Negotiated or Negated? The Rhetoric and Reality of Customary Tenure in an Ashanti Village in Ghana

Africa ◽  
2008 ◽  
Vol 78 (2) ◽  
pp. 264-287 ◽  
Author(s):  
Janine M. Ubink
Keyword(s):  
Land Tenure ◽  
Social Inequalities ◽  
Playing Field ◽  
Political Relationships ◽  
The Social ◽  
Central Elements ◽  
Local Actors ◽  
Customary Rights ◽  
Customary Land ◽  
Property Regimes

Customary land tenure is seen as a field in which social and political relationships are diverse, overlapping and competing. Property regimes are, therefore, often analysed in terms of processes of negotiation, with people's social and political identities as central elements. This article studies the negotiability of customary tenure in peri-urban Ghana where land is at the centre of intense and unequal competition and closely tied up with struggles over authority. It focuses on one village to provide a grassroots view of processes of contestation of customary rights to land. The analysis of how and to what extent local actors in this village deal with, negotiate and struggle for rights to land confirms that contestants for land never operate on a level playing field. Postulating the social inequalities of local communities, the article analyses whether it is useful to place all local land dealings under the term ‘negotiations’, or whether such a characterization stretches the boundaries of the term too far and risks undermining the significance of local stratification and ignoring the winners and losers in a contest with uncertain rules.

Fractured Governance and Local Frictions: The Exclusionary Nature of a Clandestine Land Market in Southern Zambia

Africa ◽  
2010 ◽  
Vol 80 (1) ◽  
pp. 36-55 ◽  
Author(s):  
Nicholas J. Sitko
Keyword(s):  
Land Tenure ◽  
Land Rights ◽  
Land Market ◽  
Land Markets ◽  
Private Land ◽  
Land Administration ◽  
The Social ◽  
Customary Land ◽  
Rural Zambia

This article explores the ways in which efforts to expand private land tenure, coupled with the continued centrality of customary land administration in Zambia, produce a fractured system of land governance in which localized markets for land emerge but are forced to operate in a clandestine manner. Using ethnographic and archival data sources, I argue that despite the historical and contemporary relationship between land rights and economic ‘development’, the clandestine nature of land markets in rural Zambia tends to (re)produce many of the social ills that ‘development’ seeks to resolve. Using a case study of a clandestine market for land in a Tonga-speaking region of southern Zambia, this article shows how these markets undermine women's rights to land, while allowing for the consolidation of wealth and power in the hands of a few.

scholarly journals The Registration Of “Ulayat”’ Land In West Sumatra: Between The Legal Certainty And The Social Justice

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 585
Author(s):  
A. Yoma Amanda Putri ◽  
Djauhari Djauhari
Keyword(s):  
Social Justice ◽  
Customary Law ◽  
Legal Certainty ◽  
Land Registration ◽  
The Social ◽  
West Sumatra ◽  
Customary Rights ◽  
The Creation ◽  
Customary Land ◽  
The Right

Ulayat land House of communal rights is a member of the House, as a fellowship of customary law. The purpose of the arrangement of Ulayat Land is to protect the customary land and take the benefits for survival in some generations and uninterrupted between the members of the House with its territory. Conceptually, this is related to a social justice. While the purpose of the registration of land, according to the article 19 BAL is to guarantee the legal certainty over land. The implementation of Customary Land or Ulayat Land Registration was preceded by the creation of the base rights. The making of the pedestal of this right in the form of a waiver of physical mastery of plots of land (Sporadic). Before the creation of the pedestal of this right was preceded by the creation of Ranji by Ninik Mamak, which was passed by the House. The writing Empirical Juridical approach, was supported by empirical juridical approach. Empirical juridical approach was done by collecting all the materials and data obtained from the field-related to the problems are examined. Registration of the customary (Ulayat) rights of the House is done by applying to the Head Office of land district/city. The filing listed on behalf of or Mamak Head Heirs using a waiver of physical mastery of parcels of the land that are signed by the Mamak Head Chiefs as Heir. The statement must be approved by the head of the tribe or Tribal King and Chairman of custom Density Nagari and known by Lurah/village chief concerned by attaching a document containing the names of the members of the House of at least three generations created by Mamak Chief Heir and known by the ruler of the tribe and the leader of the RIGHT. The registration of Customary House was expected to guarantee legal certainty for members of the House as a fellowship of customary law, because it is aimed at maintaining Customary Rights for indigenous Justice. Therefore, the customary land register of House in conceptional in touch with the land registry purposes, i.e. to guarantee legal certainty while also embodying a sense of Justice for indigenous citizens (members of the House). Keywords: Social Justice; Legal Certainty; The Registration of Ulayat Land.

scholarly journals The land tenure and the land use among supiori in Papua

2020 ◽  
Vol 5 (1) ◽  
pp. 105
Author(s):  
Simon Abdi K. Frank ◽  
Agustinus Wenehen ◽  
Usman Idris
Keyword(s):  
Land Use ◽  
Data Analysis ◽  
Land Tenure ◽  
Group Discussion ◽  
Local Population ◽  
Infrastructure Development ◽  
Descriptive Research ◽  
Customary Rights ◽  
Customary Land ◽  
Depth Interviews

This article aims to explore various forms of land tenure and land use in Sorendiweri Village in East Supiori District, Papua Province. This research uses descriptive research using ethnography. The technique of determining informants is done purposively by determining key informants first that guides researchers to search for further informants. Data collection techniques used are in-depth interviews and FGD (Focus Group Discussion). Data analysis was carried out based on the factual culture of the community. The results show that the pattern of land tenure in the local population is communal at the clan level. Then, according to the local population, psychomo-logical and historicize view of customary land is very dominant because it states that customary land tenure in popular clans such as Sauyas that is more in line with history and relationships between clans. In addition, land tenure conflicts often occur because of the spread of land clearing in customary rights for infrastructure development and etc.

Transforming legal status of customary land rights: what this means for women and men in rural Africa.

2021 ◽  
pp. 169-181
Author(s):  
Liz Alden Wily
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Legal Status ◽  
Royal Commission ◽  
East African ◽  
Tenure Reform ◽  
Land Relations ◽  
Core Elements ◽  
Customary Rights ◽  
Customary Land

Abstract This chapter provides an overview of land tenure reform, which should, in theory, prove a potent trigger towards equitable land relations between men and women in the customary land sector. This has been progressively underway in Africa since the 1990s. Broadly, a common objective is to release customary rights from their historical subordination as occupancy and use rights on presumed unowned lands, and much of which land remains vests in governments as ownercustodians. Or, where national laws have treated customary rights more equitably, a principal aim of reforms is to increase their security by these rights to be registrable without their extinction and conversion into statutory private rights. In short, this new phase of African land reform could signal the end of 70 years of intended disappearance of customary tenure as formally advised by the East African Royal Commission in 1955 and core elements of which were also adopted by France in respect of its own African possessions.

scholarly journals LAND TENURE INSECURITY AND LAND CONFLICTS IN THE BAMENDAGRASSFIELDS OF CAMEROON: PUZZLING EVIDENCE FROM BALINYONGA/BAWOCK LAND CONFLICT

2021 ◽  
Vol 9 (01) ◽  
pp. 867-876
Author(s):  
Emmanuel Yenkong Sobseh ◽  
◽  
Willibroaddze- Ngwa ◽  
Keyword(s):  
Land Tenure ◽  
Common Property ◽  
Social Inequalities ◽  
Land Conflicts ◽  
Secondary Sources ◽  
Wide Range ◽  
The Rich ◽  
Customary Land ◽  
Ownership Of Land ◽  
Land Policies

This paper examines the challenges of land tenure insecurity and land conflicts in the Bamenda Grassfields of Cameroon. Colonial and later, postcolonial governments of Cameroon introduced different and most often, conflicting land policies. These divergent land policies, later on, replaced collective ownership of land with private ownership. This paper, focuses on the different causes of land tenure insecurity such as inequality, outside encroachment, and common property challenges. It also tackles the measure causes of land conflicts such as multiple land sales, land scarcity, population growth, poor boundary demarcation, land laws and contested records of land conflicts. Despite these challenges, land tenure security was achieved through customary land, state land and individual titling. However, the case study between Bali Nyonga and Bawock demonstrates efforts by different parties to confront, manage and resolve land dispute. Based on a wide range of primary and secondary sources, this paper argues that, land tenure insecurity and land disputes have benefitted the rich, and fostered social inequalities. The study concludes that, despite the lessons and opportunities for intervention advanced, land tenure insecurity and land conflicts in Cameroon could only be overcome, if the present structures and institutions of land management are modernized and restructured by stakeholders to benefit the majority.

Victor S. D'Souza. Development Planning and Structural Inequalities: The Response of the Underprivileged. New Delhi: Sage Publications 1990. Pages 206 + Index. Price: Rs 180 (Hardbound).

1991 ◽  
Vol 30 (3) ◽  
pp. 313-317
Author(s):  
Ziaul Haque
Keyword(s):  
Economic Growth ◽  
Economic Development ◽  
Social Structure ◽  
Social Transformation ◽  
Social Inequalities ◽  
Census Data ◽  
Development Planning ◽  
Capital Formation ◽  
Indian Society ◽  
The Social

Deveiopment planning in India, as in other developing countries, has generally been aimed at fostering an industrially-oriented policy as the engine of economic growth. This one-sided economic development, which results in capital formation, creation of urban elites, and underprivileged social classes of a modern society, has led to distortions in the social structure as a whole. On the contrary, as a result of this uneven economic development, which is narrowly measured in terms of economic growth and capital formation, the fruits of development have gone to the people according to their economic power and position in the social structure: those occupying higher positions benefiting much more than those occupying the lower ones. Thus, development planning has tended to increase inequalities and has sharpened divisive tendencies. Victor S. D'Souza, an eminent Indian sociologist, utilizing the Indian census data of 1961, 1971, and 1981, examines the problem of structural inequality with particular reference to the Indian Scheduled Castes and Scheduled Tribes - the two most underprivileged sections of the present Indian society which, according to the census of 1981, comprised 15.75 percent and 7.76 percent of India's population respectively. Theoretically, he takes the concept of development in a broad sense as related to the self-fulfIlment of the individual. The transformation of the unjust social structure, the levelling down of glaring economic and social inequalities, and the concern for the development of the underprivileged are for the author the basic elements of a planned development. This is the theoretical perspective of the first chapter, "Development Planning and Social Transformation".

scholarly journals COVID-19 and the calls of humanistic social work: Exploring the developmental-clinical social work concerns of the pandemic

2021 ◽  
pp. 002087282110079
Author(s):  
Robert K Chigangaidze
Keyword(s):  
Social Justice ◽  
Social Work ◽  
Global Health ◽  
Technological Innovation ◽  
Service Provision ◽  
Social Inequalities ◽  
Clinical Social Work ◽  
Health Community ◽  
The Social ◽  
The Face

Any health outbreak is beyond the biomedical approach. The COVID-19 pandemic exposes a calamitous need to address social inequalities prevalent in the global health community. Au fait with this, the impetus of this article is to explore the calls of humanistic social work in the face of the pandemic. It calls for the pursuit of social justice during the pandemic and after. It also calls for a holistic service provision, technological innovation and stewardship. Wrapping up, it challenges the global community to rethink their priorities – egotism or altruism. It emphasizes the ultimate way forward of addressing the social inequalities.

An Intimate Yet Anglo-Centric Account of a Renaissance Human Rights Man

2021 ◽  
Vol 54 (1) ◽  
pp. 120-134
Author(s):  
Dilek Kurban
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Social Inequalities ◽  
Political Conflict ◽  
Power Dynamics ◽  
Legal Scholar ◽  
Minority Community ◽  
The United Kingdom ◽  
The Social

In his well-researched biography, Mike Chinoy chronicles Kevin Boyle's life and career as a scholar, activist and lawyer, bringing to light his under-appreciated role in the civil rights movement in Northern Ireland and the efforts to find a peaceful solution to the conflict, as well as his contributions to human rights movements in the United Kingdom, Europe and the world. Are You With Me? is an important contribution to the literature on the actors who have shaped the norms, institutions and operations of human rights. In its efforts to shed light on one man, the book offers a fresh alternative to state-centric accounts of the origins of human rights. The book offers a portrait of a social movement actor turned legal scholar who used the law to contest the social inequalities against the minority community to which he belonged and to push for a solution to the underlying political conflict, as well as revelations of the complex power dynamics between human rights lawyers and the social movements they represent. In these respects Are You With Me? also provides valuable insights for socio-legal scholars, especially those focusing on legal mobilisation. At the same time the book could have provided a fuller and more complex biographical account had Chinoy been geographically and linguistically comprehensive in selecting his interviewees. The exclusion of Kurdish lawyers and human rights advocates is noticeable, particularly in light of the inclusion of Boyle's local partners in other contexts, such as South Africa.

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