Communal Land Rights in Zimbabwe as State Sanction and Social Control: A Narrative

Africa ◽  
2001 ◽  
Vol 71 (3) ◽  
pp. 426-448 ◽  
Author(s):  
Beacon Mbiba
Keyword(s):  
Social Control ◽  
Large Scale ◽  
Land Rights ◽  
Historical Approach ◽  
Post Colonial ◽  
Household Level ◽  
Communal Land ◽  
Commercial Farms ◽  
Communal Lands ◽  
The Government

AbstractThis article takes a historical approach to argue that communal lands in Zimbabwe are a construct inherited from colonial days (prior to 1980) which governments in post-colonial Zimbabwe have found convenient to maintain rather than dismantle. The construct is not only a convenient framework for the delivery of collective consumption goods but in turn it enables the government to subtly use communal lands as a framework for social control, especially in terms of urban management. The continued existence of communal land areas and land rights also sustains processes of social control at the household level. However, these are issues that will not receive attention in land debates as long as the larger problem of redistribution of large-scale commercial farms remains unresolved.

decolonisation in Africa since the latter generally implied that a compromise between the colonial power and the nationalist movement(s) is worked out in a constitutional conference which not only shaped the political system of the new post-colonial state, but also worked out the economic and financial obligations and arrangements of the new state vis-a-vis its previous colonial power. Frelimo's position that the Lusaka conference could only discuss the conditions of the transfer of power and not the content of the new power was accepted in the end by the Portuguese delegation. Furthermore, no agreements were made with respect to financial and economic ties as a carry-over from the colonial period. The concrete mechanism of the transfer of power was to take place through the immediate instalment of a transitional government in which Frelimo was the majority partner with Portuguese officials as the only remaining other partner. The immediate response to the agreements was the aborted attempt on the part of section of the settler population to seize power by means of Rhodesia-type unilateral declaration of independence. The period of the transitional government (up to independence in June 1975) and roughly the first two years after independence were characterised by the massive emigration of the settler population accompanied by an intense struggle waged by the colonial bourgeoisie and petty bourgeoisie in an attempt to destabilise the economy as well as to export most of its capital (in whatever form). Hence economic sabotage in its various forms - destruction of equipment, and economic infrastructure; killing of cattle stock; large-scale dismissal of workers from productive enterprises and complete production standstills - were practised on a large scale all over the country. The export of capital also assumed enormous proportions and took various forms: the collapse of the (colonial) state apparatus and the fact that banks were privately owned meant that it was easy to arrange for acquiring foreign exchange to import goods without any imports subsequently materialising, or to export cashew, cotton, etc., without the foreign exchange ever returning to the national bank; furthermore, initially no control was organised over the export of personal belongings of returning settlers which led to massive buying in shops and depletion of stock of commodities; finally, the direct illegal exportation across the borders to South Africa and Rhodesia of trucks, tractors, equipment, cattle, etc., further depleted the available means of production in the country. With this context economic policy was dictated by the necessity to fight against the destabilisation of the economy propelled by the actions of the colonial bourgeoisie and petty bourgeoisie (as well as of skilled and admin-istrative workers). The legal weapon was a decree of February 1975 which specified that in proven cases of acts of sabotage (which included the massive dismissal of workers and deliberate production stoppages) the government could intervene by transferring the management of the enterprise to an appointed administrative council composed of workers and often members of the old management as well. The social force which concretised this policy were the dynamising groups - popular organisations of militants which were constituted at community level as well as in enterprises, public institutions and government administrations. The outcome of this intense struggle was a sharp production crisis which

2013 ◽  
pp. 191-196
Keyword(s):  
Foreign Exchange ◽  
Large Scale ◽  
Social Force ◽  
Colonial Power ◽  
Colonial State ◽  
Post Colonial ◽  
Petty Bourgeoisie ◽  
The Government ◽  
Carry Over ◽  
Settler Population

The Manifestation of Climate Injustices: The Post-Hurricane Irma Conflicts Surrounding Barbuda’s Communal Land Tenure

2019 ◽  
Vol 06 (01) ◽  
pp. 1940002 ◽  
Author(s):  
April Karen Baptiste ◽  
Hubert Devonish
Keyword(s):  
Land Tenure ◽  
Land Rights ◽  
Small Island ◽  
Alternative Funding ◽  
Funding Sources ◽  
Nation States ◽  
Communal Land ◽  
Foreign Tourism ◽  
The Government ◽  
Hurricane Irma

Hurricane Irma caused significant destruction to the Caribbean during the 2017 Atlantic Hurricane season. In its aftermath, many of these Small Island Developing States (SIDS) are left with the dilemma of seeking ways to rebuild in some cases entire nation states. Using the case study of Antigua and Barbuda, where Barbuda was the first Caribbean island to receive a direct hit from Hurricane Irma, the paper begins to explore the ways in which the global system of exploitation of SIDS exacerbates internal historical conflicts which is a manifestation of climate injustices. Specifically, the Barbudans’ relative privilege in having inherited communal land rights have become, for the government, the barrier standing in the way of the only alternative funding sources for reconstruction, foreign tourism investment. Using the theoretical underpinnings of climate justice, we argue that the causers of climate change, who are generally the inheritors of the historic colonization, exploitation and impoverishment of these states, will effectively benefit from the intensity of Hurricane Irma, given that they will eventually get access to Barbudan land if the communal land rights are revoked.

Formal and Informal Rights to Land in Zimbabwe's Black Freehold Areas: a case-study From Msengezi

Africa ◽  
1982 ◽  
Vol 52 (3) ◽  
pp. 77-91 ◽  
Author(s):  
A. P. Cheater
Keyword(s):  
Land Tenure ◽  
Large Scale ◽  
Small Scale ◽  
General Area ◽  
Land Law ◽  
Rural Farmers ◽  
European Area ◽  
Commercial Farms ◽  
Communal Lands

INTRODUCTIONIn 1930 the Land Apportionment Act created freehold areas exclusively for blacks, known as the ‘native purchase areas’. Forty-seven years later these sixty-six separate areas lost their legal identity when the Land Tenure Amendment Act consolidated them, and the formerly ‘European’ commercial farms, into the ‘general area’ distinct from the communally held ‘Tribal Trust Land’. Today, although the new Government has not yet touched Zimbabwe's land law, it has popularized new terms to describe these three categories: ‘rural farmers’ describes the peasantry in the communal lands; ‘small-scale commercial farmers’ locates freeholders in the former African purchase lands; and ‘large-scale commercial farmers’ are those whites– and handful of blacks – who work land in what used to be the ‘European area’. The small-scale commercial farmers, however, remain exclusively black. Thus we can talk of the African purchase lands as if they had not been affected by the Land Tenure Amendment Act of 1977.

scholarly journals PERLINDUNGAN HUKUM BAGI TANAH ULAYAT MASYARAKAT ADAT KESULTANAN DELI AKIBAT NASIONALISASI NV DELI MAATSCHAPPIJ [Legal Protection of the Communal Land Rights of the Deli Sultanate due to the Nationalization of NV Deli Maatschaapij]

Law Review ◽  
2020 ◽  
Vol 20 (1) ◽  
pp. 46
Author(s):  
Jeremy Aidianto Naibaho ◽  
Bambang Daru Nugroho ◽  
Yusuf Saepul Zamil
Keyword(s):  
Indigenous Peoples ◽  
Legal Protection ◽  
Land Rights ◽  
Library Research ◽  
National Economic ◽  
Communal Land ◽  
The Government ◽  
Plantation Company ◽  
Customary Land ◽  
The Impact

<p><em><span class="fontstyle0"><strong>Abstract</strong><br /></span></em></p><p><em><span class="fontstyle1">Nationalization of a Dutch-owned plantation company, NV Deli Maatschappij, was an attempt by the government to improve national economic situation. However, during the process, communal land which was concessioned to the plantation, was also nationalized and not given compensation by the government which resulted the indigenous people of Deli Sultanate losing their customary land. The former plantation land was converted to Cultivation Rights and handed over to the State Plantation Company This problem led to a prolonged conflict over ownership of the former estate. The purpose of this study is to determine the validity of the nationalization process carried out by Indonesian government on the existence of indigenous peoples’ customary land rights and obtain  settlement of customary land rights of indigenous peoples as the impact on nationalization. Furthermore, this research is normative legal research (library research) with a statutory approach (statue approach).<br /></span></em></p><p><span class="fontstyle0"><strong><em>Keywords: Nationalization, Communal Land, Compensation</em></strong><br /></span></p><p><span class="fontstyle3"><br /></span></p><p><span class="fontstyle3"><strong>Abstrak</strong><br /></span></p><p><span class="fontstyle4">Proses nasionalisasi Perusahaan Perkebunan milik Belanda, yaitu NV Deli </span><span class="fontstyle1">Maatschappij </span><span class="fontstyle4">adalah upaya pemerintah untuk memperbaiki perekonomian Negara. Namun dalam pelaksanaannya tanah ulayat yang dikonsesikan kepada perkebunan juga ikut ternasionalisasi dan tidak diberikan ganti kerugian oleh pemerintah yang berakibat Masyarakat Adat Kesultanan Deli kehilangan tanah ulayatnya. Tanah bekas perkebunan diubah menjadi Hak Guna Usaha dan diserahkan kepada Perusahaan Perkebunan Negara. Hal ini menimbulkan<br />konflik berkepanjangan tentang kepemilikan tanah bekas perkebunan tersebut. Penelitian ini merupakan penelitian hukum normatif (</span><em><span class="fontstyle1">library research</span></em><span class="fontstyle4">) dengan pendekatan undang-undang (</span><em><span class="fontstyle1">statue approach</span></em><span class="fontstyle4">). Tujuan penelitian ini adalah untuk menilai keabsahan proses nasionalisasi yang dilakukan oleh pemerintah Indonesia terhadap eksistensi hak ulayat Masyarakat Adat dan memperoleh penyelesaian sengketa tanah ulayat Masyarakat Adat sebagai dampak atas<br />nasionalisasi.<br /></span></p><p><strong><span class="fontstyle3">Kata Kunci: Nasionalisasi, Tanah Ulayat, Ganti Rugi</span> </strong></p>

scholarly journals Pembatasan Sosial Berskala Besar (PSBB) Dan Pidana Denda Dalam Rangka Pencegahan dan Pemberantasan Pandemi Coronavirus Disease (Covid)-19

2020 ◽  
Vol 7 (8) ◽  
pp. 687-694
Author(s):  
Kartono Kartono
Keyword(s):  
Law Enforcement ◽  
Social Control ◽  
Research Method ◽  
Large Scale ◽  
Public Awareness ◽  
Secondary Data ◽  
The Internet ◽  
Criminal Sanctions ◽  
Alternative Sanction ◽  
The Government

AbstractThe trend of the spread of Coronavirus (Covid)-19 which continues to soar has an impact on society for health, peace and safety of the soul.  Public awareness and compliance with laws and regulations and the government's call for a Large-Scale Social Restrictions (PSBB) policy are important not to be violated or ignored.  The application of criminal sanctions for fines is an alternative sanction in law enforcement so that people are deterred, educated and as a means of government social control. The research method is normative juridical supported by empirical research using secondary data in the form of books, legislation and the internet. Type of qualitative research. The results of the study concluded that the government must be firm in applying criminal sanctions and criminal fines as an alternative to making people deterrent, educated and as a means of social control Keywords: PSBB, Criminal Fines, Prevention.

scholarly journals Tinjauan Hukum Islam Pada Edaran Pemerintah dan MUI Dalam Menyikapi Wabah Covid-19 Setelah Pemberlakuan New Normal

2021 ◽  
Vol 7 (1) ◽  
pp. 393
Author(s):  
Cholisa Rosanti
Keyword(s):  
Research Method ◽  
Large Scale ◽  
Islamic Law ◽  
New Normal ◽  
Historical Approach ◽  
The Public ◽  
Normative Approach ◽  
The World ◽  
Pros And Cons ◽  
The Government

This study discusses the Covid-19 virus that is spreading in the world and its handling from the government and MUI after the implementation of new normal according to Islamic law. The government implements a large-scale social restrictions system (PSBB) or social distancing to break the chain of the spread of the covid-19 virus. The government has implemented new normal rules. MUI has issued a notice numbered Kep-1188 / DP-MUI / V / 2020 concerning new normalcy that will be applied by the government such as reopening places of worshipaccording to the health protocol. Nevertheless, this circular is a pros and cons for some people. The purpose of this study is to help the public understand whether the government and MUI circulars in tackling the plague after applying the new normal according to the Shari'a or actually contrary to Islamic Sharia. The research method is the study of literature literature with a normative approach and historical approach. The results of the study showed that the rules imposed by the government and MUI in dealing with the outbreak of Covid-19 pacsa new normal did not disregard Islamic law.

scholarly journals HAK KOMUNAL ATAS TANAH SEBAGAI HAK ATAS TANAH DESA PAKRAMAN DI BALI

2019 ◽  
Vol 13 (2) ◽  
pp. 9
Author(s):  
Made Oka Cahyadi Wiguna
Keyword(s):  
Social Interaction ◽  
Indigenous Peoples ◽  
Legal Protection ◽  
Land Rights ◽  
Customary Law ◽  
Law System ◽  
Village Leader ◽  
Communal Land ◽  
The Subject ◽  
The Government

The government has indeed provided legal protection and certainty to indigenous peoples regarding their ulayat lands, through a Ministerial Regulation. However, it needs to be studied more deeply about the concept of communal rights to land and Pakraman village as the subject of communal rights holders on land. Communal rights to land are conceptualized as models of land rights that have just been raised in the national land law system. The consequence is that indigenous and tribal peoples as communal rights holders are authorized to use and benefit from their communal land. Pakraman village qualifies as a subject of communal rights to land because Pakraman village in Bali is classified into the community of the community, has a system of customary government referred to as the traditional prajuru led by a customary village leader. Then Pakraman village has a legal area called the Palemahan Pakraman village. As an instrument that regulates the life and social interaction of the community, awig-awig is the customary law of the community in a Pakraman village in Bali.

scholarly journals The Land Rights of Indigenous Peoples: Revaluation of Papua Special Autonomy

2017 ◽  
Vol 3 (1) ◽  
pp. 77
Author(s):  
Eddy Pelupessy
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
Customary Law ◽  
Communal Land ◽  
National Legal System ◽  
Forest Law ◽  
Customary Rights ◽  
Mining Law ◽  
The Government ◽  
Indigenous Land

The purpose of Special Autonomy for Papua is to resolve the source of the problem in Papua, especially concerning the rights of indigenous peoples. Normatively, the background of local autonomy for Papua is affirmed in Act No. 21 of 2001 on Papua Special Autonomy. The results shows that the recognition and protection of the land rights of indigenous peoples have been set clearly in the national legal system, such as Agrarian Law, Forest Law, as well as in Mineral and Coal Mining Law. However, recognition and protection of indigenous peoples’ rights to land in various legal products is still ambivalent. The essence of protection of indigenous peoples’ rights to land is also clearly regulated in Act No. 21 of 2001 and Perdasus No. 23 of 2008 has put customary law community on ownership of communal land is not the object of development, especially in the field of investment. The customary right and indigenous land which is the property and become an authority on indigenous peoples must be recognized by the government and regional and national communities about its presence. Therefore, the government should strive to protect the customary right through regulation of the Ministry of Agrarian and Land Agency and other laws related to the issue of customary rights, customary lands, indigenous peoples and their authority.

Nigeria—Customary Land Law of the Itsekiris: A Look at Idundun v. Okumagba

1976 ◽  
Vol 20 (2) ◽  
pp. 107-126
Author(s):  
G. I. Emiko
Keyword(s):  
Land Rights ◽  
Customary Law ◽  
Land Law ◽  
Communal Land ◽  
Communal Lands ◽  
Customary Land

This case, as will be seen from the facts, was between the Itsekiri2 tribe sub-tribe in Warri Division of the Midwestern State of Nigeria, who were plaintiffs, and the defendants, a family from another tribe in Eastern Urhobo Division of the Midwestern State who had founded a home in Okere,3 Warri. It was about the “ownership” of a piece or parcel of land in Okere. The plaintiffs claimed, inter alia, a declaration that in accordance with Itsekiri customary law the piece or parcel of land in dispute at Okere, Warri, was the property of the Ogitsi Family of Okere subject only to the overlordship of the Olu (King) of Warri, now vested in and exercisable by Itsekiri Communal Lands Trustees by virtue of the Communal Land Rights (Vesting in Trustees) Law, 1958, and the Warri Division (Itsekiri Communal Lands) Trust Instrument, 1959.

scholarly journals The Role of Infrastructure in Mitigating Poverty Dynamics: The Case of an Irrigation Project in Sri Lanka

2014 ◽  
Vol 14 (3) ◽  
pp. 1117-1144 ◽  
Author(s):  
Yasuyuki Sawada ◽  
Masahiro Shoji ◽  
Shinya Sugawara ◽  
Naoko Shinkai
Keyword(s):  
Sri Lanka ◽  
Large Scale ◽  
Positive Impact ◽  
Credit Constraints ◽  
Household Level ◽  
Irrigation Project ◽  
Transient Poverty ◽  
The Government ◽  
The Impact ◽  
Irrigation Infrastructure

Abstract While it is known that access to physical infrastructure enhances household welfare, there are very few micro-econometric studies that analyze its role in mitigating chronic and transient poverty. This paper aims to bridge this gap in the existing literature by evaluating the impact of a large-scale irrigation infrastructure project implemented in Sri Lanka. It identifies the treatment effect of irrigation access by exploiting a situation where the government used lotteries to distribute irrigated plots. Furthermore, in order to disentangle the channels through which the irrigation reduces poverty, we extend the seasonal consumption smoothing model of Paxson (1993; “Consumption and Income Seasonality in Thailand.” Journal of Political Economy 191(1):39–72) by introducing endogenous credit constraints. Using unique household level monthly panel data over a year, it is shown that with irrigation accessibility, not only the average income increases but also the patterns of income fluctuation changes and the probability of binding credit constraint declines through which transient poverty is mitigated. These empirical results suggest that irrigation infrastructure has a positive impact on reducing both chronic and transient poverty directly and indirectly by improving income and relaxing credit constraints.

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