Publication: Land Tenure for Social and Economic Inclusion in Yemen : Issues and Opportunities
Loading...
Published
2009-12-01
ISSN
Date
2013-02-11
Author(s)
Editor(s)
Abstract
The report, Land Tenure for Social and Economic Inclusion in Yemen: Issues and Opportunities was completed in December 2009. The report addresses the problems of land ownership in Yemen and the various social and economic problems associated with the system of land ownership. Property rights under Yemeni Law are expressed both in custom and statute, but both are informed by shari a (Islamic law), which provides the basic property categories for land in Yemen. There are unfortunately no reliable official statistics for the amount of land within these categories, or how much arable land (a small percentage of total land area) falls within each. It is clear however that certain groups suffer from disadvantages in accessing land and land rights. Daughters are disadvantaged by shari a rules which limit their inheritance shares to only half that of a son. Youth, unable to inherit until the demise of their parents and lacking the capital to buy land, lack access to land and other employment opportunities, which endangers social stability. There are occupational castes (artisans) who are discriminated in land holdings and ethnic minorities, former slaves and immigrants from East Africa, who lack access to land, and especially land ownership, limiting them to the most menial labor. Amongst the recommendations the report addresses are; the law on state land and compulsory acquisition of land by the state are relatively recent and are in general in line with current best practices. There is however some fundamental problems in its legal delineation of state land. First and foremost, there is a need to provide a clearer distinction between state and communal land. In addition, it is clear that implementation of the law concerning state land is badly flawed, and that there are abuses in terms of uncompensated land takings and illegal appropriations of state lands for private purposes. The law concerning private ownership of land is satisfactory in most respects. Yemen has a long tradition of private ownership and land and rental markets. Those markets are clearly quite active, at least in areas where the economic basis for such market activity exists. The right of pre-emption in Yemeni law, a shari a institution, has been criticized by some commentators, but more recent scholarship recognizes its value. Waqf may offend the economic sensibilities of market economists in that waqf land is permanently held out of the land (sales) market, but it does move in rental markets and in the circumstances of Yemen it performs strong social functions. It supports important public functions and provides access to land for the poor but is increasingly negatively affected by weak supervision and corrupt practices. Tenancies are an important means of access to land in Yemen, especially for the poor, and their relatively stable terms stable terms under customary rules have historically provided a reasonable degree of tenure security. Post-land reform issues remain a problem in the southern governorates. Improving the system for recording of land rights has been a focus of law reform discussions in Yemen in recent years. Women are clearly disadvantaged by the terms of inheritance law, and even more greatly disadvantaged by the failure in practice to realize their limited rights under that law. The situation of disadvantaged ethnic groups deserves priority attention. Their lack of secure access to land, especially owned land, is a violation of the humanitarian values of Islam and condemns them to continuing poverty. There is growing competition for land. This is driven in some parts of the country by the development of new water technologies which have enabled larger- scale cultivation and created economic opportunities. It is clear that land dispute resolution mechanisms are not functioning well.
Link to Data Set
Citation
“World Bank. 2009. Land Tenure for Social and Economic Inclusion in Yemen : Issues and Opportunities. © World Bank. http://hdl.handle.net/10986/12298 License: CC BY 3.0 IGO.”
Digital Object Identifier
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Land Acquisition in Afghanistan : A Report(World Bank, Washington, DC, 2007-06)The purpose of this report is to review and assess Afghanistan's legal framework regulating social safeguards (national and local laws, regulations, procedures and policies) with special reference to the law and practice of compulsory land acquisition, or expropriation. The overall objective of the report is to consider how Afghanistan's legal framework would address social safeguard issues in upcoming World Bank projects which are likely to involve land acquisition and resettlement of those persons whose land is to be acquired in connection with project implementation. The report will consist of a narrative of the context within which the assessment will be conducted and the assessment which will in both narrative and tabular form. Afghanistan is embarking upon a massive programme of public works to improve and upgrade the infrastructure of the country: better roads, clean water; more schools and hospitals in both rural and urban areas are needed to provide a better life for all Afghans. The World Bank is committed to providing assistance towards the realization of this programme. Much of these public works will involve the acquisition of land on which people are at present living and obtaining a livelihood from. It is important to stress at the outset of this report that far from the object of the report being to impede or prevent these necessary public works, the aim of the report and any consequential changes in the law which might result from its proposals are designed to facilitate those public works by providing for a clear and fair system of land acquisition, compensation and resettlement for those people who will be required to leave their homes and land for the greater public good in order that the public works can be carried out. Where people are satisfied that they have been treated fairly, they will be more likely to co-operate in being moved from their homes and this will facilitate the execution of the public works.Publication Environmental and Gender Impacts of Land Tenure Regularization in Africa : Pilot Evidence from Rwanda(2011-08-01)Although increased global demand for land has led to renewed interest in African land tenure, few models to address these issues quickly and at the required scale have been identified or evaluated. The case of Rwanda's nation-wide and relatively low-cost land tenure regularization program is thus of great interest. This paper evaluates the short-term impact (some 2.5 years after completion) of the pilots undertaken to fine-tune the approach using a geographic discontinuity design with spatial fixed effects. Three key findings emerge from the analysis. First, the program improved land access for legally married women (about 76 percent of married couples) and prompted better recordation of inheritance rights without gender bias. Second, the analysis finds a very large impact on investment and maintenance of soil conservation measures. This effect was particularly pronounced for female headed households, suggesting that this group had suffered from high levels of tenure insecurity, which the program managed to reduce. Third, land market activity declined, allowing rejection of the hypothesis that the program caused a wave of distress sales or widespread landlessness by vulnerable people. Implications for program design and policy are discussed.Publication Sri Lanka : Land and Conflict in the North and East(World Bank, Washington, DC, 2007-07-01)This report analyzes land issues in Sri Lanka, which cannot be seen in isolation from the ethnic and political conflict and, at the same time, even though land conflict is often linked with the ethnic conflict in Sri Lanka, a large number of land conflicts in the North and East can be resolved prior to a full and national political solution to the ethnic situation. This report analyzes constraints and opportunities for an effective governance framework for land access and land tenure security in the conflict-affected areas of Sri Lanka, develops a comprehensive typology of land-related conflicts to inform policy dialogue and to identify types of conflict that may be resolvable in the current situation and to distinguish them from those which are not, identifies policy criteria to further ensure a conflict-sensitive approach in a post-conflict and post-tsunami context whereby regional, religious and ethnic balances in the allocation and/or restitution of land and property rights are to be addressed. The report synthesizes existing studies, mainly qualitative assessments of limited scope and outreach, but a more in-depth quantitative assessment may be conducted later on, when the political situation is conducive to do so.Publication Uganda - Post-Conflict Land Policy and Administration Options : The Case of Northern Uganda(World Bank, 2009-05-25)This is the second part of land studies on Northern Uganda designed to inform the Peace, Recovery and Development Plan (PRDP). This second part of the study, undertaken during the second half of 2007 in the Lango and Acholi regions, builds on the first phase conducted in 2006 in the Teso region. This second study has been designed to present a more quantitative analysis of trends on disputes and claims on land before displacement, during displacement and on return of Internally Displaced Persons (IDPs) in the greater conflict areas of Acholi and Lango regions. The study found that the return from IDP camps to original homes was progressing with varied results tied to the length of time spent in the camps, from 5 to 15 years. About 85 percent of the respondents had experienced threats to tenure security, and many felt these threats were significant. Misgivings exist about the Central Government's intentions towards land. Disputes mainly occurred on land abandoned upon displacement, with border disputes being the most prevalent. The study also looked into land administration, land titling and registration, extremely vulnerable individuals, and legal loopholes. It gives several recommendations, both immediate and long term actions, which can be incorporated and implemented as part of the PRDP.Publication Expanding Women's Access to Land and Housing in Urban Areas(World Bank, Washington, DC, 2014)Evidence is mounting that secure property rights have positive effects for poor people in general and women in particular. The aim of this report is to review what is known about women s access to and control over land and real property in urban settings, identifying approaches to strengthening property rights that enhance women s agency, and sharing key lessons. Section two synthesizes the evidence on urban women s priorities with respect to land and housing; the factors that influence women s access to and control over land and secure tenure, including legal and institutional frameworks and social relationships, especially within the family; and what is known about the extent to which women have access to, control over and use of urban land and housing, and through what forms of tenure. In section three, recent reform of laws, policies and practices to meet the needs of poor people in urban areas, especially women, will be assessed. Section four provides a short discussion of some of the strategies, tactics and alliances that are being adopted to bring about legal reforms and to influence the content, design and implementation of programs in urban areas. The report draws on successive research projects by the author and her colleagues on land and housing markets and policies, urban livelihoods, and urban politics and governance in a variety of contexts, in particular Rakodi (2010).
Users also downloaded
Showing related downloaded files
Publication Kyrgyz Republic Country Climate and Development Report(Washington, DC: World Bank, 2025-11-03)This Country Climate and Development Report (CCDR) on the Kyrgyz Republic aims to support the country’s development goals amid a changing climate. The CCDR considers two policy scenarios up to 2050: the business-as-usual (BAU) and high-growth scenarios. As it quantifies the likely impacts of climate change on the Kyrgyz economy between now and 2050, the report highlights key government actions to best prepare for and adapt to climate impacts (referred to as “with adaptation” measures), with a particular focus on the time horizon up to 2030. The CCDR also outlines a path to net zero emissions by 2050 (referred to as “with mitigation” measures, “decarbonization,” or, simply, “net zero 2050”), highlighting associated development co-benefits.Publication Taxes, Spending, and Equity: International Patterns and Lessons for Developing Countries(Washington, DC: World Bank, 2025-11-17)Taxes and public spending underpin the basic administration of government and finance the human capital and infrastructure investments needed for economic growth. They can also have a significant and immediate impact on poverty and inequality. The question of how public finance can support longer-term growth objectives while promoting equity has become even more important in recent years, given the high fiscal deficits and debt levels most countries emerged with in the aftermath of the COVID-19 pandemic. These included the increasing cost of debt and the need to restart environmentally sustainable growth while helping households address the learning losses and other social scars caused by the pandemic. This paper examines the global evidence on which households pay which taxes and who benefits from what spending, and critically, the net effect on different households across the income distribution. The aim is to identify the patterns and lessons that emerge for designing progressive fiscal policies. A global dataset of 96 countries is assembled, spanning all regions of the world and all national income levels, grounded in the Commitment to Equity (CEQ) approach to fiscal incidence.Publication Forced Displacement, Gender, and Livelihoods(Taylor and Francis, 2025-01-15)This study uses the Ethiopia Skills Profile Survey (2017) to examine the gender differences in livelihood opportunities and activities between refugees and host communities. The results show a significant gender gap in participation in the labour market where refugee and host women are less likely to have employment, and that household characteristics influence women’s economic opportunities. While having a female household head, access to agricultural land, and additional female adults increase both refugee and host female’s participation in economic activities, higher numbers of children in the household significantly reduce refugee women’s opportunities. In addition, higher educational attainment boosts both male and female refugees’ participation in wage employment. Among refugees, both female and male Somali refugees have relatively better access to employment opportunities compared to other refugee groups, especially refugees from South Sudan and Sudan.Publication Direct and Indirect Impacts of Transport Mobility on Access to Jobs: Evidence from South Africa(Washington, DC: World Bank, 2025-11-12)Access to jobs is essential for economic growth. In Africa, unemployment rates are notably high. This paper reexamines the relationship between transport mobility and labor market outcomes, with a particular focus on the direct and indirect effects of transport connectivity. As predicted by theory, wages are influenced by the level of commuting deterrence. Generally, higher earnings are associated with longer commute times and/or higher commuting costs. Local accessibility is also important, especially for individuals with time constraints. Both direct and indirect impacts are found to be significant in South Africa, where job accessibility has been challenging since the end of apartheid. For the direct impact, the wage elasticity associated with commuting costs is significant. Returns on commute are particularly high for women. Local accessibility to socioeconomic facilities, such as shops and health services, is also found to have a significant impact, consistent with the concept of mobility of care. To enhance employment, therefore, it is crucial to connect people not only to job locations but also to various socioeconomic points of interest, such as markets and hospitals, in an integrated manner. This integration will enable individuals to spend more time working and commuting longer distances.Publication Digital Africa(Washington, DC: World Bank, 2023-03-13)All African countries need better and more jobs for their growing populations. "Digital Africa: Technological Transformation for Jobs" shows that broader use of productivity-enhancing, digital technologies by enterprises and households is imperative to generate such jobs, including for lower-skilled people. At the same time, it can support not only countries’ short-term objective of postpandemic economic recovery but also their vision of economic transformation with more inclusive growth. These outcomes are not automatic, however. Mobile internet availability has increased throughout the continent in recent years, but Africa’s uptake gap is the highest in the world. Areas with at least 3G mobile internet service now cover 84 percent of Africa’s population, but only 22 percent uses such services. And the average African business lags in the use of smartphones and computers as well as more sophisticated digital technologies that catalyze further productivity gains. Two issues explain the usage gap: affordability of these new technologies and willingness to use them. For the 40 percent of Africans below the extreme poverty line, mobile data plans alone would cost one-third of their incomes—in addition to the price of access devices, apps, and electricity. Data plans for small- and medium-size businesses are also more expensive than in other regions. Moreover, shortcomings in the quality of internet services—and in the supply of attractive, skills-appropriate apps that promote entrepreneurship and raise earnings—dampen people’s willingness to use them. For those countries already using these technologies, the development payoffs are significant. New empirical studies for this report add to the rapidly growing evidence that mobile internet availability directly raises enterprise productivity, increases jobs, and reduces poverty throughout Africa. To realize these and other benefits more widely, Africa’s countries must implement complementary and mutually reinforcing policies to strengthen both consumers’ ability to pay and willingness to use digital technologies. These interventions must prioritize productive use to generate large numbers of inclusive jobs in a region poised to benefit from a massive, youthful workforce—one projected to become the world’s largest by the end of this century.