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Article

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

UK Centre for Ecology and Hydrology, Maclean Building, Crowmarsh Gifford, Benson Lane, Wallingford, Oxfordshire OX10 8B, UK
Academic Editors: Uchendu Eugene Chigbu, Ruishan Chen and Chao Ye
Land 2021, 10(2), 143; https://doi.org/10.3390/land10020143
Received: 6 January 2021 / Revised: 27 January 2021 / Accepted: 28 January 2021 / Published: 2 February 2021
(This article belongs to the Special Issue Land Perspectives: People, Tenure, Planning, Tools, Space, and Health)
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. View Full-Text
Keywords: land dispute; customary land tenure; statutory land tenure; tenure security; Ghana; sub-Saharan Africa land dispute; customary land tenure; statutory land tenure; tenure security; Ghana; sub-Saharan Africa
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MDPI and ACS Style

Asaaga, F.A. Building on “Traditional” Land Dispute Resolution Mechanisms in Rural Ghana: Adaptive or Anachronistic? Land 2021, 10, 143. https://doi.org/10.3390/land10020143

AMA Style

Asaaga FA. Building on “Traditional” Land Dispute Resolution Mechanisms in Rural Ghana: Adaptive or Anachronistic? Land. 2021; 10(2):143. https://doi.org/10.3390/land10020143

Chicago/Turabian Style

Asaaga, Festus A. 2021. "Building on “Traditional” Land Dispute Resolution Mechanisms in Rural Ghana: Adaptive or Anachronistic?" Land 10, no. 2: 143. https://doi.org/10.3390/land10020143

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