‘The Law is to Blame’: The Vulnerable Status of Common Property Rights in Sub-Saharan Africa

2011 ◽  
Vol 42 (3) ◽  
pp. 733-757 ◽  
Author(s):  
Liz Alden Wily
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Sub Saharan Africa ◽  
The Law ◽  
Sub Saharan

scholarly journals Normative intersectionality in married women's property rights in southern Nigeria

2020 ◽  
Vol 24 ◽  
Author(s):  
Anthony C Diala ◽  
Jane C Diala
Keyword(s):  
Property Rights ◽  
Legal Pluralism ◽  
Customary Law ◽  
Sub Saharan Africa ◽  
Post Colonial ◽  
Socioeconomic Changes ◽  
Economic Forces ◽  
Southern Nigeria ◽  
Sub Saharan ◽  
Nuanced Understanding

ABSTRACT The fate of marriage gifts during a customary law divorce is significant for the interaction of legal orders in sub-Saharan Africa, especially in the context of scholars' fixation with conflict of laws. In analysing this fatet, this article introduces normative intersectionality as a theoretical framework for a nuanced understanding of how laws and socio-economic forces interact in post-colonial settings. Normative intersectionality rejects a legal positivist view of rights, which neglects people's adaptation of indigenous norms to socioeconomic changes. In this sense, normative intersectionality is useful for addressing the traditional Igbo law of matrimonial property, which regards a married woman's property rights as subsumed in her husband's rights. Using the division of marriage gifts in Southern Nigeria as a case study, the article draws attention to how legal orders speak to, rather than against, each other, and in so doing, stresses the adaptive character of indigenous laws. It argues that normative intersectionality illumines the interplay of gender equality, property rights and legal pluralism. Accordingly, it urges judges to use the imitative nature of legal pluralism in post-colonial settings to remedy entrenched systems of injustice and inequality, which often hide under the banner of tradition. Keywords: Adaptive legal pluralism, marriage gifts, African customary law, matrimonial property rights.

A New Era of Customary Property Rights? – Liberia’s Land and Forest Legislation in Light of the Indigenous Right to Self-Determination

2019 ◽  
Vol 52 (4) ◽  
pp. 439-462
Author(s):  
Ricarda Rösch
Keyword(s):  
Property Rights ◽  
Land Tenure ◽  
Land Rights ◽  
Self Determination ◽  
Sub Saharan Africa ◽  
Starting Point ◽  
Sub Saharan ◽  
Forest Legislation ◽  
Customary Land ◽  
The Right

After the end of Liberia’s civil war in 2003, the country embarked upon the reform of its forest and land legislation. This culminated in the adoption of the 2009 Community Rights Law with Respect to Forest Lands and the 2018 Land Rights Act, which NGOs and donors have described as being amongst the most progressive laws in sub-Saharan Africa with regard to the recognition of customary land tenure. Given these actors commitment to human rights, this article takes the indigenous right to self-determination as a starting point for analysing customary property rights and their implementation in Liberia. This includes the examination of the Liberian concept of the 1) recognition and nature of customary land rights, 2) customary ownership of natural resources, 3) jurisdiction over customary land, 4) the prohibition of forcible removal, and 5) the right to free, prior and informed consent.

scholarly journals Book reviews: Robert Guest (2004) “The Shackled Continent: Power, Corruption, and African Lives”

2020 ◽  
Vol 6 (3) ◽  
pp. 13
Author(s):  
Tadele Zemede Wubayehu
Keyword(s):  
Property Rights ◽  
Development Process ◽  
Resource Curse ◽  
Global Capitalism ◽  
Sub Saharan Africa ◽  
The Past ◽  
The World ◽  
Sub Saharan ◽  
Tribal Politics

Over the past two decades, extreme poverty has been decreasing in all regions of the world except for sub-Saharan Africa. This attracted the attention of many scholars and policymakers from Africa and other continents of the world to study and understand the reason why Africa has remained so poor. As a result, many scholars have advanced many reasons for poverty and underdevelopment on the continent.  However, no consensus is reached among scholars for poverty and underdevelopment of Africa. 'The shackled continent' is one of the books that has attempted to explain the reasons why Africa has remained so poor. The main of this paper was to critically review the book. The shackled continent has critically analyzed and identified many hobbles that have affected the development process in Africa.  In this regard, the author assumption is that Africa has remained so poor as a result of several factors which includes failures of leadership, tribal politics, bad governance, impacts of AIDs, resource curse, lack of transparent property rights, ethnic strife, corruption, frequent military coups, and development assistance failures. Guest admits that these reasons to some extent contribute to the Africans' development challenges. However, arguably failures of leadership are the main reason for underdevelopment in Africa. The author argues that global capitalism is merely a solution to Africa's problems. This book has many strengths as well as weaknesses.

Traditional property rights, common property, and mobility in semi-arid African pastoralist systems

2009 ◽  
Vol 14 (1) ◽  
pp. 29-50 ◽  
Author(s):  
RACHAEL E. GOODHUE ◽  
NANCY McCARTHY
Keyword(s):  
Social Welfare ◽  
Common Property ◽  
Private Property ◽  
Sub Saharan Africa ◽  
Grazing Land ◽  
Traditional System ◽  
Property System ◽  
Sub Saharan ◽  
Management Institutions ◽  
The Right

ABSTRACTTraditional pastoralist land management institutions in sub-Saharan Africa have been stressed by an increasing human population and related forces, including private enclosure of grazing land; government-sponsored privatization; and the increasing prevalence of violent conflicts and livestock theft. We model the incompleteness and flexibility of traditional grazing rights using fuzzy set theory. We compare individual and social welfare under the traditional system to individual and social welfare under a private property system and a common property system. Whether the traditional system is preferred to private property depends on whether the value of mobility, as defined by the traditional system, is more valuable than the right of exclusion inherent in private property. We find that under some conditions the imprecision which characterizes traditional rights can result in higher social returns than a common property regime characterized by complete symmetric rights across all members of the user group and complete exclusion of non-members.

Institutionalizing the fight against money laundering in Tanzania: the potential, limitations and challenges

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Sub Saharan Africa ◽  
Institutional Framework ◽  
Content Type ◽  
Institutional Frameworks ◽  
Analysis Technique ◽  
Legal Perspective ◽  
The Law ◽  
Sub Saharan ◽  
The Government

Purpose This paper aims to examine the authorities tasked to fight against money laundering in Tanzania and appraise the efficacy of the country’s anti-money institutional framework to tackle the problem. Design/methodology/approach The paper draws on a qualitative research and data generated from the analysis of documentary materials. It surveys the anti-money laundering (AML) law in Tanzania to describe the legal and institutional frameworks for tackling money laundering. It explores law-related and non-law aspects to interrogate and appraise the efficacy of Tanzania’s AML law and authorities. The qualitative data were generated using the thematic content analysis technique. Findings The law in Tanzania establishes authorities and vests them with powers to combat money laundering. The authorities, which are part of Tanzania’s AML institutional framework, have been instrumental in combating money laundering. Nevertheless, several law-related and non-law factors emasculate the efficacy of the AML law and authorities in Tanzania. Some political and economic factors wear off the effectiveness of the country’s AML institutional framework. The transnational nature and complexity of money laundering overwhelm the capacity of the AML authorities in Tanzania. Practical implications The paper provides useful insights on money laundering and the legal regime to counteract the scourge in Tanzania which sets up the country’s AML institutional framework. It raises some issues for researchers, policymakers and law enforcers who can re-examine the problem and revisit the law and re-evaluate authorities and propose measures that will enable the government to reinforce the country’s AML regime. The paper makes a case for the government to implement the reforms of the country’s AML policy, legal and institutional frameworks. Originality/value The paper investigates issues relating to money laundering and its control in Tanzania beyond the legal perspective to uncover limitations and challenges that emasculate the efficacy of the AML authorities in the Tanzanian context. The issues examined in this paper are not unique to Tanzania and, hence, have relevance to other jurisdictions in sub-Saharan Africa.

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