Land Rights publications

Land Rights in Africa publications from various sources

  • August 2011

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  • Dessalegn Rahmato (Forum for Social Studies, Addis Ababa)

Includes the approach of this study; land and governance; large-scale land deals; open door policy and land to investors; land deals; processes and outcomes; findings from Gambella Region and Bako Woreda in Oromia Region; conclusions; partial list of large-scale land transfers in Ethiopia; notes on Ethiopia’s administration.

  • July 2011

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  • Camilla Toulmin, Prem Bindraban, Saturnino Borras Jr, Esther Mwangi, Sergio Sauer (HLPE Report 2)

Covers the scale of international investment in land; what is driving it?; existing use and trends in land, natural resources and their tenure; role and effects of large and small scale farming; mapping of instruments relevant to international investment in land; recommendations.

  • June 2011

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  • Karin Kleinbooi (MPhil thesis, PLAAS, University of the Western Cape)

Focuses on women’s perceptions of land rights in the communal areas of Namaqualand in the Northern Cape. Explores the links between patriarchal social systems and women’s conservative attitudes towards holding land and shows how current policy processes and legislation allow local customs to continue to entrench gender discriminatory practices. Findings indicate that women are disadvantaged by historical norms, values and attitudes, which afford them only secondary rights to land. Yet, informal land practices, however limited, show that in some cases women are creating opportunities to gain access to land independently. For this to become the norm rather than an exception, these practices need recognition and support.

  • June 2011

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  • Hubert Ouedraogo and Vincent Basserie (Land Tenure and Development Technical Committee)

Most francophone African states nationalised the colonial land tenure systems they inherited at Independence and then periodically adjusted them according to the situation in each country. Their citizens have yet to enjoy secure land rights, and there is still a yawning gap between the law and actual practice at both the lowest and highest levels. Argues that the challenge of securing tenure can only be met successfully by adopting clear and consensual land policies; and that the policy frameworks guiding public action on land need to be negotiated with the various stakeholders concerned and written into official land policy documents.

  • June 2011

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  • Karin Kleinbooi, Rick De Satge with Christopher Tanner

The three case studies are located against the backdrop of changing land governance, tenure policy and legislation in Botswana, Madagascar and Mozambique. They examine how power and authority over decision-making and resources or functions is distributed between central, regional and local levels of governance. They explore the roles and perspectives of other actors such as non-governmental bodies, traditional governance institutions, user associations or village committees, the private sector and other organisations of civil society. Local voices identify lessons for policy and practice and highlight advocacy actions required to secure the land rights of vulnerable people in poor communities.

  • June 2011

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  • Ruth Hall (Future Agricultures Consortium Policy Brief 41)

Whatever the prevailing terminology and ideologies, there is now ample evidence that large swathes of African farmland are being allocated to investors, usually on long-term leases, at a rate not seen for decades – indeed, not since the colonial period. The fact that much of this land is being acquired to provide for the future food and fuel needs of foreign nations has, not surprisingly, led to allegations that a neo-colonial push by more wealthy and powerful nations is underway to annex the continent’s key natural resources.

  • May 2011

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  • Ben Cousins and Ruth Hall (PLAAS Working Paper 18)

Includes communal tenure reform – a contested terrain; impacts of the legal challenge to CLARA; ‘rights’ as a medium of local struggle, advocacy, litigation, mobilisation and research agendas. Farm tenure reform – policies and progress since 1994; declining priority and shifting politics; why the slow progress on realising rights?; ‘rights’ as a medium of struggle among farm dwellers and owners and civil society strategies; agendas for litigation, research, activism and advocacy. Evaluation – potential and limits of a rights framework.

  • May 2011

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  • Ruben Villanueva

Includes the land inheritance system, the (potential) diminishing relevance of customary norms, land rights and awareness of the law, women, customary practices and participation, DUATs and land occupation, the land market. Argues that in the current context the right of women to access and administer land is being limited not by customary social rules and law but by the adverse socio-economic context which characterises the whole peasant sector.

  • May 2011

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  • The Oakland Institute (Joan Baxter)

Includes Sierra Leone: open for business, land use and land tenure in Sierra Leone, land deal in Sierra Leone: four case studies, responsible agro-investment? Found a lack of transparency and public disclosure in all aspects of the four land deals, an extremely weak regulatory framework, confusion around ‘availability’ of land, lack of environmental protection, conditions ripe for exploitation and conflict.

  • May 2011

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  • The Oakland Institute (Joan Baxter)

Includes Mali – a welcoming climate for investors, the regulatory framework – bending it to suit investors?, the Office du Niger, case studies of four investments, large land deals in Mali. Found more than 40% of land deals involve crops for agrofuels, violent and flagrant abuses of human rights in the agricultural zones of the Office du Niger, a serious lack of public disclosure and transparency from government, an alarming lack of environmental protection.

  • May 2011

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  • Robin Palmer (Mokoro Newsletter 56)

A short account of the background to a hugely energising conference on global land grabbing held at IDS, Sussex. Over 400 people wanted to write papers for the event, but there was space for only 120. Gives details of the wide scope of the conference, including green grabs.

  • May 2011

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  • The Oakland Institute (Felix Horne)

Contains country context, study of land investment, benefits and impacts. Finds wide discrepancies between public positions and laws and what is happening on the ground, an absence of environmental controls, widespread displacement from farmland without compensation, little local benefit, many land deals involve small-scale investors with limited agricultural experience.

  • April 2011

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  • Maura Andrew & Hilde Van Vlaenderen (Land Deal Politics Initiative Working Paper 1)

Examines 3 case studies of proposed biofuel developments in Mozambique and Sierra Leone in terms of social displacement. More mitigation measures could provide livelihood restitution and avoid negative food security impacts.

  • April 2011

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  • Cheryl Doss, Mai Truong, Gorrettie Nabanoga & Justine Namaalwa (Chronic Poverty Research Centre Working Paper 184)

Examines relationships between inheritance, marriage and asset ownership. Land the most important asset in rural Uganda. The majority of couples (both married and those in consensual unions) report owning land jointly. Men who report owning a parcel of land are much more likely than women to say they inherited it. Inheritance not an important means of acquisition of other assets, e.g. livestock, business assets, financial assets, consumer durables, which are acquired through purchase, for both men and women.

  • April 2011

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  • ActionAid

Looks at CAADP plans in Nigeria, Malawi, Tanzania, Ethiopia, Kenya, Ghana, Zambia. Found systematic policy neglect of women farmers. Plans pay little attention to their needs and rights. Money for implementation is woefully inadequate.

  • April 2011

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  • Julia Behrman, Ruth Meinzen-Dick & Agnes R. Quisumbing (IFPRI Policy Brief 17)

Includes situation prior to acquisition, contract negotiations, employment, environmental impacts, crop production, ancillary services, responsibilities of key actors – the international community, national governments, local governments, communities and civil society, domestic and international investors.

  • April 2011

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  • David K. Deng (Land Deal Politics Initiative Working Paper 4)

A surprising number of large-scale land acquisitions have taken place in Southern Sudan in recent years. Presents preliminary data on Central and Western Equatoria, examining company-community engagement and the extent to which communities are being involved. Presents a number of case studies illustrating the complex interplay between cultural sovereignty and post-war reconstruction. Makes recommendations.

  • April 2011

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  • Tom Lavers (Land Deal Politics Initiative Working Paper 2)

Examines political and social dynamics of foreign agricultural investment in Ethiopia. Concludes that this expansion is part of a government move towards an export-led development strategy, so the micro-benefits come at the cost of increased risks to those living in the vicinity of new investments, particularly politically marginalised pastoralist populations.

  • April 2011

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  • Kathleen Guillozet & John C. Bliss (Land Deal Politics Initiative Working Paper 3)

Foreign investment in Ethiopia’s forestry sector is currently limited, but agricultural investments that affect forests, largely through forest clearing, are commonplace. Describes the nature of forest investments and the challenges of implementing them. New tenure arrangements will have significant implications for communities on the forest-farm interface. Looks at Arsi Forest area, Oromia, to investigate potential for conflict over competing claims.

  • March 2011

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  • International Land Coalition, Research Report 8 (Phides Mazhawidza and Jeanette Manjengwa)

Includes background; conceptual framework; methodology; research findings – security of tenure, cultural practices, gender inequalities, land utilisation, constraints to production, a passion for farming, gender bias against women farmers in access to and utilization of land; lessons learnt, recommendations.

  • March 2011

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  • Gaynor G. Paradza (International Land Coalition Working Paper 11)

Includes evolution of communal areas in Zimbabwe, research context and findings, processes leading to matongo, vulnerability of women’s land access, bargaining for land in patrimonial governance systems.

  • March 2011

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  • Prosper B. Matondi and Marleen Dekker (A synthesis report for LandAc)

Includes learning from the commercial sector – freehold title deeds, pre-1980-2010; learning from Zimbabwean customary tenure systems; learning from the state resettlement programme – permit tenure, 1980-2010; fast track land reform, 2000-2010, policy implications and recommendations.

  • March 2011

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  • Mariatou Kone (Land Tenure and Development Technical Committee)

Analysis of women’s access to land in West Africa shows that they are central to agricultural development as land users, but rarely have the same access as men. They mainly have limited and temporary rights, although situations do vary. Increasing efforts are being made to remedy this through legislative texts and various bodies and NGOs, but it is particularly difficult in a context of social change and when other social categories, including men, may be in precarious land situations. How can we hope to secure women’s rights if those of men are not secure?

  • March 2011

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  • Uganda Ministry of Lands, Housing and Urban Development

Includes overall agenda of the Land Policy, the constitutional, legal, land tenure, land rights administration, land use and management, regional and international frameworks, and the framework for implementation of the Land Policy. Said to be agreed by all stakeholders and that regular consultations and dialogue will be encouraged during its implementation.

  • March 2011

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  • Judy Adoko and Jeremy Akin (LEMU) & Rachel Knight (IDLO)

Includes introduction; vulnerabilities shared among all women; different categories of women have different vulnerabilities – widows, unmarried girls, divorced women, separated women, cohabiting women, married women; proposed solutions. Argues that rather than working against custom, policymakers and activists should be creative in identifying a range of culturally-appropriate solutions within custom that can successfully strengthen, defend and protect women’s land rights.

  • March 2011

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  • Rachel S. Knight (FAO Legislative Study 105)

Argues that protecting and enforcing the land rights of rural Africans may be best done by passing laws that elevate existing customary land rights into formal legal frameworks and making them equal to documented land claims. Investigates over-arching issues on the statutory recognition of customary land rights. Land laws in Botswana, Tanzania and Mozambique are analysed extensively in content and implementation, concluding with recommendations and practical considerations on how to write a land law that recognizes and formalizes customary land rights. Cautions lawmakers that even excellent laws may, in their implementation, fall prey to political manipulation and suggests mechanisms that might ensure that the law is properly implemented and the land claims of rural communities are protected.

  • March 2011

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  • Annie Kairaba and James Daale Simons (RISD)

Includes methodology; defining the research areas (Rwaza and Kinyinya Sectors); Rwanda land issue in context; general situation of women’s land rights in Rwanda; Land Tenure Registration Process (LTRP); land disputes in relation to land reform; observations from the ground on land ownership, land registration and expropriation; conclusions and recommendations.

  • March 2011

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  • Gaynor G. Paradza (International Land Coalition, Working Paper 12)

Includes sources of differentiation among women – type of land, age, life course, marital status, termination of marriage, economic status, AIDS; policy implications.

  • March 2011

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  • FAO Voluntary Guidelines meeting, Addis Ababa

Contains review of women’s access to land, research overview of women’s land tenure status in East Africa, harnessing women’s agency to secure women’s access to land, the role of intermediary institutions in increasing women’s land tenure security.

  • March 2011

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  • Elizabeth Daley (Mokoro) (International Land Coalition Policy Brief)

Includes context and importance of the problem; ILC global case studies; critique of policy options; policy recommendations.

  • March 2011

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  • Robin Palmer (Mokoro Newsletter 52)

Current land grabbing in Africa very worrying and carries strong echoes of era of Cecil Rhodes. Land deals being done in secret, myth of much vacant land, willing consent of many African leaders. Biofuels moving from miracle cure to a problem. Some positive experiences in Tanzania. Need for imaginative thinking and action.

  • February 2011

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  • Joseph Hanlon (Mozambique political process bulletin 48)

Includes land forum to debate tough issues, land law and land rights, resuming community delimitation, Lioma, Niassa, exaggerated plans fuelled by secrecy and speculation, poor consultations mean communities lose out, biofuel expansion slower than expected, hundreds of land conflicts, resettlement badly done, the Chinese land grab myth.

  • February 2011

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  • Liz Alden Wily (for Centre for Environment and Development, Yaound- FERN and The Rainforest Foundation)

Includes what is the problem and what can be done?; the law and customary land rights; how does Forest Law treat customary land rights?; lessons from other African states; the way forward. Argues that the current de jure reality is that most rural Cameroonians are little more than squatters on their own land with regard to forests and other land assets.

  • February 2011

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  • Joseph Comby (Land Tenure and Development Technical Committee)

Land tax has long been neglected in West Africa and is regarded as a taboo subject. Yet contrary to received wisdom it is possible to introduce a basic annual land tax without a land register or a computerized system. While certain precautions need to be taken, it not only generates revenue for the locality but also discourages the unproductive retention of unused land, and in the long term helps secure the land rights of producers or residents by proving written proof of their occupancy.

  • February 2011

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  • Karin Kleinbooi (PLAAS)

Review comprises an introduction and country surveys of Angola, Botswana, Lesotho, Madagascar, Malawi, Mozambique, Namibia, South Africa, Swaziland, Zambia, Zimbabwe. Reflects on countries’ experiences up to the first part of 2010 and highlights lessons for land policy and practice.

  • February 2011

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  • Ruth Hall (ICAS Review Paper Series 2)

Includes a broader view of the global land grab; Southern Africa: under-utilised and opening up for business?; biofuels everywhere, but not enough to eat; extractive industries: mining and forestry; reversals and state capitalism in Zimbabwe; the next Great Trek? South Africans head north; where is the food?; towards a typology; reflecting on these trends: what fresh insights?; conclusions.

  • February 2011

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  • Elizabeth Daley (Mokoro) and Clara Mi-young Park (FAO) (FAO Land Tenure Working Paper 19)

Includes gender, government of tenure and the Voluntary Guidelines; key analytical issues and themes; regional summary; conclusions for the Voluntary Guidelines.

  • January 2011

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  • Michel Merlet and Kouadio Andre Yabouet (Land Tenure and Development Technical Committee)

Looks at nomadic pastoralists’ rights to resources, rights to land and resources in Winye country in Burkina Faso, and land rights in forested areas and plantation economies. These suggest that we should always think of land as both a private and communal resource, consider the nature of different individual and collective actors, and see them as possible rights holders who may be recognized or ignored.

  • January 2011

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  • Gerard Chouquer (Land Tenure and Development Technical Committee)

Includes public lands, land monopolies, examples of total and partial state monopolies on land, ideas implicit in the state monopoly on land. Aims to clarify different conceptions of state-owned land so we can better assess their implications for land policies.

  • January 2011

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  • Vincent Basserie and Patrick D’Aquino (Land Tenure and Development Technical Committee)

Most West African countries are in the process of reforming their land policies. Discussions tend to focus on the tools and mechanisms for securing and regulating land tenure. While tools are certainly a vital part of the process, it is important to understand that the same tool can serve very different interests depending on how it is conceived and used. Are we sufficiently aware of the diversity of issues that may be associated with a land policy? And what do we know about the real effects that tools have on all these different issues?

  • January 2011

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  • Erin O’Brien with the Kenya Land Alliance (International Land Coalition)

Includes government custodianship of public land, what land is targeted?, how do Kenya’s elites access land?, identifying the impacts and victims of the land-grabbing phenomenon, policy developments and current debates on Kenya’s land question.

  • January 2011

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  • Lorenzo Cotula (IIED)

Includes how much land is being acquired, and by whom?; over the heads of local people: who are the parties to the deal?; the economic disequilibrium of the contract: what resources, in exchange for what?; what safeguards for local people and the environment?; discussion. Drawing on legal analysis of 12 land deals from different parts of Africa, discusses the contractual issues for which public scrutiny is most needed, and aims to promote informed public debate about them.

  • January 2011

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  • Chris Huggins (International Land Coalition Commercial Pressures on Land Report)

Includes the globalisation of food production and consumption – structural changes within the international food regimes and contract farming and global commodity chains; contemporary land acquisition; conceptual frameworks – human rights and corporate social responsibility perspectives; case studies of Rwanda and Kenya.

  • January 2011

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  • Julia Behrman, Ruth Meinzen-Dick and Agnes Quisumbing (IFPRI Discussion Paper 01056)

Includes overview of phases of land deals and their gender implications, further evidence using recent case studies from Indonesia and Mozambique, promising initiatives and recommendations, identification of knowledge gaps.

  • January 2011

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  • Elizabeth Daley (Mokoro) (International Land Coalition Commercial Pressures on Land Report)

An analysis of the gendered impacts of commercial pressures on land, based on a review of the literature and ILC’s country case studies, including Ethiopia, Zambia, Rwanda and Benin. In the present global context of increasing pressures, women are both likely to be affected differently to men by large-scale land deals and disproportionately more likely to be negatively affected than men because they are generally vulnerable as a group.

  • January 2011

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  • Lorenzo Cotula (International Land Coalition Commercial Pressures on Land Report)

Covers world agriculture, a changing context; scale and geography of the phenomenon, key players; the nature of the land deals, process and terms; implications for local land access; conclusion and recommendations.

  • January 2011

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  • Liz Alden Wily (International Land Coalition Commercial Pressures on Land Report)

Includes understanding the commons, getting to the sources of vulnerability, recommendations – making the playing field more equal for the poor.

  • December 2010

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  • Adam Kandine (Land Tenure and Development Technical Committee)

Covers achievements and weaknesses of local land tenure management system; the local land tenure management system in the context of decentralization.

  • December 2010

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  • Cheibane Coulibaly (Land Tenure and Development Technical Committee)

I683 new ‘communes’ have been created in Mali’s audacious decentralization policy. This has made central the issue of authority, responsibility and resource transfer from the central government. What are the privileges of the so-called traditional institutions created by the local people at the village level and between villages? What kind of cooperation should exist between these institutions and the government units? Highlights the achievements and constrains of the decentralization policy and outlines some possible solutions.

  • December 2010

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  • Oussouby Toure (Land Tenure and Development Technical Committee)

Covers acknowledgement of an abusive use of the concept of vulnerability; linkages between the concept of vulnerable groups, land legislations and land tenure securing instruments.