scholarly journals The Politics of Land Law: Poverty and Land Legislation in Bangladesh

2021 ◽  
Author(s):  
◽  
S M Masum Billah
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Law Reform ◽  
Land Law ◽  
Post Colonial ◽  
Land Distribution ◽  
Land System ◽  
Land Tenure System ◽  
Historical Developments ◽  
Reform Model

<p>This thesis examines the major colonial and post-colonial land laws of Bangladesh and their relationship with poverty. It interprets them in the light of historical developments and social realities. The thesis argues that land laws in Bangladesh are essentially anti-poor. They contribute to the perpetuation of poverty.  At present, two-thirds of the poor in Bangladesh are land-related poor. The land system that prevailed in colonial Bengal during the British period deprived the peasants of their land rights. This situation demanded a radical land reform based on a distributive approach upon decolonisation in 1947. Unfortunately, in the post-colonial political and legal settings of Bangladesh, land distribution has been unequal. Such inequality coupled with a weak land tenure system and fragile institutional reform created widespread poverty.  The Bangladeshi land laws are complex and vague and dominated by politics. Its land law regime has structural loopholes and ideological drawbacks, which are enough to make reform attempts dysfunctional.  Poverty in Bangladesh is a result of cumulative and mutually reinforcing deprivations. Land law is a major participant in it. Poverty will persist unless law addresses the true reasons of the poverty and a pro-poor approach to land reform is pursued.  The gap between “law” and “land” is exposed and a distributive land law reform model is proposed.</p>

scholarly journals The Politics of Land Law: Poverty and Land Legislation in Bangladesh

2021 ◽  
Author(s):  
◽  
S M Masum Billah
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Law Reform ◽  
Land Law ◽  
Post Colonial ◽  
Land Distribution ◽  
Land System ◽  
Land Tenure System ◽  
Historical Developments ◽  
Reform Model

<p>This thesis examines the major colonial and post-colonial land laws of Bangladesh and their relationship with poverty. It interprets them in the light of historical developments and social realities. The thesis argues that land laws in Bangladesh are essentially anti-poor. They contribute to the perpetuation of poverty.  At present, two-thirds of the poor in Bangladesh are land-related poor. The land system that prevailed in colonial Bengal during the British period deprived the peasants of their land rights. This situation demanded a radical land reform based on a distributive approach upon decolonisation in 1947. Unfortunately, in the post-colonial political and legal settings of Bangladesh, land distribution has been unequal. Such inequality coupled with a weak land tenure system and fragile institutional reform created widespread poverty.  The Bangladeshi land laws are complex and vague and dominated by politics. Its land law regime has structural loopholes and ideological drawbacks, which are enough to make reform attempts dysfunctional.  Poverty in Bangladesh is a result of cumulative and mutually reinforcing deprivations. Land law is a major participant in it. Poverty will persist unless law addresses the true reasons of the poverty and a pro-poor approach to land reform is pursued.  The gap between “law” and “land” is exposed and a distributive land law reform model is proposed.</p>

Syed Nawab Haider Naqvi, Mahmood Hasan Khan and M. Ghaffu Otaudhry (edt.). LaJld Reforms in Pakistan, A Historical Perspective. Islamabad: Pakistan Institute of Development Economics 1987. viii+216 pp.Price: Rs 220 (USS 35) for hardcover; Rs 140.00 (USS 20) for soft-cover.

1988 ◽  
Vol 27 (2) ◽  
pp. 217-218
Author(s):  
Luther Tweeten
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
State Ownership ◽  
Land Reforms ◽  
Policy Makers ◽  
Rural Pakistan ◽  
The Status ◽  
Land Tenure System ◽  
Ownership Of Land ◽  
High Degree

The authors describe how Pakistan has grappled with land reform, surely one of the most intractable and divisive issues facing agriculture anywhere. The land-tenure system at independence in 1947 included a high degree of land ownership concentration, absentee landlordism, insecurity of tenant tenure, and excessive rent. Land reform since 1947 focused on imposition of ceilings on landholding, distribution of land to landless tenants and small owners, and readjustments of contracts to improve the position of the tenant. These reformist measures have removed some but by no means all of the undesirable characteristics of the system. The authors list as well as present a critique of the reports of five official committees and commissions on land reform. The reports highlight the conflicts and ideologies of the reformers. The predominant ideal of the land reformers is a system of peasant proprietorship although some reformers favoured other systems such as communal farming and state ownership of land, and still others favoured cash rents over share rents. More pragmatic reformers recognized that tenancy is likely to be with Pakistan for the foreseeable future and that the batai (sharecropping) arrangement is the most workable system. According to the editors, the batai system can work to the advantage of landlord and tenant if the ceilings on landholding can be sufficiently lowered (and enforced), the security of the tenant is ensured, and the tenant has recourse to the courts for adjudication of disputes with landlords. Many policy-makers in Pakistan have come to accept that position but intervention by the State to realize the ideal has been slow. The editors conclude that" ... the end result of these land reforms is that they have not succeeded in significantly changing the status quo in rural Pakistan" (p. 29).

scholarly journals CONSEQUENCES OF LAND REFORM IN UKRAINE ON THE EXAMPLE OF GEORGIA AND MOLDOVA

2021 ◽  
Vol 2 (17) ◽  
pp. 135-148
Author(s):  
V. I. Selezniov ◽  
S. O. Yakubovskiy
Keyword(s):  
Land Reform ◽  
Agricultural Sector ◽  
Developed Countries ◽  
Land Market ◽  
Land Resources ◽  
Family Farms ◽  
Land Reforms ◽  
Land Distribution ◽  
Land System ◽  
Further Development

The article is aimed at investigating the expediency of land reform in Ukraine. The process and consequences of land reforms in Georgia and Moldova are considered. The indicators of development of the agricultural sector and the degree of involvement of the population in it are revealed. The world experience of land distribution was analysed. The most effective strategy of land reform development by analysing the research in the dependence of efficiency of land plots utilization on the size of households that cultivate them was revealed. The efficiency of agroholdings and family farms is compared. Determined trends in the distribution and size of plots in developed countries. Analysed the gradual adoption of decisions in the development of land reform and their effects on the success of such reform in Georgia and Moldova.           The current decisions of the Ukrainian government on the way to reforming land distribution and use of land resources are considered. Parallels of the current Ukrainian land reform based on the experience of Moldova and Georgia are identified. The assumption of success and expediency of the decisions taken, which could potentially come into force when the Verkhovna Rada of Ukraine discusses the format of the land reform, was put forward. Analysed the further development of the land sector according to the gradual entry into force of the adopted legislation. The issues of expediency of opening the land market to foreigners were considered. Penetrated the experience of international partners and countries already decided on the admission or non-admission of foreign contractors to the national land market. The degree of development of accounting and inventory of existing land plots and completeness of filling the land cadastre of the three countries under study was determined.           The research method was the analysis of the current land system of Georgia and Moldova by studying articles on the dynamics of changes in local legislation. The main economic indicators that may indicate the degree of success of the reforms in these countries are considered. Due to such indicators, a detailed analysis of the latest changes in the legislation of Ukraine predicted and assessed the feasibility of the reforms.

scholarly journals Sugar and Democracy in Fiji: the Material Foundations of Post-Colonial Authoritarianism 1970-2005

2021 ◽  
Author(s):  
◽  
Keiran Barbalich
Keyword(s):  
Land Tenure ◽  
Political Institutions ◽  
Sugar Industry ◽  
Market Price ◽  
World Market ◽  
Post Colonial ◽  
Tenure System ◽  
Land Rents ◽  
Land Tenure System ◽  
Sugar Exports

<p>Fiji became independent in 1970, and functioned for 17 years under a constitution with democratic elements, including elections. Three times since 1987, however, armed force has overthrown constitutionally elected governments. Some observers see this as a failure of the consolidation of Fijian democracy, while others acknowledge the facade of Fijian democracy. Among those who acknowledge Fiji's authoritarian institutions, conflict persists as to whether authoritarianism is the inevitable product of ethnic conflict in Fijian society, or a consequence of post-colonial institutional legacies. No movement toward democracy in Fiji is likely to succeed until we understand the material foundations underlying Fiji's authoritarian politics. This thesis argues that Fiji' authoritarian political institutions, established under colonial rule, have been sustained since independence by forces in the international economy. These forces have helped to maintain the economic, social and political dominance of a Pacific-Fijian chiefly elite over Fijian society. Specially, chiefly control of the sugar industry, Fiji's principal export, has provided chiefs with sufficient patronage resources to retain their control over Fijian society through electoral politics or, at the event of undesirable electoral outcomes, through armed opposition. Through post-colonial structures, the chiefs control the land-tenure system, and through their setting and receipt of land rents, they have been the principal beneficiaries of Fiji's sugar exports. This comparatively inefficient industry, and the social and political institutions that it rests on, have survived because Fiji, as party to the European Union's Sugar Protocol, has received two-and-a-half to three times the world market price for its sugar exports between 1975 and 2009. This thesis makes its case through close textual analysis of Fiji's three constitutions, detailed inspection of Fiji's land-tenure system, and, specifically, the accounts of the Native Land Trust Board, as well as examination of the secondary literature on Fiji's sugar industry.</p>

Agricultural Development in Taiwan under Japanese Colonial Rule

1964 ◽  
Vol 23 (4) ◽  
pp. 555-570 ◽  
Author(s):  
Ramon H. Myers ◽  
Adrienne Ching
Keyword(s):  
Income Distribution ◽  
Land Tenure ◽  
Political Institutions ◽  
Agricultural Development ◽  
Land Distribution ◽  
Tenure System ◽  
The Social ◽  
Japanese Colonial ◽  
Land Tenure System ◽  
Consumption Saving

Studies of Asian agriculture have argued that land-tenure systems have often retarded agricultural development, in that unequal land distribution and widespread tenancy have given peasants little power to resist landlord efforts to squeeze and rack-rent them. Because landlords have been disinclined to devote their wealth and energies to improving the land, agriculture has stagnated and peasants have became poorer. A conspicuous weakness in this argument is that it begs the question whether a land-tenure system of more or less equal holdings best promotes agricultural development. The land-tenure system influences income distribution in agriculture, but it is impossible to say how a given income distribution influences landlord consumption, saving, and investment decisions unless more is known about the social and political institutions of a given rural society.

scholarly journals Abolition of 'Kipat' Land Tenure System: The Context and Consequences

2010 ◽  
Vol 27 (1-2) ◽  
pp. 113-120
Author(s):  
Ram Kumar Ghimire
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Arable Land ◽  
Social Setting ◽  
Land Reforms ◽  
Tenure System ◽  
Hilly Region ◽  
Land Tenure System ◽  
Productive Land ◽  
Social Use

'Kipat' was tenure of land existing mainly in Eastern part of Nepal. Thiswas a communal land holding by the Kirats of the then Majh and Pallo Kiratarea. After the unification of the modern Nepal, late king Prithivi Narayan Shah also established the type of tenure in the same manner as it was in the control of the Kirat tiny state. The land tenure system of Kirat was communal. The land wasnot saleable to other persons who were not the progeny of the first user andmaker of the Pakho-Banjo to arable land. It might be given as Dan; theJ immawala might give it by Pajani. The land ultimately was the property of King,and King could make and change on the holding for social use. Kirat area was not the conquered part of Nepal but it was annexed in Nepal by negotiation between the Kirata and the ruler of Nepal. Limbu, Rai and Khumbu devoted land to the king to win mercy and obtain the ranks like Subba, Majhiya, Jimi etc. Mahesh Chandra Regmi claims that Tamang, Sherpa, Kumhal and  Lepcha had also this form of tenure. Similarly, Tamang of East No. 1 and 2and Majhi-Bote of Palpa and Achham had tiny Kipat land. But Sherpas of eastern Nepal had no such tenural land. The Rana rulers had also continued the Kipatland tenure system. After the dawn of democracy, the overall pattern of governance changed. In this context, different segments of people raised issues of political and social change. The change of land tenure system was also one among them. The UN agency FAO started to lead for positive changes on land issues. In the 60s, like most of others LDCs, Nepal had adopted the state-led land reform program. In this context, the Land Reforms Act, 1964 was proclaimed. The Land Act was amended many times; Kipat was abolished by the 2ndamendment of the Land Act. The consequences of the Kipat abolition did not show greater influence in social setting, national polity and economy. Some minor effects were shown in this context. Kipatias were from ethnic group. Their main occupation was traditional but after the first and second War, they joined British army in a large number. Some of the Kirat started to go to the India for extra earning. When the income rose, they started to migrate to Tarai. Kipatias could sell their parental land as they need not tie up with the parental land. The abolition of this tenure did not create any kind of problem in social setting. The political power was not centered on some handful persons due to the' Kipat' system. 'Kipat' was not like the Jimindari system, and there was no master servant relationship between peasants and Jimmawals. Generally, the decision wasmade in Kipatia society by social consensus, but not by any order of Jimmawal. The land-holding pattern was not in big scale in 'Kipat' tenure, so there was less room for the distributional effect. The data were not proper so how muchland was changed to Raikar after the abolition of 'Kipat' is some how unknown. The overall effect was not substantially shown due to the abolition of 'Kipat' tenure. So, it can be said that due to the abolition of 'Kipat' tenure administrative reform was made but not economic reform. After the abolition of 'Kipat', land was not distributed or consolidated. Holding pattern was not changed. 'Kipat' land was not so highly productive land. Mostly 'Kipat' was in hilly region and the quality of the land was not so good. By this, it can be projected that extra revenue from 'Kipat' abolition is not significant.

scholarly journals Influence of Land Tenure System on Social Economic Development of Households in Kajiado North District

2016 ◽  
Vol 1 (1) ◽  
pp. 1-15
Author(s):  
Wilson G. Ngotho ◽  
Dr. Maureen Kangu
Keyword(s):  
Economic Development ◽  
Land Tenure ◽  
Land Reform ◽  
Social Economic ◽  
Multiple Linear Regression Model ◽  
Infrastructure Development ◽  
Tenure System ◽  
Socio Economic Development ◽  
Land Tenure System ◽  
Social Economic Development

Purpose: The purpose of this study was to determine the effect of the land tenure system in Kajiado North District on social economic development of households in the area. Methodology: The study employed a descriptive research design. The study population was 108, 538 households in Kajiado North District. The study adopted the adjusting formula of Fisher of 1998 to arrive at the sample size of 384. The sample was selected through stratified random sampling that yielded 384 respondents. A multiple linear regression model was used to analyze the data using statistical package for the social sciences (SPSS) version 20.  Results: The study found that land fragmentation had a negative significant relation with the socio economic development of households in Kajiado North District. Infrastructure development on the other hand was found to have positive significant relationship withthe socio economic development of households in Kajiado North District.Unique contribution to theory, practice and policy: The findings of this study are useful to the National Land Commission and County government of Kajiado in their quest to ensure proper implementation of various land reform requirements and improving the welfare of the residents.

scholarly journals British Land Policies in the Gold Coast and Her Relations with Asante

2020 ◽  
Vol 38 (1) ◽  
pp. 163-181
Author(s):  
Samuel Adu-Gyamfi ◽  
Emmanuel Bempong ◽  
Henry Tettey Yartey ◽  
Benjamin Dompreh Darkwa
Keyword(s):  
Land Tenure ◽  
Focal Point ◽  
Research Approach ◽  
Land Distribution ◽  
Cash Crops ◽  
Tenure System ◽  
The People ◽  
Land Tenure System ◽  
Laws And Policies ◽  
Land Policies

AbstractColonization successfully advanced various reforms in Africa that affected several practices on the continent. The various customs that have been affected include the land tenure system of British colonies in particular. An abundance of laws and policies were adopted with the sole aim of conserving the environment. These policies often clashed with indigenous interests and witnessed counter attacks as a result. Despite this, there is little information in the literature concerning how British land policies shaped their relations with the indigenous people, particularly the Asante. Based on a qualitative research approach, the current study uses Asante as a focal point of discourse in order to historically trace British land policies and how they, the British engaged with the people of Asante. From the discourse, it should be established that the colonial administration passed ordinances to mobilize revenue and not necessarily for the protection of the environment. In addition, the findings indicated that the boom in cash crops, such as cocoa and rubber, prompted Britain to reform the land tenure system. With the land policies, individuals and private organizations could acquire lands from local authorities for the cultivation of cash crops. We conclude that the quest to control land distribution caused the British to further annex Asante.

Understanding Land Reform in Ghana

2016 ◽  
Vol 48 (4) ◽  
pp. 661-680 ◽  
Author(s):  
Franklin Obeng-Odoom
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Poverty Reduction ◽  
Institutional Framework ◽  
Concerted Effort ◽  
Development Discourse ◽  
Post Colonial ◽  
Continuity And Change ◽  
Political Economic

Land reform has become particularly prominent in development discourse in recent times. Advocates emphasize its importance for poverty reduction in underdeveloped economies. However, how reform comes about and evolves and what it is and does is situated, not universal, as neoclassical economists suggest. This paper sheds light on the meaning, evolution, and outcomes of land reform in Ghana. It draws on historical and contemporary socio-legal and political-economic sources of evidence, analyzed within a critical postcolonial institutional framework. It shows important features of continuity and change in both colonial and post-colonial land reform. While pre-colonial land tenure relations are misrepresented as entailing no market activities, the concerted effort to introduce “capitalist markets” into the land sector to produce “socially efficient outcomes” has led to contradictory results.

The Politics of Land Reform in Kenya 2012

2014 ◽  
Vol 57 (1) ◽  
pp. 115-130 ◽  
Author(s):  
Ambreena Manji
Keyword(s):  
Civil Society ◽  
Land Reform ◽  
Land Policy ◽  
Law Reform ◽  
Reform Process ◽  
Land Law ◽  
Land Registration ◽  
Land Law Reform

Abstract:This article provides a critique of the final stages of Kenya’s land law reform process, which has resulted in the approval of the 2012 Land Act, Land Registration Act, and National Land Commission Act. It argues that in spite of the constitutional and political importance of the new legislation, the process was marked by haste, lack of engagement by legislators, and little participation by citizens. The new laws can be viewed as a deeply disappointing outcome of a decade’s struggle over land policy. The article explores the effects of the constitutional deadlines for new legislation; the contradictory role of civil society in relation to the new laws and the bureaucratic structures they create; and the redistributive intentions and potential of the new land legislation.

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