of Public Policy, ANU College of Asia & the Pacific; http://epress.anu.edu.au Publicador: Australian National University, E Press; RMAP (Resource Management in Asia-Pacific Program), Crawford School of Public Policy, ANU College of Asia & the Pacific; http://epress.anu.edu.au
Tipo: Book; Published Version Formato: 326 pages
Português
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Anthropologists 50 years ago would probably have regarded a collaborative presentation of essays on indigenous land tenure in Australia and Papua New Guinea (PNG) as a dubious undertaking, if not a category error. Aboriginal and Melanesian systems were functionally distinct, one adapted to the needs of a hunting and gathering economy, the other to sedentary horticulture. Going back another 50 years, such a conjunction would have been intelligible only if its purpose was to exhibit lower and higher stages in cultural evolution. As the authors of the present volume are not motivated by a desire either to overturn functionalism or advance evolutionism, what brings them together in common cause? An important clue is to be found in the curious fact that the Native Title Act of 1993, passed by the Federal Government on behalf of the indigenous people of Australia, grew directly out of a High Court action by three Torres Strait Islanders whose ancestors probably came from PNG and whose people traditionally lived as subsistence cultivators. In the course of documenting the denigration of Aborigines in colonial legal history, Justice Brennan made it clear he would have no sympathy with any attempt to represent the plaintiffs as belonging to a higher level of native society than any that existed on the mainland (Bartlett 1993: 27). His colleague Justice Toohey acknowledged significant cultural differences between the two peoples but insisted that the principles relevant to a determination of interests in land were the same (ibid: 140). Although the Mabo decision was the first positive determination by the judiciary of the rights of native Australians to land at common law...

Indigenous land and community security: a (radical) planning agenda

Lane, Marcus B.
Fonte: Land Tenure Center, University of Wisconsin-Madison Publicador: Land Tenure Center, University of Wisconsin-Madison
Tipo: Relatório
Publicado em //2001 Português
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66.55%
This paper argues that the capacity of indigenous groups to engage effectively in environmental planning activities, at different levels, is crucial to securing land justice and community security. This argument is made against the backdrop of tensions between indigenous peoples residing in post-settler societies and nation states such as Australia, Canada, and New Zealand over questions of resource sovereignty. The paper argues that effective planning is central to (i) successful acquisition of lands through legal land claim processes, (ii) protecting indigenous interests by engaging the planning activities of the state, and (iii) realization of community goals by establishment of effective community-based planning processes.; http://digital.library.wisc.edu/1793/21955; Marcus B. Lane

Village Political Economy, Land Tenure Insecurity, and the Rural to Urban Migration Decision : Evidence from China

Giles, John; Mu, Ren
Fonte: World Bank Group, Washington, DC Publicador: World Bank Group, Washington, DC
Tipo: Publications & Research; Publications & Research :: Policy Research Working Paper
Português
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66.76%
This paper investigates the impact of land tenure insecurity on the migration decisions of China's rural residents. A simple model first frames the relationship among these variables and the probability that a reallocation of land will occur in the following year. After first demonstrating that a village leader's support for administrative land reallocation carries with it the risk of losing a future election, the paper exploits election-timing and village heterogeneity in lineage group composition and demographic change to identify the effect of land security. In response to an expected land reallocation in the following year, the probability that a rural resident migrates out of the county declines by 2.8 percentage points, which accounts for 17.5 percent of the annual share of village residents, aged 16 to 50, who worked as migrants during the period. This finding underscores the potential importance of secure property rights for facilitating labor market integration and the movement of labor out of agriculture.

Guinea-Bissau : Land Tenure Issues and Policy Study

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Policy Note; Economic & Sector Work
Português
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The present study reports on the Government of the Republic of Guinea-Bissau's efforts to develop a comprehensive strategy for enhancing land rights security and achieving social and economic development objectives. This report is divided into two main parts. The first part summarizes the current state of development of the government s land policy, as well as the legal and traditional framework existing for land tenure security. It further presents the institutional environment and technical conditions regarding the implementation of the land law and general land regulation draft. The second part presents and analyzes the government action plan. Specific recommendations are made concerning the basic structure and main elements of a national land administration and land management program, which could comprise three components: (i) the development of a nationwide cadastral system as the core infrastructure and land administration instrument, (ii) the harmonization and integration of traditional and official right systems and institutions...

Insecurity of Land Tenure, Land Law and Land Registration in Liberia

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Other Agricultural Study; Economic & Sector Work
Português
Relevância na Pesquisa
66.87%
To implement the vision of fostering economic development, social equity, and a transparent and effective government, the Government of Liberia has outlined key transitions that need to be accomplished. These include the development of infrastructure (roads, electricity), schools, job creation and transition from war, civil conflict and social polarization to a well functioning society in which economic opportunities are fostered and distributed equitably. Yet clearly, reform of the land tenure system is also a priority of Government. This is because effective land policy makes an enormous contribution to improve the investment climate of Liberia, ensure maximum use efficiency of land; increase land based revenues and improves equity in the access and use of land, thereby reducing social polarization and violence. Today, security of land tenure in today's Liberia is weak to non-existent. Some of the key problems include the following: a) the legal distinction between public land and tribal lands lacks clarity...

Environmental and Gender Impacts of Land Tenure Regularization in Africa : Pilot evidence from Rwanda

Ali, Daniel Ayalew; Deininger, Klaus; Goldstein, Markus
Fonte: Banco Mundial Publicador: Banco Mundial
Tipo: Publications & Research :: Policy Research Working Paper
Português
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Although increased global demand for land has led to renewed interest in African land tenure, few models to address these issues quickly and at the required scale have been identified or evaluated. The case of Rwanda's nation-wide and relatively low-cost land tenure regularization program is thus of great interest. This paper evaluates the short-term impact (some 2.5 years after completion) of the pilots undertaken to fine-tune the approach using a geographic discontinuity design with spatial fixed effects. Three key findings emerge from the analysis. First, the program improved land access for legally married women (about 76 percent of married couples) and prompted better recordation of inheritance rights without gender bias. Second, the analysis finds a very large impact on investment and maintenance of soil conservation measures. This effect was particularly pronounced for female headed households, suggesting that this group had suffered from high levels of tenure insecurity, which the program managed to reduce. Third...

Analysis of the Impact of Land Tenure Certificates with Both the Names of Wife and Husband in Vietnam

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Women in Development and Gender Study; Economic & Sector Work
Português
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66.77%
The 2003 land law defines that the Land Tenure Certificate (LTCs) carries both the wife's and husband's names. Theoretically, the requirement of both the wife's and husband's names on the LTCs aims at enabling the wife to participate more actively in household economic production for poverty reduction, and to protect the rights of the woman in the event of civil disputes over the land that has been provided with a LTCs. A field-based research was conducted in order to assess whether the joint-title LTCs has had positive impacts on the household in general and on the woman's roles in the household in particular, as intended by the 2003 land law. The report is organized in three sections: (1) introduction; (2) study findings with five contents: access to credit; investment opportunities and outcomes; land use rights security; impacts on women's position in family and in community; and issuance and conversion of LTCs; and (3) proposals to land administration agencies.

Nigeria - An Economic Analysis of Natural Resources Sustainability : Land Tenure and Land Degradation Issues

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Country Environmental Analysis (CEA); Economic & Sector Work
Português
Relevância na Pesquisa
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The scope and urgency of the threats to Nigeria's rural land are no secret. In 2005, a working group dedicated to formulating a national agricultural land policy began the process with a comprehensive articulation of the challenges facing Nigeria's agricultural land. The litany included recognition that: 1) agricultural land use in the country has been unsustainable, resulting in no fewer than eleven types of extensive land degradation and significant degradation of water resources; 2) the country has not classified its land - including its prime agricultural land - according to its use capabilities, and thus has no foundation for allocating land among uses or creating the mechanisms and processes for such allocation; 3) the majority of Nigeria's farmers are smallholders relying on subsistence-level cultivation practices; 4) the country's agricultural labor pool is shrinking, and practices that promote better conservation of natural resources have been too limited; and 5) the rural areas of the country lack of basic and necessary infrastructure...

Addressing Unequal Economic Opportunities : A Case Study of Land Tenure in Ghana; Perspectives economiques inegales : une etude de cas du regime foncier au Ghana

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
Português
Relevância na Pesquisa
66.82%
The author examine this relationship in the context of agriculture in Ghana's Eastern Region. Our work traces the connection from a set of complex and explicitly negotiable property rights over land to agricultural investment and, in turn, to agricultural productivity. Using survey and focus group data, we find that while the land tenure institutions may have some benefits, they result in drastically lower productivity for those not connected to the political hierarchy. This paper discusses the following topics: land transactions and land rights, land tenure is a political process, and a safety net of sorts.

Land Tenure and Gender : Approaches and Challenges for Strengthening Rural Women's Land Rights

Namubiru-Mwaura, Evelyn
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Working Paper
Português
Relevância na Pesquisa
66.95%
Land tenure security is crucial for women's empowerment and a prerequisite for building secure and resilient communities. Tenure is affected by many and often contradictory sets of rules, laws, customs, traditions, and perceptions. For most rural women, land tenure is complicated, with access and ownership often layered with barriers present in their daily realities: discriminatory social dynamics and strata, unresponsive legal systems, lack of economic opportunities, and lack of voice in decision making. Yet most policy reform, land management, and development programs disregard these realities in their interventions, which ultimately increases land tenure insecurity for rural women. This paper seeks to further develop the evidence base for access to and control over land.

Mobility of Common-Pool Resources and Privatization of Land Tenure in the Argentine Semi-Arid Chaco

Altrichter, M; Basurto, X
Fonte: Universidade Duke Publicador: Universidade Duke
Tipo: Artigo de Revista Científica Formato: 154 - 165
Publicado em //2008 Português
Relevância na Pesquisa
66.76%
During the last few decades there has been a strong tendency towards privatisation of land tenure to increase protection and sustainable use of natural resources. We assess this approach in the context of land privatisation in a dry region of the Argentine Chaco where low income peasants depend on multiple common-pool resources (CPRs) to survive and where most recently privatisation of land tenure has also included large absentee landowners. We hypothesise that the results of such policies depend in part on the mobility of the resources in question, and compare the harvesting practices of CPRs of varied mobility before and after the conversion of land to private property to assess the effects of privatisation. We found that privatisation by low income peasants increased control of access to stationary and low mobility CPRs but highly mobile species continued being used as open access and over-exploited. In contrast, the later privatisation of land by large absentee landowners is likely to pose serious threats to the conservation of the ecosystem in general, and to the ability of low income peasants to maintain their livelihoods in this region.

Individual Land Tenure and the Challenges of Sustainable Land Use and Management in a Semi-arid Region of China; Individual Land Tenure and the Challenges of Sustainable Land Use and Management in a Semi-arid Region of China

Zhao, Yongjun; University of Groningen
Fonte: Editora de Livros IABS Publicador: Editora de Livros IABS
Tipo: info:eu-repo/semantics/article; info:eu-repo/semantics/publishedVersion; ; Formato: application/pdf
Publicado em 22/12/2010 Português
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67.02%
China’s farmland tenure, characterised by a household responsibility system (HRS) and collective landownership, has contributed to the continuation of poverty and natural resource deterioration in semiarid regions. Incongruent with local ecological, social and political conditions, the HRS has been linked to rising social and political tensions. Drawing on ethnographic research in Guyuan County, North China, this paper provides peasants’ experiences of and views on the land issue and examines the linkages between land tenure, poverty and the governance of natural resources—grassland, forest land, farmland and water. It shows that an appropriate land tenure system can only be achieved if the fragmentation and individualization of the HRS are reformed through an innovative institutional design. The paper also contributes to a critical understanding of China’s agrarian reform by articulating the need for land tenure diversity serving the overall goal of sustainable land use and management and shaping sound statepeasant relations.; China’s farmland tenure, characterised by a household responsibility system (HRS) and collective landownership, has contributed to the continuation of poverty and natural resource deterioration in semiarid regions. Incongruent with local ecological...

The methodology used to interpret customary land tenure

Pienaar,G
Fonte: PER: Potchefstroomse Elektroniese Regsblad Publicador: PER: Potchefstroomse Elektroniese Regsblad
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/09/2012 Português
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Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure. Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary land disputes among traditional communities, or between traditional and westernised communities in the same jurisdiction. Many examples of such westernised approach can be found in case law of Canada and South Africa. The interpretation of the nature of customary land tenure according to common law or civil law principles has been increasingly rejected by higher courts in South Africa and Canada, e.g. in Alexkor Ltd v The Richtersveld Community 2004 5 SA 469 (CC) and Delgamuukw v British Columbia 1997 3 SCR 1010. This paper explores the methodology the courts should follow to determine what the distinctive nature of customary land tenure is. As customary land tenure is not codified or based on legislation...