By Roy Prosterman, Robert Mitchell, Tim Hanstad
Many of the world's predicted 1.4 billion poorest everyone is nonetheless rural. but the bulk lack possession (or any safe rights) to the land that's their imperative resource of livelihood. even if land legislations and comparable reforms have remodeled the lives of thousands of households by way of supplying safe land rights, now not all such efforts have succeeded. through the years, the traditional knowledge bearing on legislations and land tenure reform-what is required, what's attainable, and the way such reform contributes to pro-poor development-has replaced, occasionally in outstanding methods. legal professionals on the Rural improvement Institute and the college of Washington college of legislations in Seattle have spent greater than 4 many years advising on, aiding formulate and assessing the result of land tenure reform efforts worldwide. the current quantity distills key classes from that paintings and parallel paintings through others.
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Extra info for One Billion Rising: Law, Land and the Alleviation of Global Poverty
Some of the factors that can redress what appears to be an adverse balance are discussed immediately above, such as legal aid, public education, and the mobilization of civil society actors. Design variables can also be crucial: a program that would contemplate mandatory taking of landlords’ land for far less than market value will encounter a gauntlet of fierce resistance from the landowners and their allies; a program based upon land being voluntarily sold at market prices (perhaps because the program needs only enough land to distribute micro-plots) will encounter virtually no such resistance.
Binswanger, K. Deininger & POVERTY, LAW AND LAND TENURE REFORM G. Feder, Agricultural Land Relations in the Developing World, 75(5) AMERICAN JOURNAL 1242-1248 (1993); Demsetz, supra note 13, at 347-359; R. Ellickson, Property in Land 102(6) YALE LAW JOURNAL 1315 (1993). In this model, a hunter-gatherer society will be associated with open access to common property resources. The concept of territory develops with the emergence of a communal group identity. Communal control over land is strengthened as agricultural cultivation expands.
While legislative reform has an important role to play in creating “space” for progressive change, it is clearly not sufficient. Cultural action, advocacy and education including legal literacy play crucial roles. Chapters 5 and 8 address this important topic in more detail. Land rights of indigenous peoples Indigenous peoples are another marginalized group that require special attention in efforts to strengthen tenure security. Those efforts have the potential both to harm and to benefit indigenous peoples.