Land tenure legislation in a pluri-cultural and multi-ethnic Society: The case of Bolivia

Abstract

After considering notions of social justice as they are related to concepts of ‘development’, this article seeks to provide a regionally differentiated overview of the evolution of land tenure in Bolivia and the way arrangements for land tenure legalization have been contested and negotiated over time. It will show how the colonial ‘reciprocity pact’, which entailed recognition of indigenous tenure systems came under attack from liberalizing policies during the second half of the nineteenth century. The 1953 agrarian reform brought new arrangements and new agrarian policies that formally aimed at modernization. Yet another reform, in 1996, under the aegis of neoliberalism, brought a formal recognition of indigenous tenure systems which, however, has not yielded very satisfactory outcomes. This is due to a one-sided emphasis on tenure that disregards broader community organization and a slow and biased implementation favouring the traditionally dominant sectors.