Land Rights as Human Rights: The Case for a Specific Right to Land

Gilbert, Jérémie

doi:10.2139/ssrn.2401190

Cited by 22 publications

(19 citation statements)

References 10 publications

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“…These rights are seldom held by only one party. A land parcel may be held by several parties who hold different types of rights upon the land, known as "bundle of rights" (Gilbert, 2013). In the Indonesian context, an example of bundle of rights could be seen in national parks where the state holds their ownership right and every citizen holds the right to visit and enjoy their natural beauty (Pratomo et al, 2020), while the community who lives around or in those national parks holds the right to use the natural resources for their welfare, which is limited to the right to collect forest products (Ifrani et al, 2019).…”

Section: Land Tenure and Legal Pluralismmentioning

confidence: 99%

Forest Cover Change and Legal Pluralism in Forest Management: A Review and Evidence from West Sumatra, Indonesia

Rudy

Yonariza

Yanfika

et al. 2021

Indonesian J. Sci. Technol

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This study analyzed the functions of shifting (phenomenon of legal pluralism) and identified forest conversion at Production Forest Management Unit of Dharmasraya (PFMU Dharmasraya), West Sumatra, Indonesia from March 2018 to December 2019 using a qualitative research design with a case study approach. The identification of changes in forest cover analyzed by satellite images using the NDVI method to obtain the distribution of forest cover. Discussion on legal pluralism were examined using a non-ethnographic qualitative research approach through interviews with local communities, companies/permit holders, and related institutions (government). From 2000 to 2019, the PFMU Dharmasraya forest area reduced from 86 to 12%, and plantations increased from 10 to 81% of the total area of 33,539 ha. The legal pluralism of forest ownership occurs because local communities use traditional law, claiming the PFMU Dharmasraya area as Ulayat land. In contrast, the government claims the forest belongs to the state. The motives for the conversion of forest functions are the expansion of oil palm and rubber plantations, forest clearing to mark forest ownership rights, and illegal logging.

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Section: Land Tenure and Legal Pluralismmentioning

confidence: 99%

Forest Cover Change and Legal Pluralism in Forest Management: A Review and Evidence from West Sumatra, Indonesia

Rudy

Yonariza

Yanfika

et al. 2021

Indonesian J. Sci. Technol

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“…However, customary claims are not reliant on these external institutions for their own legitimacy. Approaching rights to the forests can be seen from a human rights perspective, such as land rights as property rights, cultural rights for customary communities, gender equality rights, rights for adequate housing, and food security rights (Gilbert 2014). However, rights to forests viewed as a bundle of rights are more broad.…”

Section: Framing Of Land Tenure Claimsmentioning

confidence: 99%

Claiming the forest: Inclusions and exclusions under Indonesia's ‘new’ forest policies on customary forests

et al. 2017

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The hopes of customary communities in Indonesia have recently been bolstered by Constitutional Court assurances that they have the right to control customary forest. There are, however, several obstacles to making successful claims, and there are also many situations in which forest users and customary land claimants do not stand to benefit from the recent rulings. This policy review analyses the court decisions, politics around their implementation, and considerations of types of land claimants who are excluded from the current process. We highlight groups of forest and ex-forestland users that are excluded from benefiting from the Constitutional Court decisions and are adversely affected by land use change and re-designation of land. These groups include those with claims over land in conservation areas, allocated to concessionaires for resource extraction, on land already issued to them through forest management rights, and those whose land has already been removed from the State forest land. Highlights:• Contestations around claims by customary groups on forest areas in Indonesia have been rejuvenated by 2011 and 2012 Constitutional Court decisions.• There remains significant confusion around how to apply the laws, however both State and customary community rights groups are actively advancing their preparations • The Constitutional Court decisions are specific to 'customary communities' with claims over State forest land.• Communities with claims over gazetted national parks, land issued for forestry concessions, land removed from the State forest, and migrants remain without legal basis for claiming forest land.

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“…Inadequate housing can relate to people being denied access to land or access to common land resources, and therefore adequate housing, access to land and control over land, are three associated concepts. That brings some human rights theorists to advocate a 'human right to land': such a right is currently not included in international human rights law (Gilbert, 2013;Wickeri and Kalhan, 2010).…”

Section: Property Rights and The Human Right To Housingmentioning

confidence: 99%

“…Without access to land rights, the human right to adequate food (formal texts see annexe 4) is difficult to obtain, and many people will be in severe trouble (Gilbert, 2013). Inequality in the distribution of land appears to be a major source of food insecurity in rural areas (Randolph and Hertel, 2012).…”

Section: Property Rights and The Human Right To Foodmentioning

confidence: 99%

“…A question is whether the right to property, as mentioned in the UDHR 1948, is adequate to promote access to land, as the right to property is perceived by many people as a right that protects the landed elites, and does not include the right to acquire land holdings: the controversy is mentioned earlier in this paper. Gilbert (2013) analyses the role of access to land for the indigenous, for gender equality, for housing and or food security and concludes that it would be better to include a 'right to land' in international human right law.…”

Section: Property Rights and The Human Right To Foodmentioning

confidence: 99%

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Property, human rights law and land surveyors

Molen

2016

Survey Review

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Land surveyors have a lot to do with property rights. This paper presents an inventory of international human rights law regarding property rights, relevant for land surveyors. It addresses the history and current status of international law and case law, and it reflects on the aspects that shape the human right to property as a controversial human right. The paper includes a consideration on related rights, such as the human right to housing and to food. The paper concludes that human rights form an important context for the land surveyor's profession and ends with describing interfaces between the human rights to property and the profession.

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Land Rights as Human Rights: The Case for a Specific Right to Land

Cited by 22 publications

References 10 publications

Forest Cover Change and Legal Pluralism in Forest Management: A Review and Evidence from West Sumatra, Indonesia

Forest Cover Change and Legal Pluralism in Forest Management: A Review and Evidence from West Sumatra, Indonesia

Claiming the forest: Inclusions and exclusions under Indonesia's ‘new’ forest policies on customary forests

Property, human rights law and land surveyors

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