Land, Rights, and Tenure Insecurity on Customary Land in Zambia

2021 ◽  
pp. 102-117
Author(s):  
Ephraim Kabunda Munshifwa ◽  
Niraj Jain ◽  
Roy Alexander Chileshe ◽  
Anthony Mushinge
Keyword(s):  
Social Economic ◽  
Land Rights ◽  
Livelihood Strategies ◽  
Foreign Investors ◽  
Financial Benefits ◽  
Urban Elites ◽  
Village Communities ◽  
Traditional Authorities ◽  
Customary Land ◽  
State Protection

Land is a key asset in the lives of village communities in Zambia. It is thus at the centre of their livelihood strategies as it provides social, economic, and financial benefits to these communities. The paradox though is that despite acknowledging its importance in the lives of village communities, tenure on this land is poorly protected by the state resulting in high insecurity for its occupants. In many instances, there are no clear regulations on its use and alienation while traditional authorities are also ill-equipped for the task of administering this land. The question then that emerges is: In this perceived absence of state protection, how are village communities protecting themselves from threats of dispossession by foreign investors, urban elites, and the state's own actions? This study found that village communities are using various means to protect themselves, including issuance of local land holding certificates.

scholarly journals Renewed Patronage and Strengthened Authority of Chiefs Under the Scarcity of Customary Land in Zambia

2021 ◽  
pp. 65-86
Author(s):  
Shuichi Oyama
Keyword(s):  
Central Government ◽  
Agricultural Productivity ◽  
Land Rights ◽  
Local People ◽  
High Demand ◽  
Foreign Investors ◽  
Land Distribution ◽  
Land Owners ◽  
Cultural Power ◽  
Customary Land

AbstractThe Zambian government enacted the 1995 Lands Act with the aim of stimulating investment and agricultural productivity. This Act strengthened the role and power of traditional leaders, particularly chiefs, as it empowered them to allocate customary land to individuals and companies, including foreign investors. In the Bembachiefdom of northern Zambia, a new chief issued new land rights and invalidated the land rights issued by the old chiefs. As a result, land owners with documents in the old formats were required to obtain new certification from the new chief. Concerned about the land within his territory, this chief also decided to invalidate the title deeds issued by the central government so that he could release the protected land to local people. Alongside their historical and cultural power, the chiefs strengthened their patronage over land distribution as well as their authority over the residents in their territories. With high demand for land, anxiety among local people due to land scarcity has created political power and authority for the chiefs.

scholarly journals Community Participation in the Community Nursery Program in Manokwari Regency, West Papua Province

2020 ◽  
Vol 10 (1) ◽  
pp. 1
Author(s):  
Jacob Manusawai ◽  
Eva Herlina ◽  
Ihwan Tjolli ◽  
Rina N. Jowei ◽  
Anton S. Sinery
Keyword(s):  
Community Participation ◽  
Role Models ◽  
National Development ◽  
Community Leaders ◽  
Alternative Formulation ◽  
Successful Implementation ◽  
Technical Knowledge ◽  
Financial Benefits ◽  
Development Goals ◽  
Village Communities

The purpose of this study is to determine and analyze the degree of community participation in the Community Nursery (Kebun Bibit Rakyat-KBR) program in Wasai Village and Arfai I Village, the district of South Manokwari, in the Manokwari Regency. Also this study aims to identify the factors that influence the level of community participation, and then formulates several management efforts to improve community participation in the program. The result found that communities that get involved in the KBR program are community groups of various types of professions, ethnicities and genders. The level of community participation in the KBR program is included in the high category for the whole set of activities in the KBR. However, for activities related to technical knowledge on planting and administration, community participation was still low. The significant factor affects the successful implementation of the KBR program was the direct involvement of community leaders. The support and involvement of community leaders played an important role in motivating the community to actively age in the KBR program. In addition, financial benefits of the program for individuals and village communities became the other determining factor that motivated the community to actively join in the KBR program. The alternative formulation offered in the early preparation of KBR activities was the program socialization. The early information has to be designed more effectively, so that the community is able to understand the procedures for implementing the KBR program, especially activities related to technical knowledge. Moreover, the involvement of other community leaders was a concern for the implementation of the KBR program since they were considered as the role models of social communities. Finally, collaborative programs with multi-stakeholders would be a solution to provide multiple benefits for the community as part of regional and national development goals.

Customary Law and Communal Property in South Africa

2018 ◽  
pp. 127-151
Author(s):  
Juanita M. Pienaar
Keyword(s):  
South Africa ◽  
Land Reform ◽  
Land Rights ◽  
Customary Law ◽  
Communal Property ◽  
Challenges And Opportunities ◽  
Constitutional Right ◽  
Communal Areas ◽  
Traditional Authorities ◽  
Recent Policy

In the geographical areas forming the focus of this contribution, the traditional communal areas in former Bantustan and homeland areas in South Africa, communal ownership flows from the application of customary law, linked to the constitutional right to culture. Living customary law, embedded in communities, entails a dynamic system of land rights which are negotiated in line with particular needs. Recent policy and legislative developments, however, seem to bolster rights of traditional authorities, thereby impacting on land rights and effectively negating spontaneous negotiation. Conceptual clarification in this contribution embodies the complexity linked to communal property, specifically land, in light of the aftermath of apartheid, the commencement of an all-encompassing land reform programme and the operation of a dual legal system comprising customary law and Western-style legal paradigms. The challenges and opportunities for law reform are explored in this context of inter-connectedness of customary law and communal property.

A New Era of Customary Property Rights? – Liberia’s Land and Forest Legislation in Light of the Indigenous Right to Self-Determination

2019 ◽  
Vol 52 (4) ◽  
pp. 439-462
Author(s):  
Ricarda Rösch
Keyword(s):  
Property Rights ◽  
Land Tenure ◽  
Land Rights ◽  
Self Determination ◽  
Sub Saharan Africa ◽  
Starting Point ◽  
Sub Saharan ◽  
Forest Legislation ◽  
Customary Land ◽  
The Right

After the end of Liberia’s civil war in 2003, the country embarked upon the reform of its forest and land legislation. This culminated in the adoption of the 2009 Community Rights Law with Respect to Forest Lands and the 2018 Land Rights Act, which NGOs and donors have described as being amongst the most progressive laws in sub-Saharan Africa with regard to the recognition of customary land tenure. Given these actors commitment to human rights, this article takes the indigenous right to self-determination as a starting point for analysing customary property rights and their implementation in Liberia. This includes the examination of the Liberian concept of the 1) recognition and nature of customary land rights, 2) customary ownership of natural resources, 3) jurisdiction over customary land, 4) the prohibition of forcible removal, and 5) the right to free, prior and informed consent.

Sign in / Sign up

Export Citation Format

Share Document