PART II, SECTION 5– UNDERSTANDING SPECIFIC ESC RIGHTS

USING MODULE 18 IN A TRAINING PROGRAM

LAND RIGHTS

GO TO SECTION I - MODULE 18

The purpose of Module 18 is to provide an overview of the primary issues facing activists seeking to address land issues from a rights-based perspective.

This module should help trainees understand/clarify for themselves:

  • some of the difficulties and challenges associated with addressing land issues from a rights perspective;
  • international and regional human rights standards related to land ownership and land ten­ure;
  • a range of concerns regarding land that affect other ESC rights, including
    • social function of property principle,
    • discrimination and the principle of restitution,
    • customary and statutory rights to land,
    • "special rights” to land and
    • women’s rights to land.

Suggested Methods

¨      Participants could be given an exercise in small groups.  Taking into account the local condition, each group should develop a policy paper on land rights for different sectors. For example, a group could prepare a policy paper for women, another group for indige­nous people, the third for landless agriculture labor, and so on.  The paper should provide the rationale for guaranteeing land rights, identify elements of the proposed policy (land to the tiller, restitution, etc.) and identify difficulties that may arise in implementing the policy.

Following the presentation and discussion of group work, a trainer should make a lecture presentation based on the module.

Where possible, a trainer or training organization should provide to the participants cop­ies of land reform laws, reports on implementation of land reforms, and on the situation of women and indigenous people regarding land rights.

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