Colonial Origins of the Public Domain in Southern Somalia (1892–1912)

1978 ◽  
Vol 22 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Marco M. G. Guadagni

This essay is part of a study on the development of land law in Somalia from the end of the last century up to present times. In the following pages an attempt is made to illustrate some of the legal problems connected with the grafting of Western law onto an African land tenure system in a colonial setting. Originally agricultural development and exploitation was not the determining aim of the Italian occupation on the Indian Ocean Coast. In the early Italian plans for colonial expansion on the Horn of Africa, Somalia was primarily regarded as an important political and commercial area. The ultimate goal of these plans was the fertile lands of the Ethiopian plateau, towards which Eritrea and Somalia contained respectively, the Northern and Southern access routes. Occupation of the upper and lower regions of what would be the Italian East Africa colony (Africa Orientale Italiana) was the political and military preliminary to conquering the Ethiopian highlands, the produce of which, once the conquest of the whole Horn of Africa had been completed, would find its natural outlets through Eritrean and Somali ports.

1964 ◽  
Vol 23 (4) ◽  
pp. 555-570 ◽  
Author(s):  
Ramon H. Myers ◽  
Adrienne Ching

Studies of Asian agriculture have argued that land-tenure systems have often retarded agricultural development, in that unequal land distribution and widespread tenancy have given peasants little power to resist landlord efforts to squeeze and rack-rent them. Because landlords have been disinclined to devote their wealth and energies to improving the land, agriculture has stagnated and peasants have became poorer. A conspicuous weakness in this argument is that it begs the question whether a land-tenure system of more or less equal holdings best promotes agricultural development. The land-tenure system influences income distribution in agriculture, but it is impossible to say how a given income distribution influences landlord consumption, saving, and investment decisions unless more is known about the social and political institutions of a given rural society.


Rural History ◽  
2007 ◽  
Vol 18 (1) ◽  
pp. 23-46
Author(s):  
SABRINA JOSEPH

By the middle of the sixteenth century, the role of the tenant farmer and sharecropper in both Syria and France witnessed important transformations which lent increasing relevance to the social and legal status enjoyed by these cultivators. In various regions of France after the sixteenth century, a rising class of bourgeois landholders increasingly appropriated agricultural lands from both peasant proprietors and nobles, leading to the spread of both sharecropping and leasing contracts. In Ottoman Syria, the appropriation of peasant lands and proliferation of tenancy arrangements was linked to an expanding state which sought to consolidate power and ensure the consistent flow of revenue. Thus, this paper will address how the socio-legal discourse on tenants and sharecroppers differed in a context where arable lands were appropriated by private rather than public forces. Issues that are examined include: perceptions of agricultural innovation; possession rights; and payment of rent and other dues.While Islamic legal scholars articulated a discourse which sought to incorporate tenants and sharecroppers, French legal and social thinkers of the day championed the rights of the landlord above all else. Unlike their Syrian counterparts, French thinkers linked agricultural development and efficient production to private ownership of land. In Syria, on the other hand, jurists advocated a land tenure system in which the possession rights of cultivators were supported while landlord interests were not jeopardised. Thus, agricultural development in the Syrian case was articulated within a framework which conceded multiple layers of ownership. These ideas would have an important impact on nineteenth-century developments in both regions.


1988 ◽  
Vol 27 (2) ◽  
pp. 217-218
Author(s):  
Luther Tweeten

The authors describe how Pakistan has grappled with land reform, surely one of the most intractable and divisive issues facing agriculture anywhere. The land-tenure system at independence in 1947 included a high degree of land ownership concentration, absentee landlordism, insecurity of tenant tenure, and excessive rent. Land reform since 1947 focused on imposition of ceilings on landholding, distribution of land to landless tenants and small owners, and readjustments of contracts to improve the position of the tenant. These reformist measures have removed some but by no means all of the undesirable characteristics of the system. The authors list as well as present a critique of the reports of five official committees and commissions on land reform. The reports highlight the conflicts and ideologies of the reformers. The predominant ideal of the land reformers is a system of peasant proprietorship although some reformers favoured other systems such as communal farming and state ownership of land, and still others favoured cash rents over share rents. More pragmatic reformers recognized that tenancy is likely to be with Pakistan for the foreseeable future and that the batai (sharecropping) arrangement is the most workable system. According to the editors, the batai system can work to the advantage of landlord and tenant if the ceilings on landholding can be sufficiently lowered (and enforced), the security of the tenant is ensured, and the tenant has recourse to the courts for adjudication of disputes with landlords. Many policy-makers in Pakistan have come to accept that position but intervention by the State to realize the ideal has been slow. The editors conclude that" ... the end result of these land reforms is that they have not succeeded in significantly changing the status quo in rural Pakistan" (p. 29).


Land ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 233
Author(s):  
Verónica Iñiguez-Gallardo ◽  
Fabián Reyes-Bueno ◽  
Olga Peñaranda

The perceptions and values that local communities have towards protected areas are of great value for the improvement of these territories’ management. Such perceptions and values are often absent in the conservation planning process, particularly in those privately protected areas that are established in areas where the land tenure system is based not only on ownership but also on customary uses. Drawing on qualitative and quantitative data obtained through semi-structured interviews with key stakeholders and members of communities surrounding a privately protected area in southern Ecuador, we identify that the level of collaboration with the managers, the distance to the protected area, the percentage of untitled land, and the dependence on the resources (customary uses) are among the variables affecting these perceptions and values. Positive perceptions towards protected areas and naturalistic values are developed among those who collaborate with the protected area managers, whereas negative perceptions, and a mix of naturalistic and biospheric values are developed among those who have a sense of a lack of attention to social needs although supporting nature conservation at the same time. The evidence presented shows the importance of matching local peoples’ expectations with conservation goals during the establishment of a protected area.


1973 ◽  
Vol 17 (1) ◽  
pp. 94-115
Author(s):  
C. M. McDowell

The case of Oguche v. Iliyasu & Ors. raises several interesting issues in the law of the Northern States of Nigeria, in particular the definitions of “native” and “non-native” and the powers of the Commissioner under the Land Tenure Law, the relationship between title to land and the rules governing trespass to land, the protection afforded by the Public Officers (Protection) Law and the award of exemplary damages for oppressive acts by public officers. The facts of the case will be given first, followed by a summary of the judgment and comment on the issues raised.


2021 ◽  
Vol 13 (2) ◽  
pp. 112-127
Author(s):  
Valentina A. Nokhrina ◽  

In the proposed article, on the basis of the materials of the Moscow Society of Agriculture identified in the fund of the Central Scientific Agricultural Library. With the involvement of the developments of researchers on the history of agrarian thought in Russia in the 19th and early 20th centuries, forms of communication between the scientific and professional communities are determined for the modernization of the agricultural sector of agriculture after the peasant reform of 1861 of the year. The publication highlights the main forms of communication: the publishing activity of the Society, the organization of exhibitions and congresses. To assess the large-scale activities of the Moscow Society of Agriculture for 110 years, a brief overview of its practical work is presented, and the role in the agrarian rationalization of agriculture in Russian historiography is revealed. Members of the Moscow Society have made a significant contribution to the study of the state of agriculture, ways of evolution and methods of increasing its productivity. On the example of materials from three All-Russian congresses on agronomic assistance to the population, the organizational aspects of resolving issues of agricultural management in the regions of Russia. The role and significance of the public initiative is especially valuable today, when the problems of innovative renewal and modernization of the agricultural sector are becoming a national task. For its successful solution, the documents of the congresses can be useful, since they make it possible to trace the genesis of the processes of agricultural development in various thematic areas and economic zones in historical terms and to avoid possible mistakes in decision-making.


2019 ◽  
Vol 10 (10) ◽  
pp. 110-114
Author(s):  
Hussein Abdi Ali ◽  
Salah Abdirahaman Farah

The Agriculture sector in Kenya is as important as the country. Much of the agricultural function was transferred to the devolved units when the new constitution was passed by Kenyans and promulgated. The question many are asking is, have county governments initiated strategies in place to improve food security and ultimately contribute to the economy. Agriculture is the major contributor of our economy today. Kenya needs to be a self-sufficient country and feed its people. County governments have a huge role in ensuring this objective achieved. Based on this, a research title is proposed “Understanding the influence and effects of devolution on agricultural development: A case study of Garissa county, Kenya” The research seeks to clarify to the public and the other stakeholders concerned if actually devolved units have done anything to improve the agricultural sector since its inception. Have county governments put clear, achievable and practical strategies for this sector to grow and how best can counties improve this important sector. The research findings will be very helpful to those who are involve in the agricultural sector, directly or indirectly. The research objectives are; to compare performance of agriculture before and after devolution, to evaluate the achievements of devolution in the agricultural sector, to analyse the challenges faced by county governments in developing this sector, to examine the perception of the public on the best strategies to improve agriculture in Kenya and to give synthesised recommendations to all stakeholders. The research was conducted within Garissa County, four out of the six sub counties. A total of 310 respondents were engaged ranging from farmers, the general public and the staff of the county government The research found out that there is a gap in the sector that needs attention. Agricultural production, although remained steadfast over the years, has been in deplorable situation. The research findings is helpful to all stakeholders-both levels of governments, farmers, the public and non-state actors.  The research commends that the County governments should use bottom-up approach strategy when making critical decision affecting the department. This will aid them obtain raw and unbiased information for action. The department of agriculture experts should be deployed to all sub counties (at the grassroots). 95 percent of these staff stay at county headquarters doing nothing. Their presence at the villages, farms will come in handy or the farmers. People with experience and experts should be employed to spearhead this exercise. Routine visits should be made to the farming areas.


1978 ◽  
Vol 22 (1) ◽  
pp. 63-77 ◽  
Author(s):  
Simon Coldham

As the land adjudication and consolidation programme made progress in the Kikuyu Land Unit in the middle of the nineteen-fifties, it became clear that the traditional system of land tenure would have to be replaced by a system based on the registration of individual titles. Customary law was seen as an obstacle to agricultural development. Customary rules of inheritance could destroy the benefits of land consolidation. Moreover, the individual farmer had little incentive to develop his holding under customary arrangements. This point of view was illustrated by the Swynnerton Plan which proposed that “the African farmer … be provided with such security of tenure through an indefeasible title as will encourage him to invest his labour and profits into the development of his farm and as will enable him to offer it as security against financial credits”. Swynnerton hoped that the security of title conferred by registration would create a land market enabling fanners owning unviable plots or unworkable fragments to sell them off to neighbours who would be in a position to develop them more effectively. In this way “… energetic or rich Africans will be able to acquire more land and bad or poor farmers less, creating a landed and a landless class”, a process which he calls “a normal step in the evolution of a country”.


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