Conference Agenda

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Session Overview
Session
09-09: Rural Land Governance Experiences
Time:
Thursday, 23/Mar/2017:
8:30am - 10:00am

Session Chair: Oumar Sylla, UN-Habitat, Kenya
Location: MC 6-100

Presentations

Land tenure and its impacts on food security in Uganda: Empirical Evidence from Ten Districts

Samuel Mabikke1, Moses Musinguzi2, Danilo Antonio1, Oumar Sylla1

1United Nations Human Settlement Programme, Kenya; 2Makerere Unievrsity, Kampala - Uganda

The need to establish the link between land tenure and food security is increasingly gaining currency as governments and development organizations strive to assist farmers to move away from subsistence farming to commercial agriculture. It is argued that given how land plays a crucial role in the livelihoods of most Africans, food security and poverty reduction cannot be achieved unless issues of access to land, security of tenure and the capacity to use land productively and in a sustainable manner are addressed.

This study was conducted in ten districts of Uganda. The overall objective of the study was to undertake an empirical analysis of the land issues that farmers experience, which could limit efforts to improve agricultural production and hence adversely impact on food security. A multifaceted study approach was used in which various data collection methods including household surveys, key informant interviews, focus group discussions, Participatory Rural Appraisal (PRA) and document review were employed. 623 farmers participated, of which 55.7% were females. In addition, key informants from the Local Government as well as CSOs were interviewed. The study recommends fit-for-purpose land administration tools to address area specific land tenure and food security challenges including security of land tenure.

09-09-Mabikke-310_paper.pdf
09-09-Mabikke-310_ppt.pptx

Land Access And Use Under Changing Tenancy Regulations: Governance Challenges In Odisha (India)

Sibabrata Choudhury

Landesa, India

While agricultural tenancy is banned in Odisha (India), concealed tenancy is rampant. In an agriculturally dominant economy, the practice was exploitative and had led to operation of a series of intermediaries, between the owner and the actual tiller or the tenant. Land leasing is the reality and a liberalized setting will provide access over land for the landless and land poor.

In 2016, Government of India came up with a model tenancy law following wide ranging consultations. The state of Odisha is in the process of bringing in a new law on agricultural land leasing and in Aug 2016 initiated a process of consultation with landowners and sharecroppers.

The paper will outline current land leasing practices based on experiences related by land owners and share croppers in five districts where Landesa had conducted field assessment during 2015. The broad framework in which land governance will be examined is: (a) institutional mechanisms to identify and record sharecroppers, (b) ensure specific provisions related to women farmers, (c) tenancy arrangements in tribal areas confirming to secure tribal rights, (d) participation mechanism in input subsidy, financial credit and procurement programmes, (e) provisions under land modernization and computerization programme ongoing in the state.

09-09-Choudhury-367_paper.pdf

Reducing Conflicts and Enhancing Land Administration: Case of the Customary Boundary Demarcation in Ghana

Gad Asorwoe Akwensivie

Ghana Ministry of Lands and Natural Resources, Ghana

Ghana’s National Land Policy identifies the indeterminate boundaries of customary lands as a major problem disturbing efficient land administration and management across the country and which continue to deny investors access to land for projects and delays the implementation of programs thereby thwarting development at both urban and rural levels.

To abate the problem, the Government with the assistance of the World Bank and development partners launched the Land Administration Project (LAP) in 2003. Component 2 of the project deals with implementation of Customary Boundary Demarcation (CBD) – i.e. the delineation (identification, demarcation and survey) of allodial lands based on substantial innovation and on strong, fruitful collaborative relationship between different actors: customary land authorities, public land sector agencies, private sector, local and central government, subjects and individuals. Implementation started slowly, building with caution on lessons as they emerged.

This work discusses the innovative steps employed, expands understanding of the Customary Boundary Demarcation exercise as is being implemented in Ghana to highlight the outcome, implementation successes and challenges. The work demonstrates the fact that the Ghanaian example provides useful lessons for other developing countries to improve upon the participatory approaches to land management at the local level.

09-09-Akwensivie-114_paper.pdf
09-09-Akwensivie-114_ppt.pdf

Reforms for Equity and Efficiency: Exploring Challenges of Malawi's 2016 Customary Land Act in Achieving Equity Goal

Sane Zuka

University of Malawi, The Polytechnic, Malawi

The Government of Malawi has promulgated Customary Land Act 2016 to replace the 1967 Land Act. This Act seeks to address challenges facing customary land tenure, especially for women and other vulnerable groups of people through creation of private customary estate with private usufructuary rights in perpetuity. Using data from seven districts in the country, this study examines the extent to which the new land law will achieve land use equity goal, especially for the most vulnerable members of the community. The findings from interviews with communities reveal the success of the new Law depends on the existence of efficient land governance institutions and enforcement mechanisms. In particular, while there is a high sense of optimism that the new land law address land security situation, this benefit is tempered down by the unwillingness of local communities to grant land security to divorced and widowed partners. This situation is likely to be worsened by the fact that individual land registration potentially closes up creation of quasi land tenure rights for returning community members as it increases opportunity costs for individuals. These findings, therefore, underscores the need for establishing good land governance at a local and efficient land rights enforcement mechanisms.

09-09-Zuka-196.doc