Land and Natural Resources

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On 27 April 2021, ESCR-Net co-hosted an online discussion on land rights. Over 50 members from across Africa, Asia, Latin America, the Middle East, Europe and North America, convened virtually to learn from each other’s experiences and strengthen shared analysis and...

In September 2011, 3,000 families were given only 7 days prior notice before they were evicted from the land next to the Wilson Airport. Their shelters were destroyed. The Kenya Airports Authority owned the plot of land next to the airport, but the resident families of the Mitumba Village had occupied the property for some time.

Matodzi Ramuhovhi and Thinamaano Edson Netshituka applied to the Constitutional Court for confirmation of the Limpopo High Court, Thohoyandou’s ruling of invalidity of Section 7(1) of the Recognition of Customary Marriages Act 120 of 1998 (“Recognition Act”). The High Court ruled 7(1) to be invalid because it discriminated against women in polygamous marriages concluded before the Recognition Act on two grounds: (a) gender and (b) race, ethnic or social origin. This same section had been deemed unconstitutional as it related to monogamous marriages in Gumede vs.

The Gumedes were married in 1968, before the Recognition of Customary Marriages Act 120 of 1998, which entered into force on November 15, 2000. Section 7(1) of the Recognition Act provided that customary marriages entered into prior to the date of the commencement of the Act (old marriages) were governed by customary law, while section 7(2) provided that customary marriages entered into after the date of commencement of the Act (new marriages) were marriages in community of property. Ms. Gumede was directly affected by Section 7 after Mr.

When Makhosazane Eunice Sacolo, a Swazi woman, was left by her husband, she was unable to sell any of the livestock that they owned, even those that she had purchased with her own money. Under eSwatini’s common law of marital power, that property was registered in her husband’s name. This common law doctrine, as well as the Marriage Act of 1964, also prohibited married women from concluding contracts without her husband’s permission.

In Lhaka Honhat v. Argentina, the Inter-American Court of Human Rights held that Argentina violated its obligations under Article 1.1 of the American...

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2020

Call for case studies on intersectionality and centrality of social movements in strategic litigation on land, housing and natural resources. 

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Indigenous community members from the Lhaka Honhat Association sued Argentina on behalf of 132 Indigenous communities belonging to the Wichí (Mataco), Iyjwaja (Chorote), Komlek (Toba), Niwackle (Chulupí), and Tapy'y (Tapiete) peoples who live on lots with the cadastral registrations 175 and 5557 in the Province of Salta (previously known as and referred to in the case as lots 14 and 55).

The complaint was initiated against GVL in October 2012 before the RSPO. The Complaints Panel’s first decision in the case was on December 13, 2012, finding that the complaints had merit and issuing a Stop Order against GVL. Beginning in 2013, GVL was required to file quarterly reports on its activities in Liberia, including its efforts to improve its operations and to comply with later decisions from the RSPO.

The International Accountability Project (IAP), a member of the Monitoring Working Group of ESCR-Net, is excited to share three new materials on Community-led Research, part of their new series of Global Community Action Guides.

These materials provide:

  • concrete
  • ...
Developed by an ESCR-Net Member