Zimbabwe's ‘Fast Track’ Land Reform: What about women?

The wave of occupations of commercial farms in Zimbabwe starting in the year 2000 captured worldwide attention. By the end of that year, the government of Zimbabwe initiated the ‘fast track’ land reform process meant to formalize the occupations, and encourage further land appropriation and redistribution. Where are women in this process? The Women and Land Lobby Group (WLLG) was formed in 1998 by Zimbabwean women activists committed to the land issue. Since 1998 they have lobbied government to include women's interests in the design of land reform, and have made some inroads in improving women's formal rights to land as stated in policy documents. However, the current ‘fast track’ practices continue to privilege men as primary recipients of resettlement land, and the emerging role of traditional authorities in the land reform process marginalizes women. Other legal provisions that may help women struggle for changes remain weak. The contradiction between customary law, practices and attitudes and modern individual rights represents a complex battleground for women and land in Southern Africa, and calls for new feminist conceptualizations of the state as a vehicle for gender justice.     

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.     

The benevolent proprietor and the property law: A British‐Indian dilemma

British Indian revenue policy determined British‐Indian property law. ft was essential to establish a class of landed proprietors, entitled by law to collect rents from their tenants, from which in turn government could legally assess its revenue demand. Revenue was principally settled with the zamindars, who had had rights to a share in agricultural produce which carried a duty to meet government's revenue demand recognised by the Mughal government. The zamindars were redefined unequivocally as landlords by the British‐Indian property law. Their estates were assigned on the basis of existing records and were composed for the most part of disparate shares in villages. Such estates were essentially not economically viable; the social and domestic circumstances of the zamindars further compromised the management of their estates. Government intended that the landlords should become progressive farmers, but conditions, as much a product of legal enactment as of economic reality, frustrated that aim. The history of the nineteenth century administration of British India illustrates the dilemma of government, and the conflict between conservatism in the rural sphere and the pursuit of progressive policies. The radical reform of the zamindars’ estates, namely the drastic curtailments which took place under the zamindari abolition statutes under the Congress government's programme for land reform, has paradoxically achieved for independent India that which the government of British India struggled throughout a century and a half to achieve: the creation of the progressive proprietor.     

Misaligned Social Policy? Explaining the Origins and Limitations of Cash Transfers in Sudan

This article examines whether the transitional government in the wake of the December 2018 Sudanese revolution succeeded in realigning social policy with public demands. The article focuses on the evolution of cash transfer programmes from the 2012 cash programme under the Ingaz regime to the transitional government's programme 2021. While the recent programme was popularly viewed as a ‘World Bank programme’, its originators were in fact Sudanese professionals. Similarly, the Ingaz regime experimented with cash transfers before seeking out World Bank technical support. In this sense, cash transfers cannot be seen as an external imposition, as domestic actors have favoured them across different regimes. Yet, their appeal may still reflect the ‘choicelessness’ that Thandika Mkandawire associated with structural adjustment, as in both cases cash transfers were introduced as part of broader economic reform. Sudan's case is distinct in the sense that its domestic policy makers did not begrudgingly accept cash transfers but were enthusiastic instigators of them. The article traces the origins of this enthusiasm within Sudan's recent political history and explores the way in which alignment with international mainstream policy making locks Sudan into a bind. The country urgently needs to reverse the fragmentation of social policy along geographic and racial lines, yet these programmes do little to overcome such regional and racial inequalities. Thus, even after a popular revolution displaced the prevailing political settlement and called for radical change, policy makers remain misaligned to public demands.     

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.     

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.     

NGOs as Social Movements: Policy Narratives,Networks and the Performance of Dalit Rights in South India

Donor‐funded development NGOs are sometimes portrayed as co‐opting, privatizing or depoliticizing citizen action or social movements. This much is implied by the term ‘NGOization’. Alternatively, NGOs can be seen as bearers of rights‐based work increasingly threatened by tighter regulation or substitution by corporate social responsibility models of development. This article engages critically with both perspectives. It traces the role of NGOs and their funders in agenda setting, specifically in bringing the previously excluded issue of caste discrimination into development policy discourse in the form of a Dalit‐rights approach in Tamil Nadu, south India. The authors explore the institutional processes of policy making and NGO networking involved, the alliances, entanglements of NGOs and social movements, and the performativity of NGO Dalit rights. But at the same time, the article illustrates how NGO institutional systems have constrained or failed to sustain such identity‐based claims to entitlement. In Nancy Fraser's terms, the article explores success and failure in addressing ‘first‐order’ issues of justice, that is rights to resources (in this case, land), and in tackling ‘second‐order’ injustices concerning the framing of who counts (who can make a claim as a rights holder) and how (by what procedures are claims and contests staged and resolved). This draws attention to the important but fragile achievements of NGOs’ discursive framings that give Dalits the ‘right to have rights’.     

Organic Union or Aggressive Altruism: Imperial Internationalism in East Africa in the 1920s

This article assesses the influence of international questions on the Conservative and Labour parties’ imperial policy in East Africa in the 1920s. Conservatives encouraged a policy of ‘organic union’, which meant the consolidation of settler control in Kenya, Uganda and Tanganyika by either formal or informal means. They preferred to ignore or minimise the influence of the League of Nations mandates provisions in Tanganyika, arguing that colonial questions, which in their view included mandatory affairs, were a domestic jurisdiction. The Labour Party was more sympathetic to ideas of liberal internationalism, and pursued a policy of ‘aggressive altruism’ in East Africa when in office, especially in the late 1920s. The article compares the two parties’ respective positions with reference to closer political union, settler relations, labour and land policy, and Indian rights, and by detailing the personal relationship between the conservative governor of Kenya, Sir Edward Grigg, and Labour's colonial secretary, Lord Passfield.     

Hungry for Justice: Social Mobilization on the Right to Food in India

This article explores the potential and limits of contemporary economic rights‐based social activism by analysing an ongoing ‘Right to Food Campaign’ in India. While social movement theory often positions radical and reform strategies as alternatives, the RTF campaign has adopted a hybrid strategy: it has made a radical legal demand that the right to food be recognized as intrinsic to the right to life, while seeking implementation of this right through reform of existing government feeding programmes. The campaign's dual strategy reflects two distinct logics of human rights: a logic of non‐derogable rights that are immediately actionable (such as the right to life) and a logic of progressive implementation of rights that can only be realized fully over time (such as economic rights). This article draws on original data to demonstrate that the campaign's radical legal demands framed around the non‐derogable right to life have come closer to fulfilment than its reformist demands around progressive implementation. The RTF campaign's relative success in galvanizing legal action on hunger is tempered by ongoing challenges in sustaining grassroots‐level mobilization and influencing public policy implementation.     

Feminist Activism and the Politics of Reform: When and Why Do States Respond to Demands for Gender Equality Policies?

Under what conditions is gender equality policy advocacy successful? This article examines a segment of the largely quantitative comparative political science literature that seeks to answer this question. Recent scholarship emphasizes such factors as the strength of women's movements and the forms of opposition to which their policy demands give rise. However, one consequence of this approach is that the role of strategic choices made by feminist policy advocates is underestimated in explaining their successes. The article argues that understanding variation in the outcomes achieved by women's rights advocates requires close attention to the strategic capacity of policy entrepreneurs, assessed in terms of three inter‐related activities: (1) ‘framing’ policy demands; (2) forming and managing civic alliances; and (3) engaging with state entities without compromising organizational autonomy.     

Urban Land Restitution and the Struggle for Social Citizenship in South Africa

Reintegrating the city is a priority of social justice and development in many urban centres of the ‘South’ that bear the legacy of forced displacement. In South Africa, much of the land restitution programme has thus far focused on urban areas. In certain large cluster claims involving the transfer and development of significant tracts of well‐placed land, restitution has presented the prospect of altering landed property regimes in the heart of the city. The predominantly rural and economic emphasis in scholarship and policy debate on land reform in South Africa — which reflects historical trends in development studies — has led to a narrowed vision of what is at stake in urban land restitution. Complex interventions aimed at redressing urban spatial segregation can potentially alter the relationship between citizens, institutions and urban space in ways that expand the possibilities for social and political agency in sites that are strategically important for influencing the direction of change more broadly. A key, as yet unrealized, challenge is how to articulate such struggles for a ‘right to the city’ with efforts at redressing the spatialization of poverty on the urban periphery.     

Land Tenures as Policy Instruments: Transitions on Cape York Peninsula

Over the last four decades, Australia's most remote marginal lands have provided an expansive space towards realisation of emergent national goals, involving recognition of Aboriginal land rights together with protection of ‘wilderness’ and semi‐natural ecosystems. This has been achieved by the revival of land tenures as instruments for the delivery of public policy, requiring innovative federal and state legislation, often driven by judicial determinations. More so than any other bioregion, Cape York Peninsula has experienced radical shifts in landownership, land titles, and property rights, reflecting its pivotal role as an arena in which emerging national goals are contested. The most immediately visible evidence of these changes is depicted in the tenure maps for 1970, 1990, and 2010. However, these maps provide an incomplete account of tenure changes, including new titles such as non‐transferable communal freehold and common‐law recognition of traditional native title, requiring belated responses by state and federal governments. The three benchmark maps provide a starting point for an examination of the currently resurrected role of land titles and land rights as policy instruments. The time‐specific attributes of each tenure category are discussed and linked to the policies underpinning each tenure and to the communities, political constituencies, resources, enterprises, and national values engaged with each tenure. Land titles and land rights are pivotal in political contests about regional futures, with the peninsula acting as a crucible in shaping wider national directions.     

Ruling by Record: The Meaning of Rights,Rules and Registration in an Andean Comunidad

This contribution looks at land property relations in a peasant community in the central highlands of Peru. Rather than using a rights‐based approach, the authors propose a ‘practice force field approach’ for their analysis of property relations under communal land tenure regimes. Their study combines qualitative ethnographic case studies with quantitative analysis of data on land distribution. In contrast to rights‐based approaches, this perspective understands the legal discourses that people draw upon to explain property relations as ‘justifying rule talk’ rather than the reflection of a system of property rights. It is shown how property relations are shaped in mediated interactive processes, where official rules, moral principles, shared histories and strategic games come together. The authors use this practice force field approach to study Usibamba, an Andean community that has developed a true disciplinary regime of communal governance based on control over land. The role of ‘rule talk’ and the function of elaborate local systems of land registration are examined in the context of the annual reallocation of communal land. Particular attention is paid to the performance of the president of the comunidad during this delicate process and his reflections on the course of events.     

Anthropology and the covert: Methodological notes on researching military and intelligence programmes (Respond to this article at http://www.therai.org.uk/at/debate)

This article reflects upon the methodological challenges posed by the study of secretive organizations and programmes. In particular, it examines the question: when participant‐observation is not a feasible option, what techniques can anthropologists use to shed light upon covert military and intelligence agencies and the corporations that they contract? After reviewing anthropological research on secret societies from the late 18th and early 19th century, the author turns to contemporary anthropological work on bureaucratic institutions and initiatives that operate in secret. The author's own research into the US Army's Human Terrain System serves as an illustration. By adapting Laura Nader's suggestions for ‘studying up, down, and sideways’, the article suggests that documentary analysis (of both openly accessible and classified documents), interviews, and ‘self‐analysis’ provide a fruitful combination of methods for an anthropology of the covert.     

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.     

The Purposes of Land Settlement in the Anglo-Egyptian Sudan, 1898–1914: Drawing Paths through the Weeds

This article examines the programme of land surveying and registration that was undertaken by the British-led administration of the Anglo-Egyptian Sudan in the period 1898–1914. The Legal Secretary, Edgar Bonham Carter, stated that programme was the most important project of his division in this period. Scholars have shown that the programme, known as land ‘settlement’, was used to build alliances with elites and to clarify title for European investors in the new irrigation scheme at Gezira. This article argues that, as such, the ambitions of land settlement were relatively limited. In many other colonies, and in Britain itself, politicians and administrators across the political spectrum saw the reform of private property in land as the key for addressing structural problems in agricultural labour. One might have thought that, the Sudan, land settlement might have provided a means of addressing the dependence on slave labour in agriculture. The article demonstrates that, except for a small number of administrators (including Bonham Carter), this was not the case. The general indifference to slavery itself carried through to an indifference to the transformative potential of land law. The article examines the proposals of this minority of administrators, and contrasts their views with the majority’s focus on land settlement as demonstration and opportunity to enhance state power.     

Reforming Land and Water Rights in South Africa

Redress of historical injustice in access to land provided a mobilizing force for the overthrow of the apartheid government in South Africa. Inequality of access to water resources marks South Africa's history even more profoundly than inequality of access to land. Yet in South Africa, post‐apartheid legislative reform relating to land and water has followed largely separate, if parallel, paths. This article traces the development and current status of water reforms in the Inkomati Water Management Area, where water use is dominated by established commercial agriculture and forestry, by important environmental interests, including the Kruger National Park, and by demands for improved access to water from a black population of around 1.5 million living in former Bantustan areas. It indicates that in practice water and land reform are interdependent, but, although both have become more closely linked within local political and economic arenas, they remain largely disconnected and disabled by unresolved tensions within their separate policy processes. The article argues that the commoditized nature of land and water use within the established patterns of commercial agriculture sets constraints on what redistributive land and water reform can deliver to those historically dispossessed. In particular, increasing recourse to ‘strategic partnerships’ between African community landowners and commercial agribusiness as a means of maintaining the productivity of commercial farmland poses questions about the control and beneficial use of new forms of communal property.     

‘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.     

‘Once and For All’: The Fourth UN World Conference on Women and the Institutionalisation of Women's Human Rights in American Foreign Policy

Though the slogan predates the Fourth UN World Conference on Women, ‘women's rights are human rights’ has become inextricably linked to US First Lady Hillary Rodham Clinton's keynote address at the 1995 Conference in Beijing. The speech turned a line socialised by transnational feminist organisers into a State Department mantra with long-lasting policy ripples still felt today. This article uses new sources from the Office of the First Lady to examine the intra-departmental dynamics, policy architecture and domestic political considerations that shaped the content of the speech and the Clinton Administration's conception of women's rights as human rights. Early documents show that a focus on human rights was not inevitable, as other policy areas were better developed with more public support. But fear of rollback from previous international standards, external pressures from civil society, a desire to link foreign policy with domestic political aims and ultimately a strong backlash to American participation at the Conference on the basis of China's human rights record all elevated women's human rights as a US delegation priority.     

The death of the right‐to‐die campaigners (Respond to this article at http://www.therai.org.uk/at/debate)

The ‘right‐to‐die’ or assisted suicide debate in the UK has recently been dominated by high‐profile litigation which has brought to public attention stories of individual suffering. The most recent case is that of Tony Nicklinson who, as a result of his permanent and total paralysis which he said made his life ‘intolerable’, wanted the courts to allow a doctor to end his life. Only six days after a Judicial Review refused his request, Tony died of ‘natural’ causes. This article compares the presentation by the media of Tony's requested death with his actual death and discusses what this reveals more generally about the way in which the right‐to‐die debate is presented to the public. It argues that in a politicised debate in which the personal stories of the disabled‐dying are given airtime because of their didactic or symbolic potential, actual death becomes less important than the rights‐rhetoric surrounding death.