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 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.

Landowner Groups and the Codification of Custom in Papua New Guinea

2016 ◽  
Author(s):  
Victoria C. Stead
Keyword(s):  
Papua New Guinea ◽  
Land Tenure ◽  
Land Reform ◽  
Large Scale ◽  
New Guinea ◽  
Resource Extraction ◽  
Land Reforms ◽  
Middle Way ◽  
Customary Land ◽  
Relations Of Power

Although it diverges markedly from the vision of the Melanesian Way elaborated in the 1975 constitution, large-scale resource extraction has in recent decades been championed as the key mechanism for development in Papua New Guinea. In this context, forms of “middle-way” land reform are advocated as means of rendering customary land tenure commensurable with the requirements of modern, capitalist practices of production and economic activity. Principal amongst these are Incorporated Land Groups (ILGs) and lease-lease-back arrangements. Ethnographic exploration of communities affected by the tuna industry in Madang Province shows how these land reforms transform structures and cartographies of power, privileging the agents of the state and global capital at the same time that they transform relations of power within communities. At the same time, however, forms of codification and the assertion of landowner identities allow communities to make claims against outside agents involved in resource extractive activity on their lands.

Customary Land-Tenure and the Poor: A Study of Jharkhand and Meghalaya

Social Change ◽  
2020 ◽  
Vol 50 (3) ◽  
pp. 430-446
Author(s):  
Ankita Goyal
Keyword(s):  
Land Tenure ◽  
Agricultural Land ◽  
Primary Data ◽  
Disadvantaged Communities ◽  
The Status ◽  
Land Tenure System ◽  
Customary Laws ◽  
Customary Land ◽  
And Control ◽  
Individual Ownership

For most people living in rural India having access and control over land is crucial for their livelihood, more so in the case of tribals. This article analyses the nature of the customary land-tenure system in some districts of Jharkhand and Meghalaya and their impact on livelihood patterns, food security and poverty. Based on both secondary and primary data, the article seeks to examine the nature of the customary land-tenure systems in selected scheduled areas; specifically identifying the status of locals versus non-locals in managing land resources and analysing the extent to which women have been able to secure land rights under customary laws. The article concludes that though there are both positive and negative aspects to community and individual ownership of agricultural land, but on the whole the prevailing system does not helping in bettering the conditions of disadvantaged communities.

scholarly journals Land Reforms in Central Asia: The Transition from Production Cooperatives to Services Cooperatives

2019 ◽  
Vol 5 (1) ◽  
pp. 1-3
Author(s):  
Muhammad Waqas ◽  
Mian Muhammad Saleem
Keyword(s):  
Land Tenure ◽  
Land Reforms ◽  
State Legislation ◽  
Agriculture Sector ◽  
Tenure System ◽  
Central Asian ◽  
Conspiracy Of Silence ◽  
Land Tenure System ◽  
Central Asian Republics ◽  
Made In

At the eve of Independence, the political leadership of Central Asian Republics was committed towards privatization. Different liberalization strategies were announced that would follow effective state legislation. It was intended that the privatization program would be extended towards agriculture sector and land reforms would be introduced. But the literature reveals that relatively very little development has been made in this domain and no detailed plan for agriculture reforms or efficient legislation on privatization of agriculture land has been adopted.  This study analyzes the Imperial and post-Imperial era land tenure arrangements in the Central Asian Republics that includes an analysis of the land tenure legislations made so far in the republics during Soviet and post-Soviet era. An analysis of the legislations yields the dramatic presence of imperial legacy in the land tenure system and conspiracy of silence on the land reforms in Central Asian Republics.

scholarly journals Analysis of the Agrarian Land Reform in Uzbekistan During the Soviet Era and After Transition

2015 ◽  
Vol 3 (2) ◽  
pp. 61-67 ◽  
Author(s):  
Aygul Ismailova ◽  
Elmurod Baynazarov
Keyword(s):  
International Organizations ◽  
Land Tenure ◽  
Land Reform ◽  
Transition Period ◽  
Land Reforms ◽  
Soviet Government ◽  
Agrarian Reforms ◽  
Stable Growth ◽  
The Times ◽  
Tenure Process

AbstractThe aim of this paper is to review the development of land tenure process in Uzbekistan from the times of socialism up to current days. Based on the results of the analysis we found out that structure of land tenure in Uzbekistan before 1917 was different. After the implementation of the agrarian reforms in December 1925 by Soviet government, the land was nationalized in Uzbekistan. However, during transition period the structure of land tenure after the establishment of new land reforms was significantly diversified in Uzbekistan. Success of the land reforms is very important for Uzbekistan in providing stable growth in the country. Given analysis is based on data from official statistical organizations, international organizations and other research materials.

scholarly journals “An orgy of licence?” Democracy and property redistribution in Poland and the Baltics in their international context, 1918–1926

2018 ◽  
Vol 46 (5) ◽  
pp. 791-808 ◽  
Author(s):  
Klaus Richter
Keyword(s):  
Land Reform ◽  
Western Europe ◽  
Private Property ◽  
Land Reforms ◽  
East Central Europe ◽  
International Context ◽  
East Central ◽  
National Minorities ◽  
The Status ◽  
New States

The article argues that property redistribution was a major tool of democratization and nationalization in Poland and the Baltics. It provided governments with a means to give peasants a stake in the new democratic states, thus empower the new titular nations and at the same time marginalize former elites, who became national minorities. The most significant acts of property redistribution were the land reforms passed between 1919 and 1925, which achieved the status of founding charters of the new states. Activists of the disenfranchised minorities conceptualized minority protection as the “Magna Carta” of the international order, which should contain the principle of national self-determination and thus safeguard private property, the protection of which was not clearly regulated by international law. By examining the contingencies of the aftermath of the war in East Central Europe as well as discussions about changing conceptions of property ownership in both East Central and Western Europe, the article shows that land reform was meant to counter Bolshevism, but, at the same time, created the impression abroad that the new states themselves displayed revolutionary tendencies and did not respect private property — an image that became a significant argument of interwar territorial revisionists.

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.

The Legal Status of Tenants and Sharecroppers in Seventeenth- and Eighteenth-Century France and Ottoman Syria

Rural History ◽  
2007 ◽  
Vol 18 (1) ◽  
pp. 23-46
Author(s):  
SABRINA JOSEPH
Keyword(s):  
Sixteenth Century ◽  
Land Tenure ◽  
Agricultural Development ◽  
Legal Status ◽  
Efficient Production ◽  
Tenant Farmer ◽  
The Social ◽  
Land Tenure System ◽  
Ownership Of Land

By the middle of the sixteenth century, the role of the tenant farmer and sharecropper in both Syria and France witnessed important transformations which lent increasing relevance to the social and legal status enjoyed by these cultivators. In various regions of France after the sixteenth century, a rising class of bourgeois landholders increasingly appropriated agricultural lands from both peasant proprietors and nobles, leading to the spread of both sharecropping and leasing contracts. In Ottoman Syria, the appropriation of peasant lands and proliferation of tenancy arrangements was linked to an expanding state which sought to consolidate power and ensure the consistent flow of revenue. Thus, this paper will address how the socio-legal discourse on tenants and sharecroppers differed in a context where arable lands were appropriated by private rather than public forces. Issues that are examined include: perceptions of agricultural innovation; possession rights; and payment of rent and other dues.While Islamic legal scholars articulated a discourse which sought to incorporate tenants and sharecroppers, French legal and social thinkers of the day championed the rights of the landlord above all else. Unlike their Syrian counterparts, French thinkers linked agricultural development and efficient production to private ownership of land. In Syria, on the other hand, jurists advocated a land tenure system in which the possession rights of cultivators were supported while landlord interests were not jeopardised. Thus, agricultural development in the Syrian case was articulated within a framework which conceded multiple layers of ownership. These ideas would have an important impact on nineteenth-century developments in both regions.

Lesotho's land tenure regimes: experiences of rural communities and the calls for land reform

2004 ◽  
Vol 42 (2) ◽  
pp. 283-303 ◽  
Author(s):  
Neville W. Pule ◽  
Motlatsi Thabane
Keyword(s):  
Rural Communities ◽  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Documentary Evidence ◽  
Long Term Consequences ◽  
Per Se ◽  
Customary Land ◽  
Ownership Of Land

Calls to reform Lesotho's traditional or customary land tenure abound. The main argument of those who call for reform is that there is no security of tenure, and therefore economic development and foreign and local investment in agriculture are lacking. Lately, traditional land tenure has been blamed for environmental degradation of agricultural land. Using oral and documentary evidence collected in the Rothe Ward, Mafeteng District, and the Mafeteng District Secretary's Office, this paper argues that the traditional land tenure is ambiguous on ownership of land, and is in need of reform designed to prevent various forms of chiefly abuse. However, no evidence of insecurity of tenure per se was found. Instead, poverty and lack of capital with which to acquire agricultural inputs in order to improve production were most prevalent in the responses of rural communities. Finally, the paper ends on a note of caution that reforms as envisaged may have calamitous long-term consequences both for rural communities and the country.

scholarly journals Models of Land Ownership in Islam: Analysis on Hadis Ihyā’ al-Mawāt

2018 ◽  
Vol 18 (2) ◽  
pp. 189
Author(s):  
Ahmad Suhendra
Keyword(s):  
Land Ownership ◽  
State Ownership ◽  
Land Conflicts ◽  
Religious Perspective ◽  
Land Dispute ◽  
Common Ownership ◽  
Land Disputes ◽  
The Status ◽  
Ownership Of Land ◽  
Individual Ownership

This article discusses land ownership from the perspective of tradition, especially the tradition of the revival of the dead earth (Iḥya ‘al-Mawāt). This relates to the land conflicts that often occur, so it requires a religious perspective in land ownership. Therefore, the issue raised is how the ownership of land in the Hadith? How Hadith provide a solution to the land dispute? To answer it used historical approach, hermeneutic, and sociology. Turns ownership in Islam there are three, namely individual ownership, common ownership and state ownership. Islam recognizes individual ownership is perfect (al-milk al-tāmm) and imperfect (al-milk al-nāqis). Criteria of land ownership in the Hadith oriented aspects of justice and benefits (maslaḥlah). Hadith Iḥya ‘al-Mawāt give you an idea that the Prophet prevent conflicts caused by land disputes by explaining the status and ownership of land with cultural framework. Efforts were made persuasively by a cultural approach, in addition to the structural approach.[Artikel ini membahas tentang kepemilikan tanah dari perspektif tradisi, terutama tradisi kebangkitan kembali bumi yang mati (Iḥya ‘al-Mawāt). Hal ini berkaitan dengan konflik tanah yang kerap terjadi, sehingga membutuhkan perspektif agama dalam kepemilikan tanah. Karena itu, masalah yang diangkat adalah bagaimana kepemilikan tanah dalam Hadis? Bagaimana Hadis memberikan solusi terhadap sengketa tanah? Untuk menjawabnya digunakan pendekatan historis, hermeneutik, dan sosiologi. Ternyata kepemilikan dalam Islam ada tiga, yaitu kepemilikan individu, kepemilikan bersama dan kepemilikan negara. Islam mengakui kepemilikan individu sempurna (al-milk al- tāmm) dan tidak sempurna (al-milk al-nāqis). Kriteria kepemilikan tanah dalam hadis berorientasi aspek keadilan dan tunjangan (maslaḥlah). Hadis Iḥya ‘al-Mawāt memberi Anda gagasan bahwa Nabi  mencegah  konflik yang  disebabkan  oleh  sengketa  tanah  dengan  menjelaskan  status  dan kepemilikan tanah dengan kerangka budaya. Upaya dilakukan secara persuasif dengan pendekatan budaya, disamping pendekatan struktural.]

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