3 International Experience with Communal Tenure
In recent years, African governments have shifted emphasis from trying to replace
“customary” with “modern” tenure systems, and recognising that land policies and
laws must build on local practice. Cotulla sums up this experience with reforms in
customary tenure as diverse combinations of “statutory” and “customary” entitlements, and multiple and overlapping rights over the same resource. Customary tenure
systems are increasingly evolving in response to demographic growth, urbanisation,
monetarisation of the economy, livelihood diversification, greater integration in the
global economy, and cultural change.
14 Customary tenure draws legitimacy from
“tradition” yet these have been profoundly changed by decades of colonial and postindependence government interference, and are continually adapted and reinterpreted
as a result of social, economic, political and cultural change. Local context largely
determines dynamism and degree of change. In some instances, traditional authorities
have maintained or increased their power and for others the powers have been
severely eroded.
Often the traditional authorities have to enter various strategic alliances—with
central government, local government bodies, political and business elites, and
so on.
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.
15 In his celebrated work “Securing Communal
Land Rights to Achieve Sustainable Development in Sub-Saharan Africa: Critical
Analysis and Policy Implications”, Clarke paints a picture of communities across
Sub-Saharan Africa that are increasingly having an officially recognised role managing communal land and local natural resources.
16 This positive shift allows the
resources that are vital for rural livelihoods and people’s way of life to be managed
by those that depend on them.
Most importantly, it acknowledges the clear links between land tenure and how
people relate to their environment. Studies across the developing world demonstrate
how environmental degradation worsens where tenure is unclear or not upheld.
17
Securing communal rights of access and usage is therefore crucial to the effectiveness
of any scheme which empowers communities to manage communal land, especially
with respect to sustainable management of the ‘commons’, that is—areas that comprise common pool resources, including land, water and forests.
14 Cotula (2007).
15 Deininger et al. (2011).
16 Clarke (2009).
17 See for example the findings in Clover and Eriksen (2009) for Botswana, Mozambique,
South Africa and Zimbabwe.
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M. Munyuki-Hungwe and M. Rukuni
In recent years, African governments have shifted emphasis from trying to replace
“customary” with “modern” tenure systems, and recognising that land policies and
laws must build on local practice. Cotulla sums up this experience with reforms in
customary tenure as diverse combinations of “statutory” and “customary” entitlements, and multiple and overlapping rights over the same resource. Customary tenure
systems are increasingly evolving in response to demographic growth, urbanisation,
monetarisation of the economy, livelihood diversification, greater integration in the
global economy, and cultural change.
14 Customary tenure draws legitimacy from
“tradition” yet these have been profoundly changed by decades of colonial and postindependence government interference, and are continually adapted and reinterpreted
as a result of social, economic, political and cultural change. Local context largely
determines dynamism and degree of change. In some instances, traditional authorities
have maintained or increased their power and for others the powers have been
severely eroded.
Often the traditional authorities have to enter various strategic alliances—with
central government, local government bodies, political and business elites, and
so on.
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.
15 In his celebrated work “Securing Communal
Land Rights to Achieve Sustainable Development in Sub-Saharan Africa: Critical
Analysis and Policy Implications”, Clarke paints a picture of communities across
Sub-Saharan Africa that are increasingly having an officially recognised role managing communal land and local natural resources.
16 This positive shift allows the
resources that are vital for rural livelihoods and people’s way of life to be managed
by those that depend on them.
Most importantly, it acknowledges the clear links between land tenure and how
people relate to their environment. Studies across the developing world demonstrate
how environmental degradation worsens where tenure is unclear or not upheld.
17
Securing communal rights of access and usage is therefore crucial to the effectiveness
of any scheme which empowers communities to manage communal land, especially
with respect to sustainable management of the ‘commons’, that is—areas that comprise common pool resources, including land, water and forests.
14 Cotula (2007).
15 Deininger et al. (2011).
16 Clarke (2009).
17 See for example the findings in Clover and Eriksen (2009) for Botswana, Mozambique,
South Africa and Zimbabwe.
126
M. Munyuki-Hungwe and M. Rukuni