Land Rights under Stress in Darfur: A Volatile Dynamic of the Conflict

Abstract

The aggravation of land rights over time in Darfur was a primary factor in the initiation of the conflict, and has emerged as a particularly dif?cult set of issues in the search for viable peace. While the prospect of being able to keep land acquired in course of the conflict was a primary factor in recruitment for the Janjaweed, it came on the heels of a set of changes in the environment, land use and population patterns, institutions, law and governance that produced a highly unwieldy and volatile land rights scenario. This article explores the role of land tenure in the Darfur conflict, examining the aggravation of rights, custom, and law over time, and then focusing on two of the primary war-related tenure problems currently facing Darfur — use of land rights as tools of belligerence, and the land dispossession — secondary occupation problem.     

EXPLORING THE CONNECTIONS: LAND TENURE, SOCIAL IDENTITIES, AND AGROBIODIVERSITY PRACTICES IN GHANA

This article employs qualitative and quantitative evidence from primary social research in Ghana to examine the link between land tenure security and social identities (of wealth/income and gender), and how they condition farmers' investments in practices that contribute to the rehabilitation of tree biodiversity (agrobiodiversity). Statistical analyses of the significance of the effects of farmers' de jure land tenure security regimes, and income and gender on agrobiodiversity practices were inconclusive. The conventional causation link between investments and more secure formal land tenure rights, for instance, was confirmed in investments in four out of eight agrobiodiversity practices. Testimonial-based evidence of farmers provided a clearer concept of land tenure security and an explanatory framework about the interacting and complex effects of income and gender on land tenure security. The theoretical and empirical argument developed from these testimonies portrays land tenure as embodying negotiated social processes, influenced by gender and income of individuals, whereby breadth of land rights, duration of rights over land, and assurance of rights are established, sustained, enhanced or changed through a variety of strategies to shape tenure security. These processes – tenure building and renewal processes – are critical because all farmers have lingering anxiety about land tenure rights, even among farmers with more secure formal rights. Investments are made in agrobiodiversity practices as a strategy to strengthen land tenure security and thereby minimize anxiety, leading to reverse causation effects between land tenure, social identities, and investments.     

Está listo (Are you ready)? Gender,race and land registration in the Río Plátano Biosphere Reserve

Geographers and political ecologists are paying increased attention to the ways in which conservation policies disrupt indigenous customary tenure arrangements. However, much less attention is given to the particular ways protected area management shapes natural resource access for indigenous women. With this in mind, this article examines how a recently proposed state land project in Honduras, Catastro y Regularización, requires that Miskito residents individuate collective family lands in the interests of ‘sustainable development’ and ‘biodiversity protection’. In the debates that followed the project's announcement, Miskito women feared that such measures would erase their customary access to family lands. As the state's project seeks to re-order Reserve land, intra-Miskito struggles intensified among villagers. Such struggles are not only gendered but are shaped by longstanding processes of racialization in Honduras and the Mosquitia region. Drawing upon ethnographic research, I argue that Miskito women's subjectivity and rights to customary family holdings are informed by their ability to make ‘patriarchal bargains’ with Miskito men inside the Río Plátano Biosphere Reserve. Such findings suggest that scholars and policy makers continue to reflect on the ways global conservation and sustainable development practices may undermine indigenous customary tenure securities, whether intentionally or not.     

Pastoralism and Land‐Tenure Change in Kenya: The Failure of Customary Institutions

Until recently, the Pokot in the highlands of the Baringo area in Kenya have practised semi‐nomadic pastoralism. Today they are rapidly sedentarizing and in many areas suitable for farming, they are adopting rain‐fed agriculture. As a result of these dynamics, claims to individual property on de facto communal rangelands have arisen, and to such an extent that they seriously threaten the peace of the community. This article explores the conflicts that emerge in the transition from common property to private tenure. Using locally prominent land disputes as exemplary cases, it focuses on the role of traditional gerontocratic authorities in the attempt to resolve a growing number of land disputes; on the emerging power of patrilineal clans and local elites in the enforcement of access to land; and on the incompetence of government agencies to intervene. The failure of customary institutions to ensure land tenure security leads to a situation in which women and marginalized actors in particular are threatened with displacement, and in which most local actors want the state to intervene and establish formal property rights.     

Gendered struggles over land: shifting inheritance practices among the Serer in rural Senegal

Although women’s land rights are often affirmed unequivocally in constitutions and international human rights conventions in many African countries, customary practices usually prevail on the ground and often deny women’s land inheritance. Yet land inheritance often goes unnoticed in wider policy and development initiatives to promote women’s equal access to land. This article draws on feminist ethnographic research among the Serer ethnic group in two contrasting rural communities in Senegal. Through analysis of land governance, power relations and ‘technologies of the self’, this article shows how land inheritance rights are contingent on the specific effects of intersectionality in particular places. The contradictions of legal pluralism, greater adherence to Islam and decentralisation led to greater application of patrilineal inheritance practices. Gender, religion and ethnicity intersected with individuals’ marital position, status, generation and socio-ecological change to constrain land inheritance rights for women, particularly daughters, and widows who had been in polygamous unions and who remarried. Although some women were aware that they were legally entitled to inherit a share of the land, they tended not to ‘demand their rights’. In participatory workshops, micro-scale shifts in women’s and men’s positionings reveal a recognition of the gender discriminatory nature of customary and Islamic laws and a desire to ‘change with the times’. While the effects of ‘reverse’ discourses are ambiguous and potentially reinforce prevailing patriarchal power regimes, ‘counter’ discourses, which emerged in participatory spaces, may challenge customary practices and move closer to a rights-based approach to gender equality and women’s land inheritance.     

‘NOBLESSE DE ROBE’ IN A CLASSLESS SOCIETY

This article deals with the effect of ownership and control of land on women's remarriages in early modern Western Norway. Marrying a tenant widow gave her new husband the right to tenure. On freeholder farms the eldest son, according to Norwegian odelsrett and åseterett, had the right to inherit the farm. When land-seeking youngsters obtained tenure by marrying tenant widows, these widows became highly attractive marriage partners, in contrast to widows of freeholder peasants where no secure position could be obtained for the new husband. Legal succession rights thus highly restricted the decisions of freeholder peasants' widows. Tenant widows had a wider range of choices closely linked to their control over land and land transfer. They were not mere passive marriage objects. In an open tenant land market widows could choose between running their farm by hired labour or with assistance from their children, they could remarry and thus acquire male labour in their household or they might benefit from giving up their tenure. Their decisions to a considerable degree influenced succession patterns on Norwegian tenant farms in the early modern period.     

The Títulos de Ebtún,Yucatan, Mexico: Mapping Maya Communal Identity in a Colonial Spanish Notarial Context

ABSTRACT

The main focus in this article is on four maps from colonial Yucatan, Mexico (c.1542?1821). The maps illustrate a two-volume set of Maya notarial documents called the Títulos de Ebtún and concern disputed communal rights to Tontzimin, one of the sparse water sources (cenotes) of this arid limestone region, and its surrounding arable land. Mention is also made of two maps of the province of Mani that were included in treaties agreed with the Spanish authorities as a final record of Maya claims to traditional agricultural rights. Although all these maps were produced by Spanish officials, they relate to broader colonial mapping traditions in Yucatan and embody a clear Maya influence. At the same time, they reveal the effect of Maya mapping practices on Spanish notarial and mapping traditions at the close of the colonial period.     

Post‐Conflict Ambon: Forced Migration and the Ethno‐Territorial Effects of Customary Tenure

In post‐conflict contexts characterized by large‐scale migration and increasing levels of legal pluralism, customary land tenure risks being deployed as a tool of ethno‐territorialization in which displaced communities are denied return and secure land rights. This thesis will be illustrated through a case study of the Indonesian island of Ambon where a recognition of customary tenure — also called adat — was initiated in 2005 at the end of a high‐intensity conflict between Christians and Muslims. Although a system of land tenure providing multiple forms of social security for the indigenous in‐group, adat in Ambon also constitutes an arena of power in which populations considered as non‐indigenous to a fixed historical territory are pushed into an inferior legal position. The legal registration of customary tenure therefore tends to be deployed to settle long‐standing land contests with a growing migrant community, hereby legally enforcing some of the forced expulsions that were brought about by the recent communal violence.     

RESTRUCTURING SOVIET AGRICULTURE: TOWARDS A SPATIAL DIMENSION

Recent Soviet reform legislation on agriculture (e.g., Land Law, Law on Property) is described and its implications for restructuring this troubled sector of the Soviet economy are surveyed. Collective, family, and individual contracting (and in some areas family farming on isolated farmsteads, or khutors) are altering the way collective and state farms are organized. Since provisions of the new legislation grant local soviets considerable authority in decisions on land tenure issues, the paper investigates how regional preferences and traditions in agriculture may reshape the rural landscape into one of greater diversity and increased spatial differentiation.     

Defusing Land Disputes? The Politics of Land Certification and Dispute Resolution in Burundi

There is a growing interest in localized land registration, in which user rights are acknowledged and recorded through a community-based procedure, as an alternative to centralized titling to promote secure tenure in sub-Saharan Africa. Localized land registration is expected to reduce land disputes, yet it remains unclear how it impacts disputes in practice. This is an urgent question for war-affected settings that experience sensitive land disputes. This article discusses findings from ethnographic fieldwork in Burundi on pilot projects for land certification. It identifies three ways in which certification feeds into land conflicts rather than preventing or resolving them. First, land certification represents a chance for local people to enter a new round of claim making, as those ignored or disenfranchised in earlier rounds see new opportunities. Second, it offers an avenue for institutional competition between different land-governing institutions. Third, certification provides politicians with openings to interfere in tenure relations and to expand their support base. The authors conclude that these problems are not simply a matter of inadequate policy design. Rather, there are crucial political dimensions to land conflicts and land tenure in Burundi, which means that land registration programmes run the risk of inflaming conflictive property relations in rural communities.     

Gendered frontiers of land control: indigenous territory,women and contests over land in Ecuador

Agricultural and rural land has become the site of considerable policy, governmental and scholarly concern worldwide because of violence and dispossession, food insecurity and contests over private property regimes. Such issues are highly gendered in territories with majorities of indigenous populations where overlapping legal regimes (statutory, multicultural, customary) and histories of dispossession have created complex spatialities and access patterns. States' formalization of indigenous rights, neoliberal restructuring and land appropriation are the backdrop to Ecuadorian women's struggles to access, retain and pass on land. Despite a burgeoning literature on Latin American indigenous territories, women are often invisible. Using collaborative research among two indigenous nationalities, the article analyses the political–economic, legal and de facto regimes shaping women's claims to land and indigenous territory. Focusing on Kichwa women in the rural Andes and Tsáchila women in a tropical export-oriented agricultural frontier area, the article examines the criteria and exclusionary practices that operate at multiple scales to shape women's (in)security in tenure. Women's struggles over claims to land and territory are also discussed. The article argues that Latin America's fraught land politics requires a gendered account of indigenous land–territoriality to unpack the cultural bias of western feminist accounts of multiculturalism and to document the racialized gender bias across socio-institutional relations.     

Land as fictitious commodity: the continuing evolution of women's land rights in Uganda

In sub-Saharan Africa, colonial influences have altered traditional practices as a way to manage that which Polanyi labeled as ‘fictitious commodities’ of land, labor, and money. Land has now become a highly marketable commodity and an intrinsic part of the global economy. Over the past century, Uganda's land rights have evolved from communal rights to that of male-dominated, individual ownership practices that have excluded women. Despite constitutional provisions, which confer title of both a deceased husband's property rights and equal rights to property within a marriage to a wife, postcolonial patriarchal tradition prevails. This article examines historical changes in land rights in Uganda and discusses the impact of shifts in land rights from communal ownership to individual tenure, altering power structures and attempting to create marketable land title. The Ugandan women's movement's opposition to policies and implementation of laws that exclude women has been unable to facilitate the required changes in unbiased access to land rights, despite apparent victories in revisions to the letter of the law. Situated within contemporary interpretations of tradition and pressures of market demand, this article shows that women's access to landownership and use are restricted by misinterpretation of traditional law and a lack of enforcement of contemporary legal rights. To illustrate the impact of a lack of access to land, this article examines an empirical case study of widowed subsistence farmers in southern Uganda. Women in Uganda continue to lose ground, quite literally, decreasing the possibility of gender equity in terms of land.     

No Change for Thirty Years: The Renewed Question of Women's Land Rights in Rural China

Since the mid‐1990s, a new land‐use rights regime has gradually come into effect in China. It follows upon a series of earlier changes — land reform, collectivization and the first wave of contracting land to households — that paid attention to women's role in publicly recognized work and provided access to land. The new regime, which has gradually come into effect as previous (usually fifteen‐year) terms expired, authorizes an adjustment in land allocation which is then normally frozen for thirty years. An apparently inadvertent effect of this policy is not only the exclusion of young people from direct access to land for up to thirty years from birth, but the de facto separation of the majority of women who marry or remarry patrilocally from allocated land. ‘No change for thirty years’ (sanshi nian bu bian) has thus become the distinctive feature for women of China's current land‐use regime. The state has renounced its potential to reallocate land periodically and there is no indication that market mechanisms are filling, or are capable of filling, the void thereby created. This article examines local conceptions, responses and practices regarding land‐use rights and their transfer within this new framework, using field evidence from three upland agricultural communities in Chongqing and Sichuan (studied in 2003, 2004 and 2005), where land allocations were fixed in 1995, 1999 and 2001 respectively. The ethnographic findings are further explored in relation to contemporary research on gender and land rights.     

‘Best Practice’ Options for the Legal Recognition of Customary Tenure

Is there a ‘best practice’ model for the legal recognition of customary tenure? If not, is it possible to identify the circumstances in which a particular model would be most appropriate? This article considers these questions in the light of economic theories of property rights, particularly as illustrated by the World Bank's 2003 land policy report. While these theories have their flaws, the underlying concept of tenure security allows a typological framework for developing legal responses to customary tenure. In particular, this article suggests that the nature and degree of State legal intervention in a customary land system should be determined by reference to the nature and causes of any tenure insecurity. This hypothesis is discussed by reference to a wide variety of legal examples from Africa, Papua New Guinea and the South Pacific. The objective is not to suggest that law determines resource governance outcomes in pluralist normative environments, but to improve the quality of legal interventions in order to assist customary groups to negotiate better forms of tenure security and access to resources.     

Property Rights and the Environment in Pastoral China: Evidence from the Field

It is widely perceived that the degradation of China’s rangelands has accelerated since the introduction of rural reforms in the late 1970s. The popular explanation for this phenomenon has been that a ‘tragedy of the commons’ exists, as privately‐owned livestock are being grazed on ‘common’ land. Since the passing of the Rangeland Law in 1985, Chinese pastoral tenure policy has emphasized the establishment of individual household tenure as a necessary condition for improving incentives for sustainable rangeland management. Yet household tenure has yet to be effectively established in many pastoral regions. The first objective of this article is to describe pastoral tenure arrangements in northern Xinjiang‐Uygur Autonomous Region. Its second objective is to explain pastoral tenure arrangements, particularly the observed persistence of collective action. It is argued that there is no ‘tragedy of the commons’ and that it is characteristics of rangeland resources and the social environment that give rise to the particular types of institutional arrangements found.     

清代地权交易形式的多样化发展

There were three kinds of financial transactions involving rights of land during the Qing Dynasty: debt financing through rights of land, the direct transferring of the rights of land, and the transaction of shares. This article attempts to clarify the confusion between several types of debt financing through rights of land. Ya 押 was loan through land as guaranty and repaying the interest and capital by the rent of land or harvest. Dian 典 was loan through temporary transferring of usage rights and harvest in a certain period of time. Dang 当 referred to various types of loans which involved the rights of land. Di 抵 meant using a certain portion of land right as repayment of debt. Similar with modern financial methods, these financial transactions in the Qing Dynasty allowed peasants to preserve their possessive rights over the land and also satisfied their financial needs. The direct transactions of rights of land and repayment of debt by harvest included juemai 绝卖 (finalized sale of land), huomai 活卖 (not finalized sale of land), dianquan dingtui 佃权顶退 (sell or purchase tenancy), zhaojia 找价 (price add-on after transaction), and huishu 回赎 (redemption). The main purpose of these transactions was to protect the land proprietors as far as possible. Share transaction and co-tenancy of land also appeared in the Qing Dynasty. Such diverse financial transactions not only were substitutes of modern financing tools which allowed peasants to weather financial hardship, but also promoted the changing ownership of land which further encouraged the combination of different production elements and reallocation of resources in the land market. This paper is the research result of the National Philosophy and Social Science Fund Project “Market of land rights and the evolution of its system, 1650–1950.”     

Land tenure and rancho expansion in Alta California, 1784–1846

Popular writers and historians have viewed the rancho as a symbol of the halcyon days of hispanic California and often have overlooked the role of rancho land grants in changing the land tenure system of Alta California during Mexican occupance. This paper views the rancho as an integral part of a land tenure system under which considerable land was granted and examines the patterns of rancho land grants to 1846. The majority of rancho grants were less than six years old at the end of Mexican rule, but they were instrumental in introducing a new land tenure system which imposed a distinct order and design on the Alta California landscape. The land policies of Mexico have been strikingly persistent; rancho boundaries still constitute a prominent part of the modern landscape of California. As a settlement institution, the rancho was more than boundaries delimiting ownership of land, it was the primary means by which resources were distributed, organized and exploited. While the granting of land in Alta California was a distinctive practice, an investigation of how this land system came about and its impact on the land adds to our understanding of tenure practices in general and in particular provides insights into the way in which cultural and economic values are impressed on the land through land ordinances.     

Tuna Dreams: Resource Nationalism and the Pacific Islands' Tuna Industry

The 1982 United Nations Law of the Sea was expected by many to lead to a drastic redistribution of income from the world's fisheries. This article explores the extent to which this happened by examining the case of the Pacific Islands' tuna industry. The analysis shows that even though these developing countries gained legal jurisdiction over some of the largest tuna stocks in the world, they encountered tremendous obstacles when they attempted to convert those tenure rights into concrete economic gains. Notwithstanding their success in organizing and co-operating amongst themselves, the Pacific Island countries (PICs) were unable to compel the distant water fishing nations to pay them more than a nominal access fee. When the PICs tried instead to develop their own tuna industries, they were disadvantaged by being located at the raw material end of the commodity chain. This case study suggests that a change in property rights is only a starting point for achieving increased equity in a global natural resource industry; not only do the new resource owners have to develop expertise in managing their ‘property’; they also need to develop a good understanding of the organization and operation of these natural resource industries.     

‘Your work is of no use to us…’: Administrative interests in ethnographic research (West New Guinea, 1950–1962)

Abstract

The extent of customary land in Samoa and the laws pertaining to its protection create a presumption of state dependence on the regulation of custom in effecting state policies within local contexts. The principal means of regulating custom in Samoa has been and continues to be through state court adjudication of conflicts over customary land and chiefly titles. The transitive nature of ‘custom’ and conceptions of ‘custom’ in Samoa created an opening for court influence in the construction of custom, if not custom's partial reinvention through the agency of the courts. This occurred principally through the courts’ privileging principles of English common law in confirming asserted land rights generally considered unenforceable at the time of Samoa's political partition. The courts re‐interpreted as customary, conceptions of land rights the colonial state's influence attempted to effect within Samoan society. But the source of the changes, and the courts’ role in promoting them, tended not to be equally reflected upon. To the extent such influence is ignored in analyses of Samoan land tenure and customary law, and reproduced within state policies and court adjudication of conflict, custom's social construction is left unexamined, assumed to be more general than it is, and likely to exacerbate tensions and conflict within Samoan society rather than reduce them.     

Recognition of native rights in Northern Quebec: Settlement of comprehensive claims,constitutional protection and economic development

In order to allow for hydro development in Northern Quebec, it was necessary for the federal and provincial governments to negotiate conditions of settlement with the tree and Inuit people. These negotiations resulted in the James Bay and Northern Quebec Agreement in 1975.

A process to define aboriginal rights was established when the Canadian Constitution was repatriated in 1981–1982. In 1983, the Constitution was amended to recognize, among other things, rights or free ‐doms acquired by way of land claims agreements, as well as existing aboriginal and treaty rights. However, after a series of constitutional meetings, participants did not agree on an amendment to entrench the right to self‐government.

In the context of future development and actual practices, the exercise of rights is also extremely crucial; and, indeed, it is only through practice that those rights can be measured.