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.     

Borrowing of Land,Security of Tenure and Sustainable Land Use in Burkina Faso

Lack of formal security of land tenure is often cited as a constraint for participatory land management programmes which try to motivate African farmers to grow trees and to realize other improvements in their fields in order to control soil erosion. According to this approach, the borrowing of land would represent an insecure form of land tenure hindering sustainable land use. However, on the basis of a case study in Burkina Faso, this article demonstrates that this is not necessarily so: borrowing arrangements may play a part in avoiding local overload of the carrying capacity and in an efficient distribution of village lands among the farming units. Furthermore, borrowing does not hinder some major intensification techniques of land use which are currently being applied in Burkina Faso. Legal interventions which aim to increase security of tenure and to create favourable conditions for sustainable land use may in fact have the opposite effect.     

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.     

‘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.     

The Kilosa Killings: Political Ecology of a Farmer–Herder Conflict in Tanzania

Farmer–herder conflicts in Africa are often presented as being driven by ‘environmental scarcity’. Political ecologists, however, argue that these conflicts should be analysed within a broader historical and policy context. This article presents a case study of a local conflict in the Kilosa District in Tanzania that tragically culminated in the killing of thirty‐eight farmers on 8 December 2000. To understand the conflict, the authors argue that it is necessary to study the history of villagization and land use in the District, as well as national land tenure and pastoral policies. Attempts at agricultural modernization have fostered an anti‐pastoral environment in Tanzania. The government aim is to confine livestock keeping to ‘pastoral villages’, but these villages lack sufficient pastures and water supplies, leading herders to search for such resources elsewhere. Pastoral access to wetlands is decreasing due to expansion of cultivated areas and the promotion of agriculture. The main tool that pastoralists still possess to counteract this trend is their ability to bribe officials. But corruption further undermines people's trust in authorities and in the willingness of these authorities to prevent conflicts. This leads actors to try to solve problems through other means, notably violence.     

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.     

Remote Sensing,Land Quotas and Mass Relocation: China's Governance of Farmland

There is increasing interest in understanding China's environmental governance through the lens of governmentality. This article contributes to that discussion by using the Foucauldian analytical apparatuses of discipline and security to understand China's governance of farmland. It argues that the Chinese state applies these two apparatuses simultaneously: on the one hand, it disciplines and deters local states from illegal land grabs by utilizing surveillance tools such as remote sensing and national land surveys; on the other hand, it relies on indirect governance through the land quota market to achieve grain security, transforming both local states and peasants into autonomous market players, and reconstructing China's rural landscape by launching mass peasant relocation programmes. The study also reveals the contingent effects of those power tactics: the state's governance is compromised by the local states’ counter‐conduct, such as data fabrication and concealment, and by the peasants’ denial of their new subjectivity as market players. When the tactics are effective, as in the case of local states actively assuming roles of land quota producers and traders, the villages and peasant households suffer from deprivation of land rights.     

陕西省农村土地流转迟缓的供求影响因素与机制探析

农村土地流转长期受到决策者的鼓励,但我国农村土地使用权流转率一直偏低,西部地区尤其如此。本文试图以陕西省为例,通过问卷调查和访谈,分析农地社会保障功能等因素影响农地使用权流转率的作用机制;并从供给和需求两个方面,分析了经济落后地区农村土地使用权流转率偏低的原因。研究结果表明,农地流转受到现行的以提供社会保障为基本目的的农地制度的约束,任何旨在提高农地流转率的改革措施,都必须考虑现行农地制度的社会保障功能和地区差异,实行因地制宜的农地流转制度。     

Debt‐Bonded Brick Kiln Workers and Their Intent to Return: Towards a Labour Geography of Smallholder Farming Persistence in Cambodia

Despite the increasing preponderance of non‐farm work in Cambodia, labour migrants across a range of working conditions remain linked to their rural homesteads through durable financial and social arrangements. This article explores this phenomenon through the case of debt‐bonded brick kiln workers in Phnom Penh, formerly smallholder farmers in villages. Drawing on the field of labour geography, the article first examines the process by which labourers became debt‐bonded, thus situating them within the country’s broader agrarian transition and recasting peasants as rural labour. It then explores workers’ perceptions of rural life, suggesting that the unfreedom of kiln work, contrasted with the fixedness and potential for mobility in rural life, makes workers aspire to return to their land. The article ultimately highlights how the persistence of smallholder farmers can be understood as an issue of poor work under neoliberalism in Cambodia, and draws light on the agency of labour in understanding this.     

Social Capital and Community Strategies: Neighbourhood Development in Guatemala City

This article uses a social capital framework to analyse the strategies employed by two low–income communities in Guatemala City to improve their physical and social environment. The case studies provide examples of poor communities, without access to any form of insurance or welfare benefits, struggling to achieve neighbourhood development. They also demonstrate the way in which strategies can be defined by the issue of land tenure. Key strategies for development were found to be mobilization through community organization, informal links (including clientelistic relations) with powerful groups, and protest. The author concludes that social capital (within communities and between stakeholders) and some degree of security (land tenure) are critical ingredients for communities to develop effective strategies for neighbourhood development with other stakeholders.     

Communal Tenure and Rural Poverty: Land Transactions in Svosve Communal Area,Zimbabwe

The idea of communal tenure has formed a key plank in the rural governance of Zimbabwe since independence, but its retention following the Fast Track land reforms of 2000–2002 perpetuates a distinction between ‘commercial’ land governed by a land market and ‘communal’ land on which market transactions are illegal. This article draws on recent research in Svosve Communal Area to examine the dynamics of land access and their implications for rural poverty in Zimbabwe. The authors argue that, as in many other parts of Africa, access to land governed by customary authority in Svosve is increasingly commoditized via informal, or ‘vernacular’, sales or rental markets. In failing to acknowledge and address this commoditization of land, the ‘communitarian’ discourse of customary land rights that dominates the politics of land in Zimbabwe — as elsewhere in much of Africa — undermines, rather than protects, the livelihoods of the rural poor.     

A Long Time Gone: Post‐conflict Rural Property Restitution under Customary Law

Mass displacement of people due to violence poses a unique set of challenges for property restitution when people return to their homes after a long absence. This is particularly evident in rural areas where the dominant form of land holding is customary tenure. Violence‐induced displacement, unlike voluntary migration, challenges both customary and public legal‐administrative structures. The lack of written documentation of customary holdings and the importance of the support of community leaders means that incorporating returnees back into a community can be easier for those who choose to return, while reclaiming property without physical return is nearly impossible. This article seeks to make three contributions: 1) to note the diversity of return processes after long displacements in terms of timing and demographics; 2) to demonstrate that the nature of the claims people can make on customary tenure systems is at odds with international legal norms on property restitution after displacement; and 3) to introduce a set of observations and questions on how conflict can change customary law. The article is based on fieldwork conducted in Uganda, Liberia and Timor‐Leste, all countries with extended displacement where most of the rural land is held via customary claims.     

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.     

Land Policy and Farming Practices in Laos

The government of Laos has identified the eradication of poverty as a priority. Given the primarily agricultural character of the country, it has selected land reform as a core policy to reach this goal. The policy has two major aims: to increase land tenure security in order to encourage farmer involvement in intensive farming, and to eliminate slash‐and‐burn agriculture to protect the environment in a country still rich in forest resources. State intervention takes the form of land allocation, a process which combines the protection of some areas of village land with the formal recognition of private ownership in authorized farming areas. In a country with different types of geography, the effects of the policy are variable, but the research presented in this article demonstrates that the land laws have shortcomings which allow for differing interpretations depending on the local social relationships. Since local specificities are not taken into account, the reform is proving counterproductive for both forest protection and agricultural modernization, as well as having a negative social impact by marginalizing the poorest farmers.     

‘A good wife stays home’: gendered negotiations over state agricultural programmes,upland Vietnam

Rural and livelihood studies, alongside development organisations, are stressing the importance of gender awareness in debates over food security, food crises and land tenure. Yet, within the Socialist Republic of Vietnam, these gender dynamics are frequently disregarded. In Vietnam, rice is intimately linked to the country's food security. Over the last decade, rice export levels, production methods, and local and global market prices have remained constant preoccupations for governmental and development agencies. Steadfast official approval for agricultural technologies and intensification has seen the domestic growth and importation of hybrid varieties of rice and maize seeds. Yet, the impacts of these technologies on upland ethnic minority rice producers and consumers in Vietnam have been overlooked. For these women and men, such as Hmong and Yao farmers, food security is a daily concern for their near-subsistence livelihoods. While strongly encouraged to grow these new seeds, insufficient research has examined the social realities and experiences of these upland minority groups. Moreover, how such agrarian policies and practices are being implicated in reconfiguring gender roles, relations and identities through transformations to individual and household livelihoods has been ignored. In this article, we focus on the gendered consequences of the government's hybrid rice programme for upland farmers. We reveal recent impacts on family relations, including rising intergenerational tensions across genders, and shifting responsibilities and new negotiations between young spouses. These dynamics are further complicated by household economic status, as household members access specific opportunities available to them to improve everyday food security.     

Payments for Ecosystem Services in Nicaragua: Do Market‐based Approaches Work?

The concept of Payments for Ecosystem Services (PES) is gaining increasing attention among scholars as well as conservation and development practitioners. The premises of this innovative conservation approach are appealing: private land users, usually poorly motivated to protect nature on their land, will do so if they receive payments from environmental service buyers which cover part of the land users’ opportunity costs of developing the land. However, this article warns against an over‐enthusiastic adoption of a one‐sided market‐based PES approach. Based on a field study of the Regional Integrated Silvopastoral Approaches to Ecosystem Management Project (RISEMP), one of the main PES pilot projects in Nicaragua, it suggests that a mixture of economic and non‐economic factors motivated farmers to adopt the envisaged silvopastoral practices and that the actual role of PES is mistakenly understood as a simple matter of financial incentives. The authors argue that PES approaches should be understood as a part of a broader process of local institutional transformation rather than as a market‐based alternative for allegedly ineffective government and/or community governance.     

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 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.     

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.     

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.