LANDex - Global Land Governance Index

Diverse Tenure Systems

3A Legal and institutional framework in place at national level recognizes a continuum of individual and communal land rights, including secondary rights of tenants, sharecroppers, and pastoralists

People-Based Assessment

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Block 1: Community land rights

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Block contributes as Block 3 of LANDex indicator 1A

Methodology: Land Mark Legal Security Indicators

Please Read:

For this block, you will be asked to respond to questions on a scale of 4-1, where 1 is the highest score possible. This is different from previous blocks, where scoring was from 0-3 with 3 being the highest possible score. We do this in order to facilitate data compatibility, co-generation and sharing of data with Land Mark, according to their methodology.

Please choose the response that best represents the situation in your country.

Under each response, you will be provided with a space to add references and detail to justify your response.

Q1: Does the law recognize all rights that communities exercise over their lands as lawful forms of ownership

4: No, the law does not address the issue. There are no attempts in the law to meet the issue addressed in the indicator. 3: Partial, the law makes only limited progress towards addressing the issue. The legal framework addresses the indicator, but insignificantly. 2: Partial, the law makes significant progress towards addressing the issue. The legal framework makes significant progress towards, but does not entirely meet the issue addressed in the indicator. 1: Yes, the law addresses the issue fully. The legal framework clearly or expressly meets the issue addressed in the indicator. N/A: The indicator is not applicable. Not applicable is used in cases where the subject matter in question is non-existent.

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Q2: Although private and customary, and indigenous are different forms of land ownership, does the law give them equal levels of protection?

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Q3: Does the law lay out simple and cheap procedures for community lands to be mapped and registered if they wish?

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Q4: Does the law enable a community to be a registered owner without it forming a legal entity in which to vest title?

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Q5: Does the law recognize communities as the legal administrator of community land?

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Q6: Does the law recognize customary lands as held in perpetuity?

4: No, the law does not address the issue. There are no attempts in the law to meet the issue addressed in the indicator. 2: Partial, the law makes significant progress towards addressing the issue. The legal framework makes significant progress towards, but does not entirely meet the issue addressed in the indicator. 1: Yes, the law addresses the issue fully. The legal framework clearly or expressly meets the issue addressed in the indicator. N/A: The indicator is not applicable. Not applicable is used in cases where the subject matter in question is non-existent. 3: Partial, the law makes only limited progress towards addressing the issue. The legal framework addresses the indicator, but insignificantly.

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Q7: Does the law require the consent of a community prior to its land being acquired by government or another actor?

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Q8: Does the law recognize that rights to community land include ownership of all trees on the land?

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Q9: Does the law recognize that waters belong to the community within whose lands these are found?

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Q10: Does the law allow a community to own lands declared to be Protected Areas?

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Diverse Tenure Systems