Land-Related Conflict and Electoral Politics in Africa

2019 ◽  
Author(s):  
Catherine Boone
Keyword(s):  
Land Tenure ◽  
Local Level ◽  
Scale Up ◽  
Electoral Politics ◽  
African Countries ◽  
National Elections ◽  
Land Conflicts ◽  
Land Disputes ◽  
Customary Land ◽  
Land Tenure Institutions

Land-related disputes and land conflicts are sometimes politicized in elections in African countries, but this is usually not the case. Usually, land-related conflict is highly localized, managed at the micro-political level by neo-customary authorities, and not connected to electoral competition. Why do land conflicts sometimes become entangled in electoral politics, and sometimes “scale up” to become divisive issues in regional and national elections? A key determinant of why and how land disputes become politicized is the nature of the underlying land tenure regime, which varies across space (often by subnational district) within African countries. Under the neo-customary land tenure regimes that prevail in most regions of smallholder agriculture in most African countries, land disputes tend to be “bottled up” in neo-customary land-management processes at the local level. Under the statist land tenure regimes that exist in some districts of many African countries, government agents and officials are directly involved in land allocation and directly implicated in dispute resolution. Under “statist” land tenure institutions, the politicization of land conflict, especially around elections, becomes more likely. Land tenure institutions in African countries define landholders’ relations to each other, the state, and markets. Understanding these institutions, including how they come under pressure and change, goes far in explaining how and where land rights become politicized.

scholarly journals The Legal Status of Customary Land Tenure Systems and the Protection of Communal Property in Cameroon

2018 ◽  
pp. 102-126
Author(s):  
Walters Nsoh
Keyword(s):  
Land Tenure ◽  
Legal Status ◽  
Sub Saharan Africa ◽  
African Countries ◽  
Post Colonial ◽  
Communal Property ◽  
Sub Saharan ◽  
Broad Interpretation ◽  
Customary Land ◽  
Land Tenure Systems

The ownership and utilisation of communal property are very much tied to the modern land tenure systems of most sub-Saharan African countries, which nevertheless still rely on the customary land tenure system to operate. But how exactly do the customary land tenure systems which remain operational in many parts of Africa fit into contemporary land ownership and use structures? Drawing on a broad interpretation of (African) customary land tenure and its elements, including its communal interest element, this chapter assesses the extent to which law and practice in Cameroon are developing and protecting communal property. Using developments in the protection of collective forest rights as an example, it demonstrates the continuous difficulty in reconciling Western land law principles on the ownership and use of communal property with customary land tenure systems in post-colonial sub-Saharan African societies, and the implications this may have for the wider rule of law in contemporary sub-Saharan Africa.

Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure

1992 ◽  
Vol 36 (2) ◽  
pp. 140-167 ◽  
Author(s):  
Clement Ng'ong'ola
Keyword(s):  
Land Tenure ◽  
Significant Proportion ◽  
Customary Law ◽  
African Countries ◽  
Colonial Era ◽  
Land Tenure System ◽  
Tribal Land ◽  
Customary Land ◽  
Land Control ◽  
Crown Lands

In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with common law notions and conceptions imported into the country with colonial rule. To some extent both State land and freehold land are held under or governed by “received law”, in contradistinction to tribal land which is largely held under customary law.In 1968, barely two years after independence, the Botswana parliament enacted legislation which attempted to reform customary land tenure by replacing existing customary or tribal institutions of land control and administration with statutory land boards. These started operating in 1970, and it soon became apparent from early assessments that even this limited and cautious programme of reform would not escape some of the problems associated with land transformation exercises elsewhere in Africa.

scholarly journals Evolution of land tenure institutions and development of agroforestry: evidence from customary land areas of Sumatra

2000 ◽  
Vol 25 (1) ◽  
pp. 85-101 ◽  
Author(s):  
Keijiro Otsuka ◽  
S. Suyanto ◽  
Tetsushi Sonobe ◽  
Thomas P. Tomich
Keyword(s):  
Land Tenure ◽  
Customary Land ◽  
Land Tenure Institutions

Land tenure and the management of land and trees: the case of customary land tenure areas of Ghana

2003 ◽  
Vol 8 (1) ◽  
pp. 77-104 ◽  
Author(s):  
Keijiro Otsuka ◽  
Agnes R. Quisumbing ◽  
Ellen Payongayong ◽  
J.B. Aidoo
Keyword(s):  
Land Tenure ◽  
Land Rights ◽  
Tree Planting ◽  
Decision To Leave ◽  
Management Incentives ◽  
Crop Fields ◽  
Family Land ◽  
Customary Land ◽  
Land Use And Management ◽  
Land Tenure Institutions

This study explores the effects of land tenure institutions on land use and management using household date from cocoa growing areas of Ghana. Various land tenure institutions with different land rights coexist in our sites, such as allocated family land, inherited land, appropriated village land, and land received as gift. While tree planting and the decision to leave land fallow may be affected by land tenure status, there are no significant differences in labor allocation and revenue of both cocoa and food crops among parcels under different land tenure institutions. These results support the hypothesis that management incentives of cocoa fields, but not food crop fields, tend to be equalized due to the incentive-enhancing effects of granting secure land rights after efforts to plant cocoa trees are expended.

scholarly journals The Methodology Used to Interpret Customary Land Tenure

2013 ◽  
pp. 1-25
Author(s):  
Gerrit Pienaar
Keyword(s):  
South Africa ◽  
Land Tenure ◽  
Civil Law ◽  
Case Law ◽  
Traditional Values ◽  
Legal Principles ◽  
Land Disputes ◽  
Aboriginal Title ◽  
Customary Land ◽  
Evidentiary Standards

Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure.Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary land disputes among traditional communities, or between traditional and westernised communities in the same jurisdiction. Many examples of such westernised approach can be found in case law of Canada and South Africa. The interpretation of the nature of customary land tenure according to common law or civil law principles has been increasingly rejected by higher courts in South Africa and Canada, e.g. in Alexkor Ltd v The Richtersveld Community 2004 5 SA 469 (CC) and Delgamuukw v British Columbia 1997 3 SCR 1010.This paper explores the methodology the courts should follow to determine what the distinctive nature of customary land tenure is. As customary land tenure is not codified or based on legislation, the court has to rely, in addition to the evidence of indigenous peoples, on the expert evidence of anthropologists and sociologists in determining the nature of aboriginal title (in Canada) and indigenous land tenure (in South Africa). The court must approach the rules of evidence and interpret the evidence with a consciousness of the special nature of aboriginal claims and the evidentiary difficulties in proving a right which originates in times where there were no written records of the practices, customs and traditions engaged in. The court must not undervalue the evidence presented simply because that evidence does not conform precisely with the evidentiary standards that would be applied in, for example, a private law tort case.

scholarly journals LAND TENURE INSECURITY AND LAND CONFLICTS IN THE BAMENDAGRASSFIELDS OF CAMEROON: PUZZLING EVIDENCE FROM BALINYONGA/BAWOCK LAND CONFLICT

2021 ◽  
Vol 9 (01) ◽  
pp. 867-876
Author(s):  
Emmanuel Yenkong Sobseh ◽  
◽  
Willibroaddze- Ngwa ◽  
Keyword(s):  
Land Tenure ◽  
Common Property ◽  
Social Inequalities ◽  
Land Conflicts ◽  
Secondary Sources ◽  
Wide Range ◽  
The Rich ◽  
Customary Land ◽  
Ownership Of Land ◽  
Land Policies

This paper examines the challenges of land tenure insecurity and land conflicts in the Bamenda Grassfields of Cameroon. Colonial and later, postcolonial governments of Cameroon introduced different and most often, conflicting land policies. These divergent land policies, later on, replaced collective ownership of land with private ownership. This paper, focuses on the different causes of land tenure insecurity such as inequality, outside encroachment, and common property challenges. It also tackles the measure causes of land conflicts such as multiple land sales, land scarcity, population growth, poor boundary demarcation, land laws and contested records of land conflicts. Despite these challenges, land tenure security was achieved through customary land, state land and individual titling. However, the case study between Bali Nyonga and Bawock demonstrates efforts by different parties to confront, manage and resolve land dispute. Based on a wide range of primary and secondary sources, this paper argues that, land tenure insecurity and land disputes have benefitted the rich, and fostered social inequalities. The study concludes that, despite the lessons and opportunities for intervention advanced, land tenure insecurity and land conflicts in Cameroon could only be overcome, if the present structures and institutions of land management are modernized and restructured by stakeholders to benefit the majority.

scholarly journals Land Conflicts and Land Tenure Effects on Agriculture Productivity in Chad

2020 ◽  
pp. 1-8
Author(s):  
Djimoudjiel Djekonbe ◽  
Tchoffo Tameko Gautier
Keyword(s):  
Land Tenure ◽  
Agricultural Activity ◽  
Agricultural Reform ◽  
Land Conflicts ◽  
Agriculture Sector ◽  
The Government ◽  
Customary Land ◽  
Agricultural Yields ◽  
Government Reforms ◽  
Transhumance Corridors

The objective of this article is to measure the extent of land conflicts on agricultural productivity and yields in the most conflict-prone regions of Chad. We obtained the results that, the interaction of land conflicts in agricultural activity is a barrier to productivity and the improvement of agricultural yields. The effects of climate change on yields and productivity are dwindled by government reforms and subventions in the agriculture' sector. Hence, we recommend the government to promote customary land tenure to reduce conflict and in another hand to trace transhumance corridors to support the State's agricultural reform efforts.

scholarly journals The Methodology Used to Interpret Customary Land Tenure

2017 ◽  
Vol 15 (3) ◽  
pp. 152
Author(s):  
Gerrit Pienaar
Keyword(s):  
South Africa ◽  
Land Tenure ◽  
Civil Law ◽  
Case Law ◽  
Traditional Values ◽  
Legal Principles ◽  
Land Disputes ◽  
Aboriginal Title ◽  
Customary Land ◽  
Evidentiary Standards

Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure. Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary land disputes among traditional communities, or between traditional and westernised communities in the same jurisdiction. Many examples of such westernised approach can be found in case law of Canada and South Africa. The interpretation of the nature of customary land tenure according to common law or civil law principles has been increasingly rejected by higher courts in South Africa and Canada, e.g. in Alexkor Ltd v The Richtersveld Community 2004 5 SA 469 (CC) and Delgamuukw v British Columbia 1997 3 SCR 1010. This paper explores the methodology the courts should follow to determine what the distinctive nature of customary land tenure is. As customary land tenure is not codified or based on legislation, the court has to rely, in addition to the evidence of indigenous peoples, on the expert evidence of anthropologists and sociologists in determining the nature of aboriginal title (in Canada) and indigenous land tenure (in South Africa). The court must approach the rules of evidence and interpret the evidence with a consciousness of the special nature of aboriginal claims and the evidentiary difficulties in proving a right which originates in times where there were no written records of the practices, customs and traditions engaged in. The court must not undervalue the evidence presented simply because that evidence does not conform precisely with the evidentiary standards that would be applied in, for example, a private law tort case.

scholarly journals Tribal Land Conflicts and State Forestry in Odisha: A Historical Study

2015 ◽  
Vol 2 (2) ◽  
pp. 143-147
Author(s):  
Naresh Rout
Keyword(s):  
Land Tenure ◽  
Social Institutions ◽  
Forest Resources ◽  
Historical Study ◽  
Land Conflicts ◽  
Tribal People ◽  
Goods And Services ◽  
The People ◽  
Tribal Land ◽  
Customary Land

The history of human existence and civilizations are intertwined with forests and trees. Forests are crucial for the goods and services they provide, which people all over the world depend on. Strategies to enhance the contributions of the world’s forests to social development, livelihoods and poverty eradication are vital at a time when unsustainable practices and economic crises continue to threaten healthy forests and the people who depend upon them. The survival of tribal communities critically depends on land and forest resources. For historical and ecological reasons, most tribal people inhabit the forest and highly inaccessible regions of the state. These communities practise various customary land tenure systems, which have often been modified by state policies and legislation. The clan-based land tenure system was based on customary rights over land, trees and forest. The land use and tenure systems vary from tribe to tribe, as reflected in the practice and terraced cultivation. The relationship between tribal people and forest resources has been symbiotic in nature. The life-way processes of Odisha’s tribal people are reflected in their economy, religion, polity and social institutions, which cannot be understood without understanding various aspects of the forest surrounding them.DOI: http://dx.doi.org/10.3126/ijssm.v2i2.12423           Int. J. Soc. Sci. Manage. Vol-2, issue-2: 143-147  

scholarly journals Grassroots and Global Governance: Can Global–Local Linkages Foster Food System Resilience for Small Northern Canadian Communities?

2021 ◽  
Vol 13 (4) ◽  
pp. 2415
Author(s):  
Carla Johnston ◽  
Andrew Spring
Keyword(s):  
Climate Change ◽  
Global Governance ◽  
Land Tenure ◽  
Food Systems ◽  
Food System ◽  
Global Climate ◽  
Local Level ◽  
Indigenous Communities ◽  
Global Network ◽  
Global Networks

Communities in Canada’s Northwest Territories (NWT) are at the forefront of the global climate emergency. Yet, they are not passive victims; local-level programs are being implemented across the region to maintain livelihoods and promote adaptation. At the same time, there is a recent call within global governance literature to pay attention to how global policy is implemented and affecting people on the ground. Thinking about these two processes, we ask the question: (how) can global governance assist northern Indigenous communities in Canada in reaching their goals of adapting their food systems to climate change? To answer this question, we argue for a “community needs” approach when engaging in global governance literature and practice, which puts community priorities and decision-making first. As part of a collaborative research partnership, we highlight the experiences of Ka’a’gee Tu First Nation, located in Kakisa, NWT, Canada. We include their successes of engaging in global network building and the systemic roadblock of lack of formal land tenure. Moreover, we analyze potential opportunities for this community to engage with global governance instruments and continue connecting to global networks that further their goals related to climate change adaptation and food sovereignty.

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