Search Results (57)

This article is based on a review of the governance of land tenure in 18 countries—16 in Africa and 2 in Asia—carried out from 2021 to 2023. It uses international guidelines on land policy and tenure governance as benchmarks to assess progress in each country through reviewing policy documents and literature, and obtaining inputs from key informants. This paper shows that, during the last decade, there has been significant progress in land tenure policies that have improved the recognition of customary and other communal land rights and improved women’s land rights. The formal registration of individual rights to customary and community land has now been achieved cost-effectively, with more rights going to women in a number of settings, and without leading to widespread commoditisation or land dispossession. There is a mixed picture, with countries trying different ways to grapple with common challenges such as securing customary tenure rights, unlocking development potential, improving women’s land rights, and managing the contesting interests in land. There are important examples of best practices in some countries that can be learnt from, such as the legislation of Free Prior and Informed Consent (FPIC) requirements and processes of large-scale land rights registration. Despite progress achieved in several countries, too many people are not enjoying the benefits of improved land tenure security; some countries still need to adopt new legislation, while others need to improve their implementation of existing legislation. More needs to be learnt from the range of different approaches to dealing with land tenure as national governments attempt to find solutions that accommodate contesting interests. The lessons and trends identified will be of value to country-level and international work on improving land tenure governance. Full article

Forest tenure reforms through community-based forest management programs have gained popularity in the Global South. Agricultural land use and local forest encroachment have caused the global decline of natural forests. Most community forestry (CF) studies have considered local communities as a state intervention target, underestimating their agency in local forest management. Therefore, this study aims to scrutinize land-related and counter techniques employed by the forest department and local communities in Myanmar to determine the incongruent and insufficient arrangement of de jure procedures in state CF programs. The findings reveal that although the CF program is deployed as a land control tool to regain the “reserved forest” status, realizing its institutional goals is difficult owing to local communities’ land utilization practices. Additionally, CF’s rigid institutional approach cannot manage changing, diverse, and minute local land control techniques. Meanwhile, local communities lack the indispensable, customary arrangements, leading to unequal land use, owing to which the state has to become a guarantor of common forest resources. Thus, this nature of contesting encroached forests reveals the need to critically reconsider land rights and invoke more profound steps beyond the framing of the contemporary “bundle of rights”. Full article

Indoor residual spraying (IRS) and the use of insecticide-treated bednets for malaria vector control have contributed substantially to a reduction in malaria disease burden. However, these control tools have important shortcomings including being donor-dependent, expensive, and often failing because of insufficient uptake. We assessed the safety and efficacy of a user-friendly, locally tailored malaria vector control approach dubbed “Hut Decoration for Malaria Control” (HD4MC) based on the incorporation of a WHO-approved insecticide, Actellic^® 300 CS, into a customary hut decoration practice in rural Uganda where millions of the most vulnerable and malaria-prone populations live in mud-walled huts. Three hundred sixty households were randomly assigned to either the HD4MC (120 households), IRS (120 households) or control group without any wall treatment (120 households). Entomological indices were assessed using pyrethrum spray catching, CDC light traps and human landing catches. The Actellic^® 300 CS toxicity on acetylcholinesterase activity among applicators of HD4MC was evaluated using the Test-mate (Model 400) erythrocyte acetylcholinesterase (AChE) test V.2, whereas toxicity in household occupants was monitored clinically. The Actellic^® 300 CS level in house dust was analyzed using reversed-phase high-performance liquid chromatography (RP-HPLC). Entomological indices were compared between the three study arms at 1.5, 3 and 6 months post-intervention. HD4MC- and IRS-treated huts had a significantly reduced malaria vector density and feeding rate compared to control huts. There was no significant reduction in acetylcholinesterase activity at 1.5 and 24 h post exposure. Actellic^® 300 CS exposure did not result in any serious adverse events among the household occupants. In conclusion, HD4MC was safe and had comparable efficacy to canonical IRS. Full article

The growing divide between the capitalist mode of development promoted by the state and the participative development model suggested by the people has brought ecology, environment, and existence to the core of all contemporary debates. The Adivasi (indigenes) who constitute 8.6 percent of the entire population of India are engaged in a constant battle to save their ecology and landscape. Represented as communities whose existence is intertwined with ‘Jal, Jungle, Jameen’ (water, forest, and land), Adivasis are the most prominent communities facing dispossession and displacement from their roots to further the ideology of development in which they have no stake. The notion of Adivasis as ‘savage’, ‘primitive’, and ‘backward’ communities that are incompetent of ‘developing’ themselves, resulting in their ‘backwardness’ gets carried over from the colonial to the contemporary period. Exposed to the processes of mining and industrialisation, Adivasis and their ecological resources have been exploited since the colonial period to suit the development model of the state. The Adivasi notion of selfhood was overlooked in the process of making the areas inhabited by them zones of ‘exclusive governmentality’. The paper argues and analyses this transformation process of Adivasis into ecological warriors; a process in which they used their shared, remembered and lived past to assert their customary rights. Basing the study on three environmental movements of state of Jharkhand in Central India, namely the Koel-Karo movement of the 1980s, the Netarhat movement of the 1990s, and the Pathalgadi movement of 2017–18, the study underlines that the Adivasi of Jharkhand anchored on their customary rights as a weapon, to protect their ecology and landscape against various state-sponsored development schemes. Drawing on the methodology of field investigation, interaction with the NGOs, government reports and media reports, the article argues that these community struggles are rays of hope for a global ecological future. Full article

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

Agricultural land and forestlands can have multiple uses and generate multiple sources of utility. Although landowners benefit from most of them, society can benefit from others because of their intrinsic characteristics as common-property resources and customary practice. In many Italian territories, the picking of mushrooms is allowed on privately owned agricultural land and in forests. The management of these resources is challenging due to the emerging conflicts between landowners and users. In addition, the pressure exerted by users gives rise to issues on stock preservation, thus contributing to putting biodiversity at risk in contexts already heavily jeopardized by modern agriculture. Through the years, regulation established the primacy of the landowner’s right, introduced a permit fee for users, and set limits on the resource stock to be collected daily. Nonetheless, the relationship between public and private interests in common-property resource exploitation is still controversial. In this paper, we investigate and model a right holder’s decision whether to exploit a common-property resource according to their actual status of being an actual or potential user. The model is developed within the real options valuation framework. In detail, we investigate the entry/exit decision on the exploitation of the resource by considering the uncertainty that affects the resource stock, the entry/exist costs, and the number of rival users. 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

Recognition of multiple knowledge systems is essential to facilitate collaboration and mutual learning between different actors, integration across social and ecological systems, and sustainable development goals. This study aims to identify how local knowledge from the indigenous people in developing countries contributes toward supporting the social–ecological system. We use a case study of the Ammatoa community, one of the indigenous communities in South Sulawesi Province, Indonesia. This study shows how their social and ecological practices are combined to develop their customary area and how the Ammatoa’s customary values contribute towards achieving Sustainable Development Goals (SDGs) 15 and 12 of the United Nations, i.e., leveraging local resources for livelihood and ensuring sustainable consumption and production patterns. Examples of practices elaborated in this paper are protecting, restoring, and promoting sustainable use of terrestrial ecosystems, sustainably managing forests, combating desertification, halting and reversing land degradation, halting biodiversity loss, and ensuring sustainable consumption and production patterns. Furthermore, the Ammatoa’s customary values form a sustainable system that not only affects their social aspects, but also their economy and surrounding environment. This research can be used to develop relevant environmental-related interventions related to SDGs 15 and 12 from indigenous peoples’ perspectives. 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

Land transformation issues have been threatening the future of agriculture within the past decades. However, there are some areas that show their ability in maintaining their agricultural land. This paper aims to explore the farm management system resulted from the presence of legal pluralism that might contribute to future agricultural development. Data were gained through focus group discussions, observations, and in-depth interviews with various key informants. Systems thinking approach was used in this study, and data were iterated and modeled by using Causal Loop Diagram to give a better illustration of the phenomenon. We found that the integration between customary and legal law, which is manifested in the people’s farming praxis, is the main factor in sustaining the agricultural sector. The customary laws were reinforced by the local government, which made the government’s role crucial in allowing its citizen to continuously practice their beliefs in maintaining their agricultural lands. These conclusions are helpful in understanding the complexities underlying land transformation issues, which contributes to the literatures in related fields and improves the policy on agricultural land preservation in Indonesia and other developing countries. Full article

The notion of “zadruga” (named by Vuk Karadjić in 1818) was introduced in the scientific research literature, as well as in the social and political discourse, of the then young Balkan countries in the 19th century to mark the multitude of historical forms under which the “complex family organization” was known among the South-Slavic people in the region. The young Bulgarian science adopted this term in ethnographic studies of the late 19th and early 20th centuries. Bulgarian scientists, lawyers, and researchers of customary law norms attempted to implement some of the features of this family model in modern Bulgarian legislation. In the period between the two world wars, the nascent cooperative movement in the agrarian sector also used the model of the “partnership” to justify its organization. This paper analyzes similar attempts to use scientific descriptions of the zadruga in the construction of various social and economic associations in Bulgaria during the interwar period. It also analyses the attempts of the new communist leaders to use the traditions of the pre-modern society in terms of communal living in zadruga through the imposition of a cooperative system, and the nationalization of the arable land in the first years under the totalitarian system following the Second World War. Part of the Bulgarian scientific community and Bulgarian ethnography has been involved in these attempts since the early 1950s. Full article

Artisanal products are considered an alternative to industrial production; however, upon entering global commodity markets, pressures are placed on the territories and customary governance of producer communities. Through the lenses of land system science and telecouplings, this paper examines the links connecting global markets and artisanal products, using the case of mezcal production in an Indigenous community in Oaxaca, Mexico, and the resulting impacts to LULC (land-use and land-cover) dynamics and associated governance. Data were collected through document review, semi-structured interviews, and LULC analysis comparing the years 1993, 2001, 2013, and 2019. Agave crops expanded from 6 to 14% during 1993–2001, stabilized through 2001–2013, and expanded from 14 to 22% during 2013–2019. Market dynamics played a crucial role in the resultant LULC changes, with the biggest impact on tropical dry forest (TDF). The LULC results were coupled with tequila markets during the first two periods, while the third period was linked to new mezcal markets. Our research shows how artisanal production can drive LULC changes. However, customary governance institutions can mediate the relationship between producers and markets to support more sustainable management of territorial resources, including TDF as an ecologically important but locally undervalued forest type. Full article