Land and Natural Resources

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Country: 
India
Working Group(s) / Area(s) of Work: 
OP-ICESCR
Country: 
Kenya
Working Group(s) / Area(s) of Work: 
OP-ICESCR

The Bhe judgment concerned three related cases (Bhe, SAHRC and Shibi), which were decided together. In the first action, the father of applicants, Nonkuleleko and Anelisa Bhe (aged 9 and 2), had died, and the mother (the third applicant) brought an action to secure the deceased's property for her daughters. Under the African customary law rule of primogeniture as well as section 23 of the Black Administration Act, the house became the property of the eldest male relative of the father, in this case the grandfather.

Representatives of the Lamenxay and Kayleyphapopyet indigenous communities, both of the Enxet-Sanapana people, started proceedings aimed at recovering their ancestral land, which had been sold by the Paraguayan State to private persons. After five years of the State's failure to comply with a court decision acknowledging the constitutional land right of one of the communities, in 1996 a petition was filed with the Inter-American Commission on Human Rights against the State of Paraguay.