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ELEMENTS OF CONTEXT
HISTORY OF CITIES – HERITAGE
RIGHT TO HOUSING
Since 1992 – Article 17 of the Constitution:
Education, instruction, formation, work, housing, leisure, health and social protection rights are recognized.
Source: CETIM (publication COHRE)
In Mali, the land law is divided into land right Republican (land belonging to the state) and customary tenure.
The land area of the state is explained (Order 00-027) by sections 2b and 28b. Under section 2b, we find the list of buildings registered, unregistered and chattels owned by the state. Under section 28b are specified lands belonging to unregistered land area of the state. These articles showing that unregistered land on which exercise customary rights of use or disposition, individual or collective, are the private property of the State. This means that the state can have no report to anyone other words, the state owns the land.
The rights of chiefs: the Act confirms the customary rights over unregistered land and gives some sort of right to users, so that the state should use the bleed procedure if he recover these lands. Ordinance 00-027, in Article 43 confers rights on land to chiefs : “customary rights exercised collectively or individually on unregistered land are confirmed. No individual, no community can not be forced to assign its rights if it is in the public interest and with fair and prior compensation. No one can make use prohibited by law or regulations”. State reaffirms the superiority of republican law on customary law, as it has the power to expropriate for public purposes. However, Article 44-4 appears to restrict the right of expropriation, “the chiefs who govern, according to custom, the use of such land by families or individuals, can in no case avail himself of their function claim other rights on the ground, other than those resulting from their personal use in accordance with custom.” It appears that the customary law are limited only to exploitation rights, it is not a question of right of disposal . This therefore excludes the possibility of selling the plots. However, the sale of plots by the chiefs is a common practice.
Source: Legal Guide – Natural Resources, communities, territories, PACT Mali, in collaboration with partners.
SOME INTERESTING PRACTICES
Social and economic aspects
QUALITY OF HOUSING
INFORMAL HOUSING / SLUM / HOMELESS
ROLE OF PUBLIC AUTHORITIES
Cultural aspects – Religious – Symbolic
Bibliography & Sitography
MAJOR PROBLEMS BY CIVIL SOCIETY
CLAIMS MAJOR CIVIL SOCIETY
CIVIL SOCIETY ACTORS
ASSOCIATION OF MALI EVICTED – AME = The association is responsible for providing reception, assistance and guidance to deportees who arrive at the airport and needy without being able to contact their families. The association establishes legal assistance in their favor so that they recover their property, abandoned in the deporting countries they cover and their rights. Website
ASSOCIATION OF REJECTED IN CENTRAL AFRICA MALI – ARACEM = Collect and receive all the returned / deported nationals living in Central Africa West Africa in order to strengthen solidarity and mutual aid. Objectives: Support repressed / deported denounce violations of Human Rights and discrimination, encourage and facilitate the voluntary return of migrants to their countries of origin, educate the candidate on immigration risks, dangers, and the consequences of the illegal route. Website