Reproducing patriarchy on resettled lands: a lost opportunity in reconstituting women’s land rights in the Fast-Track Land Reform Program in Zimbabwe

2015 ◽  
pp. 245-260
LITIGASI ◽  
2016 ◽  
Vol 14 (1) ◽  
Author(s):  
ILYAS ISMAIL ◽  
Tn. Sufyan ◽  
Tn. Azhari

This paper is going to discuss the sorts of land rights recognized by laws and the implementation of such rights and recopceptualisation  related to the land reform program. Library and field researches are conducted to obtain the data. Library research is conducted by exploring the relevant laws and literatures while field research is conducted by interviewing relevant informants. The research shows that there are about 13 rights of the land that can be found in the regulations. Most of the rights on land is based on customary law which has communal concept. However, amongst such rights in the implementation still faces unjust in dividing its benefit, there is a tendency to increase the gap in owning the land and to disobey the need of housing that more complex in the limited number of it; hence the reconceptualisation  is required for the rights.  Keywords: Recopceptualisation; Land Rights; Law ReformABSTRAKTulisan  ini dimaksudkan untuk menjelaskan mengenai macam-macam hak atas tanah yang dikenal dalam ketentuan perundang-undangan,  pelaksanaan berbagai macam hak atas tanah tersebut dan rekonseptualisasi hak-hak atas tanah dikaitkan dengan restrukturisasi penguasaan tanah. Untuk mendapatkan data bagi kepentingan penulisan ini dilakukan penelitian kepustakaan dan penelitian lapangan. Penelitian kepustakaan dilakukan dengan cara menelaah ketentuan perundang-undangan dan  literatur yang relevan, sedangkan penelitian lapangan dilakukan dengan cara mewawancarai para nara sumber yang terkait. Hasil penelitian menunjukkan bahwa paling tidak terdapat 13 (tiga belas) macam hak atas tanah yang terdapat pengaturannya dalam ketentuan perundang-undangan. Sebagian besar hak-hak atas tanah tersebut bersumberkan pada hukum adat yang berkonsepsi kumunalistik. Namun diantara hak-hak atas tanah tersebut dalam pelaksanaannya ada yang masih mengandung unsur pemerasan, cenderung semakin meningkatkan  ketimpangan dalam penguasaan tanah dan cenderung tidak dapat mengakomodir kebutuhan tanah yang semakin komplek dalam keterbatasan ketersediaannya, karena itu diperlukan rekonseptualisasi hak-hak atas tanah.Kata kunci:  Rekonseptualisasi; Hak Atas Tanah; Pembaharuan Hukum


2017 ◽  
Vol 49 (1) ◽  
pp. 3-28 ◽  
Author(s):  
Tavengwa Gwekwerere ◽  
Davie E. Mutasa ◽  
Kudakwashe Chitofiri

Texts written by some white Zimbabweans in the post-2000 dispensation are largely shaped by their authors’ endeavor to contest the loss of lands they held prior to the onset of the Fast Track Land Reform Program (FTLRP). Written as memoirs, these texts are bound by the tendency to fall back on colonial settler values, Rhodesian identities, and Hegelian supremacist ideas in their narration of aspects of a conflict in which tropes such as truth, justice, patriotism, and belonging were not only evoked but also reframed. This article explores manifestations of this tendency in Eric Harrison’s Jambanja (2006) and Jim Barker’s Paradise Plundered: The Story of a Zimbabwean Farm (2007). The discussion unfolds against the backdrop of the realization that much of the literary-critical scholarship on land reform in post-2000 Zimbabwe focuses on texts written by black Zimbabweans and does not attend to the panoply of ways in which some white-authored texts yearn for colonial structures of power and privilege. This article evinces that the reincarnation of colonial settler values, Rhodesian identities, and Hegelian supremacist ideas undermines the discourse of white entitlement more than it promotes it. Values and identities of the colonial yesteryear on which this discourse is premised are not only anachronistic in the 21st century; they also obey the self-other binary at the heart of the patriotic history pedestal that was instrumental in the Zimbabwean regime’s post-2000 populist deployment of the land grievance to reconstruct itself as the only and indispensable champion of African interests in Zimbabwe.


2014 ◽  
Vol 2 (1) ◽  
pp. 32-51
Author(s):  
Tavonga Njaya

The study investigated the major determinants of married women’s land rights under the fast track land reform programme, 2000-2002 in A1 resettlement areas in Zimbabwe using econometric analysis on national baseline survey. Case data collected in Goromonzi District through in-depth interviews, direct observations and documentary reviews were used to complement results from the econometric model. Although the focus was on women beneficiaries of the fast track land reform programme, the study adopted a gender approach to study both men and women. The study revealed that extra-household factors such as the method used to make beneficiaries aware about the fast track land reform programme, the size of arable area cultivated and provincial differentials of male and female beneficiaries determined the probability of women’s land holding. This meant that social assets were a strong determinant of women’s land rights and hence the socio-political environment should not be ignored when analysing the distribution of land under the fast track land reform programme. The study recommended that individual level asset ownership data should be collected in order to evaluate and understand how benefits of development programmes are shared between men and women and that allocation of land under the land reform programme should focus on individuals within households. Methods should be devised to inform women about their land rights and the avenues through which these rights can be enforced. A study of each province would be required to unravel the underlying factors for the differential land distribution patterns by sex in provinces.


2021 ◽  
pp. 227797602110291
Author(s):  
Lyn Ossome ◽  
Sirisha C. Naidu

The Fast Track Land Reform Program (FTLRP) in Zimbabwe effected changes in the racial, class, and gender structure of land ownership. However, while changes in the racial and class structure have been well explored in existing literature, their articulation to gender in the agrarian structure is not yet well understood. This is because the literature has mainly accounted for gender in relation to the formal redistribution of land to women through titling, and not as a structural element of agrarian reform that locates women within the labor and capital nexus of land ownership. This article aims to fill this gap in our understanding of the gendered agrarian component of FTLRP by locating gender within the political economy of the agrarian reform and by evaluating gender in relation to the capitalist accumulation structure which the land reform sought to alter.


2020 ◽  
Vol 52 (2) ◽  
pp. 26-40
Author(s):  
Jairos Gonye

The Zimbabwean writers Catherine Buckle and Nyaradzo Mtizira reimagine kongonya dance in their works Beyond Tears: Zimbabwe's Tragedy (2002) and The Chimurenga Protocol (2008), respectively. Both the European-born Buckle and the black Zimbabwean Mtizira harness the dance to evoke the post-2000 jambanja experiences associated with Zimbabwe's controversial “Third Chimurenga,” or the fast-track land reform program, beginning in 2000. Their contrasting depictions of dance epitomize the differing views on Zimbabwe's land reform program. Largely, whereas Buckle's novel is a memoir which personalizes a farmer's encounters with dancing African/Zimbabwean “land invaders,” Mtizira's is a panegyric that collectively reimagines a nation's defiant revolution against purported forces of Western imperialism. Both writers’ representations of the post-2000 Zimbabwe's dance performances are therefore colored and compromised by racial subjectivity.


2020 ◽  
Vol 10 (1) ◽  
pp. 107-122
Author(s):  
Rizka Refliarny ◽  
Herawan Sauni ◽  
Hamdani Ma'akir

This study raises the issue of agrarian reform draft under the reign of President Joko Widodo. Agrarian reform became a priority program in the RPJMN of 2015-2019. Based on this matter, the writer analyzes the concept of agrarian reform during the reign of Joko Widodo terms of BAL. The nature of the study was a normative research with statute approach, which was done in four ways, namely descriptive, comparative, evaluative and argumentative. The results showed that the agrarian reform draft during the reign of Joko Widodo is a concept of land stewardship and land reform. The economic system leads to a form of capitalism. It is necessary to conduct refinement of content and material of BAL implementation in order to achieve the justice and the welfare of the nation and the State. The agrarian reform program should be carried out in stages in order to obtain the desired results. It requires the will, ability and active involvement of all elements of the state.


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