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Papua New Guinea, officially the Independent State of Papua New Guinea, is a country in Oceania that comprises the eastern half of the island of New Guinea and its offshore islands in Melanesia. Its capital, located along its southeastern coast, is Port Moresby. The country is the world's third largest island country, with an area of 462,840 km2 (178,700 sq mi).
Land reform is a form of agrarian reform involving the changing of laws, regulations, or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution, generally of agricultural land. Land reform can, therefore, refer to transfer of ownership from the more powerful to the less powerful, such as from a relatively small number of wealthy or noble owners with extensive land holdings to individual ownership by those who work the land. Such transfers of ownership may be with or without compensation; compensation may vary from token amounts to the full value of the land.
In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land owned by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal local customs. In other words, land tenure implies a system according to which land is held by an individual or the actual tiller of the land but this person does not have legal ownership. It determines the holder's rights and responsibilities in connection with their holding. The sovereign monarch, known in England as The Crown, held land in its own right. All land holders are either its tenants or sub-tenants. Tenure signifies a legal relationship between tenant and lord, arranging the duties and rights of tenant and lord in relationship to the land. Over history, many different forms of land tenure, i.e., ways of holding land, have been established.
Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians have rights and interests to their land that derive from their traditional laws and customs. The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title to the land by the Crown at the time of sovereignty. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title over the same land.
The Aboriginal Land Rights Act 1976 (ALRA) is Australian federal government legislation that provides the basis upon which Aboriginal Australian people in the Northern Territory can claim rights to land based on traditional occupation. It was the first law by any Australian government that legally recognised the Aboriginal system of land ownership, and legislated the concept of inalienable freehold title, as such was a fundamental piece of social reform. Its long title is An Act providing for the granting of Traditional Aboriginal Land in the Northern Territory for the benefit of Aboriginals, and for other purposes.
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts.
Indigenous land rights are the rights of Indigenous peoples to land and natural resources therein, either individually or collectively, mostly in colonised countries. Land and resource-related rights are of fundamental importance to Indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors. Land is a major economic asset, and in some Indigenous societies, using natural resources of land and sea form the basis of their household economy, so the demand for ownership derives from the need to ensure their access to these resources. Land can also be an important instrument of inheritance or a symbol of social status. In many Indigenous societies, such as among the many Aboriginal Australian peoples, the land is an essential part of their spirituality and belief systems.
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively.
Keyoh is a Dakelh word meaning. It is the principal traditional area of which a certain indigenous corporate family group has customary use, occupancy, governance, stewardship and ownership rights. It is applied to designate areas such as countries and settlements such as towns and a trapline in the non-native sense, that is the area within which a certain person has the right to trap, but the common translation "trapline" is misleading both in that it is not restricted to the right to trap and it is independent of the provincial system of trapline registration. Indeed, one source of disparity between provincially registered traplines and keyoh, is that provincially registered traplines are held by a single individual who for many years had to be male, while keyoh are held corporately, with its hereditary chief also being strongly patrilineal. The hereditary chief of a Keyoh is known as the keyoh-whudachun, Keyoh Holder or noble. The term keyoh is used in reference to Indigenous rights as on the web site of the Maiyoo Keyoh
Indigenous intellectual property is a term used in national and international forums to describe intellectual property that is "collectively owned" by various Indigenous peoples, and by extension, their legal rights to protect specific such property. This property includes cultural knowledge of their groups and many aspects of their cultural heritage and knowledge, including that held in oral history. In Australia, the term Indigenous cultural and intellectual property, abbreviated as ICIP, is commonly used.
The Scheduled Tribes and Other Traditional Forest Dwellers Act, 2006, is a key piece of forest legislation passed in India on 18 December 2006. It has also been called the Forest Rights Act, the Tribal Rights Act, the Tribal Bill, and the Tribal Land Act. The law concerns the rights of forest-dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India.
Land councils, also known as Aboriginal land councils, or land and sea councils, are Australian community organisations, generally organised by region, that are commonly formed to represent the Indigenous Australians who occupied their particular region before the arrival of European settlers. They have historically advocated for recognition of traditional land rights, and also for the rights of Indigenous people in other areas such as equal wages and adequate housing. Land councils are self-supporting, and not funded by state or federal taxes.
Land ownership in Canada is held by governments, Indigenous groups, corporations, and individuals. Canada is the second-largest country in the world by area; at 9,093,507 km² or 3,511,085 mi² of land it occupies more than 6% of the Earth's surface. Since Canada uses primarily English-derived common law, the holders of the land actually have land tenure rather than absolute ownership. The Crown is given permission to hold land by treaty granted by the Indigenous people of Canada.
Alexkor v Richtersveld Community, decided by the Constitutional Court in 2001, is an important case in South African law, with a particular bearing on the law of property and the use of customary law.
Indigenous land rights in Australia, also known as Aboriginal land rights in Australia, relate to the rights and interests in land of Aboriginal and Torres Strait Islander people in Australia, and the term may also include the struggle for those rights. Connection to the land and waters is vital in Australian Aboriginal culture and to that of Torres Strait Islander people, and there has been a long battle to gain legal and moral recognition of ownership of the lands and waters occupied by the many peoples prior to colonisation of Australia starting in 1788, and the annexation of the Torres Strait Islands by the colony of Queensland in the 1870s.
Certificates of Claim were a form of legal instrument by which the colonial administration of the British Central Africa Protectorate granted legal property titles to individuals, companies and others who claimed to have acquired land within the protectorate by grant or purchase. The proclamation of the British Central Africa Protectorate was endorsed by the British Foreign Office in May 1891, and Harry Johnston as Commissioner and Consul-General examined and adjudicated on all claims to the ownership of land said to have been acquired before or immediately after that date. Between late 1892 and March 1894, Johnston issued 59 Certificates of Claim for land, each of which was equivalent to a freehold title to the land claimed. Very few claims were disallowed or reduced in extent, and around 3.7 million acres, or 15% of the land area of the protectorate, was alienated, mainly to European settlers. No Certificates of Claim were issued after 1894, but this form of land title was never abolished, and some land in Malawi is still held under those certificates.
The Indigenous People's Rights Act of 1997 (IPRA), officially designated as Republic Act No. 8371, is a Philippine law that recognizes and promotes the rights of indigenous cultural communities and indigenous peoples in the Philippines.
Ancestral domain or ancestral lands refers to the lands, territories and resources of indigenous peoples, particularly in the Asia-Pacific region. The term differs from indigenous land rights, Aboriginal title or Native Title by directly indicating relationship to land based on ancestry, while domain indicates relationships beyond material lands and territories, including spiritual and cultural aspects that may not be acknowledged in land titles and legal doctrine about trading ownership.
The Law of Tuvalu comprises the legislation voted into law by the Parliament of Tuvalu and statutory instruments that become law; certain Acts passed by the Parliament of the United Kingdom ; the common law; and customary law. The land tenure system is largely based on kaitasi.
Property law in Ghana is the area of formal and informal law that governs how citizens can acquire, register, and maintain property. Property in this instance pertains to physical land and its resources. Property can be bought and acquired following statutory or customary laws. Eighty percent of land in Ghana is owned through customary law and the remaining twenty percent is bought and sold through a formal statutory measures.
References
- ↑ "Indigenous Community Land Rights", Land Portal
- ↑ Malawi Land Act of 1965, ILO
- 1 2 AusAID: Making Land Work: Reconciling customary land and development in the Pacific, Canberra 2008 Archived 2009-09-14 at the Wayback Machine , retrieved 2009-09-07
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