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Indigenous and Tribal People's Rights Over Their Ancestral Lands
INTER‐AMERICAN COMMISSION ON HUMAN RIGHTS OEA/Ser.L/V/II. Doc. 56/09 30 December 2009 Original: Spanish INDIGENOUS AND TRIBAL PEOPLES’ RIGHTS OVER THEIR ANCESTRAL LANDS AND NATURAL RESOURCES Norms and Jurisprudence of the Inter‐American Human Rights System 2010 Internet: http://www.cidh.org E‐mail: [email protected] OAS Cataloging‐in‐Publication Data Derechos de los pueblos indígenas y tribales sobre sus tierras ancestrales y recursos naturales: Normas y jurisprudencia del sistema interamericano de derechos humanos = Indigenous and tribal people’s rights over their ancestral lands and natural resources: Norms and jurisprudence of the Inter‐American human rights system / [Inter‐American Commission on Human Rights.] p. ; cm. (OEA documentos oficiales ; OEA/Ser.L)(OAS official records ; OEA/Ser.L) ISBN 978‐0‐8270‐5580‐3 1. Human rights‐‐America. 2. Indigenous peoples‐‐Civil rights‐‐America. 3. Indigenous peoples‐‐Land tenure‐‐America. 4. Indigenous peoples‐‐Legal status, laws, etc.‐‐America. 5. Natural resources‐‐Law and legislation‐‐America. I. Inter‐American Commission on Human Rights. II Series. III. Series. OAS official records ; OEA/Ser.L. OEA/Ser.L/V/II. Doc.56/09 Document published thanks to the financial support of Denmark and Spain Positions herein expressed are those of the Inter‐American Commission on Human Rights and do not reflect the views of Denmark or Spain Approved by the Inter‐American Commission on Human Rights on December 30, 2009 INTER‐AMERICAN COMMISSION ON HUMAN RIGHTS MEMBERS Luz Patricia Mejía Guerrero Víctor E. Abramovich Felipe González Sir Clare Kamau Roberts Paulo Sérgio Pinheiro Florentín Meléndez Paolo G. Carozza ****** Executive Secretary: Santiago A. -
Communal Land and Agricultural Productivity ✩
Communal Land and Agricultural Productivity ✩ Charles Gottlieb2,3,4, Jan Grobovˇsek1 September 26, 2016 Abstract Communal land tenure is a typical feature of many developing countries. Such tenure regimes implement a “use it or lose it” principle by imposing restrictions to land trans- ferability that are enforced via the threat of expropriation. This paper measures the distortionary impact of communal land in a dynamic general equilibrium model of oc- cupational selection, calibrated to Ethiopia. We find that lifting restrictions on land transferability lowers agricultural employment by 19% and increases GDP by 7%. It also results in a large reduction in the ratio between non-agricultural and agricultural productivity, by 40% in real and 44% in nominal terms. Limited land transferability rationalizes a substantial fraction of the large agricultural productivity gap in poor economies. The associated loss in aggregate productivity, though, is comparatively minor. Keywords: Agricultural productivity, Growth and development, Misallocation, Land, Africa, Ethiopia. JEL: O10, O13, O40, O55, Q15. ✩ First version: September 2014. This paper has benefited from helpful suggestions by Tasso Adamopoulos, Tekie Alemu, Douglas Gollin, Madina Guloba, Roland Hodler, Philipp Kircher, Winfried Koeniger, Francis Mwesigye and Alemayehu Taffesse, as well as seminar participants at the Atlanta Fed, Cambridge, Western Ontario, York, McMaster, McGill, the North American Econometric Society Meeting (Minneapolis), CEPR Macroeconomic and Growth Meeting, EDRI (Addis Ababa), EPRC (Kampala), DEGIT XXI Conference, and World Bank Land and Poverty Conference 2015. The finan- cial support from DFID/ESRC (ES/L012499/1) is gratefully acknowledged. Email addresses: [email protected] (Charles Gottlieb), [email protected] (Jan Grobovˇsek) 1University of Edinburgh, School of Economics 2University of St. -
Creating Anticommons: Historical Land Privatization and Modern
Creating Anticommons: Historical Land Privatization and Modern Natural Resource Use1 Bryan Leonard Arizona State University [email protected] Dominic Parker University of Wisconsin, Madison [email protected] May 31, 2017 Abstract: We explain how privatizing the commons to promote use of one land-based resource (agriculture) discourages use of another (shale oil). We test for this ‘anticommons’ problem using a natural experiment on the Bakken, one of the world's largest shale reserves. Before oil discovery, U.S. land policies inadvertently created a mosaic of private and tribal subsurface ownership on the Fort Berthold Indian Reservation. We compare horizontal drilling across parcels during the 2005-2015 fracking boom and find that fragmented ownership significantly reduced royalty income, relative to contiguous tribal ownership. This evidence highlights a cost of subdividing land containing spatially expansive natural resources. Key words: anticommons, oil, indigenous policy, transaction costs, resource booms, privatization JEL Codes: O13, Q32, Q33, D23, H82, K11 1 For helpful comments, we thank Alex Rothenberg, Jane Friesen, Dean Lueck, Donna Feir, Gary Libecap, Terry Anderson, Shawn Regan, Tim Fitzgerald, Dan Benjamin, Ronald Trosper, and seminar participants at Simon Fraser U., Stanford U. (Hoover Economic Policy Talk), U. of Illinois, U. of Hawaii, UC-Riverside, and the Property and Environment Research Center. We also thank attendees of conference sessions hosted by SOIE, UC Santa Barbara, WEAI, AERE, and the Midwest International Development Conference. We are grateful to Matt Kelly, an attorney of Tarlow and Stonecipher PLLC for helpful discussions about oil and gas leasing on the Bakken. I. Introduction Much of the world’s indigenous populations live on communally owned land and this ownership structure has likely hindered development. -
South Africa's Bioprospecting, Access and Benefit-Sharing Legislation
Science Policy South African Journal of Science 104, September/October 2008 355 Historically, a lack of bioprospecting South Africa’s bioprospecting, legislation and associated regulations has permitted almost unconstrained access to access and benefit-sharing South African bioresources, with materials being harvested, sometimes in destruc- legislation: current realities, future tively excessive quantities, and being exported to research and development complications, and a proposed nodes abroad, for innovative value addi- tion, and off-shore financial benefit. The alternative consequence has been that the country as a whole, including traditional knowledge (TK)-holding communities and bio- a,c Neil R. Croucha,b*, Errol Douwes , resource providers, have not benefited Maureen M. Wolfsond, Gideon F. Smithd,e and equitably from the commercial and other gains derived from local bioresource c Trevor J. Edwards commercialization. Records, fifteen years ago, reveal that the Dutch flower industry lobally, many nations are legislating the world, being the smallest but most earned almost R300 million annually access for bioprospecting purposes to diverse floristic kingdom known. With from the sale of freesias alone.7 The genus Gtheir biological and genetic resources. over 19 500 indigenous plant species in Freesia is near-endemic to South Africa. South Africa, as a megadiverse country, has about 350 plant families, South Africa Similarly, large areas are under cultivation, recently regulated bioprospecting, access and benefit-sharing activities in accordance indeed has the richest temperate flora in with Gladiolus, Zantedeschia and Nerine 8 with its obligations as a ratifying party to the world. In addition, three global plants in Holland and New Zealand. the Convention on Biological Diversity. -
Cousins-Propert ... an Reform in the 1990S.Pdf
CENTRE FOR APPLIES SOCIAL SCIENCES (CASS Occasional Paper - NRM Series ; 1993) IN ZIMBABWE'S COMMUNAL LANDS: Implications for Agrarian Reform in the l990'S By Bern Cousins Reprinted July 1993 Paper presented at a conference on Land Policy In Zimbabwe After "Lancaster" University of Zimbabwe, February 13-15 1990. ABSTRACT An understanding of the social relations of production and exchange in the communal farming sector is critical to assessments of options for agrarian reform. Recent survey research has indicated that this sector is deeply differentiated, but few in-depth analyses exist of the political economy of rural production or of processes of differentiation. Differentiation is here viewed from the perspective of a reproduction/ accumulation problematic, and access to land is identified as a critical constraint on a small layer of would-be rural accumulators. Access is constrained by the current version of "communal tenure", understood as a structure of property relations overdetermined by local and non- local political processes. The "new institutionalist economics" view of property regimes as bundles of rights and duties, together with the results of recent historical research on land tenure in Zimbabwe, helps us understand "communal tenure" as historically variable rules of access and control subject to power plays by interested groups of actors. Marxist and neo-Marxist theories of property in non-capitalist and capitalist societies help us to situate these power plays in the context of the political economy of capitalist development in Zimbabwe. This perspective is illustrated using case study material from Mondoro Communal Land. Agrarian reform policy needs to recognize the two- edged nature of "communal tenure". -
OECD Territorial Reviews Mexico City
OECD Territorial Reviews « Mexico City Mexico City’s spectacular growth into one of the world’s largest metropolitan OECD regions is giving way to new development dynamics. The OECD Territorial Review of Mexico City highlights the rregion’segion’s grgreateat potential for further grgrowth,owth, which is linked to the concentration of headquarters, educational establishments Territorial Reviews and research facilities, as well as high levels of FDI and rich cultural resources. However, it also reveals that this growth is constrained by low levels of human capital, inadequate infrastructure and widespread, acute poverty. The current Mexico City governance framework, characterised by modest co-operation, also remains a sticking point for the region’s development. The review recognises that these issues are metropolitan in scale and need to be handled with a more inclusive strategy. To enhance metropolitan competitiveness internationally, action is needed in the fields of business development, skills development and urban regeneration. As regards governance, a strong political commitment should be built around a new metropolitan vision. OECD Territorial Reviews OECD Territorial The OECD Territorial Review of Mexico City is integrated into a series of thematic reviews undertaken by the OECD Territorial Development Policy Committee. The overall aim of these reviews is to provide practical policy advice to governments focusing on multi-level governance and regional competitiveness. Mexico City OECD's books, periodicals and statistical databases -
Customary and Legislative Aspects of Land Registration and Management on Communal Land in Namibia
Communal land in Namibia: a free for all Customary and legislative aspects of land registration and management on communal land in Namibia John Mendelsohn (RAISON – Research & Information Services of Namibia) December 2008 Report prepared for the Ministry of Land & Resettlement and the Rural Poverty Reduction Programme of the European Union Contents Summary_________________________________________________________3 Abbreviations and definitions_________________________________________5 Acknowledgements_________________________________________________5 Introduction_______________________________________________________6 Methods__________________________________________________________7 Functioning and structure of traditional authorities ________________________9 Recommendations___________________________________________14 Customary land registration _________________________________________14 Misunderstandings, confusions and objections_____________________15 Focus on higher levels of traditional authority ____________________17 Other aspects_______________________________________________18 Recommendations___________________________________________19 The management of communal land___________________________________22 Access to land ______________________________________________22 Inheritance_________________________________________________23 Commonages_______________________________________________25 The capture of land values by the elite ___________________________26 Recommendations___________________________________________29 APPENDICES -
Common Property”
Ensuring the Sustainable Use of Commons: Conserving and Building “Common Property” John Bruce President, LADSI Inc. February 25, 2009 Introduction In planning for sustainability, a first step is to understand the logic of existing land use systems. They did not drop from the sky, but evolved through community decisions in response to needs and problems. The use of such resources is often governed by customary land tenure. Often these tenure systems are characterized as “communal”. In fact they consist of multiple tenures for the multiple uses of land. Some land is owned by lineages and inherited by individuals, or assigned to families, but other are for the shared use of members of the community, such as pastures and forests. These “commons” are often subject to degradation through overuse, due in part of inadequate land tenure and property right arrangements. The analytical and practical tools exist for governments to sustain or create “common property” systems that promote sustainable use of such shared-use land resources. Land Use/Land Tenure Niches z Existing land use systems as the product of community experience z Local institutions are a key resource in achieving sustainability z There is a need to – drill down into land use systems of local communities, – identify land use “niches”: areas of land suited for particular uses, and – understand the norms and institutions involved with each niche z Because land tenure rules are framed for particular land uses, land use niches are also commonly land tenure niches, and those tenure rules help determine sustainability of land use Communal Land: Drilling Down z The stereotype: community land tenure as communal z In fact, community landscapes contain numerous tenure niches, some of which give community members rights to share the use of the resource z A tenure system may be “communal” in the sense of “community-based” (land is under community authority) z A tenure niche may be “communal” in the sense that its use is shared by community members. -
Country Report on the State of Plant Genetic Resources for Food and Agriculture
COUNTRY REPORT ON THE STATE OF PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE UGANDA UGANDA Second Country Report on the State of PGRFA Prepared by: Plant Genetic Resources Centre National Agricultural Research Organization (NARO) Complied by: Plant Genetic Resources Centre – NARO Entebbe Botanic Gardens’ P.O Box 40, Entebbe Email: [email protected] Tel: +256 414 320638 2 August 2008 Note by FAO This Country Report has been prepared by the national authorities in the context of the preparatory process for the Second Report on the State of World’s Plant Genetic Resources for Food and Agriculture. The Report is being made available by the Food and Agriculture Organization of the United Nations (FAO) as requested by the Commission on Genetic Resources for Food and Agriculture. However, the report is solely the responsibility of the national authorities. The information in this report has not been verified by FAO, and the opinions expressed do not necessarily represent the views or policy of FAO. The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of FAO concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by FAO in preference to others of a similar nature that are not mentioned. The views expressed in this information product are those of the author(s) and do not necessarily reflect the views of FAO. -
Property Taxation Within the Southern African Development Community (SADC): Current Status and Future Prospects of Land Value Taxation
Property Taxation within the Southern African Development Community (SADC): Current Status and Future Prospects of Land Value Taxation Botswana, Lesotho, Namibia, South Africa and Swaziland Riël C.D. Franzsen © 2003 Lincoln Institute of Land Policy Working Paper The findings and conclusions of this paper are not subject to detailed review and do not necessarily reflect the official views and policies of the Lincoln Institute of Land Policy. Please do not photocopy without permission of the authors. Contact the authors directly with all questions or requests for permission. Lincoln Institute Product Code: WP03RF1 Abstract This study provides a brief overview of the property tax systems in five of the member states of the Southern African Development Community (SADC), namely Botswana, Lesotho, Namibia, South Africa and Swaziland. For a variety of reasons property tax is not utilised optimally in any one of the five countries. However, it is generally recognised in all five countries that property tax could and should become a more important own source of revenue for municipalities. Although comprehensive property-tax legislation is in place in all five countries, giving practical effect to the provisions of the law presents problems. A variety of different tax bases are used and typically the property tax coverage in these countries (with South Africa and - to some extent - Namibia the exceptions) are low (Botswana and Swaziland) to very low (Lesotho). The lack of properly qualified and skilled valuers presents itself as a serious stumbling block in improving and maintaining the quality and credibility of valuation rolls. Collection and enforcement are also generally poor and the relationship between councils and taxpayers strained. -
Land Use and the Study of Early American History
Book Reviews Land Use and the Study of Early American History Changes in the Land: Indians, Colonists, and the Ecology of New Eng- land. By William Cronon. New York: Hill and Wang, 1983. Pp. x, 241. Cloth $15.95; paper $6.95. Labor in a New Land: Economy and Society in Seventeenth-Century Springfield. By Stephen Innes. Princeton: Princeton University Press, 1983. Pp. xxi, 465. Cloth $35.00. Pp. xxi, 197. Paper $7.95 (excludes tables). Eric T. Freyfoglet Good history books do more than relate history. A good history book provokes the reader to think about the present, to consider the relevance of past experiences to the issues of current society. A good history volume should be, not an enclosed package of facts and interpretations, but a point of departure for the reader's thbughts. When a history book success- fully fulfills this provocative function, it deserves the attention of readers whose interests lie more with the present than with the past. William Cronon's Changes in the Land' and Stephen Innes' Labor in a New Land,2 two recent works on colonial New England society, are good history books by this definition. Both are thoughtful, well-digested t Assistant Professor of Law, University of Illinois. B.A., Lehigh University, 1973; J.D., Univer- sity of Michigan, 1976. For valuable comments on earlier drafts I would like to thank my colleagues Michael Hoeflich, Andrew Merritt, Deborah Merritt, and Thomas Ulen, and also James Springer, anthropologist and member of the Class of 1986 at the University of Illinois College of Law. -
Access to and Control Over Plant Genetic Resources for Food and Agriculture in South and Southern Africa: How Many Wrongs Before a Right?
Minnesota Journal of Law, Science & Technology Volume 7 Issue 2 Article 6 2006 Access to and Control over Plant Genetic Resources for Food and Agriculture in South and Southern Africa: How Many Wrongs Before a Right? Debbie Collier Follow this and additional works at: https://scholarship.law.umn.edu/mjlst Recommended Citation Debbie Collier, Access to and Control over Plant Genetic Resources for Food and Agriculture in South and Southern Africa: How Many Wrongs Before a Right?, 7 MINN. J.L. SCI. & TECH. 529 (2006). Available at: https://scholarship.law.umn.edu/mjlst/vol7/iss2/6 The Minnesota Journal of Law, Science & Technology is published by the University of Minnesota Libraries Publishing. COLLIER FINAL 6/7/2006 6:29:21 PM Access to and Control over Plant Genetic Resources for Food and Agriculture in South and Southern Africa: How Many Wrongs Before a Right? Debbie Collier* “[I]f agriculture is in trouble, Africa is in trouble.”1 INTRODUCTION Agriculture is pivotal in the lives of many Africans. In southern Africa, approximately eighty percent of the population is engaged in subsistence farming.2 Yet the agricultural output in many African countries is inadequate to meet local needs.3 Food security in the region is negatively affected by a number of past and present, and internal and external, factors that include weather conditions, the colonial footprint, internal conflict, international trade obligations, market reform, and the impact of HIV/AIDS on community structure and livelihood. Many countries in the region are ultimately forced to rely upon © 2006 Debbie Collier. * Lecturer in the Law Faculty, University of Cape Town, South Africa.