scholarly journals ‘We Owned the Land Before the State Was Established’: The State, Traditional Authorities, and Land Policy in Africa

2021 ◽  
pp. 41-64
Author(s):  
Horman Chitonge
Keyword(s):  
Population Growth ◽  
Policy Reform ◽  
The State ◽  
Land Policy ◽  
Policy Reforms ◽  
Traditional Leaders ◽  
Increasing Demand ◽  
Traditional Authorities ◽  
Customary Land ◽  
Land Policies

AbstractThis chapter looks at the land policy reform challenges in Africa, focusing on the struggle between the state and traditional leaders over the control of customary land. The governance of customary land is one of the most contentious land issues in Africa. As many African governments seek to reform land policies in order to respond to the challenges of population growth and urbanisation leading to the increasing demand for land, the proposed reforms are often challenged by traditional leaders who see the reforms as a ploy to undermine their authority over customary land. It is argued in this chapter that, while the state sometimes attempts to co-opt traditional leaders into cooperating with it, this alliance often does not hold for long, especially when traditional leaders sense that their interests are being undermined by proposed land policy reforms. Drawing from the Zambian experience, the chapter shows that although the state, as a sovereign entity, has the authority over all land under its territory, the situation is complicated by the fact that traditional leaders also assert authority over customary land. This situation sometimes leads to contestations that often frustrate the formulation and implementation of land policy reforms.

Political Economy of Land Policy Reform and Governance in Nigeria

2021 ◽  
pp. 213-230
Author(s):  
Abiodun Elijah Obayelu ◽  
Kamilu Kolade Bolarinwa ◽  
Olalekan Oyekunle
Keyword(s):  
Political Economy ◽  
Agricultural Land ◽  
Policy Reform ◽  
Economic Effects ◽  
Land Policy ◽  
Policy Reforms ◽  
Land Dispute ◽  
Land System ◽  
Political Conflicts ◽  
Combination Of Methods

Land is the most important asset of farmers that plays an indispensable role in agricultural production. Nigerian land system has strong social and cultural attraction making it difficult to separate from political, social, cultural, and economic effects. Politics and the process of politicking influence the course and outcome of government decision on land policy. This study examines the political economy of agricultural land policy reforms and governance in Nigeria. The study used a combination of methods, such as expository, comparative, and case analysis. Findings showed that land issues are delicate, demanding careful attention to avoid social or political conflicts. Politicization of land is a major cause of land dispute but with good land governance, land policy reform become easier to implement. Political will of government is crucial for land policy to succeed. Transparent, fair, and equitable land policy is necessary to continue on the path of peace, stability, and increase agricultural productivity.

scholarly journals Whose security? Deepening social conflict over ‘customary’ land in the shadow of land tenure reform in Malawi

2007 ◽  
Vol 45 (3) ◽  
pp. 447-472 ◽  
Author(s):  
Pauline E. Peters ◽  
Daimon Kambewa
Keyword(s):  
Land Tenure ◽  
Land Policy ◽  
Rural Populations ◽  
High Population Density ◽  
Tenure Reform ◽  
Public Debates ◽  
Community Variability ◽  
Traditional Authorities ◽  
Customary Land

ABSTRACTMalawi, like other countries in Africa, has a new land policy designed to clarify and formalise customary tenure. The country is poor with a high population density, highly dependent on agriculture, and the research sites are matrilineal-matrilocal, and near urban centres. But the case raises issues relevant to land tenure reform elsewhere: the role of ‘traditional authorities’ or chiefs vis-à-vis the state and ‘community’; variability in types of ‘customary’ tenure; and deepening inequality within rural populations. Even before it is implemented, the pending land policy in Malawi is intensifying competition over land. We discuss this and the increase in rentals and sales; the effects of public debates about the new land policy; a new discourse about ‘original settlers’ and ‘strangers’; and political manoeuvring by chiefs.

scholarly journals Dilemma of customary land policy in Indonesia

2019 ◽  
Vol 32 (2) ◽  
pp. 134 ◽  
Author(s):  
Aura Dian Marta ◽  
Utang Suwaryo ◽  
Affan Sulaeman ◽  
Leo Agustino
Keyword(s):  
Indigenous People ◽  
Local Level ◽  
Customary Law ◽  
Land Policy ◽  
Literature Study ◽  
East Kalimantan ◽  
Land Regulation ◽  
The Government ◽  
Customary Land ◽  
Land Policies

Indonesia’s policy of customary land regulation does not eradicate the problems faced by indigenous people. Disputes over customary land proprietary rights continue to occur even in this current era of decentralization and democracy. Departing from empirical phenomena, this study aims to uncover customary land policy dilemmas and explore strategies to reconstruct customary land policies in Indonesia. This study uses a qualitative approach to literature study methods. This study was conducted in Indonesia and uses various cases of customary land policy from the provinces of Riau, East Kalimantan, and Papua. The data collected in this study is derived from books, documents, journals, research results, and news in electronic media. The results of the study show that Indonesia has a policy dilemma in the regulation of customary land for a number of reasons. First, customary land policies governed by customary law and national law often result in disputes. Second, in relation to natural resources management, there is no synchronization and harmony between sectoral laws and the Basic Principles of Agrarian Law (UUPA). Third, the government is yet to create policies at the local level regarding the protection and recognition of customary land. Therefore, the ideal strategy of policy reconstruction is to create a synergy between government institutions and all stakeholders in the policymaking process of customary land regulation. The conclusion of this study is that the policy dilemma of customary land in Indonesia will continue to occur if the government does not involve the participation of indigenous people and groups of interest in the policymaking process of customary land regulation.

scholarly journals Rekonstruksi Kebijakan Tanah Eks Kerajaan Di Indonesia Berbasis Nilai Keadilan Sosial (Studi Kasus Tanah Eks Kerajaan Di Bali)

2019 ◽  
Vol 5 (2) ◽  
pp. 195-207
Author(s):  
Iga Gangga Santi Dewi
Keyword(s):  
Land Rights ◽  
The State ◽  
Land Policy ◽  
Land Acquisition ◽  
Whole Process ◽  
The People ◽  
Private Rights ◽  
New Construction ◽  
Land Policies ◽  
The Ideal

Abstract: The phenomenon of substantive injustice related to the kingdom land policy of in the Dictum IV letter A of the UUPA which states that “The rights and authorities of the land and water of the Swapraja or former Swapraja (kingdom) which still exist at the time of entry into force of this law are removed and transferred to the State”, is an injustice felt by former kingdom, considering that land rights are private rights that cannot be taken arbitrarily. This happened also because there was no proper compensation for the loss of the rights of their comfort in life due to arbitrary land acquisition by the state. Land Office must be a progressiveminded office which is able to interpret which laws need to be applied to realize substantial justice and which laws already contain justice. The ideal new construction of the concept of justice in former kingdom land policies based on progressive law is nothing but to realize substantial justice. The whole process of the operation of the legal implementation instrument (Land Office) must be verifiable into the factors of justice, welfare, concern for the people and others, all of which has been contained in the values   of Pancasila. Intisari: Fenomena ketidakadilan substantif terkait kebijakan tanah eks kerajaan dalam Diktum IV huruf A UUPA bahwa “Hak-hak dan wewenang-wewenang atas bumi dan air dari Swapraja atau bekas Swapraja (kerajaan) yang masih ada pada waktu mulai berlakunya undang-undang ini hapus dan beralih kepada Negara”, merupakan ketidakadilan yang dirasakan oleh pihak eks kerajaan mengingat hak atas tanah adalah hak pribadi yang tidak boleh diambil sewenang-wenang. Hal ini terjadi juga karena tidak diberikannya ganti rugi yang layak atas kehilangan hak-hak kenyamanan kehidupan mereka akibat pengambilalihan tanah secara sewenang-wenang oleh negara.  Kantor Pertanahan harus berpikiran progresif yang mampu menafsirkan mana hukum yang perlu diterapkan untuk mewujudkan keadilan substansial dan mana hukum yang sebenarnya sudah mengandung keadilan. Konstruksi baru yang ideal yaitu  konsep keadilan dalam kebijakan tanah eks kerajaan berbasis hukum progresif, tidak lain adalah untuk mewujudkan keadilan substansial. Seluruh proses bekerjanya instrumen pelaksana hukum (Kantor Pertanahan) tersebut harus bisa diverifikasi ke dalam faktor-faktor keadilan, kesejahteraan, kepedulian kepada rakyat, yang kesemuanya itu telah terkandung dalam nilai-nilai Pancasila. 

The Evolution of an SLPA Program

2009 ◽  
Vol 10 (1) ◽  
pp. 4-11
Author(s):  
Susan Sparks ◽  
Lisa Van Horne
Keyword(s):  
The State ◽  
Online Discussions ◽  
Speech Language Pathology ◽  
Speech Language Pathologists ◽  
Assigned Reading ◽  
Language Pathology ◽  
Strict Compliance ◽  
Increasing Demand

Abstract There is an increasing demand for qualified individuals available in our profession. One answer to this crisis is to hire trained speech-language pathology assistants (SLPAs) to assist speech language pathologists (SLPs). Shoreline Community College's SLPA program was created in response to the shortage of fully trained SLPs. The program is designed in strict compliance with ASHA's guidelines (ASHA, 2004). Students attend lectures remotely, complete assigned reading, take quizzes, engage in in-class and online discussions, turn in assignments, and take exams without ever having to commute to the Shoreline campus. This allows students from across the state to complete their education while continuing to live and work in their communities.

scholarly journals Rwanda’s Land Policy Reform: Self-Employment Perspectives from a Case Study of Kimonyi Sector

Land ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 117
Author(s):  
Mireille Mizero ◽  
Aristide Maniriho ◽  
Bosco Bashangwa Mpozi ◽  
Antoine Karangwa ◽  
Philippe Burny ◽  
...  
Keyword(s):  
Rural Areas ◽  
Policy Reform ◽  
Binary Logistic Regression ◽  
Literacy Skills ◽  
Land Policy ◽  
Binary Logistic Regression Analysis ◽  
Self Employment ◽  
Expropriation Risk ◽  
Main Activity

Rwanda’s Land Policy Reform promotes agri-business and encourages self-employment. This paper aims to analyze the situation from a self-employment perspective when dealing with expropriation risk in rural areas. In this study, we conducted a structured survey addressed to 63 domestic units, complemented by focus groups of 47 participants from Kimonyi Sector. The binary logistic regression analysis revealed that having job alternatives, men heading domestic units, literacy skills in English, and owning land lease certificates (p < 0.05) are positively and significantly related to awareness of land expropriation risk. The decision of the head of the domestic unit to practice the main activity under self-employment status is positively influenced by owning a land lease certificate, number of plots, and French skills, while skills in English and a domestic unit’s size have a positive and significant influence on involvement in a second activity as self-employed. Information on expropriation risk has no significant effect on self-employment. The domestic unit survey revealed that 34.9% of the heads of domestic units only have one job, 47.6% have at least two jobs in their everyday life, 12.7% have a minimum of three jobs, and 4.8% are inactive. The focus group synthesis exposed the limits to self-employment ability and facilities.

scholarly journals PITFALLS OF TAXATION POLICY IN TRANSITION ECONOMIES

2001 ◽  
Vol 51 (1) ◽  
pp. 3-15
Author(s):  
R. P. Vranceanu ◽  
D. Daianu
Keyword(s):  
Fiscal Policy ◽  
Transition Economies ◽  
Transition Economy ◽  
Public Services ◽  
Optimal Level ◽  
The State ◽  
Policy Reforms ◽  
Taxation Policy ◽  
Cooperative Equilibrium ◽  
Global Performance

This paper develops two stylised models of the transition economy that challenge, to some extent, the conventional approach to policy reforms. In the first model, the absence of market-oriented institutions is responsible for the occurrence of a non-cooperative equilibrium, where the amount of public services provided by the state is too low, which, in turn, adversely affects the global performance of the economy. In the second model, a benevolent government will choose a taxation level that pushes too many firms out of the market; hence global supply falls below its optimal level. In both models, disruptions specific to transitional systems lead to abnormal responses to standard fiscal policy.

On the strategic goals, objectives and tools for the implementation of modern land policy

2021 ◽  
pp. 9-14
Author(s):  
V.N. Khlystun ◽  
Keyword(s):  
Russian Federation ◽  
The State ◽  
Land Policy ◽  
Land Relations ◽  
Strategic Goals ◽  
The Russian Federation

The article presents the author’s vision of the state of modern land relations and the main directions of their improvement on the basis of the proposed draft Doctrine of the land policy of the Russian Federation.

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