Devolution and the politics of communal tenure reform in Kenya

2020 ◽  
Vol 119 (476) ◽  
pp. 338-369
Author(s):  
Gargule A Achiba ◽  
Monica N Lengoiboni

Abstract Increased legal access and the devolution of natural resource administration are generally seen as sources of power for local communities and their institutions. However, beyond this widely held expectation, the politics of land reform suggest that legal recognition of rights and devolution is not the only issue with implications for communal tenure reforms. Misconceptions about communal tenure, which are rooted in history, and their appropriation by local elites in the processes of communal tenure reform are characteristic of both colonial and post-colonial governments in Kenya. Although typically articulated and promulgated to enhance political representation and to devolve control over resources to the local level, unresolved issues in the reform process have worked to undermine the legitimacy of communal land rights in contemporary Kenyan society. A case study of the post-2010 community land legislation process demonstrates the continuing relevance of historically conditioned political and ideological representations of communal tenure built during the colonial period and reproduced in policy in independent Kenya. This paper offers reflections on the centrality of sustained communal tenure misconceptions, fetishization of formal governance institutions, and the institutional and power configurations that primarily benefit powerful stakeholders as sources of the current breakdown in the implementation of community land law.

Land ◽  
2019 ◽  
Vol 8 (11) ◽  
pp. 172 ◽  
Author(s):  
Hull ◽  
Babalola ◽  
Whittal

Our purpose is to present and test a typology of land reform theories as a means of understanding and interrogating the motives behind land reform and to better equip land administrators and policymakers to enact land reform programs that are appropriate for their contexts. Here, land reform is understood to include the related concepts of land redistribution, land restitution, land tenure reform and land administration reform. The theory typology thus has application for land restitution programs specifically operating in the global South. The continuum of theories is derived from literature and tested through a multiple case study of land reform in Nigeria, Mozambique, and South Africa, drawing from a combination of primary and secondary data. The findings suggest an over-reliance on replacement theories in all three contexts, although the Mozambican experience draws on theories towards the middle of the continuum (the adaptation theories). This is recommended as the most viable approach for the context.


2010 ◽  
Vol 26 (1) ◽  
pp. 39-69 ◽  
Author(s):  
A.S. Mlambo

This study seeks to trace the role of race in the evolution of the land question in Zimbabwe from Occupation to the ‘fast-track land reform programme’ of 2000 and beyond to explore the extent to which the era of colonial domination made the racialization of the land issue in the post-colonial period almost unavoidable. It contends that Mugabe’s use of race to justify the campaign to drive whites from the land from 2000 onwards was facilitated (in part) by the fact that race had always been used by the colonial authorities as a decisive factor in land acquisition and allocation throughout the colonial period and that using the alleged superiority of the white race, colonial authorities alienated African land for themselves without either negotiating with the indigenous authorities or paying for the land. Consequently, Mugabe’s charge that the land had been stolen and needed to be retaken clearly resonated with some segments of the Zimbabwean population enough to get them to actively participate in the land invasions of the time.


Author(s):  
Nhlanhla C. Mbatha

Background: With reports of widespread failures in South Africa’s land reform programmes, the levels of policy uncertainty in the political rhetoric that influences land reform have been increasing. Since 1994 policy targets to transfer land to black farmers have not been met. Of the 2005 target to transfer about 25 million ha of commercial farmland to black farmers by 2014, less than 5 million ha. have been transferred for commercial use. Some studies report failure rates in resettlement projects of up to 90%. To account for the failures, revisions of policies and amendments to legislations have been proposed within a political environment that is becoming increasingly intolerant to slow progress in land transfers and to resettlement failures.Aim: Against this environment, this paper presents a typology for understanding and evaluating important elements of the land reform project in order to influence progress in the process.Setting: The study adopts a historical review of land reform processes in post-colonial Kenya and Zimbabwe in order to identify potential challenges and key lessons for South Africa.Methods: Hence, using institutional and historical analytical lenses in exploring different narratives, the paper reviews reported failures and successes in land reform policy cases from the selected countries. From an institutional framework, prevalent social institutions and key lessons from Kenya, Zimbabwe and South Africa, a typology for evaluating important elements of the land reform process in South Africa is developed and discussed. Additionally, a review of global data collected on average sizes of farms in different regions of the world is provided as evidence to support propositions of what would constitute efficient farmland size ranges for small to medium commercial farms in South Africa.Results and conclusion: A proposition is made on how to use the typology to guide policy and research interventions to reduce failures and promote successful cases in different areas of the land reform process in South Africa, and possibly other similar contexts.


2018 ◽  
Vol 86 (3) ◽  
pp. 513-528 ◽  
Author(s):  
Mohammad Al-Saidi

The article analyzes decentralization and commercialization reforms in the Yemeni urban water and sanitation sector. The case study shows that sector reforms to increase the performance and independence of water utilities in developing countries can become entangled in conflicting political agendas, leading to the derailing of reforms. The reform process in the Yemeni case is presented as part of sector-wide policy change due to increasing scarcity, supply crises, and pressure from donors. A measurement framework for the level of decentralization and commercialization of water utilities is developed and applied. The future reform pathways are outlined, giving consideration to the current political reality in Yemen. Points for practitioners Water decentralization reforms need to follow technical considerations regarding the capacity and independence of utilities in order to enhance any positive impacts of decentralization. Institutional conflicts are difficult to tackle during an ongoing reform process, particularly in a context of corruption, politicization, and state fragility. There is a need for more context-specific reform agendas and better strategies to deal with conflicts and shield utilities from political interference. Further, effective commercialization requires a level of accountability at the local level and improved capacities of staff. Such capacities can be enhanced through trainings ahead of reforms.


1969 ◽  
Vol 63 (4) ◽  
pp. 1172-1182 ◽  
Author(s):  
James W. Clarke

In recent years a growing body of research has used multivariate statistical techniques to examine the relationship between aggregate environmental characteristics and the public policies of state and local governments. This research has been concerned primarily with isolating or demonstrating the social, economic, and political correlates of either public policies (e.g., expenditures, revenues and referenda issues) or governmental structures (viz., form of government, size of election districts and type of ballot).One advantage of the aggregate approach, beyond the relative accessibility of data, is that it permits a systematic, comparative study of states or cities. On the local level this comparative approach provides a convenient supplement to the earlier case study approach which was concerned with the political processes and issues of particular cities.A number of hypotheses have been suggested by studies employing either the case study or aggregate approaches. In those observations dealing with government structure, attention is usually directed to the council-manager plan as an example of progressive government. That is, city governments which are reform-oriented are likely to be found in more affluent, better educated, homogeneous, middle-class cities. The notion is that the middle class prefers a more efficient, professional city administration. Conversely, the mayor-council plan is usually associated with older, machine-type politics which allegedly reflects the preferences of the less affluent, less-educated, working class and ethnic minorities who are most concerned about political representation.


Author(s):  
Tatjana Loš

The paper aims to identify the quality of political participation of women in Serbia through the prism of activism at the local level. The research covered the municipality of Ruma in the period from July 2, 2020 to July 2, 2021, which conducted a research of an individual and not a mosaic or a case in a row. Using the case study method, data collection was conducted in a semi-structured interview on a sample of six respondents. The results of the research showed that women, in accordance with the quantitative shift in the political life of Serbia in general, are delegated in the Ruma division of power at all levels, but that gender is still less represented in positions of power and decision-making, as well as in decision-making. Women in Ruma, with their political participation, do not sufficiently realize the gender dimension of political representation, because either they are not sufficiently aware of this segment and do not recognize it as important or they lack the courage to do so and encounter a wall in parliamentary debates. The results of the research could be important for considering ways to improve the quality of women's participation in politics at the local level in the direction of greater substantive representation, as well as gender sensitivity, which would increase greater motivation of women to get involved in politics, affect the quality of work. representative body, but also a change in the political climate in society, which is still masculine. The research showed that the solidarity of women in politics should be strengthened, regardless of belonging to a political party, and they should be encouraged to be louder and braver in expressing their views in parliamentary debates, so that they can essentially fight for their interests.


2017 ◽  
Vol 13 (1) ◽  
pp. 38-53 ◽  
Author(s):  
Kamalika Chakraborty ◽  
Biswatosh Saha ◽  
Nimruji Jammulamadaka

Purpose The purpose of this paper is to unpack the conflation between the silence and purported passivity of the Third World NGOs (TNGOs). Explaining the invisibility of their voices in the critical and post-development perspectives, it locates the inquiry in the context of the action of these TNGOs. Design/methodology/approach The paper follows the phronetic research approach, which involves a case study of a locally developed Indian NGO. It uses phronetic inquiry along with Ashis Nandy’s notion of “silent coping” as the conceptual framework. To explain the purported passivity of TNGOs in the texts under global circulation, the paper uses Walter Mignolo’s discussion on “texts in circulation”. Findings The uncertain nature of action – that it begets further action possibilities; precludes the prospect of visualizing such action spaces in the context of their generation. This emergent nature of local action spaces makes it difficult to capture them within the dominating global discursive structures, thereby creating local spaces of agency for the TNGO actors. Selective appropriation of artefacts and texts from the global circulation and the creation of alternate stake structures at the local level support the realization of such action spaces. Further, such local artefacts and texts do not travel into texts circulating globally, thereby rendering the TNGOs invisible and silent in the reading of global texts and leading to the TNGOs being framed as passive. Originality/value This paper locates the voices and acts of the TNGOs and highlights the mechanisms that enable them to silently cope with structures of discursive domination, thereby contributing to post-development studies and post-colonial organizational analysis.


2019 ◽  
Vol 40 (1) ◽  
pp. 59-74
Author(s):  
Martin Soukup ◽  
Dušan Lužný

This study analyzes and interprets East Sepik storyboards, which the authors regard as a form of cultural continuity and instrument of cultural memory in the post-colonial period. The study draws on field research conducted by the authors in the village of Kambot in East Sepik. The authors divide the storyboards into two groups based on content. The first includes storyboards describing daily life in the community, while the other links the daily life to pre-Christian religious beliefs and views. The aim of the study is to analyze one of the forms of contemporary material culture in East Sepik in the context of cultural changes triggered by Christianization, colonial administration in the former Territory of New Guinea and global tourism.


2016 ◽  
Vol 46 (1) ◽  
pp. 20-31
Author(s):  
Manala Shadrack Maake

This theoretical paper seeks to make an empirical contribution to the Land Reform discourses. The paper argues that the pace of land redistribution in South Africa is undeniably slow and limits livelihood choices of relatively most intended beneficiaries of land reform programme. The primacy and success of the programme within rural development ought to measured and assessed through ways in which the land reform programmes conforms to and improve the livelihoods, ambitions and goals of the intended beneficiaries without compromising agricultural production and the economy. In addition, paper highlights the slow pace of land reform programme and its implications on socio-economic transformation of South Africa. Subsequently, the paper concludes through demonstrating the need for a radical approach towards land reform without disrupting agricultural production and further to secure support and coordination of spheres of government. The democratic government in South Africa inherited a country which characterized by extreme racial imbalances epitomized through social relations of land and spatial distortions. Non-white South Africans are still feeling the effects of colonial and apartheid legal enactments which sought to segregate ownership of resources on the basis of race in particular. Thus, successive democratic governments have the specific mandate to re-design and improve land reform policies which are targeted to reverse colonially fueled spatial distortions. South Africa’s overall Land Reform programme consists of three key elements and namely are; land redistribution, tenure reform and land restitution. Concomitantly, spatial proponents and researchers have denounced and embraced land reform ideology and its status quo in South Africa. The criticisms overlapped towards both beneficiaries and state due to factors like poor post-settlement support, lack of skills, lack of capital, infighting over land claims and land management.


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