Orphans’ Land Rights in Post‐War Rwanda: The Problem of Guardianship

In 1994, the Rwandan civil war and genocide produced thousands of orphans. Alongside the war, the growing HIV/AIDS crisis in Rwanda has produced a current population of about 300,000 orphans — many of whom are compelled to head households. These orphans urgently require land use rights, but many find that their rights to their deceased parents’ customary land holdings are denied or restricted by their guardians and others. Despite the legal protections for children that are guaranteed within Rwanda's laws, the reality is that many guardians do not respect orphans’ land rights and few orphans have sufficient access to administrative and legal forums to assert and defend these rights. In contrast to most accounts in the literature that discuss more generally the issue of African orphans’ land rights in the context of adults’ land rights, this article focuses on specific cases in which Rwandan orphans independently pursued their land rights. Ultimately, the article concludes that in Rwanda — and elsewhere in Africa — government officials should re‐examine their ideas about guardianship and grant orphans urgent attention as individuals and as a special interest group.     

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.     

The archaeological and linguistic reconstruction of African history : and (Eds), (Berkeley and London: University of California Press, 1983. Pp. xi + 299. $22.50)

Land disposal by southern African administrations to European settlers between 1860 and 1960 was pursued on a more extensive scale than in the previous two centuries. This reflected the increased ability of local governments to seize land occupied by the indigenes. African land rights received scant attention as most of the sub-continent was taken by conquest, thereby offering governments the opportunity to settle Europeans upon the land. By 1860 the local European settler communities had achieved control over their own land policies, which were framed under political pressure from the rapidly growing rural European population. Land settlement policies were, however, severely constrained by existing practices, which emphasized extensive pastoral farming to the detriment of the development of crop farming and plantation agriculture.     

Official land disposal policies and European settlement in southern Africa 1860–1960

Land disposal by southern African administrations to European settlers between 1860 and 1960 was pursued on a more extensive scale than in the previous two centuries. This reflected the increased ability of local governments to seize land occupied by the indigenes. African land rights received scant attention as most of the sub-continent was taken by conquest, thereby offering governments the opportunity to settle Europeans upon the land. By 1860 the local European settler communities had achieved control over their own land policies, which were framed under political pressure from the rapidly growing rural European population. Land settlement policies were, however, severely constrained by existing practices, which emphasized extensive pastoral farming to the detriment of the development of crop farming and plantation agriculture.     

Intertextual relations: The geopolitics of land rights in Thailand

This paper explores the geopolitics surrounding the “modernization” of the formal property rights regime in land in Thailand (formerly Siam) from the mid 1850s to the late 1930s. The paper argues that this weak, peripheral state, in pursuit of international recognition of territorial and jurisdictional sovereignty, employed a strategy of “counter-spatialization” in order to mitigate or deny claims for control over natural resources and population groups by imperial powers. The intertextual dimensions of this “spatial” mode of resistance are elucidated through a close reading of the ways in which diplomatic negotiations of a series of unequal treaties, beginning with the Anglo-Siamese treaty of 1855, shaped—and were shaped by—the formulation and implementation of regulations governing formal property rights in land in Siam. The political economy of land rights at the large scale (local implementation of land titling) and the medium scale (enactment of national land laws) was nested within a process of geopolitical contestation over land rights at the small scale (international recognition of Siamese territorial sovereignty).     

Legal Geographies of Intellectual Property, ‘Traditional’ Knowledge and Biodiversity: Experiencing Conventions,Laws, Customary Law,and Karma in Thailand

This article explores the existence of customary laws relating to ‘traditional’ knowledge of plants in Thailand through micro‐ethnographic case studies. This is juxtaposed against global and national frameworks of intellectual property laws that have a privatising effect on knowledge under the rubric of discovery or ‘invention’, as well as liability rights approaches of compensation and benefit‐sharing for research access. By understanding scale and legal jurisdiction as socially and politically constructed phenomena, we explore how laws at different scales and in different jurisdictions may override each other, discriminate against foreign laws and practices, and ignore customary laws. In doing so, the paper presents complex legal geographies of plants and associated knowledge, which suggest that the customary laws and norms of Indigenous groups and traditional healers are often ignored by ‘outsiders’. The paper notes that the possibility of ‘injury’ to traditional healers remains considerable without appropriate consent and given the discriminations surrounding knowledge made by patent laws. However, the ethnographies also point to the possibility of local remedies to these injuries through ritual processes, and we note resistant co‐constitutions of law and scale through the Nagoya Protocol.     

Gender,Traditional Authority,and the Politics of Rural Reform in South Africa

The new South African Constitution, together with later policies and legislation, affirm a commitment to gender rights that is incompatible with the formal recognition afforded to unelected traditional authorities. This contradiction is particularly evident in the case of land reform in many rural areas, where women’s right of access to land is denied through the practice of customary law. This article illustrates the ways in which these constitutional contradictions play out with particular intensity in the ‘former homelands’ through the example of a conflict over land use in Buffelspruit, Mpumalanga province. There, a number of women who had been granted informal access to communal land for the purposes of subsistence cultivation had their rights revoked by the traditional authority. Despite desperate protests, they continue to be marginalized in terms of access to land, while their male counterparts appropriate communal land for commercial farming and cattle grazing. Drawing on this protest, we argue that current South African practice in relation to the pressing issue of gender equity in land reform represents a politics of accommodation and evasion that tends to reinforce gender biases in rural development, and in so doing, undermines the prospects for genuinely radical transformation of the instituted geographies and institutionalized practices bequeathed by the apartheid regime.     

Unpacking Land Grabs: Subjects,Performances and the State in Ghana's ‘Small‐scale’ Gold Mining Sector

During the 2008 global financial crisis, gold‐backed reserves became a ‘safe haven’ for capital investment, causing gold prices to hit historic highs. Globally, small‐scale gold mining activities proliferated as prices climbed. Along the banks of Ghana's Offin River, abandoned, waterlogged mining pits now stretch for kilometres where agricultural and other land uses recently existed. While small‐scale mining is a right reserved for Ghanaian citizens, many mining sites are foreign‐operated and almost all go unremediated. There is thus a stark tension between Ghanaian minerals laws and environmental regulations and the ongoing transformation of rural landscapes. Based on 112 interviews and long‐term observation in Ghana since 2010, this article untangles the relationships and practices mediating ‘illegal’ foreign mining operations. Shifting subjectivities, performances and practices bring land grabbing into being as state actors weave together legal and extra‐legal domains to facilitate, and profit from, foreign mining. Other officials experience fear and frustration in the face of powerful mining interests, demonstrating the complex workings and conflicts between government actors and agencies. Detailing co‐productions between ‘legal’ and ‘illegal’ domains in official licensing procedures complicates understandings of the state and its role in foreign land grabbing, breaking down the ontological binaries — rational/irrational, official/unofficial — used to uphold an image of state legitimacy and cohesion. Finally, given the spatial extent of small‐scale mining deals and ensuing social and environmental transformations, the authors urge land‐grab scholars not to dismiss the importance of small‐scale deals alongside larger transactions.     

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.     

The peasantariat and politics: migration,wage labor,and agriculture in Botswana

This article examines Botswana's wage labor migration in terms of 2 reigning theories: 1) as a dichotomy between traditional and modern society, with workers viewing agriculture as an alternative to more desirable wage employment; or 2) as a subordination of colonial society to capitalist society, with workers drawn from the resulting underdeveloped and impoverished areas and divorced from their agricultural potential. Approximately 90% of Botswanan households have a wage worker; less than 1/4 of households rely on the agricultural economy alone. 80% of the population works in agriculture in some way, but agriculture contributes only 35% of total rural income. Over 50% of households are below the poverty level, and most must rely on a variety of income sources for subsistence. 68% of rural households (Botswana is 84% rural) have absent wage earners while 45% have 1 or more wage earners present. Absent wage earners work mainly in unskilled and semi-skilled jobs in Botswanan towns (44%) and villages (22%), and lands and cattlepost locations (5%) in South African mines (19%), and other jobs in South Africa (8%). Individuals with low socioeconomic status tend to migrate to South Africa; those with higher status move to Botswanan towns. Working for wages has become customary for most Botswanans. This article undermines conventional development theories by showing the close interweaving of the modern and traditional societies, and arguing that traditional retention of communal land rights and cattle ownership served the capitalistic system by becoming the basis for wage earning; previous income source (agriculture) did not disappear, but their use was altered. South African mining returns to the Botswanan government since 1965 largely benefited a growing petty-bourgeois class and marginally improved the life styles of the peasant labor class. Botswana's development depends on the relationship between the peripherial laboring class and the dominating petty-bourgeois and its internal structure.     

The Multifunctional Transition in Australia's Tropical Savannas: the Emergence of Consumption,Protection and Indigenous Values

As elsewhere in affluent, western nations, the direction, complexity and pace of rural change in Australia can be conceptualised as a multifunctional transition in which a variable mix of consumption and protection values has emerged, contesting the former dominance of production values, and leading to greater complexity and heterogeneity in rural occupance at all scales. This transition has been explored in accessible, high-amenity landscapes driven by enhanced consumption values. Less attention has been directed to remote, marginal lands where a flimsy mode of productivist occupance can, in part, be displaced by alternative modes with the transitions being facilitated by low transfer costs. Such is the case in Australia's northern tropical savannas where an extensive mode of pastoral occupance is selectively displaced by alternative consumption, protection and Indigenous values. This transition towards multifunctional occupance is most readily documented by mapping changes in land tenure and ownership over the last three decades. Tenure changes have been accompanied by new regimes of property rights and land ownership, including: native titles derived from common law; non-transferable, common-property Aboriginal freehold tenures; transfers of pastoral leases to Indigenous and conservation interests; expansion of conservation lands under public tenures; and revisions of the rights and duties of pastoral lessees. Future occupance scenarios remain unclear, given the sensitivity of this frontier zone to national and global driving forces.     

Sharing the colonial burden: Treaty‐making and reconciliation in Hul’qumi’num territory

This article explores different understandings of reconciliation within the context of modern treaty making in British Columbia, focusing on the role of the BC treaty process in resolving the longstanding dispute between Aboriginal Peoples and the Crown over rights to land. Although the treaty process was created to reconcile competing interests in the land, Crown and Aboriginal negotiators often have contradictory understandings of how this reconciliation is to take place. Drawing on a case study of the Hul’qumi’num Peoples, a group of Coast Salish First Nations, I examine how different understandings and approaches to reconciliation impede progress at the treaty table. I conclude that progress towards treaty and reconciliation in this case will require coming to terms with the Hul’qumi’num territory's colonial history and geography, something that the current treaty process actively avoids, plus the crafting of a treaty agreement that allows for a more equal sharing of the burden that colonialism has created in this place. More particularly, meaningful reconciliation will require a fuller recognition of Aboriginal title and rights across the breadth of the territory and a commitment to meaningful compensation of Hul’qumi’num Peoples for the wrongful taking of their lands.     

Diversity and change in Australia's rangelands: a post–productivist transition with a difference?

Australia's rangelands are experiencing a post–productivist transition at a tempo comparable to Western Europe's, but in contexts that ensure marked divergence in impulses, actors, processes and outcomes. In Australia's most marginal lands, a flimsy mode of pastoral occupance is being displaced by renewed indigenous occupance, conservation and tourism, with significant changes in land ownership, property rights, investment sources and power relations, but also with structural problems arising from fugitive income streams. The sharp delineation between structurally coherent commodity–oriented regions and emerging amenity–oriented regions can provisionally be mapped at a national scale. A comparison of Australia with Western Europe indicates that three distinct but interconnected driving forces are propelling the rural transition, namely: agricultural overcapacity; the emergence of amenity–oriented uses; and changing societal values.     

‘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.     

Reciprocal Repossession: Property as Land in Urban Australia

Repossession of land by Indigenous people is commonly understood as a legal act that unfolds within the confines of state apparatuses. But for many Indigenous urbanites, legal repossession is both impossible and irrelevant due to their histories of dispossession and dislocation. Moreover, while land repossession in Australia is predominantly non‐urban, I demonstrate that land is also reclaimed within cities. Urban repossession of land, considered here as reciprocal rather than legal, challenges the model of private ownership by asserting a territorially transferable relationship to property as land. The order of property entrenches Indigenous people's dispossession by demanding immobility as precondition to ownership and rendering Indigenous urbanites all “too mobile”. Against this framing and the liquidation of their lands as capital, Indigenous people practice reciprocal forms of repossession that challenge both liberal and traditional meanings of ownership. This helps retrieve urban Indigenous subjectivities while compelling partial relinquishment of non‐Indigenous properties.     

Recategorizing ‘Public’ and ‘Private’ Property in Ghana

In the course of political struggle in northern Ghana, the classification of land and resources has shifted between the two ‘master categories’ of public and private. Despite the fact that master categories may be wholly inadequate in accounting for the actual complexity of property objects, social units and rights, they are not divorced from the agency of people who have something at stake. Laws, rules and by‐laws are referred to as important markers and fashion the local political struggles over the rights to and control over resources. This article offers a general account of conflicts and the recategorization of resources in the property system of small‐scale irrigation. It examines the logics and positioning of the different stakeholders, and discusses how different levels of public policy have provided opportunities for such changes. A case study presents the opportunity to examine the details of a particular controversy demonstrating the social and political powers involved in the recategorization of property.     

Exclusion and Counter‐exclusion: The Struggle over Shrimp Farming in a Coastal Village in Bangladesh

This article explores the processes whereby control over land and water is exercised in the context of commercial shrimp cultivation in coastal Bangladesh. The authors draw on the insight that the exercise of control over resources implies both inclusion for some and exclusion for others, and that shifting the boundary between the two involves the deployment of four interacting ‘powers of exclusion’ — regulation, the market, force and legitimation — the effectiveness of which depends on specific historical conjunctures. The article uses a case study of a village in Khulna District to explore: (a) the processes by which poor farmers were excluded from their land by large shrimp farmers; (b) the ways in which villagers experienced the changes in land use and social relations associated with the shrimp boom; and (c) the conjunction of internal and external factors that enabled smallholders to collectively mobilize to reverse their exclusion from the land. Understanding these messy and contingent processes of exclusion and counter‐exclusion helps to inform strategies aimed at securing the property rights and livelihoods of the rural poor.     

State Spaces of Resistance: Industrial Tree Plantations and the Struggle for Land in Laos

Land grabbing has transformed rural environments across the global South, generating resistance or political reactions “from below”. In authoritarian countries like Laos, where resource investments are coercively developed and insulated from political dissent, resistance appears absent at first glance. Yet, it is occurring under the radar, largely outside transnational activist networks. In this article, we examine how resistance can protect access to rural lands in contexts where it is heavily repressed. Resistance here occurs with, rather than against the state by foregrounding the contradictions of land use and ownership within state spaces, such as competing goals of large‐scale industrial plantations versus smallholder agriculture and national forest conservation. Such contradictions are engaged by using historical, place‐based political connections to exploit the scalar frictions of a fragmented state and occupying plantation clearance sites to highlight contested lands in situ. Nonetheless, such strategies remain spatially and socially uneven amongst the Lao peasantry.     

(RE)MAPPING INDIGENOUS ‘RACE’/PLACE IN POSTCOLONIAL PENINSULAR MALAYSIA1

ABSTRACT. This paper focuses on how indigeneity has been constructed, deployed and ruptured in postcolonial Malay(si)a. Prior to the independence of Malaya in 1957, British colonial administrators designated certain groups of inhabitants as being ‘indigenous’ to the land through European imaginings of ‘race’. The majority, politically dominant Malays were deemed the definitive peoples of this geographical territory, and the terrain was naturalized as ‘the Malay Peninsula’. Under the postcolonial government, British conceptions of the peninsula were retained; the Malays were given political power and recognition of their ‘special (indigenous) position’ in ways that Orang Asli minorities—also considered indigenous ‐ were not. This uneven recognition is evident in current postcolonial political, economic, administrative and legal arrangements for Malays and Orang Asli. In recent years, Orang Asli advocates have been articulating their struggles over land rights by drawing upon transnational discourses concerning indigenous peoples. Recent judicial decisions concerning native title for the Orang Asli potentially disrupt ethno‐nationalist assertions of the peninsula as belonging to the ‘native’ Malays. These contemporary contests in postcolonial identity formations unsettle hegemonic geopolitical ‘race’/place narratives of Peninsular Malaysia.     

Planning Innovations in Land Management and Governance in Fragmented Rural Areas: Two Examples from Galicia (Spain)

Land fragmentation can be an important drawback for the development of rural areas. Due to the small size of the units, land management and planning are difficult from both the private and the public point of view. In some regions of Europe, land fragmentation can lead to the collapse of land-based activities such as agriculture and forestry. This process triggers land abandonment, which causes social, economic and environmental problems. Traditional interventions such as land consolidation have not worked because of the scale of land fragmentation, which leads to huge transaction costs. New planning instruments and governance structures for land management that balance the relations between property rights, management and labour force can be developed, in order to avoid the problems of land fragmentation. In this paper, we present two innovative examples of land management and governance structures for dealing with land fragmentation in rural areas of Galicia northwestern Spain. They were able to combine the use of individual and common property rights to make land use more sustainable, instead of trying to change land ownership. The new governance structures helped to increase efficiency and sustainability of the land use by, for example, increasing labour productivity, clarifying property rights and diminishing land abandonment.