The Politics of Land Reform in Kenya 2012

2014 ◽  
Vol 57 (1) ◽  
pp. 115-130 ◽  
Author(s):  
Ambreena Manji
Keyword(s):  
Civil Society ◽  
Land Reform ◽  
Land Policy ◽  
Law Reform ◽  
Reform Process ◽  
Land Law ◽  
Land Registration ◽  
Land Law Reform

Abstract:This article provides a critique of the final stages of Kenya’s land law reform process, which has resulted in the approval of the 2012 Land Act, Land Registration Act, and National Land Commission Act. It argues that in spite of the constitutional and political importance of the new legislation, the process was marked by haste, lack of engagement by legislators, and little participation by citizens. The new laws can be viewed as a deeply disappointing outcome of a decade’s struggle over land policy. The article explores the effects of the constitutional deadlines for new legislation; the contradictory role of civil society in relation to the new laws and the bureaucratic structures they create; and the redistributive intentions and potential of the new land legislation.

scholarly journals Land Law Reform and Complex State-Building Process in Rwanda

2021 ◽  
pp. 137-152
Author(s):  
Shinichi Takeuchi ◽  
Jean Marara
Keyword(s):  
Rural Areas ◽  
Strong Support ◽  
State Building ◽  
Law Reform ◽  
Land Law ◽  
Land Registration ◽  
Tenure Reform ◽  
The Government ◽  
The One ◽  
Land Law Reform

AbstractThis study sheds light on recent land law (land tenure) reform in Rwanda by examining its close and complex relations with state-building. By prioritising land law reform and receiving strong support from external funding agencies, the post-civil warRwanda became the first African country to complete land registration throughout its territory. Land law reform should be considered a part of the radical interventions in rural areas frequently implemented by the Rwandan Patriotic Front-led government and, therefore, has been closely connected to its aspiration to reinforce the existent political order. The government has utilised reform and external financial support for this purpose. However, despite the success of the one-time land registration, Rwanda has encountered serious difficulties in institutionalising sustainable registering systems since transactions of land have been recorded only in exceptional cases. Additionally, it suggests that the government does not have a strong incentive to collect accurate information about properties in rural areas. The widening gap between recorded information and the real situation may affect land administration, which is of tremendous importance to Rwanda and, thus, possibly undermine state control over society.

scholarly journals Shifting visions of property under competing political regimes: changing uses of Côte d'Ivoire's 1998 Land Law

2018 ◽  
Vol 56 (2) ◽  
pp. 189-216 ◽  
Author(s):  
Catherine Boone
Keyword(s):  
Cote D'ivoire ◽  
Côte D’Ivoire ◽  
Good Governance ◽  
Law Reform ◽  
Land Law ◽  
Cote D’Ivoire ◽  
Land Registration ◽  
Côte D'ivoire ◽  
Building Market ◽  
Land Law Reform

AbstractLand law reform through registration and titling is often viewed as a technocratic, good-governance step toward building market economies and depoliticising land transactions. In actual practice, however, land registration and titling programmes can be highly partisan, bitterly contentious, and carried forward by political logics that diverge strongly from the market-enhancing vision. This paper uses evidence from Côte d'Ivoire to support and develop this claim. In Côte d'Ivoire after 1990, multiple, opposing political logics drove land law reform as it was pursued by successive governments representing rival coalitions of the national electorate. Between the mid-1990s and 2016, different logics – alternatively privileging user rights, the ethnic land rights of autochthones, and finally a state-building logic – prevailed in succession as national government crafted and then sought to implement the new 1998 land law. The case underscores the extent to which deeply political questions are implicated in land registration and titling policies.

scholarly journals Legal Standing of Customary Land in Indonesia: A Comparative Study of Land Administration Systems

2017 ◽  
Vol 3 (2) ◽  
pp. 175
Author(s):  
Mustafa Bola
Keyword(s):  
Government Regulation ◽  
Land Ownership ◽  
Land Law ◽  
Role Of Government ◽  
Land Registration ◽  
Land Administration ◽  
Develop Land ◽  
Customary Land ◽  
Land Administration Systems

Prove of land ownership by customary land is generally unwritten, just a confession of the surrounding communities with nature sign boundaries. If land ownership cannot be supported by strong evidence, the land may be registered by someone else who has getting physically for 20 years or more in consecutively and qualified on Government Regulation No. 24 of 1997 concerning Land Registration. Proof of old rights derived from the customary land law is rationally difficult to prove because there are no written documents. Customary land law does not know written ownership, only physical possession continually so it is very prone to conflict or dispute. In order to develop land administration in Indonesia, the values of customary land law contained in its principles is expected to be reflected in the land administration so it can reduce land conflict in the community. The role of customary land law has a large portion of the national land law. The role of government or ruling is very important to create a conducive condition in the land sector. A land is not allowed for personal or group interests, its use must be adjusted with the condition and the characteristic of their rights so useful, both for the prosperity and helpful to community and state.

Cause and consequence in law and development

2005 ◽  
Vol 43 (1) ◽  
pp. 119-138 ◽  
Author(s):  
Ambreena Manji
Keyword(s):  
Developing Countries ◽  
Financial Institutions ◽  
Land Reform ◽  
International Financial Institutions ◽  
Land Law ◽  
The West ◽  
Law And Development ◽  
The Law

Patrick McAuslan, Bringing the Law Back In: essays in land, law and development (Aldershot: Ashgate. 2003)The title of the book sums up my overall stance: there is an important role for law in development generally and in land reform in particular and it is, in my view, wholly beneficial that after almost three decades of virtually ignoring the role of law in development … international financial institutions, aid agencies and scholars in the West are beginning to appreciate and reaffirm both its centrality to development in practice and its centrality to understanding the process of development and change in societies in developing countries. (McAuslan 2003: vii)He who is able to translate others' interests into his own language carries the day. (Latour 1983: 144)

Analysing Land Law Reform

2014 ◽  
Vol 46 (1) ◽  
pp. 167-193 ◽  
Author(s):  
Pauline E. Peters
Keyword(s):  
Law Reform ◽  
Land Law ◽  
Land Law Reform
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