The transfer of township rental houses to inhabitants did not necessarily give families greater security. “Family houses” were frequently acquired by individuals.
David Anaafo, University of Energy and Natural Resources
Reforms to land policies and regulations are enabling the traditional custodians of the land in Ghana to transfer ownership. Communal land users could lose their basic rights.
It’s important to understand that a First Nations consultative body such as the Customary Senate doesn’t pose a ‘threat’ to democracy or the rule of law.
When judges, legislators, and policymakers neglect the foundational dynamics of indigenous customs, they worsen conflict between indigenous laws and state laws.
Denying people the right to opt out of the traditional court system conflicts with the notion of customary law as a voluntary and consensual system of law.
South Africa’s rural communities where mining licenses have been granted are often excluded from consultations and bear the brunt having their environment and livelihoods destroyed.
The contested law also defines the jurisdiction of traditional leaders in terms of territory. But traditional community boundaries are actually set by personal relationships.
Conservationists need to assess costs which allow for the adequate compensation of communities on protected lands, whose livelihoods are deeply entwined with forest use.