Overview of Main Challenges with Regards
to Land Tenure in Africa: Factual
and Legal Aspects
Mabel Munyuki-Hungwe and Mandivamba Rukuni
1 Introduction
Smallholder farmers make up the majority of farmers in Africa, yet they face many
challenges including low productivity, low competitiveness, inadequate investment
in technology and on-farm infrastructure as well as environmental degradation and
vulnerability to climatic changes. The concerns with respect to customary tenure
systems includes the fact that this land is largely unregistered, and that the administration of land under the traditional systems appears to work against effort to
improve productivity.
These observations and associated concerns culminate in the fear that tenure
security is compromised under customary law and its traditional system of administration As a broad context, it is important to recognise that African governments are
shifting emphasis from trying to replace “customary” with “modern” tenure systems—an agenda based on the assumption that customary land rights systems have
no scope for securing land rights and environmental management. Governments,
however, are increasingly recognising that land policies and laws must build on local
practice. Cotulla sums up this experience by observing that customary tenure
systems are increasingly evolving in response to demographic growth, urbanisation,
livelihood diversification, and cultural change.
1 Moreover, while early attempts at
land titling in Africa were often unsuccessful, factors such as new legislation,
low-cost methods, and increasing demand for land have generated renewed interest.
2
M. Munyuki-Hungwe · M. Rukuni (*)
Barefoot Education for Africa Trust (BEAT), Marlborough, Harare, Zimbabwe
e-mail: ndaka@beatafrica.org
1 Cotula (2007).
2 Deininger et al. (2011).
© Springer Nature Switzerland AG 2020
H. Yahyah et al. (eds.), Legal Instruments for Sustainable Soil Management in
Africa, International Yearbook of Soil Law and Policy,
https://doi.org/10.1007/978-3-030-36004-7_7
121
to Land Tenure in Africa: Factual
and Legal Aspects
Mabel Munyuki-Hungwe and Mandivamba Rukuni
1 Introduction
Smallholder farmers make up the majority of farmers in Africa, yet they face many
challenges including low productivity, low competitiveness, inadequate investment
in technology and on-farm infrastructure as well as environmental degradation and
vulnerability to climatic changes. The concerns with respect to customary tenure
systems includes the fact that this land is largely unregistered, and that the administration of land under the traditional systems appears to work against effort to
improve productivity.
These observations and associated concerns culminate in the fear that tenure
security is compromised under customary law and its traditional system of administration As a broad context, it is important to recognise that African governments are
shifting emphasis from trying to replace “customary” with “modern” tenure systems—an agenda based on the assumption that customary land rights systems have
no scope for securing land rights and environmental management. Governments,
however, are increasingly recognising that land policies and laws must build on local
practice. Cotulla sums up this experience by observing that customary tenure
systems are increasingly evolving in response to demographic growth, urbanisation,
livelihood diversification, and cultural change.
1 Moreover, while early attempts at
land titling in Africa were often unsuccessful, factors such as new legislation,
low-cost methods, and increasing demand for land have generated renewed interest.
2
M. Munyuki-Hungwe · M. Rukuni (*)
Barefoot Education for Africa Trust (BEAT), Marlborough, Harare, Zimbabwe
e-mail: ndaka@beatafrica.org
1 Cotula (2007).
2 Deininger et al. (2011).
© Springer Nature Switzerland AG 2020
H. Yahyah et al. (eds.), Legal Instruments for Sustainable Soil Management in
Africa, International Yearbook of Soil Law and Policy,
https://doi.org/10.1007/978-3-030-36004-7_7
121