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Wanitzek, Ulrike; Sippel, Harald

doi:10.1023/a:1006953325298

Cited by 6 publications

(7 citation statements)

References 24 publications

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“…For an analogous comparison of practices in other states, for instance, certain regions are demarcated and designated for forest preservation in the conservation areas of Tanzania in Africa. By law, neither Tanzanian citizens nor any multinational legal entities or individuals are permitted to undertake any activities which may harm the protected forest [6]. However, in reality, due to the unsatisfactory legal and administrative implementation of policies and the status of customary land rights concerning nature conservation laws, it is not surprising that some affected communities feel compelled to seek alternative solutions to the problem [6].…”

Section: Land Ownership In Other Countriesmentioning

confidence: 99%

Assessing Land Rights in Indonesia's Protected Forests: A Case Study of Tormatutung Region

Bahmid,

Jha,

Nurzannah

et al. 2024

IJSDP

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The research aims to analyze the complexities of land tenure in the Tormatutung protected forest region, where the issuance of land ownership certificates does not guarantee possession due to overlapping designations as registered and protected forest zones. This anomaly restricts certificate holders from exercising their legal rights over the land. The study assesses Indonesian land tenure policies, focusing on individual land ownership rights granted by certificates. Using a normative research method with a legislative approach, it examines statutory provisions and land use planning policies by relevant agencies responsible for issuing certificates and implementing land rights. The key finding of the research reveals governmental passivity in upholding land ownership rights in protected forest areas, prioritizing global forest preservation over individual property rights. The implications highlight governmental failure to protect the legal rights of certificate holders, constituting a violation of property rights. The research concludes the lack of coordination among government bodies leads to contradictory decisions in the Tormatutung forest area, necessitating proactive measures such as area remapping, reforestation of certified or community-controlled land, and collaborative agreements for regulated land use.

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Section: Land Ownership In Other Countriesmentioning

confidence: 99%

Assessing Land Rights in Indonesia's Protected Forests: A Case Study of Tormatutung Region

Bahmid,

Jha,

Nurzannah

et al. 2024

IJSDP

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“…Wanitzek and Sippel argue, 'The identities of people are strongly affected by the laws which govern their daily activities.' 63 It is a reality for the Maasai of the NCA that the Land Act that does not recognize the question of ancestral lands countrywide automatically affects subsistence of their cultural identity and practices in relation to their traditional land.…”

Section: The Question Of Maasai Ancestral Lands and Cultural Rights I...mentioning

confidence: 99%

Environment or (Collective) Human Rights: What Is More Important?

Kannowski

Ngaiza

2022

CEJoCL

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This article reflects on the ‘Yellowstone model’ of environmental conservation while considering the United Nations Educational, Scientific and Cultural Organization (UNESCO)/ International Council of Monuments and Sites /International Union for Conservation of Nature’s recommendation on the voluntary relocation of Maasai residents from the Ngorongoro Conservation Area (NCA) in Tanzania. While advocating for an inclusive conservation approach, it synthesizes the extent to which the relocation has affected the collective socioeconomic and cultural rights of the Maasai in the property. It discusses the concept of Yellowstone conservation model, and subsequently traces the legal background to the existence of the Maasai in the NCA. The NCA’s statuses as a UNESCO heritage site of outstanding universal value, international biosphere reserve, and a global geo-park are also canvassed in the light of multiple-land use model. It further critically discusses the practical impacts of controlling the growing Maasai population at the site through induced voluntary relocation. The authors have drawn lessons from the Inter-American human rights system on the same area of conservation. Ultimately, the article concludes with practical recommendations and proposed issues for further research on this controversial topic.

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“…The aforementioned sentiments are especially relevant in a country like Tanzania, where the presence and strength of various types of formal and traditional rights are diverse (Wanitzek and Sippel 1998). Tanzania is vastly dependent on its natural resources, which play an important role in terms of social and economic goods and services in its national economy (United Republic of Tanzania 2009).…”

Section: Contentsmentioning

confidence: 99%

“…In this respect, Williamson (2001) identifies the crucial role that cadastres can play in understanding and administering the relationships between people and land. However, while such collaborative approaches are promoted, it is still generally not clear to what extent existing rights, interests, and uses over land determine the performance of environmental policy implementations (Wanitzek and Sippel 1998). Prescribed environmental measures, and the stakeholders involved, often focus merely on environmental implications and underestimate the importance of other critical variables: the underlying role of land rights, establishment of quantifiable indicators regarding community and individual rights, as well as implementation of instruments designed to deal with those rights (Balint 2006) are often neglected.…”

Section: Introductionmentioning

confidence: 99%