land rights and the extractives industry in uganda.pptx

7/30/2019 Land Rights and the Extractives Industry in Uganda.pptx

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LAND, EXTRACTIVES& INDIVIDUAL ANDCOLLECTIVE RIGHTS


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Property rights in SummaryThe rights Bundle - The Four Strands in the RightsBundle

Right to use, Right to manage,

Right to transfer (assign or reassign) use andmanagement rights, and

Right to own.


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Property Rights Regimes. Private property occurs when the strands of the property rights

bundle are held by a natural or legal person

Common property exists where property rights strands areshared among members of a community or association.

Public property is established when the strands of the bundle areconcentrated, held and managed by the government.

Open access occurs where either no specific rights to land ornatural resources have been assigned or claimed by holders.


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Elements of Tenure Security

Legitimacy- A leading factor in property rightsenforceability is the degree of legitimacy of theproperty rights system in which the claimed rights areanchored. A high degree of legitimacy encourages

voluntary compliance on the one hand, anddiscourages challenges to recognized rights on theother. A high degree of legitimacy reduces the need forrepressive responses and elaborate institutions for

dispute resolution. Property rights gain legitimacythrough laws and associated institutions


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Institutional backing -Institutions are necessary to

enforce the specific legal system that provideslegitimacy to a set of property rights. Theseinstitutions (associated with each legal system) areresponsible for making and modifying rules of the

regime; monitoring compliance with those rules;sanctioning persons who infringe rules; mediating anyof monitoring; sanctioning; resolving resultingconflicts; disseminating information about resulting

disputes; and mobilizing resources, leaders and staff toconduct all these functions.


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Clarity - Clarity, or shared and widespread understanding,

of existing property rights is another factor in securingproperty rights since it helps to eliminate the gray areas

within a property rights system that can lead to ambiguity.

Excludability - A use, management or transfer right to anatural resource has meaning only to the extent that therights holder is capable of excluding non-rights holdersfrom using the claimed right. Lack of capacity to exclude

non-rights holders from property held by recognized rightsholders moves the property system toward a situation ofopen access and potential conflict.


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Principles of good land governance

Security- security of tenure, no forced evictions,

land and property rights recognised sensitivity toconflict and disasters. Sustainability- Land use balances social ,economic

and environmental needs, land administrationssystems are affordable, accessible to all, can be

maintained and up-dated over time Equity- Pro-poor, gender sensitive, arrange of land

rights recognised. Effectiveness and efficiency-Simplified rules and

procedures, service oriented, land administration Rule of law- Respect for legal procedures,involvement of both traditional and alternativedispute resolution.


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Transparency- Access to information regardingrules and procedures, openness and involvingpolicy making and decision making processes,openness of procurement.

Accountability- Mechanisms that avoidcorruption

Civil engagement- Dialogue and consensusbuilding orientation, actively facilitatingparticipation of all groups

Subsidiarity- decentralisation of decisionmaking and management, addressing capacityneeds.

land rights and the extractives industry in uganda.pptx

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