decisions are made. More appropriate may be establishing effective oversight measures and linking community-level groups into the broader regulatory framework.
4 Conclusion
Evidence on Africa’s experience with communal tenure reforms is that the true
‘tragedy of the commons’ is that despite their vital role in rural development, these
common resources are often trapped between dysfunctional land legislation that
vests ownership in the state and unrecognised communal tenure administered by
customary authorities.
Efforts to clarify tenure arrangements and improve security of tenure, while
grounded in a sound theoretical approach, have failed to achieve the intended
impact.
This situation has led to de facto open access regimes that allow unsustainable
resource depletion and land degradation. Given the pressures of projected population
growth, increased resource demand and a trend towards privatisation of communal
land, the commons are under increasing threat. Unclear and ineffective tenure
arrangements only exacerbate the situation. Practical solutions are therefore needed
now more than ever. If the implementation issues can be overcome, increasing
security of communal tenure can provide a basis for more sustainable management
of the commons and offers hope that the sustainable development promised under
international law can be more than just rhetorical.
References
African Community Rights Network (2011) Statement to Governments from the African Community Rights Network Douala Conference on Community Rights Cameroon, 13–16 September
2011. Available at: https://www.forestpeoples.org/en/topics/rights-land-natural-resources/publi
cation/2011/statement-governments-african-community-rights
Augustinus C (2003) Comparative analysis of land administration systems: African review with
special reference to Mozambique, Uganda, Namibia, Ghana, South Africa. Work Undertaken
for the World Bank, Funded By DFID January, 2003
Bennett TW (2004) Customary law in South Africa. Juta and Company Ltd., Landsdowne
Biitir SB, Nara BB (2016) The role of Customary Land Secretariats in promoting good local land
governance in Ghana. Land Use Policy 50:528–536. Available at: http://www.sciencedirect.
com/science/article/pii/S026483771500335X
Broomley DW (2009) Formalising property relations in the developing world: the wrong prescription for the wrong malady. Land Use Policy 26(1):20–27
Chimhowu A, Woodhouse P (2006) Customary vs private property rights? Dynamics and trajectories of vernacular land markets in sub-Saharan Africa. J Agrar Change 6:346–371
Clarke RA (2009) Securing communal land rights to achieve sustainable development in
sub-Saharan Africa: critical analysis and policy implications. Law Environ Dev J 5(2):130
Clover J, Eriksen S (2009) The effects of land tenure change on sustainability: human security and
environmental change in southern African savannas. Environ Sci Policy 12(1):53–70
130
M. Munyuki-Hungwe and M. Rukuni
4 Conclusion
Evidence on Africa’s experience with communal tenure reforms is that the true
‘tragedy of the commons’ is that despite their vital role in rural development, these
common resources are often trapped between dysfunctional land legislation that
vests ownership in the state and unrecognised communal tenure administered by
customary authorities.
Efforts to clarify tenure arrangements and improve security of tenure, while
grounded in a sound theoretical approach, have failed to achieve the intended
impact.
This situation has led to de facto open access regimes that allow unsustainable
resource depletion and land degradation. Given the pressures of projected population
growth, increased resource demand and a trend towards privatisation of communal
land, the commons are under increasing threat. Unclear and ineffective tenure
arrangements only exacerbate the situation. Practical solutions are therefore needed
now more than ever. If the implementation issues can be overcome, increasing
security of communal tenure can provide a basis for more sustainable management
of the commons and offers hope that the sustainable development promised under
international law can be more than just rhetorical.
References
African Community Rights Network (2011) Statement to Governments from the African Community Rights Network Douala Conference on Community Rights Cameroon, 13–16 September
2011. Available at: https://www.forestpeoples.org/en/topics/rights-land-natural-resources/publi
cation/2011/statement-governments-african-community-rights
Augustinus C (2003) Comparative analysis of land administration systems: African review with
special reference to Mozambique, Uganda, Namibia, Ghana, South Africa. Work Undertaken
for the World Bank, Funded By DFID January, 2003
Bennett TW (2004) Customary law in South Africa. Juta and Company Ltd., Landsdowne
Biitir SB, Nara BB (2016) The role of Customary Land Secretariats in promoting good local land
governance in Ghana. Land Use Policy 50:528–536. Available at: http://www.sciencedirect.
com/science/article/pii/S026483771500335X
Broomley DW (2009) Formalising property relations in the developing world: the wrong prescription for the wrong malady. Land Use Policy 26(1):20–27
Chimhowu A, Woodhouse P (2006) Customary vs private property rights? Dynamics and trajectories of vernacular land markets in sub-Saharan Africa. J Agrar Change 6:346–371
Clarke RA (2009) Securing communal land rights to achieve sustainable development in
sub-Saharan Africa: critical analysis and policy implications. Law Environ Dev J 5(2):130
Clover J, Eriksen S (2009) The effects of land tenure change on sustainability: human security and
environmental change in southern African savannas. Environ Sci Policy 12(1):53–70
130
M. Munyuki-Hungwe and M. Rukuni