Kenya like most of sub-Saharan Africa is reliant predominantly on agriculture and natural resources;which include land, water, minerals and fisheries, but the most dominant of which </span></span><span&...Kenya like most of sub-Saharan Africa is reliant predominantly on agriculture and natural resources;which include land, water, minerals and fisheries, but the most dominant of which </span></span><span><span><span>are</span></span></span><span><span><span> wildlife and forestry. Unlike minerals which are by law vested in the government and can only be extracted by it and not the citizenry, wildlife and forestry are resources that the citizens may utilize in their day to day lives to meet their needs. Apart from their consumptive uses, there are also non-consumptive uses and values of wild animals and forests;such as their intrinsic ecological value as gene banks, as well as their scenic value for viewing. These are essentially conventional values and uses. They are largely formal and universal ones that are universally obtaining across </span></span></span><span><span><span>the </span></span></span><span><span><span>world irrespective of the levels of civilization or cultural identity, and </span></span></span><span><span><span>are </span></span></span><span><span><span>even compatible with modernity. Apart from these, there are some wildlife and forestry uses </span></span></span><span><span><span>which</span></span></span><span><span><span> </span></span></span><span><span><span>are </span></span></span><span><span><span>unique to the typical African way of life as part of old traditional customs that have existed from earlier times. These are what are in this paper referred to as “traditional customary uses”. These uses are largely informal, rudimentary and archaic. They are nevertheless critical in the endemic African way of life and represent the inextricable rudimentary technologically bereft relationship between the African people and their natural resources. Under the country’s existing laws, some of these uses are prohibited and criminal sanctions prescribed to enforce their proscription, hence cannot be enjoyed or practiced. There are however others that the law</span></span></span><span><span><span> has</span></span></span><span><span><span> either expressly allowed, or not prohibited, hence may be lawfully enjoyed or practiced. These are what this paper has referred to as the legally permissible traditional customary uses;and are the ones that are its subject. As for wildlife, in the year 1977, the Kenya Government by a Legal Notice in the Kenya Gazette imposed a ban on all forms of hunting of wildlife. </span></span></span><span><span><span>The ban is still in force</span></span></span><span><span><span>. This therefore means that hunting is illegal, as legal prohibition has in effect prohibited all and any form of off-take or killing of wildlife. By implication therefore, under Kenyan law, only non-consumptive uses of wildlife may be enjoyed, and not the consumptive ones. These include viewing as well as socio-cultural and spiritual uses</span></span></span><span><span><span>.</span></span></span><span><span><span> In Kenya therefore, the only permissible traditional customary use of wildlife is its non-consumptive use for socio-cultural and spiritual purposes;subject of course to the existing legal prohibition on witchcraft under the Witchcraft Act</span></span></span><span><span><span> <span style="color:#943634;">(</span></span></span></span><span><span><span><a href="#ref53">Cap 67 Laws of Kenya</a></span></span></span><a href="file:///C:/Users/test.scirp/Desktop/%E6%96%B0%E5%BB%BA%20Microsoft%20Word%20%E6%96%87%E6%A1%A3.docx#R53"><span><span></span></span></a><span><span><span>)</span></span></span><span><span><span>. This piece of legislation has prohibited the practice and promotion</span></span></span><span><span><span> </span></span></span><span><span><span><span>of witchcra</span><span>ft. This in effect means that the socio-cultural and spiritual uses of wildlife though legally permissible, will be enjoyed, provided it is not for witchcraft purposes. With regard to forests, this author has identified the following five as their legally permissible traditional customary uses under Kenyan law: Socio-cultural and spiritual (consumptive and non-consumptive)</span><span> use, other than for witchcraft;use in herbal folk medicine, other than for witchcraft;use for human food and livestock fodder;use for firewood;and use as raw material in construction and traditional craft. Notably, in Kenya, traditional customary use is subject to the existing legal prohibition on witchcraft. Further, while it is the legally permissible use category that is the focus of this paper, the author nevertheless discusses the prohibited traditional customary uses as well. This paper is based on literature survey as well as data obtained from the author’s previous research whose primary data and findings have been published in recent times. It also draws from the documented research and diverse documented views of other commentators on the subject.展开更多
A number of the constitutions limit recognition of customary law to those customs and/or usages,which have the“force of law”in their respective territories.The question as to whether a custom has the“force of law”...A number of the constitutions limit recognition of customary law to those customs and/or usages,which have the“force of law”in their respective territories.The question as to whether a custom has the“force of law”may be variously interpreted depending upon whether it is the community,the courts,or the legislature,which has the power to identify when a custom becomes law.Determining just when a custom acquires the“force of law”is of much importance for its wider recognition and application.This in turn is linked to the question of proof of customary law.A key aspect of Papua New Guinea(PNG)’s approach is that it brought the multiplicity of regimes of different cultures under a national framework and has given a place to customary law which is now constitutionally recognized as superior to the inherited common law.It places the local and traditional over the inherited and imported law,with the constitution placed over both.In this paper I examine customary law as in the context of the PNG Constitution.展开更多
Deforestation issues are more problematic when indigenous(adat) communities,living within a forest,have lived there for many generations.These adat communities,who employ traditional land-use,are frequently accused of...Deforestation issues are more problematic when indigenous(adat) communities,living within a forest,have lived there for many generations.These adat communities,who employ traditional land-use,are frequently accused of encroaching on the forest.To understand existing and future trends in the spatial patterns of the expansion of traditional land-use and deforestation,we conducted a case study in the Kandilo Subwatershed using mixed methods with image interpretation,spatial modelling and sociocultural surveys to examine the interrelationships between physical conditions,community characteristics and traditional land-use expansion.We investigated community characteristics through household interviews,communication with key informants,and discussions with focusgroups.By using an area production model,we were able to analyze the effect of improved farming systems,policy intervention and law enforcement on traditional land-use expansion and deforestation.Based on our examination of a 20-year period of traditional land-use activities in adat forests,the evidence indicated that the steeper the slope of the land and the farther the distance from the village,the lower the rate of deforestation.Our study found that customary law,regulating traditional land-use,played an important role in controlling deforestation and land degradation.We conclude that the integration of land allocation,improved farming practices and enforcement of customary law are effective measures to improve traditional land productivity while avoiding deforestation and land degradation.展开更多
Village council is a socio-political organisation that is the connection between people who relate themselves to each other creates an arrangement of persons that makes unit.It is a part of the large social organisati...Village council is a socio-political organisation that is the connection between people who relate themselves to each other creates an arrangement of persons that makes unit.It is a part of the large social organisation which refers to the institution which maintains rules and regulation of the society.For instance,stability of every social structure is needed to have the connection between the people who relate themselves to each other creates an arrangement of persons that makes unit.The organisation stands for juridical rights of the people’s safeguard and these juridical obligations are inferred in them.Village organisation coincides as in most cases that villages act as territorial social as well as political unit.The Dimasas inhabited in plains of Assam also have their traditional village council which acts as a socio-political unit into their parochial life.In this paper,an attempt has been made to evaluate the function of village council for the maintenance of peace and smooth functioning of the socio-cultural life of the Dimasa Kacharis inhabiting in a rural context of Assam.展开更多
文摘Kenya like most of sub-Saharan Africa is reliant predominantly on agriculture and natural resources;which include land, water, minerals and fisheries, but the most dominant of which </span></span><span><span><span>are</span></span></span><span><span><span> wildlife and forestry. Unlike minerals which are by law vested in the government and can only be extracted by it and not the citizenry, wildlife and forestry are resources that the citizens may utilize in their day to day lives to meet their needs. Apart from their consumptive uses, there are also non-consumptive uses and values of wild animals and forests;such as their intrinsic ecological value as gene banks, as well as their scenic value for viewing. These are essentially conventional values and uses. They are largely formal and universal ones that are universally obtaining across </span></span></span><span><span><span>the </span></span></span><span><span><span>world irrespective of the levels of civilization or cultural identity, and </span></span></span><span><span><span>are </span></span></span><span><span><span>even compatible with modernity. Apart from these, there are some wildlife and forestry uses </span></span></span><span><span><span>which</span></span></span><span><span><span> </span></span></span><span><span><span>are </span></span></span><span><span><span>unique to the typical African way of life as part of old traditional customs that have existed from earlier times. These are what are in this paper referred to as “traditional customary uses”. These uses are largely informal, rudimentary and archaic. They are nevertheless critical in the endemic African way of life and represent the inextricable rudimentary technologically bereft relationship between the African people and their natural resources. Under the country’s existing laws, some of these uses are prohibited and criminal sanctions prescribed to enforce their proscription, hence cannot be enjoyed or practiced. There are however others that the law</span></span></span><span><span><span> has</span></span></span><span><span><span> either expressly allowed, or not prohibited, hence may be lawfully enjoyed or practiced. These are what this paper has referred to as the legally permissible traditional customary uses;and are the ones that are its subject. As for wildlife, in the year 1977, the Kenya Government by a Legal Notice in the Kenya Gazette imposed a ban on all forms of hunting of wildlife. </span></span></span><span><span><span>The ban is still in force</span></span></span><span><span><span>. This therefore means that hunting is illegal, as legal prohibition has in effect prohibited all and any form of off-take or killing of wildlife. By implication therefore, under Kenyan law, only non-consumptive uses of wildlife may be enjoyed, and not the consumptive ones. These include viewing as well as socio-cultural and spiritual uses</span></span></span><span><span><span>.</span></span></span><span><span><span> In Kenya therefore, the only permissible traditional customary use of wildlife is its non-consumptive use for socio-cultural and spiritual purposes;subject of course to the existing legal prohibition on witchcraft under the Witchcraft Act</span></span></span><span><span><span> <span style="color:#943634;">(</span></span></span></span><span><span><span><a href="#ref53">Cap 67 Laws of Kenya</a></span></span></span><a href="file:///C:/Users/test.scirp/Desktop/%E6%96%B0%E5%BB%BA%20Microsoft%20Word%20%E6%96%87%E6%A1%A3.docx#R53"><span><span></span></span></a><span><span><span>)</span></span></span><span><span><span>. This piece of legislation has prohibited the practice and promotion</span></span></span><span><span><span> </span></span></span><span><span><span><span>of witchcra</span><span>ft. This in effect means that the socio-cultural and spiritual uses of wildlife though legally permissible, will be enjoyed, provided it is not for witchcraft purposes. With regard to forests, this author has identified the following five as their legally permissible traditional customary uses under Kenyan law: Socio-cultural and spiritual (consumptive and non-consumptive)</span><span> use, other than for witchcraft;use in herbal folk medicine, other than for witchcraft;use for human food and livestock fodder;use for firewood;and use as raw material in construction and traditional craft. Notably, in Kenya, traditional customary use is subject to the existing legal prohibition on witchcraft. Further, while it is the legally permissible use category that is the focus of this paper, the author nevertheless discusses the prohibited traditional customary uses as well. This paper is based on literature survey as well as data obtained from the author’s previous research whose primary data and findings have been published in recent times. It also draws from the documented research and diverse documented views of other commentators on the subject.
文摘A number of the constitutions limit recognition of customary law to those customs and/or usages,which have the“force of law”in their respective territories.The question as to whether a custom has the“force of law”may be variously interpreted depending upon whether it is the community,the courts,or the legislature,which has the power to identify when a custom becomes law.Determining just when a custom acquires the“force of law”is of much importance for its wider recognition and application.This in turn is linked to the question of proof of customary law.A key aspect of Papua New Guinea(PNG)’s approach is that it brought the multiplicity of regimes of different cultures under a national framework and has given a place to customary law which is now constitutionally recognized as superior to the inherited common law.It places the local and traditional over the inherited and imported law,with the constitution placed over both.In this paper I examine customary law as in the context of the PNG Constitution.
基金financially supported with the cooperation between the Tropenbos International Indonesia Program and the Forestry Research and Development Agency of the Indonesian Ministry of Forestry
文摘Deforestation issues are more problematic when indigenous(adat) communities,living within a forest,have lived there for many generations.These adat communities,who employ traditional land-use,are frequently accused of encroaching on the forest.To understand existing and future trends in the spatial patterns of the expansion of traditional land-use and deforestation,we conducted a case study in the Kandilo Subwatershed using mixed methods with image interpretation,spatial modelling and sociocultural surveys to examine the interrelationships between physical conditions,community characteristics and traditional land-use expansion.We investigated community characteristics through household interviews,communication with key informants,and discussions with focusgroups.By using an area production model,we were able to analyze the effect of improved farming systems,policy intervention and law enforcement on traditional land-use expansion and deforestation.Based on our examination of a 20-year period of traditional land-use activities in adat forests,the evidence indicated that the steeper the slope of the land and the farther the distance from the village,the lower the rate of deforestation.Our study found that customary law,regulating traditional land-use,played an important role in controlling deforestation and land degradation.We conclude that the integration of land allocation,improved farming practices and enforcement of customary law are effective measures to improve traditional land productivity while avoiding deforestation and land degradation.
文摘Village council is a socio-political organisation that is the connection between people who relate themselves to each other creates an arrangement of persons that makes unit.It is a part of the large social organisation which refers to the institution which maintains rules and regulation of the society.For instance,stability of every social structure is needed to have the connection between the people who relate themselves to each other creates an arrangement of persons that makes unit.The organisation stands for juridical rights of the people’s safeguard and these juridical obligations are inferred in them.Village organisation coincides as in most cases that villages act as territorial social as well as political unit.The Dimasas inhabited in plains of Assam also have their traditional village council which acts as a socio-political unit into their parochial life.In this paper,an attempt has been made to evaluate the function of village council for the maintenance of peace and smooth functioning of the socio-cultural life of the Dimasa Kacharis inhabiting in a rural context of Assam.