Your search found 4 records
1 Rosser, A.; Curnow, Jayne. 2014. Legal mobilisation and justice: insights from the constitutional court case on international standard schools in Indonesia. Asia Pacific Journal of Anthropology, 15(4):302-318. [doi: https://doi.org/10.1080/14442213.2014.916341]
Legal aspects ; Mobilization ; Constitution ; Courts ; Political aspects ; State intervention ; Nongovernmental organizations ; Educational institutions ; Standards ; Policy ; Case studies / Indonesia
(Location: IWMI HQ Call no: e-copy only Record No: H046508)
(0.14 MB)
Analysis of the role of courts in shaping access to justice in Indonesia has emphasised the role of judges and the incentives created for them by courts' institutional design. Alternatively, it has focused on individual justice-seekers and their capacities to choose between alternative pathways through the legal repertoire. In this paper, we suggest that ‘support structures for legal mobilisation’ (SSLMs) have also played an important role in shaping access to justice by influencing both the potential for legal mobilisation and the type of justice sought. In making this argument, we focus on a recent Constitutional Court case on ‘international standard schools’. In this case, a group of parents were able to mobilise for legal action only because NGOs provided the required technical expertise and financial resources while the central involvement of an anti-corruption NGO in the SSLM shifted the focus from parents' concerns about discrimination to corruption.
2 Nhamo, L.; Mpandeli, S.; Liphadzi, S.; Mabhaudhi, Tafadzwanashe. 2022. Securing land and water for food production through sustainable land reform: a nexus planning perspective. Land, 11(7):974. [doi: https://doi.org/10.3390/land11070974]
Sustainable land management ; Land reform ; Water security ; Food security ; Land distribution ; Frameworks ; Nexus ; Planning ; Sustainable Development Goals ; Livelihoods ; Rural development ; Constitution ; Agrarian reform ; Indicators ; Food production ; Agriculture ; Climate change ; Socioeconomic development / South Africa
(Location: IWMI HQ Call no: e-copy only Record No: H051229)
https://www.mdpi.com/2073-445X/11/7/974/pdf?version=1656239653
https://vlibrary.iwmi.org/pdf/H051229.pdf
https://vlibrary.iwmi.org/pdf/H051229.pdf
(1.93 MB) (1.93 MB)
Land and water are vital resources for sustaining rural livelihoods and are critical for rural development as they form the basis of agriculture, the main economic activity for rural communities. Nevertheless, in most developing countries, land and water resources are unevenly distributed due to historical and socio-economic imbalances, hence the need for land reform policies to address these disparities. However, redistributing land without considering the interconnectedness of land and socio-ecological systems can compound existing food and water insecurity challenges. This study used a mixed research method, integrating both quantitative and qualitative data, to develop a framework to guide policy and decision-makers to formulate coherent strategies towards sustainable land redistribution programmes and achieve the desired outcomes. The approach was vital for integrating the broad and intricate interlinkages between water, land, and environmental resources. Therefore, the framework is based on transformative and circular models for informing strategic policy decisions towards sustainable land redistribution. The focus was on South Africa’s land redistribution plans and the implications on water and food security and rural development. The developed framework is designed to ensure the sustainability of agrarian reform and rural economic development. It is framed to address land and water accessibility inequalities, promote water and food security, and enhance rural development. A sustainable land redistribution increases the adaptive capacity of rural communities to climate change, enhances their resilience, and provides pathways towards Sustainable Development Goals (SDGs).
3 Troell, J.; Keene, S. 2022. Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus. Colombo, Sri Lanka: International Water Management Institute (IWMI). 33p. (IWMI Research Report 182) [doi: https://doi.org/10.5337/2022.215]
Water tenure ; Customary tenure ; Legislation ; Water law ; Customary law ; Land tenure ; Water resources ; Nexus approaches ; Freshwater ; Indigenous peoples' tenure rights ; Local communities ; Rural areas ; Water rights ; Land rights ; Forests ; Legal frameworks ; Water governance ; Human rights ; Gender ; Women ; Livelihoods ; Food security ; Sustainable development ; Government ; Regional organizations ; Constitution ; Policies ; Water user associations ; Participation ; Transboundary waters ; International law / Africa South of Sahara
(Location: IWMI HQ Call no: IWMI Record No: H051374)
(1.11 MB)
Despite the progress made in conceptualizing and advocating for secure community-based land and forest tenure rights, there is a critical lacuna in advocacy and policymaking processes pertaining to community-based freshwater tenure rights. Moreover, water tenure as a concept has only recently gained significant traction in global policy circles. This report analyzes national and international legal pathways for recognizing customary forms of community-based freshwater tenure rights held by Indigenous Peoples and Local Communities (IPLCs) in sub-Saharan Africa. It employs a methodological framework and builds on an analysis of community-based water tenure systems that was developed and applied by the Rights and Resources Initiative (RRI) and the Environmental Law Institute (ELI) in the publication Whose Water? A Comparative Analysis of National Laws and Regulations Recognizing Indigenous Peoples’, Afro-Descendants’, and Local Communities’ Water Tenure. Based on the key findings of this analysis, in particular the frequent dependence of IPLCs’ legally recognized customary water tenure rights on their legally recognized land and/or forest rights, this report further analyzes national constitutions, national legislation governing water, land, forests, environmental protection and other related matters, international and national case law, and international and regional human rights laws, to explore how legal frameworks are recognizing and protecting customary water tenure rights across sub-Saharan Africa. The findings and recommendations provide a basis for analyzing the comparative effectiveness and potential drawbacks of these legal pathways for the recognition and protection of customary water tenure and ultimately for future work refining and improving legislation and assessing progress in its implementation and enforcement.
4 Mukuyu, Patience; van Koppen, Barbara; Jacobs-Mata, Inga. 2022. Operationalising hybrid water law for historical justice. Final project report submitted to the Water Research Commission (WRC). Pretoria, South Africa: Water Research Commission (WRC). 92p. (WRC Report No. 3040/1/22)
Water law ; Water resources ; Water allocation ; Regulations ; Legislation ; Water policies ; Strategies ; Water tenure ; Customary tenure ; Legal pluralism ; Water rights ; Water sharing ; Water use ; Water management ; Catchment areas ; Infrastructure ; Agrarian reform ; Constitution ; Licences ; Smallholders ; Farmers ; Small-scale irrigation ; Rural areas ; Communities / South Africa / Inkomati Catchment
(Location: IWMI HQ Call no: e-copy only Record No: H051685)
(1.46 MB) (1.46 MB)
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