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.     

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.     

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 Rural Labour Market in Zimbabwe

ABSTRACT Wage labour in Zimbabwe is most often associated with large commercial farms. The use of wage labour within ‘peasant’ agriculture has been rarely investigated and remains largely undocumented. In 1986/7, the author conducted research in Zimbabwe which was explicitly concerned with issues of rural economic differentiation and the wage labour supplied and hired by ‘peasant’ households. The data suggest that a dynamic labour market exists in rural Zimbabwe. Further, it was found that in addition to the many part-time rural wage workers, there is a group of people who depend upon wages for all or the bulk of their income. These people, who have been largely ignored by policymakers, cannot be defined as farmers at all.     

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.     

Unpacking the ‘Emergent Farmer’ Concept in Agrarian Reform: Evidence from Livestock Farmers in South Africa

South Africa has historically perpetuated a dual system of freehold commercial and communal subsistence farming. To bridge these extremes, agrarian reform policies have encouraged the creation of a class of ‘emergent’, commercially oriented farmers. However, these policies consider ‘emergent’ farmers as a homogeneous group of land reform beneficiaries, with limited appreciation of the class differences between them, and do little to support the rise of a ‘middle’ group of producers able to bridge that gap. This article uses a case study of livestock farmers in Eastern Cape Province to critique the ‘emergent farmer’ concept. The authors identify three broad categories of farmers within the emergent livestock sector: a large group who, despite having accessed private farms, remain effectively subsistence farmers; a smaller group of small/medium‐scale commercial producers who have communal farming origins and most closely approximate to ‘emergent’ farmers; and an elite group of large‐scale, fully commercialized farmers, whose emergence has been facilitated primarily by access to capital and a desire to invest in alternative business ventures. On this basis the authors suggest that current agrarian reform policies need considerable refocusing if they are to effectively facilitate the emergence of a ‘middle’ group of smallholder commercial farmers from communal systems.     

‘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.     

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.     

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.     

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.     

The Discourse that Silences: Beneficiaries' Ambivalence Towards Redistributive Land Reform in the Philippines

This article argues that the persistence of non-capitalist dimensions within land relations in the Philippines is basic to rural livelihood strategies, and has been a major but widely-neglected factor in the failure of land reform programmes. Addressing the issue of non-capitalist relationships brings into focus the indigenous or ‘customary’ land tenure relationships that exist in lowland land tenure arrangements, with the result that the conventional dichotomy between lowland and upland ‘cultural minority’ land relations becomes spurious. The article offers some suggestions as to why, for the major part of this century, the indigenous norms of lowlanders have been overlooked, with a discussion which links up to issues of national identity and nation building.     

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.     

Political Structure and the Limits of Recognition and Representation in Ghana

Recent studies of democratization in sub‐Saharan Africa often focus on government recognition granted to traditional authorities. This article examines northern Ghana, where chiefs of a minority group are denied formal recognition but pressure state officials to recognize their status as land custodians. This leads to contests and debates between state officials, chiefs and communities over whether the customary institutions have in fact been recognized for what they claim to be. The article uses episodes of contention to nuance conceptualizations of recognition as a specific relationship between actors and institutions, and as a question of government policy or choice. Recognition and non‐recognition are contested in a grey zone of social constructions. Non‐recognition persists as a continuation of colonial policy, state law path trajectory, and state officials’ endeavours to stay out of ‘traditional’ affairs. However, customary rights to land are validated by the new local government institution, and chiefs use newfound positions to expand their jurisdictions. Stakeholders affirm unequal social categories underpinning different understandings of recognition. The article examines contentions that hinge on interpretations of who is recognizing and not recognizing whom, and actors’ efforts to reshape and reproduce political structures.     

The State,the Rebel and the Chief: Public Authority and Land Disputes in Assam,India

Based upon an ethnographic study of two land disputes in the rural Assamese district of Karbi Anglong (India), this article challenges the idea that the entry of new institutional players, with their multiple sets of rules, inevitably leads to open institutional conflict. Although a wide range of political actors are involved in the regulation of land tenure in Karbi Anglong, they cannot be regarded as institutional structures ready to undercut one another. As in other parts of Northeast India, none of the claimants of public power involved —‘the state’, ‘the rebel’ or ‘the chief’— attain full sovereignty, which forces them to exercise authority predominantly through practices of negotiation and accommodation, and only selective contestation. If open institutional conflict does occur, as in the Dhansiri forest and the Singhason plateau cases studied here, this is due to the fact that one of the institutional players has overstretched and attempted to exercise authority beyond its realm of power. This article thus argues for a more agency‐oriented method of analysis in the study of land relations. The focus on everyday interactions between ‘the state’, ‘the rebel’ and ‘the chief’ in Karbi Anglong is a first attempt in that regard.     

Hill of Thorns: Custom,Knowledge and the Reclaiming of a Lost Land in the New South Africa

This article provides a detailed ethnographic exploration of a case of land restitution in South Africa. It shows how the development discourse invoked during the process of reclaiming land, rather than being imposed in an entirely top‐down manner, has been the result of negotiations between those claiming and those — in government and NGOs — who have helped them claim. The resulting knowledge about the ownership and appropriate governance of land reveals a complex and often contradictory understanding of concepts like ‘custom’, ‘community’ and ‘power’.     

Vulnerability,Control and Oil Palm in Sarawak: Globalization and a New Era?

In the post logging era, Sarawak is being restructured to make way for large‐scale oil palm plantations. In this restructuring, the vulnerabilities of particular areas are being used in a wider battle to control production, particularly for export. Native customary lands, considered ‘unproductive’ or ‘idle’ by officials, are the target of oil palm plantation development under a new land development programme called Konsep Baru (New Concept). This article looks at the contradictions generated by the complex process of laying claims to ‘idle’ native customary land and focuses on Dayak organizing initiatives in northern Sarawak, Malaysia.     

Agricultural Investment in Ethiopia: Undermining National Sovereignty or Tool for State Building?

The media discourse on recent agricultural investments — frequently referred to as the ‘global land grab’ — has been quick to label these deals as ‘neo‐colonial’, implying that these kinds of investments undermine national sovereignty. For the most part, the emerging academic literature on the ‘land grab’ has not critically examined this assumption. This article draws on the literature on state building and agrarian relations in Africa to construct a framework that can be used to analyse the impact of agricultural investment on state–society relations and state sovereignty. The article then uses this framework to examine the case of Ethiopia, illustrating how the Ethiopian state has directed investors to peripheral lowlands and, in doing so, has enhanced, rather than diminished, state sovereignty. As such, while the erosion of sovereignty is certainly one possible outcome of agricultural investment, it is by no means the only one, and is an assumption that should be subjected to critical analysis.     

The limits of engagement: British foreign policy and the crisis in Zimbabwe

This article examines how the British government has responded to Zimbabwe’s ongoing crisis. This case raises several wider issues for British foreign policy, most notably the question of how much leverage London can exercise on the international scene in general, and over relatively small and weak states like Zimbabwe in particular. Zimbabwe’s crisis also raises profound questions about the appropriate balance between bilateral and multilateral policies, and between engaging in public criticism and conducting so–called ‘quiet diplomacy’. While bilateralism clearly has not worked, multilateralism has revealed its own frustrations, especially given the reluctance of many African elites within a number of organizations to criticize President Mugabe’s policies. This reluctance threatens to unravel the British Labour government’s stated objectives in Africa while at the same time raising important doubts over the credibility of the New Partnership for Africa’s Development (NEPAD), and whether an ‘Africa moment’ can be discerned in the manner articulated by prime minister Tony Blair.