Formalization of communal land tenure and expectations for pastoralist livelihoods

2022 ◽  
Vol 114 ◽  
pp. 105961
Author(s):  
Trinity S. Senda ◽  
Lance W. Robinson ◽  
Charles K.K. Gachene ◽  
Geoffrey Kironchi
Keyword(s):  
Author(s):  
Edwin F. Ackerman

This book argues that the mass party emerged as the product of two distinct but related “primitive accumulations”—the dismantling of communal land tenure and the corresponding dispossession of the means of local administration. It illustrates this argument by studying the party central to one of the longest regimes of the 20th century—the Partido Revolucionario Institucional (PRI) in Mexico, which emerged as a mass party during the 1930s and 1940s. I place the PRI in comparative perspective, studying the failed emergence of Bolivia’s Movimiento Nacionalista Revolucionario (MNR) (1952–64), attempted under similar conditions as the Mexican case. Why was party emergence successful in one case but not the other? The PRI emerged as a mass party in areas in Mexico where land privatization was more intensive and communal village government was weakened, enabling the party’s construction and subsequent absorption of peasant unions and organizations. Ultimately, the overall strength of communal property-holding and concomitant traditional political authority structures blocked the emergence of the MNR as a mass party. Where economic and political expropriation was more pronounced, there was a critical mass of individuals available for political organization, with articulatable interests, and a burgeoning cast of professional politicians that facilitated connections between the party and the peasantry.


Obiter ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 175-185
Author(s):  
George Barrie

The facts in this case, which fell to be decided by the Supreme Court of Namibia in November 2018, can be succinctly put: in 1985, Ms Kashela’s late father was allocated a piece of land as part of communal land by the Mafwe Traditional Authority (MTA) in the Caprivi region of the then-South West Africa (now Namibia). In 1985, the Caprivi region fell under the then-South West Africa Administration. Following the independence of Namibia on 21 March 1990, all communal lands became property of the state of Namibia by virtue of section 124 of the Constitution of Namibia Act 1 of 1990, read with Schedule 5 of the Constitution. Paragraph (3) of Schedule 5 of the Constitution states that the afore-mentioned communal lands became property of the state “subject to any existing right, charge, obligation or trust existing on or over such property”.


2019 ◽  
Vol 06 (01) ◽  
pp. 1940002 ◽  
Author(s):  
April Karen Baptiste ◽  
Hubert Devonish

Hurricane Irma caused significant destruction to the Caribbean during the 2017 Atlantic Hurricane season. In its aftermath, many of these Small Island Developing States (SIDS) are left with the dilemma of seeking ways to rebuild in some cases entire nation states. Using the case study of Antigua and Barbuda, where Barbuda was the first Caribbean island to receive a direct hit from Hurricane Irma, the paper begins to explore the ways in which the global system of exploitation of SIDS exacerbates internal historical conflicts which is a manifestation of climate injustices. Specifically, the Barbudans’ relative privilege in having inherited communal land rights have become, for the government, the barrier standing in the way of the only alternative funding sources for reconstruction, foreign tourism investment. Using the theoretical underpinnings of climate justice, we argue that the causers of climate change, who are generally the inheritors of the historic colonization, exploitation and impoverishment of these states, will effectively benefit from the intensity of Hurricane Irma, given that they will eventually get access to Barbudan land if the communal land rights are revoked.


Land ◽  
2019 ◽  
Vol 8 (10) ◽  
pp. 146 ◽  
Author(s):  
Melissa Schumacher ◽  
Pamela Durán-Díaz ◽  
Anne Kristiina Kurjenoja ◽  
Eduardo Gutiérrez-Juárez ◽  
David A. González-Rivas

The ejido system, based on communal land in Mexico, was transformed to private ownership due to neoliberal trends in the 1990s. Based on the theory of stakeholders being agents of change, this study aimed to describe the land policies that changed the ejido system into private development to show how land tenure change is shaping urban growth. To demonstrate this, municipalities of San Andrés Cholula and Santa Clara Ocoyucan were selected as case studies. Within this context, we evaluated how much ejido land is being urbanized due to real estate market forces and what type of urbanization model has been created. These two areas represent different development scales with different stakeholders—San Andrés Cholula, where ejidos were expropriated as part of a regional urban development plan and Santa Clara Ocoyucan, where ejidos and rural land were reached by private developers without local planning. To analyze both municipalities, historical satellite images from Google Earth were used with GRASS GIS 7.4 (Bonn, Germany) and corrected with QGIS 2.18 (Boston, MA, US). We found that privatization of ejidos fragmented and segregated the rural world for the construction of massive gated communities as an effect of a disturbing land tenure change that has occurred over the last 30 years. Hence, this research questions the roles of local authorities in permitting land use changes with no regulations or local planning. The resulting urbanization model is a private sector development that isolates rural communities in their own territories, for which we provide recommendations.


Author(s):  
Melissa Schumacher ◽  
Pamela Durán-Díaz ◽  
Anne Kristiina Kurjenoja ◽  
Eduardo Gutiérrez-Juárez ◽  
David A. González-Rivas

The ejido system in Mexico based on communal land was transformed for private ownership due to neoliberal trends during 1990. This research describes the evolution of Mexican land policies that changed the ejido system into private development to answer why land tenure change is shaping urban growth. To demonstrate this, municipalities of San Andrés Cholula and Ocoyucan were selected as a case study. Within this context, we evaluated how much ejido land is being urbanized due to real estate market forces and what type of urbanization model is created. These two areas represent different development scales: S.A. Cholula where its ejidos were expropriated as part of a regional urban development plan; and Ocoyucan where its ejidos and rural land were reached by private developers without local planning. To analyze both municipalities, historical satellite images from Google Earth were used with GRASS GIS 7.4 and corrected with QGIS 2.18. We found that privatization of ejidos fragmented and segregated the rural world for the construction of massive gated-communities. Therefore, a disturbing land tenure change occurred during the last 30 years, hence this research questions the role of local authorities in permitting land use change without regulations or local planning. The resulting urbanization model is a private sector development that isolates rural communities in their own territories, for which we provide recommendations.


1990 ◽  
Vol 28 (2) ◽  
pp. 265-297 ◽  
Author(s):  
Richard Barrows ◽  
Michael Roth

Economists using a narrowly defined neo-classical model have derived the hypothesis, often treated as an empirically demonstrated proposition, that traditional African systems of ‘communal’ land tenure are inefficient when land has scarcity value. By way of contrast, individualised tenure, typically defined as demarcation and registration of freehold title, is viewed as superior because owners are given incentives to use land most efficiently and thereby maximise agriculture's contribution to social well-being.


2010 ◽  
Vol 48 (3) ◽  
pp. 383-411 ◽  
Author(s):  
Elizabeth Fortin

ABSTRACTIn 2004, a long-awaited piece of post-apartheid legislation, the Communal Land Rights Act – to reform the land tenure of those living in the former ‘homelands’ of South Africa – was passed into law unanimously by parliament. This unanimity, however, conceals the extent to which the process towards this moment was deeply contested. Exploring the efforts by land sector NGOs to secure legitimacy in their engagements with this process reveals the extent to which wider power relations and contestations have determined their positioning. Those within the non-governmental land sector who opposed the legislation pitted themselves against African National Congress politicians and high-profile traditional leaders. However, the adoption of a Mamdani-inspired discourse to contest such politics and oppose the proposed legislation contributed to reinscribing narrow readings of knowledge considered to be legitimate. Their engagements were also shaped by changes in the NGO sector. Reduced funding for land sector NGOs and an increasingly ambivalent relationship between them and government contributed to contestations between NGOs and among people working within them. Their strategic engagements in such wider and internal politics influenced both the frames within which such policy change could be debated and the ways in which individuals working for NGOs consequently positioned themselves in relation to their constituents.


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