Events

Colloquium on the Public Purpose / Public Interest Requirement for Expropriation Law

The Groningen Centre for Law and Governance, in co-operation with the University of Cape Town, will be hosting a colloquium on the Public Purpose/Interest requirement for Expropriation Law in Groningen, The Netherlands, from Thursday 26th until Saturday 28th September, 2013. The venue will be Het Kasteel (Melkweg 1, 9718 EP Groningen).

The aim of the colloquium is to facilitate a global discussion amongst a group of legal scholars as to shared issues in Expropriation Law pertaining to the Public Purpose/Interest requirement, and to identify ways in which these problems can be addressed, in the broader interest of promoting standards of good governance where legal development takes place.

The proceedings will be open to all interested parties. For more information and to register for the colloquium, please go to www.rug.nl/gcl/expropriation and fill in the registration form. The programme will be available from the end of June.

Registration is open until September 8th, 2013.

 

Land Portal online debates on land rights issues

December 10th will be the Human Rights Day. Ekta Parishad will be celebrating the day among a prominent community of landless dalits in central Maharastra as part of its yearlong cross-India Samwad Yatra tour to mobilize people for the Global Jan Satyagraha March 2012.

They would like to take this opportunity to start an online debate with the Land Portal community. The result of this discussion will be used by South-South Solidarity to compile a report and share it on the December 10th human right event as a way of advocating people for the 2012 Global Land Movement campaign (www.southsoutsolidarity/globalmovement.org).

Anyone can participate in the debate. Please log in on the Land Portal and post your comment here http://landportal.info/content/are-land-rights-human-rights-online-debate-human-rights-day-10th-december-2011.

For further information, please see below contacts:

Laura Meggiolaro | Land Portal Coordinator,

International Land Coalition Secretariat at IFAD | Via Paolo di Dono, 44 | Rome 00142

+39 06 5459 2736 (T) | +39 3371246461 (M) | laura_meggiolaro (skype)

http://www.landportal.info/

http://www.landcoalition.org/

 

• Seminar ‘Pastoralist seasonal land rights in land administration’

Date:  Thursday 28 April 2011

Venue: ITC Enschede (room to be announced)

11.15 – 11.45   Large scale land acquisitions, the change of property rights and possible effects on pastoralism, by dr. Esther Mwangi (Centre for International Forestry research CIFOR, Indonesia) 

11.45 – 12.15   The relation between Security of access to land, land administration and economic development, by prof. Hans Mattsson (KTH Royal Institute of Technology Stockholm)

12.30 – 13.30   Lunch (offered by Dutch Cadastre, Land Registry and Mapping Agency for registered participants)  

13.45 – 14.15   The power of participatory mapping for mobilizing indigenous knowledge on property rights, by dr. Mike McCall (ITC)

14.15 – 14.30   Closing Remarks by Professor Arnold Bregt (Wageningen University, promotor)

14.30 -15.00    Pauze

15.00 – 15.15   Presentation Monica Lengoiboni on the subject of her dissertation ’Pastoralist seasonal land rights in land administration’

15.15 – 16.30    Defense Monica

16.30 – 17.30    Reception

Please register as soon as possible, preferably before Friday 22 April at

weber@itc.nl (Petra Weber, by mentioning ‘seminar Monica’)

 

• Workshop ‘Customary Tenure and Innovative Land Administration’

11 May 2011, ITC-building, Hengelosestraat 99, Enschede, the Netherlands

The tenure security that traditionally exists within customary communities is increasingly under threat. This is partly due to direct outside pressures, but also due to internal dynamics caused by broader developments. Nevertheless attempts to enter customary tenure into conventional land administration systems have also run into many problems. These systems tend to focus only on ‘main rights’ and forget the complex myriad of secondary rights, and often also are only serving the more powerful and elites, both nationally and more locally. Many poor and vulnerable people’s tenure security is threatened instead of increased by such systems.

On the other hand innovative land administration systems are emerging bottom-up or are being designed and piloted, e.g. by international agencies, that aim to bring tenure security to all in a customary community.

To capitalize on the broad knowledge and experience that will be in the Netherlands for the occasion of the PhD defense of Anthony Arko-Adjei on 10 May in Delft, we will organize this workshop to bring some examples of such innovative land administration approaches, as well as problems caused by conventional ones.

Anybody doing (PhD) research related to the topic is welcome to attend. There is no fee, and lunch and tea/coffee will be provided.

Draft Pogram

12.00   Lunch

13.00   Opening by chair, prof.dr. Jitske de Jong, TU Delft

13.10   Overview of the topic, prof.dr. Jaap Zevenbergen, U Twente-ITC

13.30   Customary and statutory perception of tenure security in South-Africa, prof. Hanri Mostert, U Cape Town and RU Groningen

14.00   P-mapping and dynamism in customary tenure institutions in Ghana, Anthony Arko-Adjei, KNUST and former PhD student ITC

14.30   Customary land secretariats in Ghana, Dr. Seth Asiama, KNUST

15.00   Tea break

15.15   Pastoralists rights ‘lost’ in registration, Monica Legoiboni, former PhD student ITC

15.45   Reflection on the topic and today’s presentations, prof dr. Annelies Zoomers, U Utrecht

16.15   Closing remarks by chair

16.30   End

Register

Interested or already sure you want to join? Email weber@itc.nl to be kept up-to-date.

 

• Legal Pluralism Conference 8-11 September, Cape Town, South-Africa

IALTA is going to host three panels at the Jubilee Congress on Legal Pluralism, Cape Town, 8-11 September 2011.

Proposals for papers (including an abstract of 100-250 words) are to be submitted on www.pluralismconference2011.co.za as well as to the panel organizer(Yongjun Zhao) and the CLP secretary (Janine Ubink) as indicated below.

More information on the conference is available from: http://www.commission-on-legal-pluralism.com/.

STREAM: PROPERTY RELATIONS

Theme management:

Hanri Mostert (University of Cape Town)

Janine Ubink (Leiden University)

Laurens Bakker (Radboud University)

Patricia Kameri Mbote (University of Nairobi)

Panel 5: Land administration systems and pluralism

Organised by: IALTA

The role of a land registration system in government and society is not always that clear. Before developing any improvement of existing systems, one should analyze the present role and function of the given land administration system. A crucial question is which public interests are involved in the present system. Is it limited to only the registration of legal transactions or does it serve all kinds of other purposes, like taxation and control of the flow of money? An understanding of the underlying purpose assists in determining what institutions are involved and to what minimum requirements the system has to adhere. Moreover, it determines the model to be implemented in a given historical, socio-legal, political and economical context.

The existing different land registration models are rooted in the different historical, socio-legal, political and economical context of countries. To understand the solutions put forward in a specific jurisdiction, and to determine the viability of reception of such solutions in other jurisdiction, insight in the historical, socio-legal, political and economical contexts at stake is crucial.

This panel seeks to revisit the existing, differing models of landregistration. In particular, it wishes to explore the premise that classification of registration systems is possible not only by the well-known categories like deed- and title registration, or abstract and causal systems of transfer, but also by other characteristics, such as purpose, transparency, involved governmental and non-governmental institutions, costs, etc. We seek to determine what are the purposes of registration systems, which institutions are served, what services are involved, how legal tenure may be constructed, how and by who information may be accessed, and the legal consequences of registration. By conducting this analysis, we hope to gain insight into the kinds of public interests that are involved in registration systems across the world. It is envisaged that these insights will lead to a discussion of three sets of questions:

a. What is the nature and hierarchy of the public interests involved in land tenure and registration? How both public and private interests are secured in the land registration (process)?

b. What are the tools, models or policies by which we balance the public interest with the private interest with regard to land? Can the different systems be categorized? What is the role of the people in those models in terms of democratic legitimization?

c. What is the effectiveness and efficiency of the different models and policies to regulate public interests in private property, given the different historical, socio-legal, political and economic context of countries?

Persons interested in contributing to this panel should send an abstract

(100-250 words) to: Yongjun Zhao (Yongjun.Zhao@rug.nl with cc to Janine Ubink, the Executive Secretary of the Commission on Legal Pluralism j.ubink@law.leidenuniv.nl

Panel 6: The role and rules of land law

Organized by: IALTA

This panel seeks to understand why land tenure reform programs have not been adequately socially and politically responsive and receptive to the indigent. It proposes that the legal failure in strengthening land tenure and balancing conflicting interests in land are attributable to the legal tenure administration norms compatible with locally-based land tenure systems. It wishes to establish possible solutions to these problems by investigating the role of law and the rule of law in achieving sustainable land administration. The rules of the law provide a structure by which relations between people can be organized. But it is up to the people whether and how they (mis)use the law. Thus, the effectiveness of the law not only depends on the law as it is, but also on the way the people experience the law, use the law, and live up to the rule of law. It also implies that the effectiveness and efficiency of the law depends highly on this receptiveness of the system by the people. Developing and introducing new systems of land tenure and land registration presume knowledge about this responsiveness and receptiveness by the poor. In this process, the role of law should be recognized and scrutinized.

With regard to land and land use, these questions apply both to the privileged and the marginalized. The latter category has considerable disadvantages in a competitive society, especially when land is a tradable commodity. Both the privileged and the marginalized interact in society, but the playing field is not level. This panel seeks to determine how the position of the weak and marginalized can be equalized, and particularly how the law (or other measures/instruments) can be used to support the weak and control the strong in preventing and managing land conflicts. Similarly, it explores how access to land may be improved for the weak and marginalized.

 This question automatically leads to other questions:

a. Are vulnerable and marginalized people informed of their legal position? If so, do they use all the rights the law provides themsufficiently and do they live up to the rule of law themselves? If not, why?

b. What can be done to encourage marginalised groups to use the law for their own benefit? Are there tools which would assist in improve their position? How can they gain real access to land; how can they claim land legally?

c. What is the effectiveness / efficiency of the suggested mechanisms?

Persons interested in contributing to this panel should send an abstract

(100-250 words) to: Yongjun Zhao Yongjun.Zhao@rug.nl with cc to Janine Ubink, the Executive Secretary of the Commission on Legal Pluralism j.ubink@law.leidenuniv.nl

Panel 7:  Individualization of land rights in a competitive society

Organised by: IALTA

This panel is interested in the changes in law that bring about individualization of land rights. What are the effects of individualization of land rights and the introduction of market-based economy on (communities in) developing countries?

Over the last decade, some fundamental changes took place in both developed as well as developing societies with regard to the rights of people on land. The broad introduction of market-based economy goes more or less hand-in-hand with individualization or de-collectivization of land rights. This panel is concerned about the changes in the regulatory models by which landownership and land use are managed to bring about this process of individualization. These changes occur on different levels of regulation, in family law, property law, customary law, company law and in respect of the commons. This has both positive and negative effects. On the optimistic side of the spectrum, the introduction of a market-based economy stimulates the movement of goods and people. But it also endangers the vulnerable, marginalized and poor people, e.g. woman and children, pastoralists, indigenous people and slum dwellers, if it means that reliance on trusted institutions and structures within a society / community can no longer be relied on. It endangers proprietary positions based on familial relations or status within communities. This applies especially where there is no reliance on formal, tradable titles. This panel seeks to engage with views about security of tenure as achieved in customary law or in respect of use of the commons.

Persons interested in contributing to this panel should send an abstract

(100-250 words) to: Yongjun Zhao Yongjun.Zhao@rug.nl with cc to Janine Ubink, the Executive Secretary of the Commission on Legal Pluralism j.ubink@law.leidenuniv.nl

 

 

 

 



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