scholarly journals Land Law Reform and Complex State-Building Process in Rwanda

2021 ◽  
pp. 137-152
Author(s):  
Shinichi Takeuchi ◽  
Jean Marara

AbstractThis study sheds light on recent land law (land tenure) reform in Rwanda by examining its close and complex relations with state-building. By prioritising land law reform and receiving strong support from external funding agencies, the post-civil warRwanda became the first African country to complete land registration throughout its territory. Land law reform should be considered a part of the radical interventions in rural areas frequently implemented by the Rwandan Patriotic Front-led government and, therefore, has been closely connected to its aspiration to reinforce the existent political order. The government has utilised reform and external financial support for this purpose. However, despite the success of the one-time land registration, Rwanda has encountered serious difficulties in institutionalising sustainable registering systems since transactions of land have been recorded only in exceptional cases. Additionally, it suggests that the government does not have a strong incentive to collect accurate information about properties in rural areas. The widening gap between recorded information and the real situation may affect land administration, which is of tremendous importance to Rwanda and, thus, possibly undermine state control over society.

2014 ◽  
Vol 57 (1) ◽  
pp. 115-130 ◽  
Author(s):  
Ambreena Manji

Abstract:This article provides a critique of the final stages of Kenya’s land law reform process, which has resulted in the approval of the 2012 Land Act, Land Registration Act, and National Land Commission Act. It argues that in spite of the constitutional and political importance of the new legislation, the process was marked by haste, lack of engagement by legislators, and little participation by citizens. The new laws can be viewed as a deeply disappointing outcome of a decade’s struggle over land policy. The article explores the effects of the constitutional deadlines for new legislation; the contradictory role of civil society in relation to the new laws and the bureaucratic structures they create; and the redistributive intentions and potential of the new land legislation.


2018 ◽  
Vol 56 (2) ◽  
pp. 189-216 ◽  
Author(s):  
Catherine Boone

AbstractLand law reform through registration and titling is often viewed as a technocratic, good-governance step toward building market economies and depoliticising land transactions. In actual practice, however, land registration and titling programmes can be highly partisan, bitterly contentious, and carried forward by political logics that diverge strongly from the market-enhancing vision. This paper uses evidence from Côte d'Ivoire to support and develop this claim. In Côte d'Ivoire after 1990, multiple, opposing political logics drove land law reform as it was pursued by successive governments representing rival coalitions of the national electorate. Between the mid-1990s and 2016, different logics – alternatively privileging user rights, the ethnic land rights of autochthones, and finally a state-building logic – prevailed in succession as national government crafted and then sought to implement the new 1998 land law. The case underscores the extent to which deeply political questions are implicated in land registration and titling policies.


2018 ◽  
Vol 54 (01) ◽  
pp. 1850001
Author(s):  
FU LAI TONY YU

This study attempts to explain China’s industrial development with special reference to e-commerce. It argues that in a one-party autocratic regime such as China, the collaboration between government officials and private entrepreneurs in strategic industries can promote industrial growth. Since Internet can jeopardize communist party’s goal of maintaining cohesiveness and absolute political power, the Chinese government has imposed surveillance on private operation in all IT operations. Specifically, in e-commerce industry, through collaborations with private enterprises, the communist party can “kill two birds in one arrow.” On the one hand, party members are able to preserve national security and maintain social and financial stability by closely monitoring the private enterprise operation. Moreover, party members can seize tangible and non-tangible benefits from the growth in e-commerce firms. On the other hand, private e-commerce enterprises, by building close connection with public officials and senior party members, can obtain strong support from the government, and thus boosting its business growth. This argument is applied to explain the miraculous growth of Alibaba Group, a private e-commerce enterprise in China. In particular, the paper attempts to show the relationship between the Chinese government and the private entrepreneur in the e-business development and how their collaboration enhances growth in the Internet market.


Author(s):  
Gilberto Hochman

Since the early 20th century, Brazilian public health has focused on rural areas, the people living there, and the so-called endemic rural diseases that plague them. These diseases—particularly malaria, hookworm, and Chagas disease—were blamed for negatively affecting Brazilian identity (“a vast hospital”) and for impeding territorial integration and national progress. For reformist medical and intellectual elites, health and educational public policies could “save” the diseased, starving, and illiterate rural populations and also ensure Brazil’s entry into the “civilized world.” In the mid-20th century, public health once again secured a place on the Brazilian political agenda, which was associated with the intense debates about development in Brazil in conjunction with democratization following World War II (1945–1964). In particular, debate centered on the paths to be followed (state or market; nationalization or internationalization) and on the obstacles to overcoming underdevelopment. A basic consensus emerged that development was urgent and should be pursued through modernization and industrialization. In 1945, Brazil remained an agrarian country, with 70 percent of the rural population and a significant part of the economy still dependent on agricultural production. However, associated with urbanization, beginning in the 1930s, the Brazilian government implemented policies aimed at industrialization and the social protection of organized urban workers, with the latter entailing a stratified system of social security and health and social assistance. Public health policies and professionals continued to address the rural population, which had been excluded from social protection laws. The political and social exclusion of this population did not change significantly under the Oligarchic Republic (1889–1930) or during Getúlio Vargas’s first period in office (1930–1945). The overall challenge remained similar to the one confronting the government at the beginning of the century—but it now fell under the umbrella of developmentalism, both as an ideology and as a modernization program. Economic development was perceived, on the one hand, as driving improvements in living conditions and income in the rural areas. This entailed stopping migration to large urban centers, which was considered one of the great national problems in the 1950s. On the other hand, disease control and even campaigns to eradicate “endemic rural diseases” aimed to facilitate the incorporation of sanitized areas in agricultural modernization projects and to support the building of infrastructure for development. Development also aimed to transform the inhabitants of rural Brazil into agricultural workers or small farmers. During the Cold War and the anti-Communism campaign, the government sought to mitigate the revolutionary potential of the Brazilian countryside through social assistance and public health programs. Health constituted an important part of the development project and was integrated into Brazil’s international health and international relations policies. In the Juscelino Kubitschek administration (1956–1961) a national program to control endemic rural diseases was created as part of a broader development project, including national integration efforts and the construction of a new federal capital in central Brazil (Brasilia). The country waged its malaria control campaign in conjunction with the Global Malaria Eradication Program of the World Health Organization (WHO) and, to receive financial resources, an agreement was signed with the International Cooperation Agency (ICA). In 1957 malaria eradication became part of US foreign policy aimed at containing Communism. The Malaria Eradication Campaign (CEM, 1958–1970) marked the largest endeavor undertaken by Brazilian public health in this period and can be considered a synthesis of this linkage between development and health. Given its centralized, vertical, and technobureaucratic model, this project failed to take into account structural obstacles to development, a fact denounced by progressive doctors and intellectuals. Despite national and international efforts and advances in terms of decreasing number of cases and a decline in morbidity and mortality since the 1990s, malaria remains a major public health problem in the Amazon region.


2014 ◽  
Vol 46 (1) ◽  
pp. 167-193 ◽  
Author(s):  
Pauline E. Peters
Keyword(s):  
Land Law ◽  

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