community lands

Tiny, remote Namibian clan claims world renowed Etosha National Park as ancestral land

Perhaps they didn’t realise it, but when eight members of Namibia’s Hai||om people went to court for what they claimed was their traditional land, they raised a number of other burning socio-political issues as well. The Hai||om live in a remote northern area of Namibia, overlapping the pristine Etosha National Park, environmentally sensitive and a major world tourist attraction for the country. Could the eight litigants claim the entire park as ancestral land, acting in a representative capacity for all the Hai||om people?

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The eight applicants wanted the court to agree that they could represent the minority Hai||om people. That established, they wanted to claim the entire world-famous Etosha National Park – all 23,150 sq kms of it – together with other significant tracts of land. They said this was their ancestral land, and they were being prevented from using it. Failing return of the land, they wanted compensation in land or money.

Collective Land Ownership in the 21st Century: Overview of Global Trends

Statutory recognition of rural communities as collective owners of their lands is substantial, expanding, and an increasingly accepted element of property relations. The conventional meaning of property in land itself is changing, allowing for a greater diversity of attributes without impairing legal protection.

Land 20187(2), 68; doi:10.3390/land7020068

by Liz Alden Wily

Van Vollenhoven Institute, Leiden Law School, P.O. Box 9520, 2300 RA Leiden, The Netherlands

Received: 30 April 2018 / Accepted: 21 May 2018 / Published: 29 May 2018

The Community Land Act in Kenya Opportunities and Challenges for Communities

Kenya is the most recent African state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered.

Image: Copyright Deborah Espinosa

Land 20187(1), 12; doi:10.3390/land7010012

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