Colonial Township Laws and Urban Governance in Kenya

2012 ◽  
Vol 56 (2) ◽  
pp. 175-193 ◽  
Author(s):  
Robert Home
Keyword(s):  
Land Tenure ◽  
Urban Form ◽  
Urban Governance ◽  
Racial Segregation ◽  
Land Ownership ◽  
Development Planning ◽  
Town Planning ◽  
British Colonies ◽  
Dual Mandate ◽  
Trust Lands

AbstractRapid population and urban growth in Africa pose severe challenges to development planning and management. This article argues that weak urban governance in Kenya results from the colonial legal order's shaping of urban form. Kenya's colonial laws, drawing from those in other British colonies (especially South Africa) and British statute law on local government, public health, housing and town planning, controlled African labour and movement, and Africans' relation to towns. These laws included ordinances on registration, “master and servant” and vagrancy, while detailed township rules enforced racial segregation and exclusion; the Feetham Commission (1926) led to a hierarchy of local authorities, with no African representation until the 1950s. The dual mandate ideology resulted in different land tenure in the white-settled areas and trust lands; the late introduction of individual land ownership in the trust lands created problems of peri-urban, unplanned development outside the old township boundaries.

Land Reform in Zimbabwe: Some Legal Aspects

1993 ◽  
Vol 31 (4) ◽  
pp. 585-600 ◽  
Author(s):  
Gino J. Naldi
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Legal Aspects ◽  
Livestock Production ◽  
Declaration Of Independence ◽  
Unilateral Declaration ◽  
Liberation Movements ◽  
Crop And Livestock Production ◽  
Trust Lands

The Government of Zimbabwe has only recently begun to implement the commitment of the liberation movements to give land to poor ‘communal’ farmers, especially those dispossessed by the whiteminority régime after Rhodesia's unilateral declaration of independence in 1965. It needs to be recalled that by virtue of the Land Tenure Act of 1969 almost half of the country's agricultural land was allocated to Europeans, who had ‘greater access to the regions considered suited to intensive crop and livestock production’, and that ‘On average, each of the nearly 7,000 European farms was roughly 100 times the size of any of the 700,000 or so holdings in the Tribal Trust Lands’. The fact that much of this land was under-utilised only served to increase African resentment.

The Terms of Our Surrender: Colonialism, Dispossession and the Resistance of the Innu

2021 ◽  
Author(s):  
Elizabeth Cassell
Keyword(s):  
First Nations ◽  
Land Tenure ◽  
Legal Framework ◽  
Land Ownership ◽  
Fiduciary Duty ◽  
Eastern Canada ◽  
Nations People ◽  
Natural Land ◽  
First Nations People ◽  
Indigenous Land

Based on extensive fieldwork and oral history, The Terms of Our Surrender is a powerful critical appraisal of unceded indigenous land ownership in eastern Canada. Set against an ethnographic, historical and legal framework, the book traces the myriad ways the Canadian state has successfully evaded the 1763 Royal Proclamation that guaranteed First Nations people a right to their land and way of life. Focusing on the Innu of Quebec and Labrador, whose land has been taken for resource extraction and development, the book strips back the fiduciary duty to its origins, challenging the inroads which have been made on the nature and extent of indigenous land tenure—arguing for preservation of land ownership and positioning First Nations people as natural land defenders amidst a devastating climate crisis. It offers a voice to the Innu people, detailing the spirituality practices, culture and values that make it impossible for them to willingly cede their land. The text is intended to bridge the gap in knowledge between legal practitioners and those working at the intersections of human rights, social work and public policy. The book offers a potent template for how we can use the law to fight back against the indignities suffered by all indigenous peoples.

scholarly journals A study on the history of urban morphology in China based on discourse analysis

2017 ◽  
Author(s):  
Limeng Zhang ◽  
Andong Lu
Keyword(s):  
Discourse Analysis ◽  
Urban Planning ◽  
Urban Form ◽  
Urban Morphology ◽  
Town Planning ◽  
Urban Conservation ◽  
Morphological Approach ◽  
History Of ◽  
Urban Issues ◽  
Definition Of

A study on the history of urban morphology in China based on discourse analysis Limeng Zhang¹, Andong Lu¹ ¹School of Architecture and Urban Planning, Nanjing University. Nanjing University Hankou Road 22#, Gulou District, Nanjing, China E-mail: [email protected], [email protected] Key words: urban morphology, terminology, discourse analysis Conference topics and scale: Literature review   (Supported by the Natural Science Foundation of China, Grant No.: 51478215)   Urban morphology is a method widely used in China in the field of urban design and urban conservation. Since its first introduction to the Chinese context about 20 years ago, the key ideas and concepts of urban morphology underwent a significant phenomenon of ‘lost in translation’. Different origins of morphological thoughts, different versions of translation, as well as different disciplinary context, have all together led to a chaotic discourse. This paper reviews the key Chinese articles in the field of urban morphology since 1982 and draws out a group of persistent keywords, such as evolution, axis, urban fringe belt, plan unit and plot, that characterize the morphological approach to urban issues. By reviewing the transformation of the definition of these keywords, this paper aims to generate an evolutionary map of landmark ideas and concepts, based on which, four stages in the development of urban morphology in China can be identified: emergence, growth, maturity, practice. The mapping methodology could be extrapolated to other words, and the obtained evolutionary map could be a basic tool for further study.   References Conzen M. R. G.,  Alnwick, Northumberland: A Study in Town-plan Analysis [M] 1960. ( London, George Philip). J. W. R. Whitehand, and Kai Gu. ‘Urban conservation in China: Historical development, current practice and morphological approach’ [J], Town Planning Review, 2007 (5), 615-642. Duan Jin, and Qiu Guochao. 'The Emergence and Development of Overseas Urban Morphology Study' [J], Urban Planning Forum, 2008(5):34-42. M. P. Conzen, Kai Gu, J. W. R. Whitehand. Comparing traditional urban form in China and Europe: a fringe belt approach [D]. Urban Geography, 2011.

scholarly journals Penguasaan Tanah Oleh Orang Asing Dalam Perspektif Hak Bangsa

2018 ◽  
pp. 66-88
Author(s):  
Arif Rachman Nur
Keyword(s):  
Land Tenure ◽  
Government Regulation ◽  
Close Relation ◽  
Land Ownership ◽  
Comparative Approach ◽  
Separation Principle ◽  
The Government ◽  
The Times ◽  
Water Space ◽  
Land Water

The Indonesians has a close relation with land, water, space and natural resources in the territory, in order of the Nations Right to the highest order in the hierarchy of land tenure. But concurrently with the times, not only the Indonesian needed land and buildings, but also foreigners who working in Indonesia. It is the background of enactment of Government Regulation No. 41 of 1996 replaced by Government Regulation No. 103 of 2015 about Residential Ownership by Foreigner. Nevertheless the Government Regulation is considered not nationalists because mortgaging the Indonesia's territory to foreigner for investment reason. The method used in this research is a normative research with statute approach, historical approach and comparative approach. This research used primary legal sources and secondary legal sources incorporating nonlegal resources collected with literature research. Then the legal sources are qualitatively analyzed and then presented descriptively. The results of the study shows: 1) Housing ownership does not necessarily have an implication on land ownership, because the adoption of the Horizontal Separation Principle does not allow foreigners to own land even though they already have buildings on it. However, the period of Right to Use which is too long to reach 80 years can conflict with the Rights of the Nation; 2) Land tenure restriction by foreigners permanent residence in Indonesia is an obligation for the government to respect and protect the Rights of the Nation. The land tenure restriction is carried out by limiting housing ownership in the elaboration of subjects, quota restrictions, zoning, arrangements related to buying and selling and the establishment of duties to supervise the ownership of residential houses for foreigners domiciled in Indonesia.

scholarly journals ILMU UKUR TANAH BAGI PERANGKAT DESA PANASEN KECAMATAN KAKAS BARAT KABUPATEN MINAHASA

2018 ◽  
Vol 11 (1) ◽  
Author(s):  
Yessy Christiani Sophiane Pandeiroth
Keyword(s):  
Rural Area ◽  
Land Ownership ◽  
Development Planning ◽  
Geospatial Data ◽  
Basic Knowledge ◽  
The People ◽  
Measurement Tools ◽  
Asset Inventory ◽  
The Village ◽  
Area Development

The village map becomes a reference in the village development plan and supports the village budget acceleration policy. The village map will also assist the asset inventory, so it can be used as a management capital of the Village Owned Enterprise (BUMDes).In Law 6/2014 on the Village it is clear that the boundaries of village areas are expressed in the form of village maps. The village map is the geospatial data and information that will be the basis for rural area development planning. With the existing village map, village officials can know the boundaries of the villages, identify and inventory thepotential or assets of the village. Through the village map, also known what are the obstacles in the effort to empower the potential.As a social society there are many problems that often arise among the community itself, as there is often a misunderstanding of the people against the boundaries and land /land ownership, it is due to lack of understanding of the people about the basic knowledge of the Soil Measure Science. The training that has been carried out in relation to how to measure, calculate, map out the measurements and determine the boundaries of the soil and how to correctly use the land measurement tools provides expertise for the village apparatus.

scholarly journals Determinants of Preferences of the Respondents for the Payment for Environmental Services among the Rural Farming Households in Oyo State Nigeria

2021 ◽  
pp. 90-98
Author(s):  
Adesiyan Olusegun Israel
Keyword(s):  
Land Tenure ◽  
Agricultural Land ◽  
Land Ownership ◽  
Living Standard ◽  
Environmental Services ◽  
Previous Knowledge ◽  
State Farm ◽  
Payment For Environmental Services ◽  
Farming Households ◽  
Micro Credit

This study attempted to uncover the factors that influence preferences of the poor farming households for the attributes of Payment for environmental services (PES) in the Oyo State farm settlement Nigeria. Educational attainment, age of the respondents, previous knowledge of PES, land tenure, provision of micro credit, number of dependents, marital status and main occupation of the respondents. Dependent variable is preference for PES attributes.A multi-stage sampling technique was employed for this study.This study used exclusively Primary data.Which were collected through the use of a well-structured questionnaires and interview schedule for the literate and non-literate farmers respectivelyTotal sample of 395 out of 547respondents (i.e.72%) were drawn cumulatively. The regression results showed that previous knowledge of PES and provision of microcredit are significant at 5% each, while land ownership right is significant at 10% in the educational poverty group. In the consumption poverty group, previous knowledge of PES is significant at 5%, while land ownership right is positively significant at 1%, respectively. Housing/living standard poverty group; previous knowledge of PES and land ownership rights   are significant at 5% each. From the findings of this study, it implies that if micro credit facilities are provided to these poor farming households, they will be willing to conserve the environmental resources (i.e. agricultural land). It therefore suggests that a well thought institutional arrangement with PES in view could be put up to enhance natural resource conservation and by extension reduction of poverty.

scholarly journals Why Gayborhoods Matter: The Street Empirics of Urban Sexualities

2021 ◽  
pp. 87-113 ◽  
Author(s):  
Amin Ghaziani
Keyword(s):  
Urban Form ◽  
Urban Governance ◽  
Online Dating ◽  
Mobile Apps ◽  
Land Values ◽  
Abstract Concepts ◽  
Growth Machine ◽  
Explanatory Variables ◽  
Spatial Expressions

AbstractUrbanists have developed an extensive set of propositions about why gay neighborhoods form, how they change, shifts in their significance, and their spatial expressions. Existing research in this emerging field of “gayborhood studies” emphasizes macro-structural explanatory variables, including the economy (e.g., land values, urban governance, growth machine politics, affordability, and gentrification), culture (e.g., public opinions, societal acceptance, and assimilation), and technology (e.g., geo-coded mobile apps, online dating services). In this chapter, I use the residential logics of queer people—why they in their own words say that they live in a gay district—to show how gayborhoods acquire their significance on the streets. By shifting the analytic gaze from abstract concepts to interactions and embodied perceptions on the ground—a “street empirics” as I call it—I challenge the claim that gayborhoods as an urban form are outmoded or obsolete. More generally, my findings caution against adopting an exclusively supra-individual approach in urban studies. The reasons that residents provide for why their neighborhoods appeal to them showcase the analytic power of the streets for understanding what places mean and why they matter.

Discourse on women and land tenure in Ghana: does a matrilineal land tenure system make a difference for women?

2021 ◽  
pp. 129-142
Author(s):  
Nancy Kankam Kusi ◽  
Frank Mintah ◽  
Valentina Nyame ◽  
Uchendu Eugene Chigbu ◽  
Menare Royal Mabakeng ◽  
...  
Keyword(s):  
Land Tenure ◽  
Social System ◽  
Land Ownership ◽  
Male Dominance ◽  
Her Family ◽  
Tenure System ◽  
System P ◽  
Land Tenure System ◽  
Cultural Negotiations ◽  
Female Power

Abstract This chapter highlights that matriarchy and matrilineal social orientations are not inherent guarantees of women's access to land but can reinforce male dominance over land ownership, control, and access to land. It notes that social structures and norms are subject to change and, in this instance, colonialization and modernization have acted as the two key influencers in reshaping Asante matriarchy. The researchers argue that the continuous interplay of cultural negotiations within the traditional matriarchal regime have caused a drastic transformation in Asante land tenure system which have fuelled unequal access to land. In effect, a postcolonial Asante woman is no longer guaranteed land tenure security from her family or community and more likely to face the harsh realities of landlessness. The chapter does not assume equal access to land hitherto but notes that the inequality gap has been further widened by the weakening of 'female power' in the matriarchal social system.

Map-Making and State-Building

2020 ◽  
pp. 32-55
Author(s):  
Christine Leuenberger ◽  
Izhak Schnell
Keyword(s):  
20Th Century ◽  
Land Tenure ◽  
Weak Link ◽  
Land Rights ◽  
Land Ownership ◽  
State Building ◽  
Land Allocation ◽  
Natural Order ◽  
Land Registration ◽  
Land Tenure System

During the 20th century, surveying and mapping became vital tools for states; and colonizers used them to know and claim the land. The Mandate of Palestine’s Survey of Palestine surveyed parts of historic Palestine. Their modernist ethos to register the land converged with Zionist visionaries to make it their own. With the Hagannah looting the Survey of Palestine, the Israeli state-in-the making had access to cartographic material which helped them win the 1948 war and facilitated their statecraft. Post-1948, the Survey of Israel designed a new unified triangulation system, enabling the production of maps. The Israeli state also introduced a novel land tenure system. The seemingly imprecise land allocation practices common during the Ottoman Empire were pitted against a technocratic, modernist conception of land ownership, that, by virtue of its implementation, dispossessed many Arab landholders. However, enforcement of technocratic regulations depends on humans. Indeed, the process of land registration reveals how surveyors who would go to villages to ascertain land rights were the human and, at times, a weak link in doing so. Nevertheless, at the end of this process, 93% of land had become Israeli state land. The transformation in the land regime in Israel/Palestine thus attests to how new legal precepts in tandem with science and technology helped establish a modern, territorially defined state. While the Western scientific and legal paradigm enhanced the transfer of land, it also seemingly legitimized and depoliticized the new land regime, making it seem part of the natural order of things and an inevitable outcome of modernity.

scholarly journals When Tradition Meets Modernity in Land Registration: Evidence from Dagbon, Ghana

Land ◽  
2020 ◽  
Vol 9 (11) ◽  
pp. 416
Author(s):  
David Asante Edwin ◽  
Evam Kofi Glover ◽  
Edinam K. Glover
Keyword(s):  
Land Tenure ◽  
Research Question ◽  
Land Ownership ◽  
Registration System ◽  
Land Registration ◽  
Tenure System ◽  
Title Registration ◽  
Land Tenure System ◽  
Customary Land ◽  
And Control

Development practice over recent years in much of Africa prioritized formalization of land policies deemed to enhance better handling and use of land as an asset for social development. Following this trend, land reform policy in Ghana was based on a pluralistic legal system in which both the customary land tenure system and the statutory system of land ownership and control co-exist by law. The primary research question for this study was the following: What implications emerge when customary land tenure system and the statutory system of land ownership and control co-exist in law? The study discussed the prospects and challenges of land title registration and the meaning of the new organizing concept in land ownership and administration among the people of Dagbon in the northern region of Ghana. The principal aim of the study was to assess the challenges of the implementation of a modern land registration system over a deeply traditional one. A qualitative research methodology was used and included qualitative descriptive analysis. This descriptive-analytical study was carried out to investigate opinions on the implications of the merger and preferred options for redress of any systemic challenges. It employed Focused Group Discussions (FGDs) to supplement in-depth interviews. Interviews were conducted among 40 key participants within formal and informal institutions including officials from both the Land Commission and Town and Country Planning Departments. Purposeful sampling was employed, and an interview guide was developed and used for collecting the data. Data were analyzed using a thematic approach. The results showed that in this structural reform, the ‘allodial title’ holder was much more trusted for tenure security because of the traditional legitimacy of the King as the sole owner and controller of land. The title registration system therefore principally served the secondary purpose as additional security. The findings indicate that in the circumstance where the law was seen as pliable, the policy engendered blurred and confusing effects that deepened the sense of ambiguity and outcomes were sometimes contradictory. We argued that the crossroads presented challenges that were novel and engendered innovative thinking for more appropriate solutions. The study revealed that policy reforms must be tailor-made to the physical, social, cultural and economic settings.

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