The Politics of Service Delivery Reform

This article identifies the leaders, the supporters and the resisters of public service reform. It adopts a principal–agent framework, comparing reality with an ‘ideal’ situation in which citizens are the principals over political policy‐makers as their agents, and policy‐makers are the principals over public service officials as their agents. Reform in most developing countries is complicated by an additional set of external actors — international financial institutions and donors. In practice, international agencies and core government officials usually act as the ‘principals’ in the determination of reforms. The analysis identifies the interests involved in reform, indicating how the balance between them is affected by institutional and sectoral factors. Organizational reforms, particularly in the social sectors, present greater difficulties than first generation economic policy reforms.     

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.     

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.     

RE‐INVENTING TRADITIONAL LAND TENURE IN THE ERA OF LAND COMMODITIZATION: SOME CONSEQUENCES IN PERIURBAN NORTHERN GHANA

In northern Ghana periurban areas are encroaching on rural areas and agricultural land ends up being sold for residential purposes mainly by chiefs and “earth” priests. The changing customary land tenure systems have generated a state of uncertainty and tension as the title and responsibilities of titleholders are subject to the interpretation by those who administer custom. Increasing commodification is taking place that benefits an emerging political‐traditional and economic elite. The centralized systems restrict the benefits of the commoditization process mainly to chiefs and their collaborators, whiles acephalous systems allow more space for objections and struggles by those whose land is expropriated. Neoliberal development policies have shaped the commodification of land and entrenched existing socio‐economic inequalities that marginalize the poor who are unable to seize the opportunities of the emerging urban economy.     

Law and Disorder: Local Implementation of Mongolia's Land Law

With the dismantling of herding collectives in Mongolia in 1992, formal regulatory institutions for allocating pasture vanished, and weakened customary institutions were unable effectively to fill the void. Increasing poverty and wealth differentiation in the herding sector, a wave of urban–rural migration, and the lack of formal or strong informal regulation led to a downward spiral of unsustainable grazing practices. In 1994, Mongolia's parliament passed the Land Law, which authorized land possession contracts (leases) over pastoral resources such as campsites and pastures. Implementation of leasing provisions began in 1998. This article examines the implications of the Law's implementation at the local level, based on interviews with herders and officials in all levels of government, and a resurvey of herding households. Amongst many findings, the research shows that poorer herders were largely overlooked in the allocation of campsite leases; that the poor had become more mobile and the wealthy more sedentary; that there had been a sharp decline in trespassing following lease implementation, but that many herders and officials expected pasture leasing to lead to increased conflict over pastures. The Land Law provides broad regulatory latitude and flexibility to local authorities, but the Law's lack of clarity and poor understanding of its provisions by herders and local officials limit its utility. The existing legal framework and local attitudes stand in clear opposition to the implied goal of land registration and titling — an all‐embracing land market and the supremacy of private property rights.     

Mapping Common Futures: Customary Communities,NGOs and the State in Indonesia's Reform Era

The post‐Suharto ‘Reform Era’ has witnessed explosive revitalization movements among Indonesia's indigenous minorities or ‘customary’(adat) communities attempting to redress the disempowerment they suffered under the former regime. This study considers the current resurgence of customary claims to land and resources in Bali, where the state‐sponsored investment boom of the 1990s had severe social and environmental impacts. It focuses on recent experiments with participatory community mapping, aimed at reframing the relationship between state and local institutions in planning and decision‐making processes. Closely tied to the mapping and planning strategy have been efforts to strengthen local institutions and to confront the problems of land alienation and community control of resources. The diversity of responses to this new intervention reflects both the vitality and limitations of local adat communities, as well as the contributions and constraints of non‐governmental organizations that increasingly mediate their relationships to state and global arenas. This ethnographic study explores participants’ experiences of the community mapping programme and suggests its potential for developing ‘critical localism’ through long‐term, process‐oriented engagements between communities, governments, NGOs, and academic researchers.     

Welcome to Country … Not.

ABSTRACT It seems that every public function I attend includes a ‘welcome to country’ speech presented by a representative of a local Aboriginal group claiming traditional ownership of the land where the gathering is conducted. Indeed, while it was already becoming customary for white officials to acknowledge traditional Aboriginal ownership prior to introducing any kind of its own business in recent years, it seems to have become de rigueur since the 42nd Federal Parliament was opened with a ‘Welcome to Country’ speech from a Ngunnawal representative in February, 2008. As this paper demonstrates, welcome to country might be understood by whites as a ‘safe’ kind of inclusive gesture of recognition all the time knowing that such claims are not legally enforceable. But, as the two ethnographic examples I present in this article demonstrate, Indigenous agency, once acknowledged in performance, cannot be fully directed by the nation state to serve its own ends.     

Degradation Discourse and Green Governmentality in the Xilinguole Grasslands of Inner Mongolia

This article examines discourses about grassland degradation in China as expressed by herders, government officials and researchers, presenting findings from fieldwork in Xilinguole League, Inner Mongolia. Recognizing degradation discourse and grassland restoration policies as key sites of political contestation, this study does not try to arrive at the scientific facts about degradation, but rather seeks to illuminate the mechanisms by which grasslands are identified as degraded, and the implementation of policies to restore and protect the grasslands. A key finding is that policy outcomes are widely divergent and difficult to predict. This is not merely due to differences among actors in terms of their interests, access to resources, power, values or knowledge, but as much a result of contradictions and tensions inherent in key policy goals, opening up spaces for local resistance as well as selective policy implementation. This highlights the open‐ended and contested nature of China's environmental state project.     

Community-based Fisheries Management,Tradition and the Challenges of Development in Marovo,Solomon Islands

This study examines traditional fisheries-related resource management through a case in which local communities, from a basis of customary, ‘common property’ control over the sea and its resources, handle a multitude of development issues. Presenting first some important issues relating to people's role in fisheries management and to the ‘common property’ debate, the article then describes a traditional system for management of land and sea resources in a Pacific Islands society; that of Marovo Lagoon, Solomon Islands. Emphasis is given to fisheries resources, with a view to explaining in practical terms how a system of customary marine tenure operates under the wider social, political, economic and ecological circumstances of change arising from development pressures. Against this background, assessments are made of the viability of this traditional fisheries management system under present conditions of state control and of both external and internal pressures for large-scale resource development enterprises.     

The Micropolitics of Dispossession and Resistance: Case Study of a Proposed Dam in Central India

This article presents a study of the micropolitics of dispossession for a proposed medium‐sized irrigation project in an Adivasi region of Central India. The article explores the complex micropolitics of dispossession and collective action in the project planning stage, long before the formal processes of land acquisition actually begin. It highlights the importance of training the researchers’ gaze on the functioning of the local state in the pre‐acquisition phase. It shows how the local state uses various powers of exclusion to fracture emerging cross‐class, multi‐caste alliances, while maintaining formal compliance with a range of social safeguard policies aimed at protecting vulnerable groups and fragile landscapes. The ‘everyday’ decisions of local state actors during the project planning stage produce site‐specific, differentiated and shifting matrices of risks and opportunities for the local people, who are already divided along class and caste lines. This, in turn, is likely to inform their political responses at the actual moment of enclosure. Thus the durability and success of anti‐dispossession collective action is likely to vary depending on the dynamic interactions of local state and non‐state actors, mediated by regional electoral politics and the overall safeguard policy regime governing land acquisition.     

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.     

Unravelling Church Land: Transformations in the Relations between Church,State and Community in Uganda

Christian churches control substantial areas of land in Africa. While intensifying struggles over their holdings are partly due to the increased pressure on land in general, they also reflect transformations in the relations through which churches’ claims to land are legitimized, the increased association of churches with business, and churches’ unique positioning as both institutions and communities. This article presents the trajectory of relations between church, state and community in Uganda from the missionary acquisition of land in the colonial era to the unravelling of church landholding under Museveni. Drawing on long‐term ethnographic fieldwork, the authors argue that claims to church land in contemporary Uganda draw on: 1) notions of belonging to the land; 2) views about the nature of churches as communities; 3) discontent regarding whether customary land owners gave churches user rights or ownership; and 4) assessment of the churches’ success in ensuring that the land works for the common good. The article develops a novel approach to analysing the changing meaning of the landholdings of religious institutions, thus extending ongoing discussions about land, politics, development and religion in Africa.     

People in Between: Conversion and Conservation of Forest Lands in Thailand

The analysis of ‘ambiguous lands’ and the people who inhabit them is most revealing for understanding environmental deterioration in Thailand. ‘Ambiguous lands’ are those which are legally owned by the state, but are used and cultivated by local people. Land with an ambiguous property status attracts many different actors: villagers hungry for unoccupied arable lands in the frontiers; government departments looking for new project sites; and conservation agencies searching for new areas to be protected. This article shows, first, how two types of ambiguous land — state‐owned but privately‐cultivated land, and communal lands — were created. It then examines how the Karen, one of the hill peoples living on the ambiguous lands, have been struggling to survive between the forces of capitalistic development and forest conservation. Using a detailed study of forest use and dependency conducted in two Karen villages, I argue that the state’s efforts to reduce the Karen’s forest dependency, or even to evict them from the forests, are not leading to the stated objective of conservation. Finally, I draw some wider implications with reference to James Scott’s thesis on state simplification.     

Customary Legal Empowerment in Namibia and Ghana? Lessons about Access,Power and Participation in Non‐state Justice Systems

Since the early 2000s, legal development cooperation has displayed an increasing willingness to engage with customary justice systems. However, this engagement is frequently problematic. External actors often lack knowledge about the different versions of customary law, the negotiable nature of customary justice and the power differentials involved in defining customary law. In customary justice systems, norms are defined and negotiated in administrative structures and dispute‐settlement institutions. Inclusion in these fora is therefore of paramount importance to improve the position of vulnerable groups. To illustrate the point, this article analyses two case studies of customary justice reform, respectively focusing on gender dimensions in northern Namibia and land management in Ghana. These case studies demonstrate that when programming ignores issues of power and empowerment, it will not have the hoped‐for positive impact on vulnerable groups.     

The Failure of Popular Justice in Uganda: Local Councils and Women’s Property Rights

Advocates of alternative dispute resolution argue that informal, community‐based institutions are better placed to provide inexpensive, expedient and culturally appropriate forms of justice. In 1988, the Ugandan government extended judicial capacity to local councils (LCs) on similar grounds. Drawing on attempts by women in southwestern Uganda to use the LCs to adjudicate property disputes, this article investigates why popular justice has failed to protect the customary property rights of women. The gap between theory and practice arises out of misconceptions of community. The tendency to ascribe a morality and autonomy to local spaces obscures the ability of elites to use informal institutions for purposes of social control. In the light of women’s attempts to escape the ‘rule of persons’ and to seek out arbiters whom they associate with the ‘rule of law’, it can be argued that the utility of the state to ordinary Ugandans should be reconsidered.     

The Unfixed State of Unfixed Land

Land is unfixed. Qualitative research in India shows humans physically reconfiguring, legally redefining, politically relabelling and discursively re-imagining land in growth- and investment-led policies. The state is a key actor in the material and conceptual unfixing of land, and its re-fixing to emerging developmental imaginations. But land is not just a territorial container for the implementation of policy. Rather, it routinely stretches the boundaries of state authority. In the fieldwork on which this article is based, unfixed, multi-dimensional land emerges as contested access, social and political territory making, possession that goes beyond the legality of property, and more. As unfixed land extends beyond the boundaries and authority of the state, the state too is stretched in projects of land's unfixing and re-fixing. This state is revealed as porous, and with a criss-crossing of social relationships that draw out its institutional bounds into a world of moonlighting officials, revolving doors, and shadowy actors and transactions over unfixed land. The result of this co-productive interaction is the unfixed state of unfixed land.     

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.     

Custom and the Courts: Ensuring Women's Rights to Land,Jharkhand, India

Based on field research in Dumka district, Jharkhand, this article examines the mechanisms through which women operationalize their rights to land. It questions the polarization of legitimation systems into statutory codes and customary practices, as operating independent of each other, and demonstrates the political and temporal situatedness of ‘law’, and the processes of hybridization that allow for the actualization of a legal right, by providing it social recognition and validity. The article explores the choice of different arenas by women for making their claims, with the choice of a particular arena depending not just on access and resource availability, but also on the women's social positionality.     

Rescaling Migration Studies: Migration Policy-Making and Implementation at the Local Government Level

How ‘the state’ perceives and responds to migration is gaining increasing attention. This analysis seeks to encourage debate on scales of governance in migration studies through a focus on policy-making and implementation on the part of local government officials in Scotland. Contributions include the elucidation of how immigrants are differentiated by individual local state actors and how this relates to the wider practices of local government towards them, and a typology conceptualising the heterogeneity of local state responses to immigration. This analytic emphasis on local state perceptions of, and responses to, migration and migrants hopes to inspire more nuanced and policy relevant understandings of ‘the state’ in migration research.