scholarly journals Egalitarian and market land reforms in the context of basic human rights and public welfare

2021 ◽  
Vol 2021 (1) ◽  
pp. 49-70
Author(s):  
Olena Borodina ◽  
◽  

Based on the generalization and analysis of modern scientific and applied approaches and real results of land transformations in the last century in transition economies, the article reveals the essence of the nature of market and egalitarian land reforms, as well as their goals and general economic results. Egalitarian reform has as its main priority a rapid reduction of rural poverty and development of the new landowners’ skills to build their potential for its implementation in the general societal context. Market-oriented land reform aims at economic efficiency of the market based allocation of resources to ensure the growth of export-oriented agricultural production. Egalitarian land reform focuses on human and the realization of his or her basic rights, while market land reform focuses on the economy. Empirical data on land reforms in China show that their egalitarian nature was based on the creation of a society with equal opportunities of its members in the management of and access to land resources and material benefits obtained from them, and on ensuring a wide spread of the benefits from rural growth in society as a whole. Currently, China is the only country in the world that progressed from a "country of low human development" in 1990 to a "country of high human development" in 2018. The author proves that the purpose of land reform cannot be primitivized to a simple division of land into plots for transfer to private ownership based on free market turnover. Guaranteeing basic human rights and achieving public welfare from a land reform are achieved not only via obtaining land in private ownership, but also via supporting these acts with a fair distribution of control over the production process. Imposing on society a pseudo-scientific concept that land is a commodity that, like an apartment, mobile phone or bag of feed, can be freely bought and sold on market at open auctions, which will consolidate the country's economic power would inevitably lead to even greater income polarization, violation of basic human rights and, consequently, to social confrontations and significant social upheavals. The publication was prepared within research project on "Spatial justice in land use for sustainable development of rural areas" (State Registration No 0121U108142).

2021 ◽  
Vol 2021 (1) ◽  
pp. 38-54
Author(s):  
Olena Borodina ◽  
◽  

Based on the generalization and analysis of modern scientific and applied approaches and real results of land transformations in the last century in transition economies, the article reveals the essence of the nature of market and egalitarian land reforms, as well as their goals and general economic results. Egalitarian reform has as its main priority a rapid reduction of rural poverty and development of the new landowners' skills to build their potential for its implementation in the general societal context. Market-oriented land reform aims at economic efficiency of the market based allocation of resources to ensure the growth of export-oriented agricultural production. Egalitarian land reform focuses on human and the realization of his or her basic rights, while market land reform focuses on the economy. Empirical data on land reforms in China show that their egalitarian nature was based on the creation of a society with equal opportunities of its members in the management of and access to land resources and material benefits obtained from them, and on ensuring a wide spread of the benefits from rural growth in society as a whole. Currently, China is the only country in the world that progressed from a "country of low human development" in 1990 to a "country of high human development" in 2018. The author proves that the purpose of land reform cannot be primitivized to a simple division of land into plots for transfer to private ownership based on free market turnover. Guaranteeing basic human rights and achieving public welfare from a land reform are achieved not only via obtaining land in private ownership, but also via supporting these acts with a fair distribution of control over the production process. Imposing on society a pseudo-scientific concept that land is a commodity that, like an apartment, mobile phone or bag of feed, can be freely bought and sold on market at open auctions, which will consolidate the country's economic power would inevitably lead to even greater income polarization, violation of basic human rights and, consequently, to social confrontations and significant social upheavals.


1976 ◽  
Vol 2 (4) ◽  
pp. 429-447
Author(s):  
Carlos A. Benito

Widespread rural poverty and a tendency of food production to stagnate are phenomena common to many Third World countries. The meager results of the development efforts of the last quarter century demand the search for new alternatives'. This essay addresses these problems under the premises of a holistic social philosophy which is found useful for understanding the causes of underdevelopment which are not regarded as a heritage of ‘traditions’ but of the interplay between them and a contemporaneous world process of production, and for finding a path of liberating development. It briefly investigates the nature and dynamic of a socioeconomic process based on unequal development between nations, between agricultural and industrial sectors, and between the peasantry and other agrarian groups. It also investigates the performance of land reforms and modernization projects as a means to overcome the conflicts that this process generates in rural areas. Basing itself on a social philosophy affirming the integral unfolding of each real man as the ultimate objective of social life, it proposes a rural way of development, geared to the construction of a socially and sectorally articulated economy. The key elements in this are intermediate organizations, intermediate technologies, integral consciousness, and, finally, cultural action (modernization with conscientization), because a change at the level of consciousness is necessary to subordinate technical and organizational changes to the needs of humankind.


2016 ◽  
Vol 4 (1) ◽  
pp. 65
Author(s):  
Syfujjaman Tarafder ◽  
Narayan Chandra Jana

The key purpose of this research is to examine the level of attainment of rural development in the two districts—Burdwan and Murshidabad. The reasons for selecting these two districts stems from the fact that majority of the population of these two districts dwell in rural areas. The concept of rural development is comprehensive. It includes economic development of rural people through the development of productive sectors and employment associated with rural infrastructural development as well human development. Therefore, rural development includes in its domain all the aspects of human development of the rural people. The present Central as well as State Governments have undertaken different policies and plans to bring about positive changes amidst the rural people. In most cases, however, the policies and plans fail to achieve the desired level of changes in the rural areas (Desai, 1991). Although in fewer isolated cases, some success has been achieved, but overall development remains to be reached. This research, based mainly on secondary data aims to investigate the scale of progress in the two districts —Burdwan and Murshidabad of West Bengal, India, in the areas embracing social correlates of rural poverty, basic infrastructure facilities, standard of living and quality of life. The data are analysed with the help of statistical and cartographical analysis.


2011 ◽  
Vol 1 (1) ◽  
pp. 32-48
Author(s):  
Annelies Ollieuz

This paper traces how the government policies on land rights have evolved over recent decades in Nepal and analyses the roles of existing power relations and vested interests in shaping their development and implementation. It is shown that historically entrenched power relations existing in the patrimonial political system have led to a highly unequal distribution of land. Ways to reduce inequality in land ownership to provide access to land for real farmers are essential, but due to these same entrenched power relations, they have not been implemented in earnest and land reforms over the last few decades have been unsuccessful. As a result, the same types of pre-capitalist social relations have persisted in rural areas. These relations have not been able to generate an agrarian surplus that can be invested in agriculture or other sectors of the economy. Furthermore, the concept of ‘property rights’ in relation to land has created a new problem in agrarian development in recent years, by fostering an environment in which people invest in land not to increase production but for speculation. As a result, it has become extremely difficult for poor people to purchase land to have a housing lot or for farming. The present democratic politics and institutions in the post 2006 context have still not shown any capacity or the interest to address the issue of land. Accordingly, the prospects for change at the moment seem bleak even though the rhetoric has increased. Moreover, the changed context calls for a new concept of land reform. This would take into account changes in the agrarian structure and an agrarian economy where mobility is high and injection of cash from outside the country has increased. It is finally argued that successful land reform should be led by grassroots political movements, with limited external intervention.


2017 ◽  
Vol 3 (1) ◽  
pp. 54-61
Author(s):  
Juan José Del Valle Coello

Recent decades have seen a surge in land reform throughout Sub-Saharan Africa, largely described as “new wave” land reforms aiming to promote rural development through decentralization and formal recognition of claims to land. Focusing on Tanzania, a country with historically highly centralized land management, this investigation examines how new legislation, in particular the 1999 Village Land Act, has attempted to address both local concerns and international pressures and evaluates how successful reforms have been in terms of both. This paper analyzes these reforms in the context of neoliberalism and the related “pro-poor growth” model, which advocates for the formalization and marketization of land titles as a long-term solution to rural poverty. It first provides a theoretical background on the debates surrounding land reform strategies and then examines specific examples from reforms in Tanzania.Tanzania’s reforms have been guided both by local grievances (such as lack of clarity and security regarding access to land) and international pressures (desiring, among other things, greater ease of foreign investment and the creation of a rural land market); as such, issues have frequently arisen in attempting to reconcile sometimes contradictory demands and determining priorities. The results of reforms have been mixed. Formalization, in particular, has shown the potential to exacerbate inequality instead of reducing it, and the process of formalization itself can lead to an increase in conflict over land. However, reforms have also opened new avenues for previously marginalized groups, such as pastoralists, to secure land access through participation in civil society.


Author(s):  
A. Domanskyj

Success factors of the of land reforms and sustainable development of the rural areas. Ownership and use of land resources has a dynamic and increasing tendency towards the concentration of land by certain state and public institutions as well as individuals in the historical aspect. It leads to the enrichment of the small monopolists and the poverty of the village. Usually, when a critical limit of conflict will be reached, it should be resolved by state reforms. From the second half of the 19th century, on the territory of today’s Ukraine there were three significant land reforms. First two are the reforms in 1848 in Austrian-Hungary, and Stolypin reform of 1906–1907. Their purpose and solutions can be directly related to the land reform that has started in the beginning of 1991 in Ukraine. Until now, this reform has not yet been fully implemented. It causes a number of progressive prods, connected primarily with the land market. The moratorium on the sale of agricultural land does stands in the way of land mortgages, land capital, investment attractiveness, issues related to land protection, soil fertility conservation, land use optimization, excessive use, land reclamation, and the development of small and medium-sized agricultural producers. Small and large villages have been disappearing, the problems of preserving forests, reservoirs, and biological diversity has been worsening. Certain risks can be seen in the newly amalgamated territorial communities as there is a high dependence between the number of village councils and villages. There are different models of land reforms applied in the world. European models of land reform, particularly Polish and French models are the most suitable in the light of current situation in Ukraine. The model of the harmonious development of rural areas, covering about 90% of the entireterritory of the country, should be based on the paradigm of sustainable development. In Europe, three major models of rural development have emerged: sectoral based on the development of agriculture; redistribution, which involves the reduction of discrepancies between the more underdeveloped rural areas and advance industries and the territorial (cluster) model that implies the development of the rural territories is carried out on the basis of the corresponding interdependencies within the local economy. There five models of rural development in Ukraine at the current stage: sectoral (intersectoral); redistributive; cluster; model, focused on the village, that entails priority given to meet the needs of the specific territory and local tradition preservation; and finally, the mixed, based on several components of the different models, mainly sectoral and cluster. Education, professional enhancement, spirituality and Christian ethics, citizens’ activism and civic society development also belongs to the crucial factors for the sustainable development of rural areas.


Land ◽  
2020 ◽  
Vol 9 (12) ◽  
pp. 471
Author(s):  
Alexis Rampa ◽  
Yiorgos Gadanakis ◽  
Gillian Rose

In an era of global warming, long-standing challenges for rural populations, including land inequality, poverty and food insecurity, risk being exacerbated by the effects of climate change. Innovative and effective approaches, such as Climate Smart Agriculture (CSA), are required to alleviate these environmental pressures without hampering efficiency. In countries with unequal distribution of land, where issues of access to and use of land rank high on the policy agenda, policymakers are confronted with the challenge of implementing interventions such as land reforms, whilst endeavouring to ensure that sustainable agriculture approaches be adopted by farm-households. The aim of this study is to investigate how land reforms can provide an opportunity for policymakers, particularly in lower-income countries, to enhance not only equity and efficiency but also environmental sustainability. In particular, this study builds on an extensive review of the theoretical and empirical literature and employs a conceptual framework analysis method to develop and describe a framework that explores how land reforms can be associated with the CSA approach. The resultant “Climate Smart Land Reform” (CSLR) framework contains four driving pillars, namely land redistribution, tenure reform, rural advisory services and markets and infrastructure. The framework disentangles relevant channels through which land reform, via its four pillars, can foster CSA adoption and thus contribute to the attainment of sustainable increases in agricultural productivity, climate change adaptation and climate change mitigation. The framework also includes relevant channels through which more ‘traditional’ objectives of land reformers, including economic, social and political objectives, can be achieved. In turn, the (partial) attainment of such objectives would lead to improvements in agroecological and socioeconomic conditions of rural areas and populations. These improvements are considered within the framework as the ‘ultimate’ objective of land reformers. The CSLR framework represents an innovative way of conceptualising how land reforms can generate beneficial effects not only in terms of equity and efficiency but also of environmental sustainability.


2017 ◽  
Vol 63 (1) ◽  
pp. 85-103 ◽  
Author(s):  
Siddhartha Mukerji

Land acquisition legislation in India has been a subject of public debate since Independence. Guided by the socialist pattern of economy, the government initiated land reforms in India but could only partially achieve this objective due to political stronghold of landed class in rural areas. Land was, however, acquired for building dams, mines and infrastructure. Such developmental initiatives were justified as steps being taken to achieve rapid economic development necessary for public welfare in the longer run. Also, there was little resistance to land acquisition as the level of political consciousness was low and there were few unorganised political organisations to channel the voices. In the post-liberalisation period, land acquisition legislations resulted from the thrust for commercialisation and fast track industrial investments. The new model of growth based on relentless competition implicit in a market economy created immense opportunities for the expansion of private business. Pro-business governments found it imperative to make prominent changes in the existing laws to smoothen the process of land acquisition. But, such measures have faced challenges on public platforms. Resistance to land acquisition is far more organised and powerful than what it was in the past. The article studies the politics of land acquisition in the light of recent steps taken by the pro-business governments to amend land laws and the resistance faced at both institutional and societal levels.


Author(s):  
L.V. Moldavan

Based on the analysis of land reforms that have taken place in world practice over the past century, the author proves that the market turnover of agricultural land is formed under the influence of two determined factors. On the one hand, it is the specific features of agricultural land, which is an indispensable strategic resource for food producers, is limited in space, irreproducible and cannot be a product in its classical meaning. On the other hand, land is the basis of agricultural production. However, agriculture performs not only an economic function, but also a social (national food independence, rural employment, population of rural settlements, and arrangement of rural areas) and environmental functions (protecting soils from pollution and degradation, supporting local agrolandscapes, etc.). In this context, the need for specific approaches to the market distribution of agricultural land is justified. Author analyzes foreign practice of the legislative regulation of agricultural land turnover with due regard to their economic and socio-ecological orientation. Also revealed are the consequences of the incompleteness of land reform in Ukraine, which are caused by the lack of definition of the requirements for land users, restrictions on land use, access to agricultural land for foreign companies, land market management and other aspects of land relations, and ways are proposed to address them.


2019 ◽  
Vol 1 (2) ◽  
pp. 212-236
Author(s):  
Yudha Chandra Arwana ◽  
Ridwan Arifin

Permasalahan sengketa pertanahan di banyak tempat memicu berbagai konflik, baik itu antara kelompok masyarakat, masyarakat dengan pengusaha, atau masyarakat dengan pemerintah. Pada banyak kasus di Indonesia, konflik agrarian sangat berkaitan erat gagalnya pemenuhan hak-hak warga oleh pemerintah, baik pada tingkat lokal daerah maupun nasional. Kepemilikan tanah dan kepastian hukum dalam permasalahan agrarian di Indonesia mengacu dan merujuk pada Undang-Undang No. 5 Tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria (UUPA). Reformasi Agraria (Landreform) menjadi salah satu bentuk implementasi undang-undang tersebut, termasuk perubahan struktur penguasaan pemilikan tanah yang tidak hanya dimaknai sebagai makna politik namun juga teknis. Tulisan ini menganalisis aktivitas landreform di Indonesia dalam kajian hak asasi manusia, termasuk proses penyelesaian sengketa pertanahan. Metode yang digunakan dalam tulisan ini yuridis normatif, dimana kajian hanya meliputi norma dan dasar hukum yang digunakan dalam penyelesaian sengketa agrarian dalam berbagai kasus. Kasus yang digunakan dalam penelitian ini bukan hasil penelusuran lapangan secara langsung, namun kasus-kasus yang sudah pernah terjadi di berbagai daerah yang diperoleh melalui media cetak atau online. Tulisan ini menegaskan bahwa proses penyelesaian sengketa agraria pada banyak kasus di Indonesia belum memenuhi standar pemenuhan hak asasi manusia, seperti adanya upaya paksa dan tindak kekerasan dari pemerintah, sikap refresif, diskriminatif, dan intimidatif. Tulisan ini menggarisbawahi dan menyimpulkan bahwa dalam penyelesaian konflik agraria dalam kajian hak asasi manusia harus melibatkan banyak pihak, salah satunya Komnas HAM.Land disputes in many places trigger various conflicts, whether between community groups, communities and entrepreneurs, or communities with the government. In many cases in Indonesia, agrarian conflict is closely related to the failure of the fulfilment of citizens' rights by the government, both at the local and national level. Land ownership and legal certainty in agrarian issues in Indonesia refer to and refer to Law No. 5 of 1960 concerning Basic Agrarian Principles Regulation (UUPA). Agrarian reform (Land Reform) is one form of implementation of the law, including a change in the structure of ownership of land ownership which is not only interpreted as a political but also a technical meaning. This paper analyse the activities of land reforms in Indonesia in the study of human rights, including the land dispute resolution process. The method used in this paper is normative juridical, where the study only covers the norms and legal basis used in agrarian dispute resolution in various cases. The cases used in this study are not direct field search results, but cases that have already occurred in various regions were obtained through print or online media. This paper emphasizes that the agrarian dispute resolution process in many cases in Indonesia has not met the standards of fulfilment of human rights, such as the existence of forced efforts and acts of violence from the government, repressive, discriminatory and intimidating attitudes. This paper underlines and concludes that the resolution of agrarian conflicts in the study of human rights must involve many parties, one of which is the National Human Rights Commission.


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