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May 17th, 2012

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Land law, regulation and enforcement - 2009/05/06 08:08 GMT Land laws can be crucial instruments for enhancing more sustainable land use but laws can also be useless unless they can be enforced. Development of improved land laws therefore needs follow up by dissemination of information about the content of the laws in the land administration system as well as other parts of national and local administrations that have an influence on land use
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Re:Land law, regulation and enforcement - 2009/05/07 13:41 GMT Land laws and regulations are not always guarantying land tenure and land rights because lacking of political commitments and discontinuity .

Land registration laws in developed countries ensure disciplined and productive land use as a key player of national economy and sustainable land management.

Developing countries are still lacking of institutional capacity, technology, and human resource.

Strengthening institutions, technical know how, capacity building are most important issues for adopting human-centered, pro-poor and sustainable land use policies, laws and regulations.

Strong land law enforcement agency for monitoring and implementing land regulations must be set up in practice.

Land court or land tribunal can be introduced for speedy justice in land sector
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Re:Land law, regulation and enforcement - 2009/05/08 11:51 GMT Dissemination of laws through creation of simple regulation and public education has a high rate of success towards good land administration. However it has been found that most laws lack clauses that ensure compliance by the institutions administering land and land use laws. This means that the knowledge acquired by the public becomes a source of frustration since they are not able to use the laws to force the institutions to comply.
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Re:Land law, regulation and enforcement - 2009/05/08 12:14 GMT While I agree that land laws can be crucial instruments for enhancing more sustainable land use, this will largely depend on how much the land laws are harmonized by environmental laws, agricultural laws and other land-use laws.
Take the example of Uganda where the land law i.e. The 1998 Land Act has a provision that simply states that “a person who owns or occupies land shall manage and utilize the land in accordance with the Forests Act, The Mining Act, the National Environment Act, the Uganda Wildlife Act and any other law “(section 43 of the Land Act). But agriculture, environment & forestry are in different ministries; the mandates and functions/responsibilities of departments/agencies of the land and land use sectors are scattered and compete for resources and recognition. Sustainable land management is almost impossible to achieve under such institutional arrangements.
Enforcement of the laws and regulations is another big challenge. Decentralisation of land administration and management appears to be the answer but putting in place the decentralized institutions and equipping them to deliver is a nightmare as the Ugandan experience of 10 years shows.

The other challenge are the customary tenure rules and practices over which statutory land laws are imposed. Enforcement in such an environment becomes a tall order.

The Ethiopian approach/model sounds interesting but it is too early to assess its impact and effectiveness. Any other models that have proved successful?
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