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.     

Agricultural Adaptation to Real Regulation on the Urban Fringe: The Chicken Meat Industry's Response to Land‐use Conflict in the Western Port Region of Victoria,Australia

Research theorising the rural‐urban fringe has not focussed in detail on the regulatory system managing land‐use conflict, including disputes arising between agricultural enterprises and residential property owners. To explore local forms of regulation the need to identify relevant actors, their interrelationships and the way that they compete to influence decision‐makers is widely recognised in the literature. Moran et al.'s (1996) conceptualisation of ‘real regulation’, with its emphasis on lobbying by social actors and the (re)formulation of legislation, is identified as a theoretical perspective that can help to explain local forms of regulation. The understanding of patterns of regulation on the urban fringe requires a more detailed conceptualisation of non‐legislative forms of policy, and a greater appreciation of the different strategies adopted by farmers to influence government. This paper investigates how urban fringe agricultural industries have attempted to influence decision‐making within the development approval process. Evidence is presented from the Western Port region in the urban fringe of Melbourne, Victoria, where refusal for the construction of broiler sheds by the Administrative Appeals Tribunal has resulted in the chicken meat industry adopting a more scientific siting strategy. It is concluded that, whilst this provides an example of agricultural adaptation and reinforces the importance of adopting a temporal dimension to investigate the land development process, the possibility that government will assess environmental harm differently in the future leaves urban fringe broiler farming in a precarious position.     

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.     

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.     

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.     

Family Property and the Limits of Intervention: The Article 27 Reforms and the PROCEDE Programme in Mexico

In the 1990s the Mexican peasants witnessed the introduction of a new Agrarian Law and the implementation of the land regularization programme, PROCEDE. In this article it is demonstrated that the privatization of previously communally held ejido land did not lead to the promised dynamic land market, nor to an increase in agricultural productivity. On the basis of an in–depth study of land tenure practices in the ejido La Canoa in Western Mexico, it is shown that the changes of 1992 did not address the main problems of peasant agriculture. The new Agrarian Law legalized practices which, although illegal, had already become quite common in ejidos throughout Mexico. In addition, it is argued that legal security does not necessarily reside in official registration by the state, but can also be based on local recognition of land rights. The main argument of the article is that property consists of complex sets of claims, rights and obligations that cannot be manipulated by forms of state intervention that reduce land tenure predicaments to technical problems.     

Land in Kwara'ae and development in Solomon Islands

This paper documents land tenure and the effects of economic development in Kwara'ae on the island of Malaita. It uses local histories to confirm the essential flexibility of a system of cognatic inheritance, based on social and economic values which contradict the more exclusive unilineal emphasis preferred and promoted by government land and development policy in Solomon Islands. In considering the resulting problem of land disputes, the paper questions the value of reforms which undermine the tradition of communal control of natural resources.     

Land Reform in the Time of Neoliberalism: A Many‐Splendored Thing

Abstract: Over the past 20 years, land reform – defined here as the redistribution of land from large to small properties – has emerged as an important political issue in the Global South. Actors with widely differing ideological perspectives have claimed land reform as central to their political, social and economic platforms. In this paper, I compare reforms championed under the neoliberal auspices of the World Bank (the so‐called Market Led Agrarian Reforms) with those supported by popular grassroots actors such as the Movement of Landless Workers (the MST) in Brazil. I argue that although these two approaches to land reform are often considered antithetical to one another, they share a common theoretical foundation. Both are rooted in a labor theory of property that attributes the fruits of one's labor to the laborer. Where the two differ is in their interpretation of the “original sin” through which land and labor came to be misaligned: neoliberal actors see the state as the key source of land‐related inefficiency while popular grassroots actors identify the market as the key source. I analyze case material from northeastern Brazil and suggest that the institutionalization of the labor theory of property (across civil society, state and market in the region) has generated insecurities for new land reform beneficiaries who must protect their property rights with visible evidence of their productivity.     

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.     

Aquatic Identities,Fluid Economies: Water Affinities and Authenticating Narratives of Belonging in East Timorese Myth and Ritual

ABSTRACT Customary land tenure claims provide a useful analogy for customary access and usage rights to critical water resources. In an increasingly water‐constrained future, such rights are at risk of political and economic contestation and local communities may find themselves abruptly divested of critical water resources just when they need them most. The new nation of East Timor is not abundantly endowed with water and inland sources are particularly vulnerable to the impacts of reduced rainfall and groundwater contamination. Recently McWilliam (2003) has suggested that in future disputes over Timorese sea tenures, the recognition of customary access or exclusive property rights to specific water resources will depend upon clearly articulated evidence of longstanding cultural associations and interactions with the aquatic landscape. The ethnographic literature provides substantiating accounts of the centrality of water in the local cosmologies of various East Timorese ethnic groups. This paper extends McWilliam's marine argument to inland water resources by reviewing the salient ethnographic evidence for Bunaq, Mumbai and Eastern Tetum populations to show that water is a key organising metaphor in the expression of Timorese kingroup affiliation, social identity and power relations. Local ritual practices further affirm customary rights of access and water use. There is an urgent need for such customary rights to water to be recognized in the current redistribution and demarcation of internal boundaries in East Timor, as well as in future struggles against vested economic and political interests.     

The Land that Disappeared: Forceful Occupation,Disputes and the Negotiation of Landlord Power in a Bangladeshi Bastee

Through the lens of the ‘disappearance’ of a piece of land, this article analyses land relations in a Bangladeshi bastee (slum). The author builds an understanding of the local negotiation of ownership in an area where dakhal (forceful occupation) is the main starting point for the assessment of ownership. The property regime in the bastee emerges out of a web of relationships between different landlords, strongmen, elected officials and (local and national) politicians. These relations are not only crucial for maintaining existing dakhal patterns, but also for guaranteeing land sales, negotiating and settling disputes and, in the final instance, for negotiating power relations in the bastee itself.     

Squatting Social Centres in a Sicilian City: Liberated Spaces and Urban Protest Actors

The Social Centres in Italy are simultaneously “liberated spaces”, empty and unused large buildings squatted by groups of radical left/antagonist activists to self‐manage social and countercultural activities, and “political contentious places”. They are indeed urban but not only local protest actors, denouncing the scarcity of spaces of sociability outside of commercial circuits, campaigning against market‐oriented urban renewal, property speculation, and on other anti‐capitalistic issues addressed outside the occupied spaces. The long history of Social Centres in Catania, the second largest city of Sicily, is reconstructed and explained through the choices and actions made by the squatters/activists, depending on their political‐ideological orientation, on the one hand; and by the opportunities and constraints of the specific political and socio‐spatial structure, which they had to face, on the other. The Social Centres, CPO Experia, CSOA Guernica, CSA Auro, and more recently CSO Liotru, are the main analysed empirical cases.     

Development and Discourse among the Maya of Southern Belize

This article explores the discourse of development in southern Belize, and the appropriateness of post‐development ideas to understand its effects. It investigates a prevailing notion in development texts from the region that population pressure represents an environmental threat, an odd image for a country with so few inhabitants and so many trees. It also examines the consequences of apparent attempts by the government to employ development projects to defuse local contention over plans to privatize Maya land tenure. While post‐developmentalists have opened up fruitful avenues of analysis this study suggests that some of their conclusions are overstated. In particular, it questions the de‐politicizing effect of development discourse, and the notion of grassroots movements searching for alternatives to development, amounting to a ‘rejection of the entire paradigm’.     

Beyond Depoliticization? Caste,NGOs and Dalit Land Rights in Maharashtra,India

In India, Dalit mobilization for land rights and the cultivation of gaairan (grazing lands) in the last decade has attracted the attention of international civil society actors who participate in such mobilization through local non‐governmental organizations (NGOs). This article contextualizes the debate on the growth and role of NGOs by presenting the politics of formation and working of a funding‐driven network of NGOs on Dalit rights and livelihoods in India. It cautions against exaggerating the role of international civil society actors in local democratization processes, and also argues that the feared depoliticizing of public interests as a result of INGO involvement is misplaced in the case of Dalit politics.     

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

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

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.     

Indigenous migrants negotiating belonging: Peticiones de cambio de fuero in Cajamarca,Peru, 17th–18th centuries

Prehispanic corporate social units in northern Peru, the pachacas or ayllus and the guarangas, continued to structure social life in Cajamarca throughout the Spanish colonial period. They were restructured by Spanish rule, as they had been by the Inca conquest before. Spanish rule also reshaped indigenous migration and the social categorization of the migrants, which was closely intertwined with the regime of land tenure. This article takes a look at the integration of new and old migrants and their descendants into the local social structure and examines how they negotiated their belonging in petitions to change or defend their fuero. The petitioners successfully argued on the basis of their ancestry, whether legitimate or not, and activated personal networks on their behalf. In that, they paralleled mestizo and mulatto petitioners who, like migrants, benefited from fiscal prerogatives, which were however challenged during the course of the 18^th century, leading to a partial re-categorization. The redistribution of land was an important motive in these late colonial re-categorizations, but also earlier in the colonial period the absence of bonds to the land was an essential characteristic of being categorized as a ‘migrant.’     

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.