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Managing Conflicts Over Land and Water Resources In Pangani River Basin
The study to facilitate the formulation of better policies and guidelines for managing resource use conflicts in plural legal systems, was prompted by current land and water reforms that are underway in most African countries. These reforms focus on the use of statutory legal systems to regulate the use of land and water resources.
However, all of these countries have a pluralistic legal system - land and water resources are regulated by different pieces of legislation and institutions, including statutory law, customary laws of the different ethnic groups and Islamic law. The diverse customary norms and laws are often more important than statutory law and are relied upon in resolving natural resource management conflicts.
In these countries, statutory laws regulate very few human activities. Neglect of customary laws may have negative consequences for individuals and groups who were better served by customarybased systems.
Authors: Ibrahim Juma, PhD; Sikitiko Kapile, M.A. ; Omari Wahure, M.A.