Localizing Land Governance,Strengthening the State: Decentralization and Land Tenure Security in Uganda

Decentralization of land governance is expected to significantly improve land tenure security of small‐scale farmers in Africa, through ensuring better protection of their assets and reducing land‐related conflicts. This paper, however, cautions not to have too high expectations of transferring responsibilities for land administration and dispute resolution to local government bodies. Field research in Mbarara District in south‐western Uganda brings out how decentralization has limited impacts in terms of localizing land services provision. Nonetheless, local land governance has transformed in important ways, as decentralization adds to institutional multiplicity, and fuels competition among state and non‐state authorities, and about the rules they apply. Rather than strengthening local mechanisms for securing tenure, the reforms introduce new forms of tenure insecurity, fail to transform local conventions of dealing with land disputes and delegitimize local mechanisms for securing tenure. In practice, decentralization has had limited effects in securing tenure for the rural poor, yet reinforces the presence of the state at the local level in diverse ways.     

Monitoring land governance: Understanding roots and shoots

Despite a growing interest among land use policymakers to identify the indicators that measure changes in land tenure systems, little consensus exists about what framework can functionally analyze land tenure systems, and how it should be developed. The existing indicators have mainly focused on measuring the “effects” of land tenure (in)security and often neglected the “causes”. Hence, comprehensive monitoring of land tenure systems has been poorly understood and practiced. Given their multifaceted meanings, land and its related concepts have been a challenging issue for policymakers. Accordingly, the overall objective of this paper was to propose a functional and analytical framework on how to study monitoring land governance from roots to shoots through five main studies: i) understanding the historical trajectories of land, ii) recognizing institutional arrangements on land, iii) identifying land governance grammar, iv) defining land governance typology, and v) assessing land use changes. In line with this objective, the general research question of this study is how and by whom a monitoring system should be developed. Overall, this study can be considered as a conceptual framework that has been designed to conceptualize, develop, build, and apply a functional and analytical framework for formulating land governance grammar to explain how access to land is governed. Unlike previous studies, this study focuses on both causes and effects of strong land governance (SLG) and weak land governance (WLG). The paper discusses that land governance allows various stakeholders to participate in government decisions and ensures the security of their livelihoods. However, land governance could be either poor or strong depending on the government decision-making process. The paper also concluded that SLG is a precondition for economic growth and poverty alleviation in rural areas of developing countries.     

The evolution and resilience of community-based land tenure in rural Mexico

This paper examines the evolution of ejido tenure in Mexico since the 1992 constitutional and legal reforms in that country. Prior to the Mexican Revolution, communal tenure had all but disappeared, but since 1920 community-based tenure re-emerged to become the dominant tenure form in Mexico. The paper investigates ejido land tenure through an examination of ejido governance structures and the tenure rules relating to the acquisition, transfer and extinction of land and resource rights. It draws on community-level research and numerous published case studies, relevant laws, and on data describing the status of ejidos countrywide. This reveals a diverse set of practices, which in many instances depart from the rules as defined in the Agrarian Law and even in internal community regulations. Land tenure plays a critical mediating role in the inter-relationship between humans and the environment. Using the framework of resilience I examine the persistence of ejido tenure and its dynamics in the aftermath of major land policy and legal reforms. Three major ‘shocks’ are identified which are seriously challenging the resilience of ejidos. These are the 1992 legal reforms, NAFTA and the resulting out-migration from rural Mexico, and urbanization. I conclude that ejidos have generally been resilient enough to accommodate the 1992 reforms, but problems with cross-generational transfers that stem in part from labor migration, and urbanization have set ejidos on a course that could ultimately overcome all but the most resilient communities.     

Land tenure (in)security and crop-tree intercropping in rural Xinjiang,China

The relationship between land tenure security and long-term land-related investment is of great importance especially given the current flux in property rights systems of agricultural land in China. This paper empirically examines the role of land tenure security in farmers’ crop-tree intercropping decisions, and is based on a comparative analysis between contract land and wasteland holders in rural Xinjiang, China. Data from a survey, carried out in 2008 among 352 households in Awati County in Xinjiang, is used to estimate the factors that affect the adoption of crop-tree intercropping. The results indicate that, for those households that only have contract land, land tenure security positively affects their adoption of crop-tree intercropping. However, for those that hold both contract land and wasteland, land tenure security negatively impacts upon their adoption of crop-tree intercropping on wasteland, as the crop-tree intercropping on wasteland can increase the perceived tenure security of wasteland. The results also suggest that the comprehensive effect of labor organization on intercropping is moderate as a result of the presence of counteracting effects.     

Land tenure security and its implications for investments to urban agriculture in Soweto,South Africa

Land tenure regime is considered one of the most crucial assets determining viability of urban agriculture, especially in terms of investments. Many authors have built on traditional agricultural theory that only land ownership and (formal) secure land tenure can incite investments into farming, thus stressing the need of secure land tenure for more prosperous urban agriculture. However, these statements are often built on weak or nonexistent empirical evidence. This research aims to contribute to the discussion on land tenure for urban agriculture by mixed-method exploration of the above-mentioned theory. Additionally, we propose a farming investment index which measures the level of investments by using non-monetary information obtained from respondents. The results of our study show that land tenure security for urban farmers is often seen as a rather narrow concept, focusing only on legal tenure security but omitting its other dimensions such as perceived and de facto tenure security. Nevertheless, all three dimensions of tenure security positively influence investments to urban agriculture.     

Land tenure security: Revisiting and refining the concept for Sub-Saharan Africa's rural poor

In more developed societies the concept of land tenure security is implicit and backed by long standing institutions. In contrast, the concept is less recognised and carries divergent meanings in developing countries. In these contexts past conceptualisation efforts have favoured reductionist approaches: the concept is narrowed to one aspect or another, but, no shared agreement on a definition prevails. The absence of this basic theoretical knowledge impedes discourse on land policy formulation, implementation, and evaluation. This paper contributes to this issue by revisiting and refining the concept of tenure security in the context of Sub-Saharan Africa's rural poor. Using a systematic review, scientific evidence on the conceptualization issue is provided. A typology of different schools of thought is developed: land tenure security is shown to be understood through (1) economic, (2) legal or (3) adaptation lenses. Generic constructs from these viewpoints tend to dominate the notion of tenure security and subsequent land policy formulation; however, it is argued that none adequately describe the totality of the concept. Using the review results and a systems approach a new inclusive concept of tenure security for rural poor in Sub-Saharan Africa is developed. The refined concept of security is defined as an emergent property of a land tenure system. The content of such security is explained by interactions between all elements of a land tenure system as a whole. It is concluded that rural poor in Sub-Saharan Africa can enjoy the total security when interactions between all elements occur in a dynamic equilibrium.     

Policy Discourses on Women's Land Rights in Sub–Saharan Africa: The Implications of the Re–turn to the Customary

This article examines some contemporary policy discourses on land tenure reform in sub–Saharan Africa and their implications for women's interests in land. It demonstrates an emerging consensus among a range of influential policy institutions, lawyers and academics about the potential of so–called customary systems of land tenure to meet the needs of all land users and claimants. This consensus, which has arisen out of critiques of past attempts at land titling and registration, particularly in Kenya, is rooted in modernizing discourses and/or evolutionary theories of land tenure and embraces particular and contested understandings of customary law and legal pluralism. It has also fed into a wide–ranging critique of the failures of the post–colonial state in Africa, which has been important in the current retreat of the state under structural adjustment programmes. African women lawyers, a minority dissenting voice, are much more equivocal about trusting the customary, preferring instead to look to the State for laws to protect women's interests. We agree that there are considerable problems with so–called customary systems of land tenure and administration for achieving gender justice with respect to women's land claims. Insufficient attention is being paid to power relations in the countryside and their implications for social groups, such as women, who are not well positioned and represented in local level power structures. But considerable changes to political and legal practices and cultures will be needed before African states can begin to deliver gender justice with respect to land.     

Urban land administration and planning in China: Opportunities and constraints of spatial data models

China's economic reforms over the past decades have given rise to the development of a rudimentary urban land market. Although one cannot speak of a land “market” in the strict sense of the word, there is an urban land allocation system in which land lease rights can be acquired through the payment of a land-use fee. If the urban land market is to develop in a sustainable manner, new credible institutions need to be established that can safeguard greater legal security and transparency. For these purposes, it is necessary to establish a management system that can support the legal (tenure security), economic (leases, taxes) and broader aspects (spatial and environmental land use policies) of land administration. To make an urban land administration system socially credible and functional, land-related information should be registered and structured at a detailed spatial level, such as parcels. There is no parcel-based information system in China, but the country has developed a population registration system at a detailed spatial level that could be a starting point to develop integrated information systems, or a so-called “local spatial data infrastructure”. This paper reviews China's population registration system and their spatial units and presents a proposal for an information system that can be expanded or adapted to meet the requirements of an effective land administration system.     

Digital governance and the reconstruction of the Indian anti-poverty system

On a global scale, programmes of social protection for the poor are becoming increasingly computerised, and architectures of biometric recognition are being widely used in this respect. I research how these architectures, adopted in anti-poverty systems, structure ways to ‘see the state’ for citizens living in poverty. To do so I study India’s Public Distribution System (PDS) in Kerala, which is augmenting its main food security scheme with the computerised recognition of its users. In the government’s narrative, biometric technology is depicted as an optimal solution to the illicit diversion of PDS goods on the market. Nevertheless, according to the multiple narratives collected across the state, beneficiaries dispute this view in different ways because of the mixed effects of the new technology on their entitlements under the PDS. The government’s capability to reconstruct its image through digital innovation is thus found to be constrained by citizens’ perceptions derived from their encounters with the new technology of governance.     

Assessing land reallocation decisions during transition in Romania

The post-socialist countries underwent dramatic changes in agricultural land ownership and production system. Former socialist collective farms have been dismantled, rural land has been privatized, and land markets have been formalized. Nevertheless, more than a decade later farming associations still persist in the choices that landowners make in terms of land reallocation despite collective action problems and the availability of leasing-out land as a close substitute. While the decision of farming the land individually has been well understood, there is less research on why landowners join farming associations rather than participate in land transactions. The paper examines this question using household survey data from the two largest agro-regions in Romania. I find that farming associations constitute a good land reallocation option for landowners that are resource constrained but are still willing and able to be engaged in farming. Associations provide security of tenure and capital access, allowing landowners to draw on the benefits of scale economies. Leasing-out is a viable alternative for younger landowners who can engage in non-farming activities and for older landowners with limited farming abilities.     

一户一居：中国农民居住保障补充规范

研究目的:解释并定位《土地管理法》第62条第2款新设的一户一居规则。研究方法:规范解释、文本分析、规则比较等。研究结果:一户一居是农村村民一户拥有一处法定面积的居住空间的保障制度,是政府组织农民集体盘活利用存量宅基地、统一修建住宅并分配给农户的行为规范。一户一居开创了宅基地置换资产、宅基地集体统一利用、居住保障资产与经营性资产相分离、人均公平分配等农民居住保障的新制度和新观念。与《土地管理法》第62条第1款一户一宅规则下的宅基地实物分配不同,一户一居通过存量宅基地的资产化改造和居住保障权益的重新分配实现农民户有所居。研究结论:一户一居适用于无地可分的城中村和城郊村,受地方政府和农民集体财力以及当地市场需求的约束,是一户一宅的补充。     

Drivers of perceived land tenure (in)security: Empirical evidence from Ghana

Tenure security is believed to be critical in spurring agricultural investment and productivity. Yet what improves or impedes tenure security is still poorly understood. Using household- and plot-level data from Ghana, this study analyses the main factors associated with farmers’ perceived tenure security. Individually, farmers perceive greater tenure security on plots acquired via inheritance than on land allocated by traditional authorities. Collectively, however, perceived tenure security lessens in communities with more active land markets and economic vibrancy. Plots held by migrant households and women in polygamous households are perceived as less tenure secure, while farmers with political connections are more confident about their tenure security.     

Land tenure security for women: A conceptual framework

While strengthening women’s land rights is increasingly on national and international agendas, there is little consensus on how to understand women’s tenure security. Analyses of women’s land rights often use very different definitions of land rights, from formal ownership to women’s management of plots allocated to them by their husbands. This paper identifies aspects of women’s tenure that should be included in indicators. It then provides a conceptual framework to identify the various dimensions of women’s land tenure security and the myriad factors that may influence it. To be able to compare women’s tenure security in different places, we need information on the context, the threats and opportunities facing tenure security, and the action arena that includes both the people who play a role in promoting or limiting women’s tenure security and the resources used in doing so.     

The role of land planning policies in supporting housing affordability: The case of the Gaza Strip

The Gaza Strip suffers from a limited amount of land compared to the population growth rate. This imposes several challenges on urban planners in managing housing land in a way that protects housing affordability, especially for the low-income category. In general, housing in the Gaza Strip is unaffordable, for several reasons, including a recent abnormal rise in urban land prices. The study investigated this issue based on a survey of local housing specialists in addition to residents. The study found that to support housing affordability in Gaza, planning solutions that ensure efficient use of urban land in the first place need to be implemented. Furthermore, two parallel actions are required: (i) to implement measures that increase housing land supply and improve security of land tenure; and (ii) to establish a robust and effective housing finance system that fits the socio-economic situation in the Gaza Strip.     

Customary vs Private Property Rights? Dynamics and Trajectories of Vernacular Land Markets in Sub‐Saharan Africa

Contemporary discourse on land in Africa is polarized between advocates of tenure reform through state registration of individual titles to land and others who claim that customary or 'communal' tenure is the only check against landlessness among the poor in the African countryside, and that 'pro-poor' land policy should therefore strengthen customary rights to land. This paper draws on a growing body of evidence on the emergence of vernacular rural land sales and rental markets to question assumptions that underlie the non-market 'ideal type' communal tenure model that has historically dominated policy thinking in Africa, and continues to be shared by both sides of the current land tenure reform debate. The paper argues that recognition of the specific characteristics of 'vernacular land markets'– commoditized transfers of land within the framework of customary tenure – is essential if state land policies are to succeed in promoting the interests of the poor.     

Revisiting the World Bank's land law reform agenda in Africa: The promise and perils of customary practices

This paper revisits the World Bank's land law reform agenda in Africa by focusing on two central issues: (1) land law reform as a tool for resolving land conflicts, and (2) the role of land law reform in addressing gender inequalities. While the Bank's recent land report provides insights for improving land governance in Africa, it fails to acknowledge the exploitative and contentious politics that often characterize customary land tenure systems, and the local power dynamics that undermine the ability of marginalized groups to secure land rights. Using insights from recent fieldwork, the paper analyses the links between land law reform and conflict in Ghana, and the gendered dynamics of reforming land governance in Tanzania. These “crucial cases” illustrate how land law reform can provoke conflicts over land and threaten the rights of vulnerable populations (e.g. migrants and women) when customary practices are uncritically endorsed as a means of improving land governance. As such, the paper concludes with a series of recommendations on how to navigate the promise and perils of customary practices in the governance of land.     

Public Action, Agrarian Change and the Standard of Living of Agricultural Workers: A Study of a Village in Kerala

This article describes and analyses the ways in which public action in the State of Kerala in India helped to transform the standard of living of hired workers in agriculture. Specifically, the article analyses the extent of land and asset ownership, access to credit, access to social security schemes and food distribution systems and the conditions of housing and sanitation of households participating in agricultural wage work. The article is based as a case study of Morazha desam in the Malabar region of Kerala, which had one of the most oppressive agrarian systems in India before 1956–57. In 1955, another economist had studied Morazha desam; this study was conducted before one of the most important interventions through public action – land reform – took place in Malabar. The 1955 study had characterized the conditions of life of agricultural workers as 'wretched in the extreme'. The present article documents the significant transformation in the quality of life that took place in Morazha after 1955, through a weakening of the factors that led to 'wretched' conditions of life in the earlier period. The destruction of traditional agrarian power by the state through land reform was the most critical step in this process.     

Using a Delphi approach to identify the most efficacious interventions to improve Indonesia’s forest and land governance

Improvements to forest and land governance are key to addressing deforestation and degradation of peatlands in Indonesia. While this is a priority area, the steps to achieving good forest and land governance have been under-researched. There is a need for better links between theoretically informed academic analysis and work in the field. This study drew together a panel of experts on forest and land governance using a Delphi method to discuss the underlying drivers of deforestation and peatland degradation, and correspondingly, to identify interventions to improve land and forest governance in Indonesia. Seventeen panelists with an average of more than 12 years’ experience reached agreement over four governance interventions: increasing the capacity of local communities to manage and monitor forests and natural resources (65% of panelist’s votes); identify strengths and weaknesses of community organisations and institutions, and develop strategies to improve their performance (65% of panelist’s votes); gazetting forests to clarify land boundaries and determine which areas should be village, community and state forest zone (59% of panelist’s votes); and, integrating participatory community maps into spatial plans to protect local communities and indigenous peoples’ development needs (53% of panelist’s votes). They also supported action research involving the government, private sector and communities, and political economy approaches to researching forest and land governance issues. Panelists indicated that community level approaches such as securing community forest tenure through clarifying land claims and integrating local land tenure into spatial planning had an important role in sustainable forest management.     

Land tenure and land reform: past and present

This article looks at land reform in history and compares it to the present. The primary concern is the relationship between land tenure and economic development, and land reform and the distribution of income, wealth and power. The main finding—that dispersed ownership and management correlate with economic development—is unsurprising. But it is more difficult to assess how conditions which are conducive to maximal production come about, or how a society shifts from concentrated power over land and labour to a dispersed tenure system.