Search Results (44)

Improving productivity is an important channel for satisfying household food needs through food availability. Increasing the productivity of small-scale farmers is linked to a number of factors, including land access, labor, chemicals, fertilizers and so on. Most farmers resort to expanding their cultivated areas to increase production because of insufficient financial resources available for purchasing inputs during agricultural seasons. This situation, combined with increasing pressure on land, does not favor agricultural production and, by extension, food security. This study therefore assesses the impact of different modes of access to land on agricultural productivity. Regime-switching multinomial regression techniques were used to account for endogeneity bias due to observed and unobserved factors. The results of the study show that access through free loans, tenancy and sharecropping negatively affect agricultural yields. The counterfactual analysis reveals a positive gain estimated at 509.9 kg/ha from land access by landowners. If the lenders were landowners, their gain would be 396.6 kg/ha, whereas the farmers would gain 485.1 kg/ha if they were landowners, and similarly the sharecroppers would gain 389.8 kg/ha if they were landowners. It is clear from these results that improving agricultural yields depends on securing land and requires the establishment of an effective land ownership system. This research impacts land ownership policies, which need to be revised to address customary rights and reduce inequalities in access to secure land. It highlights the way land tenure security drives agricultural advancements and offers actionable recommendations for policy improvements on food security. Full article

The mining industry is indispensable for development, and in developing countries like Ghana, it drives economic growth by generating revenue and creating job opportunities for millions of people. Nonetheless, irresponsible mining results in the deprivation of people’s right to surface land, predominantly held under customary land tenure, with agriculture as the mainstay of livelihood. Mining activities have extensive repercussions for the land tenure system, resulting in the displacement of people, the loss of land rights, and reduced control and access to land. All these impact the economic, environmental, and social conditions of the people in the community. This systematic literature review thoroughly analyzes the impact of mining on land rights in Ghana, revealing complex dynamics, challenges, and possible remedies. To achieve this, 183 of an initial pool of 495 academic journals, research papers, books, reports, policies, and legal documents were critically reviewed. This research reveals the challenges faced by mining-induced communities because of the displacement which has resulted in the loss of ancestral lands and disruption to community life. The displacement is also coupled with economic disparities and social tension. Furthermore, the ripple effects of environmental degradation, such as deforestation, water pollution, noise, and air pollution, have dire consequences on land use and ownership, particularly for communities dependent on natural resources. This review brings to light various responses and effective strategies to mitigate the negative impacts of mining on land tenure in Ghana. These include community engagement strategies, corporate social responsibility initiatives, and legal reforms. This study reveals that mining compensation depends on the duration of the mining lease, therefore implying that the expropriated parties have reversionary interests in their lands. The procedure for giving the land back to the owner is not explicitly outlined in the law. This underscores the need for a review of the law governing mining, sustainable mining practices, and environmental management to safeguard the land tenure system. This review enlightens policymakers, researchers, mining enterprises, and local communities regarding the intricacies of this convergence, offering a foundation for well-informed decision making. It underscores the crucial importance of upholding sustainable development, social fairness, and responsible resource management within the framework of Ghana’s diverse land tenure traditions. Full article

This paper examines changes in formal and informal land access rules for women in the Kafue Flats of southern Zambia and identifies alternatives to land privatization. In rural African communities dependent on subsistence production, access to common pool resources (CPRs) such as fisheries, wildlife or wild fruits made an important contribution to household food and nutritional security. In the pre-colonial period, the use of agricultural land and associated CPRs was governed by local institutions of common property, characterized by more-than-human relationships embedded in the local animistic ontology. To examine how women’s pre-colonial access rights were increasingly disregarded in the wake of new statutory laws, we analyzed qualitative ethnographic data on livelihoods and food security from three time periods between 2002 and 2018. The findings show how customary law land tenure has remained important, despite being complemented by statutory law designed to also protect women’s property rights. We conclude that women’s customary access rights to land and CPRs must be taken into account in the drafting of formal legislation, as suggested by successful examples of bottom-up institution building in other regions. Full article

Since the global crises in the 2000s, many foreign and domestic actors have acquired large tracts of land for food and biofuel crop cultivation and other purposes in Africa, often leading to the displacement of the African people living on customary land. The weak customary land rights of ordinary African people have been viewed as one of the main factors making it possible for various land-grabbers to exploit customary land with different purposes. However, it would be insufficient to conclude that the weak customary land rights are the only factor leading to land grabbing in Africa as such land rights give the inheritors the rights to use the land permanently. Therefore, the main objective of this research is to identify a more specific factor leading to land grabbing in Africa, which this article refers to as a ‘land-grabbing-friendly legal environment’. To achieve the main goal, by considering the case of Zambia, this research aims to: (1) analyze the main areas and regions where land grabbing occurs in Zambia and the land-grabbers involved; and (2) analyze the main uses of customary land and changes in tenure systems applied to customary land from the colonial era up to the present day, through a legal history research approach. The main findings of this research are as follows: (1) land-grabbing incidences have often been linked to the government-led agricultural program, involving both internal and external land-grabbers, and (2) the creation of the dual-tenure system during the colonial era and its continuation to the present day have led to the poor financial status of ordinary Zambians living on customary land, contributing to their weak customary land rights. By examining the main results, this research concludes that it is crucial for the Zambian government to bring about reasonable fees for land-titling registration for the ordinary Zambians living on customary land, as well as to separate development aspects from land laws. These steps will strengthen the land rights of the ordinary Zambians and prevent land grabbing. Full article

The Shashamane rural district was selected as a target area and corridor of large-scale agriculture investment (LSAI) to produce surplus agricultural products and ensure local development by the state and private (domestic and foreign) investors. Shalo–Melega private LSAI projects started operation in 2008 in the Shashamane rural district. This farm project comprises a crop production site, construction of a road, a crop storage facility, and developing irrigation in a total of about 24,710.51 acres of land along the central Rift Valley basin, for long-term leases. Little attention has been paid to how land ownership has changed and transaction transparency; how the community has been consulted; whether free, prior, and informed consent (FPIC) has been provided; and how local people have been displaced. This study sought to investigate the consultation process, land transaction transparency, the use of FPIC, and local community dis-placement as a result of LSAI in the Shashamane rural district. The study adopted multi-method qualitative and quantitative data collection tools including primary data, collected from a directly impacted population of 134 households, using systematic random sampling techniques; key and in-depth informant interviews; focus group discussions (FGD); and field visits. Through the use of qualitative and qualitative research paradigms, a systematic analysis was conducted. The result of the study shows that 86.6% of respondents (both interested and affected) expressed that both government and the proponents were not taking in account their concerns during the consultation processes. Lack of free, prior, and informed consent (FPIC) reduces local people’s sense of recognition and status. Moreover, LSAI displaced the rural people from their area of settlement and farmland, triggered a shortage of communal grazing and forest resources. Additionally, nonequivalent and unsatisfactory mitigation and compensation methods highly triggers the negative impacts. As a result of manipulation and therapy used during the consultation process, we assert that the local community had less decision-making authority and that the risk to the farm was thereby increased. The government, investors, and local communities are three actors whose respective roles need to be strengthened and transparent. It is crucial to strengthen the implementation of customary land tenure rights to benefit local and indigenous people and civil society organizations (CSOs). Full article

Access to land is crucial for food systems to address the challenges caused by habitat and biodiversity loss, land and water degradation, and greenhouse gas emissions. Sustainable food production requires land security upstream for agricultural production. Land security emanates from the land law implemented in-country by government policy. In the span of a decade (2007–2017), three different land reforms have been adopted in Benin. This paper aims to investigate the land rights and land tenure security for sustainable food production according to land law and the factors that influence agricultural entrepreneurial activities in North Benin. The study was carried out in the Borgou department, mainly in five communes that are beneficiaries of the Responsible Land Policy Project of GIZ (Promotion d’une Politique Foncière Responsible: ProPFR/GIZ). A multistage sampling procedure was used to select the agricultural entrepreneur respondents. A total of 102 agriculture entrepreneurs were interviewed in 25 villages. According to land law in Benin, the results highlight the different levels of land tenure security and land rights represented by types of land documents: type contract (use right), certificates of customary ownership (ADC), and land title. The research reveals that 44.3% of the land of agriculture entrepreneurs’ respondents possessed the certificates of customary ownership and 18% possessed the land title. The facilitation of access to legal land documents such as certificates of customary ownership and land titles can protect agricultural entrepreneurship for sustainable food production. Full article

Redressing land dispossession in the aftermath of violent conflicts is daunting and complex. While land dispute resolution and restitution are expected to promote return migration, this outcome is contingent upon the changing social, economic and political conditions under which return takes place. Drawing on qualitative data from Makamba Province in southern Burundi, this case study highlights the politically and historically shaped challenges underlying the resolution of competing and overlapping claims on land following protracted displacement. These include the undocumented and fluid nature of customary land rights, institutional and legal pluralism and shifting land governance relations. This paper emphasises the centrality of the state in regulating returnees’ land dispute resolution and restitution processes. Violent conflicts and forced migration have enabled the state to expand its control over customary land tenure. The gradual exclusion or replacement of local authorities has shaped a competitive structure of jurisdictions and confused authority over land. National land restitution commissions have been used by the central government to shape land tenure and state–citizen relations and to exert pressure on land tenure institutions. Addressing competing claims on land following armed conflicts may fail if attendant struggles over public authority and changing political dynamics are insufficiently considered. Full article

Mozambique started a massive land registration program to register five million parcels and delimitate four thousand communities. The results of the first two years of this program illustrated that the conventional methods utilized for the land tenure registration were too expensive and time-consuming and faced several data quality problems. The purpose of this research was to conceptualize, develop and test a country-specific Fit For Purpose Land Administration (FFPLA) approach for Mozambique, denominated as FFPLA-MOZ, intertwining three pillars: people, processes, and technology, to solve the constraints faced in systematic registrations. Such a contextualized approach needed to be: (i) in line with legislation; (ii) appropriate to the circumstances and needs of the systematic registration; (iii) cost-effective; (iv) based on available technology; and (v) fit to establish a sound and sustainable land administration system. By connecting people, processes, and technology, the FFPLA-MOZ approach achieved several benefits, including cost and time reduction, increased community satisfaction, and improved quality of work and data. The FFPLA-MOZ approach also supported a more robust community engagement through a more participatory land registration, denominated community-based crowdsourcing. Initial observations indicated that strong leadership and commitment were of extreme importance to ensure change management, capacity development, and project delivery for the success of these initiatives. The research only focused on the registration of land under good faith and customary occupations, as well as community delimitations. The next stages should focus on other land management activities and integrate other cadastres. Full article

Urban blight functions inversely to city development and often leads to cities’ deterioration in terms of physical beauty and functionality. While the underlying causes of urban blight in the context of the global north are mainly known in the literature to be population loss, economic decline, deindustrialisation and suburbanisation, there is a research gap regarding the root causes of urban blight in the global south, specifically in prime areas. Given the differences in the property rights regimes and economic growth trajectories between the global north and south, the underlying reasons for urban blight cannot be assumed to be the same. This study, thus, employed a qualitative method and case study approach to ascertain in-depth contextual reasons and effects for urban blight in a prime area, East Legon, Accra-Ghana. Beyond economic reasons, the study found that socio-cultural practices of landholding and land transfer in Ghana play an essential role in how blighted properties emerge. In the quest to preserve cultural heritage/identity, successors of old family houses (the ancestral roots) do their best to stay in them without selling or redeveloping them. The findings highlight the less obvious but relevant functions that blighted properties play in the city core at the micro level of individual families in fostering social cohesion and alleviating the need to pay higher rents. Thus, in the global south, we conclude that there is a need to pay attention to the less obvious roles that so-called blighted properties perform and to move beyond the default negative perception that blighted properties are entirely problematic. Full article

In the western Algerian steppe, the public authorities have carried out actions aimed at rural development (agricultural development programs) and combating desertification (grazing reserves) to counter the significant and rapid loss of vegetation cover of pastures by overgrazing, and the consequent impacts on local livelihoods. In the Rogassa area, these actions have impacted land tenure and the ancestral and collective way of land use and access. These changes have caused transformations in lifestyle and pasture management. This research aims to characterize how such changes are affecting local pastoralists and what their perceptions are about them. A selective sampling of 150 agropastoral households was carried out by interviewing their heads, analyzing socioeconomic, land tenure and government perception variables. Most agropastoralists access land under tribal tenure, conditioned by local social structures. Pastures are prevailingly perceived by pastoralists as insufficient, and the perception of grazing reserves is largely negative. Pastoralists are worried about land degradation and declining grazing lands, and are looking for solutions and alternatives. However, state interventions have been uncoordinated and have not considered their customary land rights. The generalized awareness of environmental deterioration points to the need for better communication and intervention strategies to be developed by authorities in the future that involve the inhabitants of these lands. Full article

According to the online database landmarkmap, up to an estimated 50% or more of the world’s habitable land is held by indigenous peoples and communities. While legal and procedural provisions are being made for bureaucratically managing the many different types of tenure relations in this domain, there continues to be a lack of tools and expertise needed to quickly and accurately document customary and indigenous land rights. Software and hardware tools that have been designed for documenting land tenure through communities continue to assume a parcel-based model of land as well as categories of land relations (RRR) largely dimensionally similar to statutory land rights categories. The SmartSkeMa approach to land tenure documentation combines sketching by hand with aerial imagery and an ontology-based model of local rules regulating land tenure relations to produce a system specifically designed to allow accurate documentation of land tenure from a local perspective. In addition, the SmartSkeMa adaptor which is an OWL-DL based set of rules for translating local land related concepts to the LADM concepts provides a more high-level view of the data collected (i.e., what does this concept relate to within the national LADM profile?) In this paper we present the core functionalities of SmartSkeMa using examples from Kenya and Ethiopia. Based on an expert survey and focus groups held in Kenya, we also analyze how the approach fairs on the Fit-for-Purpose Land Administration tools scale. The results indicate that the approach could be beneficial in scaling up mapping of community and customary lands as well as help reduce conflict through its participatory nature. Full article

The struggles of women to access and hold landuse and other land property rights under the customary tenure system in peri-urban communal areas is increasingly becoming a cause for concern. These debates are revealed using a case study of a peri-urban communal area called Domboshava in Zimbabwe. Women living in this peri-urban communal area struggle to access and hold landuse and other land property rights registered under their names. The aim of this paper is to present an analysis of the struggles faced by women to access and hold landuse and other land property rights in Domboshava. This paper is a product of a literature review on land property rights, land tenure systems, and peri-urbanity more generally. Field data was intermittently collected in the peri-urban communal area of Domboshava over a period of four years from 2011 to 2014, as well as through post-research social visits stretching to 2019. Thirty-two women were conveniently selected and interviewed. I applied Anthony Giddens’ structure-agency theory as a framework of analysis. The struggles to access and hold landuse and other land property rights by women are rooted in land transactions, social systems including the customary land tenure, patriarchy, as well as the peri-urban context of Domboshava. Responsible authorities on land administration in communal areas need to acknowledge the existence of new and invented ways of accessing and holding landuse and land property rights under the customary land tenure system, as well as to find ways to mobilize more opportunities for women on the peri-urban land market. Full article

The Republic of Uganda is one of the five countries within the East African region. Uganda’s efforts to increase land productivity are hampered by land tenure insecurity related problems. For more than ten years, Fit for Purpose Land Administration (FFPLA) pilot projects have been implemented in various parts of the country. Uganda is now in advanced stages of developing a country strategy for implementing a fit for purpose approach to land administration, to define the interventions, time and cost required to transform the existing formal (western type) land administration system into an administration system that is based on FFPLA principles. This paper reviews three case studies to investigate how lessons learnt from pilot projects informed a FFPLA country implementation strategy. The review is based on data collected during the development of the FFPLA strategy, in which the authors directly participated. The data collection methods included document review, field visits and interviews with purposively selected respondents from the pilot sites and institutions that had piloted FFPLA in Uganda. The study identified that pilot projects are beneficial in highlighting specific gaps in spatial, legal and institutional frameworks, that have potential to constrain FFPLA implementation. Pilot projects provided specific data for informed planning, programing and costing key interventions in the FFPLA country implementation strategy. The lessons learnt from the pilot projects, informed the various steps and issues considered while developing the national strategy for implementing a FFPLA approach in Uganda. On the other hand, the study identified that uncoordinated pilot projects are potential sources of inconsistencies in data and products, which may be cumbersome to harmonize at a national level. In order to implement a fit for purpose approach for land administration at a national level, it is necessary to consolidate the lessons leant from pilots into a unified country implementation strategy. Full article

Land is a critical factor of production for improving the living conditions of people everywhere. The search for tools (or approaches or strategies or methods) for ensuring that land challenges are resolved in ways that quickly respond to local realities is what led to the development of the fit-for-purpose land administration. This article provides evidence that the fit-for-purpose land administration—as a land-based instrument for development—represents an unprecedented opportunity to provide tenure security in Africa. The article presents case studies from three sub-Saharan African countries on local-level experiences in the applications of fit-for-purpose guidelines as an enabler for engaging in tenure security generating activities in communities. These case studies, drawn from Ghana, Kenya, and Namibia, are based on hands-on local land administration projects that demonstrate how the features of the fit-for-purpose guideline were adopted. Two of the case studies are based on demonstrative projects directly conducted by the researchers (Ghana and Kenya), while the other (Namibia) is based on their engagement in an institutional project in which the Global Land Tool Network (GLTN) and other local partners were involved. This work is relevant because it paves a path for land administration practitioners to identify the core features necessary for land-based projects. Full article

The perceptions and values that local communities have towards protected areas are of great value for the improvement of these territories’ management. Such perceptions and values are often absent in the conservation planning process, particularly in those privately protected areas that are established in areas where the land tenure system is based not only on ownership but also on customary uses. Drawing on qualitative and quantitative data obtained through semi-structured interviews with key stakeholders and members of communities surrounding a privately protected area in southern Ecuador, we identify that the level of collaboration with the managers, the distance to the protected area, the percentage of untitled land, and the dependence on the resources (customary uses) are among the variables affecting these perceptions and values. Positive perceptions towards protected areas and naturalistic values are developed among those who collaborate with the protected area managers, whereas negative perceptions, and a mix of naturalistic and biospheric values are developed among those who have a sense of a lack of attention to social needs although supporting nature conservation at the same time. The evidence presented shows the importance of matching local peoples’ expectations with conservation goals during the establishment of a protected area. Full article