scholarly journals Building on “Traditional” Land Dispute Resolution Mechanisms in Rural Ghana: Adaptive or Anachronistic?

Land ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 143
Author(s):  
Festus A. Asaaga

Despite the ongoing land administration reforms being implemented across sub-Saharan Africa (SSA), including Ghana, as a viable pathway to achieve tenure security and greater efficiency in land administration, the subject of land dispute resolution has received relatively less attention. Whereas customary tenure institutions play a central role in land administration (controlling ~80% of all land in Ghana), they remain at the fringes of the formal land dispute adjudicatory process. Recognising the pivotal role of traditional institutions as development agents and potential vehicles for promoting good land governance, recent discourses on land tenure have geared toward mainstreaming traditional land dispute institutions into the architecture of the formal judicial process via alternative dispute resolution pathways. Yet, little is known, at least empirically, as to the operations of traditional dispute resolution institutions in the contemporary context. This study therefore explores the importance of traditional dispute resolution institutions in the management of land-related disputes in southcentral and western Ghana, drawing on data collated from 380 farming households operating 746 plots. The results show that contrary to the conventional thinking that traditional institutions are anachronistic and not fit for purpose, they remain strong and a preferred forum for land dispute resolution (proving resilient and adaptable), given the changing socio-economic and tenurial conditions. Yet, these forums have differing implications for different actors within the customary spheres accessing them. The results highlight practical ways for incorporating traditional dispute resolution in the overall land governance setup in Ghana and elsewhere in sub-Saharan Africa. This has implications for redesigning context-specific and appropriate land-use policy interventions that address local land dispute resolution.

Author(s):  
Festus A. Asaaga

Despite the ongoing land administration reforms being implemented across sub-Saharan Africa (SSA), including Ghana as viable pathway to achieve tenure security and greater efficiency in land administration, the subject of land dispute resolution has received relatively less attention. Whereas customary tenure institutions play a central role in land administration (controlling ~80% of all land in Ghana), they remain at the fringes of the formal land dispute adjudicatory process. Recognizing the pivotal role traditional institutions as development agents and potential vehicles for promoting good land governance, recent discourse on land tenure have geared towards mainstreaming traditional land disputes institutions into the architecture of formal judicial process via alternative dispute resolution pathways. Yet little is known at least empirically as to the operations of traditional dispute resolution institutions in the contemporary context. This study therefore explores the importance of traditional dispute resolution institutions in the management of land-related disputes in southcentral and western Ghana. Drawing on data collated from 380 farming households operating 746 plots. The results show that contrary to the conventional thinking that traditional institutions are anachronistic and not fit for purpose, they remain strong and preferred forum for land dispute resolution (proving resilient and adaptable) given the changing socio-economic and tenurial conditions. Yet these forums have differing implications for different actors within the customary spheres accessing them. The results highlight practical ways for incorporating traditional dispute resolution in the overall land governance setup in Ghana and elsewhere in sub-Saharan Africa. This has implications for redesigning context-specific and appropriate land-use policy interventions that address local land dispute resolution.


1965 ◽  
Vol 9 (2) ◽  
pp. 114-139 ◽  
Author(s):  
Kwamena Bentsi-Enchill

Expressions Indicating varying degrees of dissatisfaction with systems of land tenure prevailing in sub-Saharan Africa are very common, and the view is widely held that the traditional institutions which govern land rights operate in a manner obstructive to agricultural development. “If enterprise is to be given an opportunity to express itself”, writes Dr. Yudelman in a recent book, “there must be a break with traditional institutions which govern land”.Views of this kind call for decisions regarding the substitution of one system of law for another, or for various kinds of radical reform including the engrafting onto the traditional system of legal expedients and devices proved useful in other systems of law. Such decisions, however, patently require much more than a mere nodding acquaintance with the existing local law, the changes sought to be introduced therein, and their functioning in the systems of law from which they are to be borrowed. Accordingly a need exists for a kind of comparative legal analysis of existing systems of landholding which can throw into relief the real points of weakness that need to be remedied or pruned away, while also indicating the elements that are worthy to be retained, if even only as the stock upon which novel arrangements may be engrafted.


2017 ◽  
Vol 17 (1) ◽  
pp. 1-8
Author(s):  
D. Asenso-Gyambibi ◽  
M. Affam ◽  
E. Y. Amoafo ◽  
S. B. Acquah

In sub-Saharan Africa, one of the barriers to development and wealth creation in the peri urban and rural areas is land tenure insecurity. This is mainly due to a number of factors including the absence of clear unambiguous boundaries between allodial owners and the absence of credible documentation of land rights. This research sought to establish and document over 190 km of the boundary of Juaben paramouncy in a manner that ensured peace, harmony and tenure security. Disputes were resolved through less costly Alternative Dispute Resolution (ADR) mechanisms and Customary Land Secretariat (CLS) that catalogued and maintained up to date register on the land. This resulted in conflicts that have raged on for decades, sometimes leading to injury, property destruction and loss of lives come to an end. The benefits of this improved land tenure security are enhanced agricultural productivity, wealth creation for rural dwellers, peace and stability. Boundary demarcations and documentations established were important steps in the process of reformation and improving land tenure security in the rural communities. Information retrieval was simplified and transaction cost made cheaper. Keywords: Land Tenure Security, Customary Boundary Demarcation (CBD), Alternative Dispute Resolution (ADR)


2021 ◽  
Vol 6 (1) ◽  
pp. e003499
Author(s):  
Ryan G Wagner ◽  
Nigel J Crowther ◽  
Lisa K Micklesfield ◽  
Palwende Romauld Boua ◽  
Engelbert A Nonterah ◽  
...  

IntroductionCardiovascular disease (CVD) risk factors are increasing in sub-Saharan Africa. The impact of these risk factors on future CVD outcomes and burden is poorly understood. We examined the magnitude of modifiable risk factors, estimated future CVD risk and compared results between three commonly used 10-year CVD risk factor algorithms and their variants in four African countries.MethodsIn the Africa-Wits-INDEPTH partnership for Genomic studies (the AWI-Gen Study), 10 349 randomly sampled individuals aged 40–60 years from six sites participated in a survey, with blood pressure, blood glucose and lipid levels measured. Using these data, 10-year CVD risk estimates using Framingham, Globorisk and WHO-CVD and their office-based variants were generated. Differences in future CVD risk and results by algorithm are described using kappa and coefficients to examine agreement and correlations, respectively.ResultsThe 10-year CVD risk across all participants in all sites varied from 2.6% (95% CI: 1.6% to 4.1%) using the WHO-CVD lab algorithm to 6.5% (95% CI: 3.7% to 11.4%) using the Framingham office algorithm, with substantial differences in risk between sites. The highest risk was in South African settings (in urban Soweto: 8.9% (IQR: 5.3–15.3)). Agreement between algorithms was low to moderate (kappa from 0.03 to 0.55) and correlations ranged between 0.28 and 0.70. Depending on the algorithm used, those at high risk (defined as risk of 10-year CVD event >20%) who were under treatment for a modifiable risk factor ranged from 19.2% to 33.9%, with substantial variation by both sex and site.ConclusionThe African sites in this study are at different stages of an ongoing epidemiological transition as evidenced by both risk factor levels and estimated 10-year CVD risk. There is low correlation and disparate levels of population risk, predicted by different risk algorithms, within sites. Validating existing risk algorithms or designing context-specific 10-year CVD risk algorithms is essential for accurately defining population risk and targeting national policies and individual CVD treatment on the African continent.


Author(s):  
John Njoroge Mungai

This chapter clearly illustrates that emphasis on preparation of teachers to integrate ICT is gaining momentum in the education sector. Arguably, underpinning this emphasis is the convergence of assertions that ICT integration has the potential to enhance the quality of teaching and learning. Nonetheless, considering that the debate about effective teaching has overtime existed between two tensions, namely learner-centered and teacher-centered approaches, the additional concern now is how best to prepare teachers to integrate ICT. It is shown in this chapter that the best teaching approach is context specific since it facilitates the teachers' capacity to enhance student learning through quality teaching. The chapter reviews Teacher Professional Development programs in Sub-Saharan Africa and discusses what constitutes learner-centered education, ICT integration, and provides findings of a case study on preparation of science teachers using ICT.


Land ◽  
2017 ◽  
Vol 6 (4) ◽  
pp. 89 ◽  
Author(s):  
Lenyeletse Basupi ◽  
Claire Quinn ◽  
Andrew Dougill

2020 ◽  
Vol 68 (4) ◽  
pp. 973-995
Author(s):  
Katharina Holzinger ◽  
Florian G Kern ◽  
Daniela Kromrey

Social scientists have recently observed a ‘resurgence’ of traditional political institutions on the constitutional level in Sub-Saharan Africa. Yet, the scope and causes of the resurgence remain unclear. We base our analysis on original data on the degree of constitutional integration of traditional institutions and on their constitutional resurgence since 1990 in 45 countries of Sub-Saharan Africa. We test six theoretical explanations for constitutionalization: former colonial rule, democratization, state capacity, economic development, foreign aid and settlement patterns. First, we verify the broad resurgence of traditional political institutions on a constitutional level. Second, our analysis suggests that, particularly in former British colonies, traditional leaders were able to translate the arrangements of British colonial rule as well as the advantages of a country’s deconcentrated settlement pattern into greater constitutional status. Third, settlement patterns proved important for traditional leaders to gain or increase constitutional status – leading to a constitutional resurgence of traditional institutions.


Sign in / Sign up

Export Citation Format

Share Document