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.     

Land Tenure and Food Security: Exploring Dynamic Linkages

Land tenure and food security have each been the subject of extensive—but generally separate—research in the past. Links between the two issues are now receiving increased attention, yet critical links between them remain unexplored. After a brief review of the two concepts, this article combines both issues within a dynamic framework that recognizes not just the conventional link between access to land and access to food in the short run, but also the recursive link between access to food and the ability to maintain sufficient resources to meet long-run needs. Such a framework makes explicit the trade-offs that poor households may face in bad years between consumption and investment in non-labour assets. Perhaps less intuitively, it also suggests that the need for self-insurance may force poor households to choose less efficient crops or production strategies than wealthier households even in good years. The article concludes with a discussion of the implications of these results for equity, efficiency, research, and policy.     

Politics and the Cultural Landscape: The Case of Aboriginal Land Rights

In this paper Aboriginal land rights are analysed from the perspective of a disadvantaged group seeking access to a scarce resource controlled by external agents. The Aboriginal participants in land rights politics are found to be actively seeking ways in which their interest in the land can most effectively be communicated to external groups which have constructed well-formed, but often distorted images of what constitutes a genuine Aboriginal interest in the land These externally constructed notions of Aboriginality and what constitutes a valid land claim are influencing the concepts used by Aboriginal groups in the public political arena to demonstrate their unique interest in the land In this paper three examples of this process are explored- the emphasis of a specific gender model, the emphasis on spatially discrete sacred sites and the emphasis on the bounded tribal territory.     

Land Tenure Insecurity and Inequality in Nicaragua

This article uses empirical data from a case study in rural Nicaragua to demonstrate the need for a conceptualization of tenure security as seen from the perspective of the landholder. A large group of farmers in the case study area perceive their tenure situation as being insecure despite the fact that they possess a legal title to their land. The article argues that more attention must be paid to aspects such as inequalities of wealth and power, lack of enforcement and lack of impartiality on the part of the formal institutions when addressing tenure security in an institutionally unstable setting, such as that found in Nicaragua. The article contributes to the ongoing discussion by arguing that future research on how to increase rural land tenure security should explore the concept of tenure security as experienced by farmers.     

'Taming the Lagoon': Aquaculture Development and the Future of Customary Marine Tenure in Kiribati, Central Pacific

ABSTRACT The atolls and low‐lying limestone islands of Kiribati (Micronesia) illustrate the challenges of economic development based on natural resources exploitation. For that reason, the widely scattered island nation has relied heavily on foreign aid and remittances sent by merchant seamen. However, it is becoming apparent that excessive reliance on external support can no longer be considered secure in the medium to longer term, notably with cutbacks in aid assistance and advances in marine technology. In attempts at achieving ‘self‐reliance’, successive governments have always perceived marine resources development, particularly living resources, as a means of attaining greater economic independence. Recently, efforts have been underway to promote inshore and aquaculture development by smallholders. Seaweed farming, and especially black pearl production, are new commercial ventures. Giant clam mariculture remains an option. While it is too early to measure the success of some of these projects, their establishment may have important implications for reviving marine tenure by encouraging smallholders to reassert their traditional rights to inshore resources. Customary marine tenure (CMT) has declined significantly as a result of colonial intrusion. Today, the impact of population growth, urbanization, more efficient extractive technologies and expanding market opportunities calls for more effective village‐based control of threatened resources. Close monitoring of aquaculture projects will be required to minimize potential conflicts over traditional marine ownership.     

古代斯巴达的土地占有稳定性研究

古代斯巴达的土地占有在较长时间内保持了比较平均和公正的格局。究其原因在于,古代斯巴达土地制度中包括了稳定性因素和不稳定性因素。稳定性因素包括限制土地买卖和馈赠,控制家庭规模和继承人数量的婚姻生育制度等,不稳定性因素主要有土地一经授出不再收回、土地的可继承性和继承时的析产继承等。在早期,稳定性因素较好地发挥了特殊的历史作用。但是,稳定性因素本身存在诸多的缺陷,并不能保证土地占有的长期稳定,随着历史环境的变化,自公元前4世纪,斯巴达土地开始迅速向少数人手中集中。     

‘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.     

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 Tenure, Archaeology, and the Ancestral Pueblo Social Landscape

Archaeology relies upon evidence of past human modification of the natural landscape in order to infer past human social dynamics on the site, local, and regional levels. Given the inferential linkages between past landscape use and social relationships, archaeology can benefit from an approach that more explicitly delineates relationships between systems of land use and land tenure, the social means through which people define and assert land use rights. This research outlines a set of methods for modeling prehistoric land tenure systems and developing a middle range theory of land tenure relationships that may assist archaeologists in their investigations of prehistoric resource access systems. Land tenure systems are complex risk-buffering strategies that are conditioned by the labor invested in food production, the size of groups holding direct access to productive lands and resources, and the temporal duration of land access rights. The role of these variables is supported by cross-cultural data from a worldwide sample of food-producing societies. The land tenure model is applied to data from the prehistoric Southwest to help explain local and regional changes in food production, settlement size, and community organization in southwest Colorado between 900 and 1300 A.D.     

Robustness of Social‐Ecological Systems: Implications for Public Policy

We conceptualize social‐ecological systems (SESs) as complex adaptive systems where public policy affects and is affected by the biophysical system in which it is embedded. The study of robustness of SESs combines insights from various disciplines including economics, political science, ecology, and engineering. In this paper we present an approach that can be used to explore the implications for public policy when viewed as a component of a complex adaptive system. Our approach leverages the Institutional Analysis and Development framework to provide a platform for interdisciplinary research that focuses on system‐wide outcomes of the policy process beyond just policy change. The main message is that building robustness can create new vulnerabilities. Fail‐free policies cannot be developed, and instead of a focus on the “right” policy, we need to think about policy processes that stimulate experimentation, adaptation, and learning.     

Dynamic and Flexible Aspects of Land and Marine Tenure at West Nggela: Implications for Marine Resource Management

At West Nggela, access to high value marine invertebrate stocks is controlled by consanguineal corporate groups holding primary rights (which include rights of exclusion) over reefs bearing these stocks. Disputes over primary rights appear to result in a breakdown in management practices, resulting in overfishing and severe depletion of stocks. An understanding of the common causes of disputes is therefore of considerable importance to marine resource management, and development, in this region. This paper outlines first the essential, or ‘ideal’, processes of descent reckoning and property transfer that underpin the Customary Marine Tenure (CMT) system at West Nggela as they are presented to ‘outsiders’ such as government officials and anthropologists. It then deals with some of the many exceptions to this norm, and the ways these variations can contribute to disputes over primary rights to property. The pressures of economic development, and the resultant commodification of resources and property, in our view catalyse the conflict between the ideal, simplified model and the complexity of actual praxis in respect to property rights. Recent dramatic increases in the perceived value of many properties as a result of proposed lucrative developments may underlie present day conflicts which in the past would not have arisen. Examples are drawn from interview data as well as case studies of two formal property disputes which were heard in local courts at West Nggela in 1995.     

Urban Aboriginal health: Examining inequalities between Aboriginal and non‐Aboriginal populations in Canada

Cet article a pour but de contribuer à la littérature en émergence portant sur la santé des Autochtones en milieu urbain, en comparant l’état de santé et les déterminants de la santé de la population autochtone et non‐autochtone en milieu urbain au Canada. L’étude s’appuie sur des données tirées de l’Enquête auprès des peuples autochtones (EPA) de 2001 et de l’Enquête sur la santé dans les communautés canadiennes (ESCC), cycle 1.1. Préconisant une approche axée sur la santé de la population, nous explorons les différences de l’état de santé et des déterminants de la santé entre les populations autochtones et non‐autochtones en milieu urbain. Trois variables sont utilisées pour décrire l’état de santé : l’auto‐évaluation de l’état de santé, les maladies chroniques et la limitation d’activités. Si l’existence de disparités en matière de santé entre la population autochtone et non‐autochtone en milieu urbain est démontrée, celles‐ci ne sont pas aussi importantes que les disparités qui caractérisent la population non‐autochtone et autochtone vivant dans une réserve. Les déterminants sociaux de la santé sont comparables pour les deux populations, mais les résultats illustrent à quel point des facteurs culturels peuvent également intervenir en faveur ou au détriment de la santé parmi la population autochtone en milieu urbain. Cette étude exploratoire fait ressortir la nécessité de tenir compte des facteurs culturels propres aux déterminants de la santé dans les recherches ultérieures afin d’identifier des pistes d’explication des disparités en matière de santé entre les individus autochtones et non‐autochtones en milieu urbain.     

Walking the Land: Aboriginal Trails,Cultural Landscapes,and Archaeological Studies for Impact Assessment

Aboriginal people have occupied northern Alberta since the end of the last ice age. For most of that time they travelled across the land by foot, producing complex networks of trails, many of which may have great antiquity. Aboriginal people also modified the landscape extensively by the use of controlled burning. Lastly, they are immersed in and “read” the land as places with multiple cultural meanings, which in turn helped shape their cultures and identities. Together, these elements indicate the existence of a series of overlapping cultural landscapes for which the cross-country trails and waterways provide the grid. This article addresses the importance of traditional trails for identifying the cultural landscapes of northeastern Alberta and points to the rapid disappearance today of knowledge about such trails. It considers how archaeological investigations done in Alberta for Impact Assessment purposes fail to consider either trails or cultural landscapes in their surveys or to consult with Aboriginal people. As a result, government Review Panels making recommendations for whether or not an industrial project should be approved are basing their findings on incomplete information about Aboriginal land uses and meanings.     

Land and Sea Tenure at Erub,Torres Strait: Property,Sovereignty and the Adjudication of Cultural Continuity

Approaching property as social practice, and native title as a confluence of indigenous, ethnographic, and legal discourses, we address two themes: firstly, the ethnocentrism of the state's division of ‘property’ from ‘jurisdiction,’; applied to deny indigenous societies' practice of the latter; and secondly, the contradictions inherent in judicial evaluation of continuity and discontinuity in indigenous law and custom. We explore the relationship of ‘home place’ to tenure at Erub, where island, reef and ocean comprise a cultural and experiential continuum. Rights across a full spectrum of material/symbolic resources involve a dynamic tension between principles of exclusion and incorporative reciprocity. The issue of how to balance more particular against more collective rights is at play with each nesting of more local into more inclusive socio-territorial identities: from households and lineages, through island communities, sub-regional island groups, and Torres Strait regionally, to the encapsulating state and evolving international orders. At Erub, an island community long regarded as a vanguard of creolization for Torres Strait, newcomers have by-and-large been assimilated to indigenous systems of land- and sea-holding and authority. The connection between people and territory is a complex practice of social identities and interests responding to political opportunity, according to cultural forms that manifest substantial and traceable continuities to indigenous arrangements, as innovation has proceeded. The continuities appear sufficient to satisfy criteria for native title recognition as articulated in the Mabo decision, but the criteria themselves are too narrowly based to accommodate the processual dynamics of evolving culture and tradition. A reordering of territorial jurisdiction, predicated on the principle of Islander consent to development activities in their homelands/seas, would provide more authentic conditions for cultural autonomy.