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

Basic Information

What country does this data pertain to?*

What email address can you be contacted at?*

What is your name?

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What organisation are you affiliated with?

What sector does your organisation work in?

Block 1: Community land rights

1/1

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

No 1: Yes, the law addresses the issue fully. The legal framework clearly or expressly meets 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. 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. 4: No, the law does not address the issue. There are no attempts in the law to meet the issue addressed in the indicator.

Reference

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

No 3: Partial, the law makes only limited progress towards addressing the issue. The legal framework addresses the indicator, but insignificantly. 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.

Reference

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

No N/D: Not enough data to score or not evaluated. No data applies when the country and/or indicator has not been evaluated or there is a lack of sufficient information. 4: No, the law does not address the issue. There are no attempts in the law to meet 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. 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. 3: Partial, the law makes only limited progress towards addressing the issue. The legal framework addresses the indicator, but insignificantly. 1: Yes, the law addresses the issue fully. The legal framework clearly or expressly meets the issue addressed in the indicator.

Reference

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

No N/A: The indicator is not applicable. Not applicable is used in cases where the subject matter in question is non-existent. 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.

Reference

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

No 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. 4: No, the law does not address the issue. There are no attempts in the law to meet 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.

Reference

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

No 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. 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. 4: No, the law does not address the issue. There are no attempts in the law to meet the issue addressed in the indicator.

Reference

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

No 3: Partial, the law makes only limited progress towards addressing the issue. The legal framework addresses the indicator, but insignificantly. 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. N/A: The indicator is not applicable. Not applicable is used in cases where the subject matter in question is non-existent. 1: Yes, the law addresses the issue fully. The legal framework clearly or expressly meets the issue addressed in the indicator.

Reference

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

No 1: Yes, the law addresses the issue fully. The legal framework clearly or expressly meets 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. 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. N/A: The indicator is not applicable. Not applicable is used in cases where the subject matter in question is non-existent.

Reference

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

No 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. 1: Yes, the law addresses the issue fully. The legal framework clearly or expressly meets 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. 4: No, the law does not address the issue. There are no attempts in the law to meet the issue addressed in the indicator.

Reference

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

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. 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. 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.

Reference

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