农村集体土地制度的宪法解释

八二宪法的集体土地制度包括所有权层面和使用权层面。无论是五四宪法还是八二宪法,从农民土地所有权到集体土地所有权的变化无非是国家管理农村经济手段的变化。但八二宪法的土地承包经营权之确立既带有国家管理手段变化的色彩,也带有基本权利的色彩。土地承包经营权的出现与自留地的保留一样,也是农民用生存权进行抗争的结果。因为其生存权属性,土地承包经营权具有对抗国家性,当然这种对抗国家性是伴随着现代法治观念的传播逐渐增强的。同时,由于其内在缺陷,生存权无法完全有效对抗国家权力,农村土地承包经营权需要从生存权本质转向自由权本质。     

论程序参与原则在刑事诉讼管辖中的制度实现－兼论刑事诉讼管辖中的当事人权利保障

程序参与是诉讼主体理论在刑事诉讼中的贯彻与反映,是落实诉讼民主,维持诉讼结构平衡的现实需要。把握程序参与原则的内涵和实质要求并予以程序实现,也是管辖冲突的有效解决与管辖制度完善应予解决的问题。在管辖制度设置上应为当事人提供足够的程序参与机会,保证诉讼当事人及其代表对管辖事项的知情权,在管辖权确定过程中赋予诉讼当事人一定的异议权,在管辖权确定程序产生相关裁定或决定后,应该赋予诉讼当事人相关的救济途径。     

Identification and analysis of smallholder producers’ constraints: applications to Tanzania and Uganda

This article puts forward a method for the analysis of constraints faced by developing countries’ smallholder producers. It is consistent with theories of constraints, efficient in terms of cost and researchers’ time, and accessible to a non-technical audience. A hybrid of workshop discussion and individual data collection, it also draws on data and analyses available in most developing countries. The article presents an application to smallholder livestock systems in Tanzania and Uganda, reporting results and analysis relating constraints to households’ characteristics and conditions, and their stated goals. While limitations are identified, it is proposed for application in other development fields.     

Basic education clusters in Cambodia: looking at the future while learning from the past

School clusters have been adopted as an education policy by most Asian countries since the 1960s. In Cambodia, primary schools have been organised in clusters since 1993. Clusters were considered a mechanism for quality improvements of education and a way to facilitate sharing and interaction between schools. Primary school clusters have been partially successful. Today there is a growing interest among Cambodian policymakers for integrating primary schools (Grades 1–6) and lower secondary schools (Grades 7–9). This article provides a policy suggestion by arguing for extending the cluster mechanism to these integrated basic education schools with all grades from 1 to 9.     

Livelihood recovery after disaster

A lack of monitoring and evaluation on the outcomes of livelihood recovery programming has typified many post-disaster recovery initiatives. This article uses a case study of the 2006 Yogyakarta, Indonesia earthquake to analyse longer-term impacts of livelihood programming after disaster. The article includes an overview of the programming implemented in five case study villages and the perspectives of impacted populations on the livelihood interventions. Results indicate the importance of longer-term programming, early interventions, local leadership, and an integrative strategy focusing on replacing assets, providing capital and credit to jumpstart entrepreneurial activities, capacity and skills building, and developing markets and networks.     

Increasing access to rural maternal health services in Zambia through demand-side interventions

This paper examines a demand-side intervention that significantly increased access to maternal health services in rural Zambia in a context where skilled birth attendance rates had been stagnant for over two decades. Aspects of the intervention design that were crucial to the programme's success were the participatory and adult learning-centred approach used to mobilise intervention communities, the use of a community volunteer model, and the design's sensitivity and responsiveness to underlying social factors and problems. The demand-side intervention is already being scaled up in six districts, and is highly suitable for national level scale-up.     

The ILO Social Protection Floors Recommendation 202, and poverty reduction

This article critically assesses the provisions of ILO Recommendation 202 on social protection floors with a view to ascertaining its efficacy for poverty reduction in poor regions. The article discusses the relevant provisions of the Recommendation and how states, particularly those in developing regions, can translate them to a tool for poverty reduction. The article highlights some of the deficiencies of ILO Recommendation 202 and provides some suggestions for ways forward.     

Farmer-to-farmer extension: opportunities for enhancing performance of volunteer farmer trainers in Kenya

Farmer-to-farmer extension (FFE) is playing a complementary role to formal extension services in facilitating the spread of agricultural technologies and improving farmers’ capacities. The effectiveness and sustainability of such programmes depend on volunteer farmer trainers (VFTs) having technical skills and overcoming process-related challenges that hinder them from achieving the desired outcomes. This article uses quantitative and qualitative data collected from seven sites to explore the challenges experienced by VFTs as they share their knowledge on livestock feed innovations in a dairy development project in Kenya. Sustainable opportunities for enhancing VFTs’ performance are discussed.     

Participatory cooperative research: for the people,by the people,with the people

Participatory research with cooperatives, which are people-owned businesses, would seem a natural option. However, there is little discussion evident in this area, with risks of research instead bypassing the perspective of members. This article discusses two dairy farmer cooperatives in rural Kenya. It looks at how, even where research is directed and controlled by others (e.g. funders), it can still be undertaken with cooperatives in a participatory way. This is essential to preserving values and principles linked to member participation and decision-making, as well as of self-help and self-responsibility. Participatory approaches also provide interesting insights into the way cooperatives operate.     

Productive power in the Papua New Guinea church partnership programme

This article analyses the strategy of partnership governing the Papua New Guinea Church Partnership Program (CPP). Using a governmentality lens that sees power as having a productive aspect, it focuses on how the technologies of financial management and planning, monitoring, and evaluation (PME) are taken up by the churches. Fieldwork research reveals how, in conforming to the discipline of these technologies to fulfil the partnership requirements, skilful and pragmatic individuals utilise the same technologies to empower their churches to enact their theology on development. For partnerships to work, the space must be created for such productive power to flourish.