Looking back to see forward: the legal niceties of land theft in land rushes

Abstract

This paper aims to make a modest contribution to an overdue need to locate the current land rush in its historical context, less as a new phenomenon than as a surge in the continuing capture of ordinary people's rights and assets by capital-led and class-creating social transformation. It aims to do so by looking back to earlier land rushes, and particularly to those which have bearing upon sub-Saharan Africa, the site of most large-scale involuntary land loss today. In particular, the paper focuses upon a central tool of land rushes, property law. The core argument made is that land rushes past and present have relied upon legal manipulations which deny that local indigenous (‘customary’) tenures deliver property rights, thereby legalizing the theft of the lands of the poor or subject peoples. Even prior to capitalist transformation this feudal-derived machination was an instrument of aligned class privilege and power, later elaborated to justify mass land and resource capture through colonialism. Now it is routinely embedded in the legal canons of elite-aligned agrarian governance as the means of retaining control over the land resources which rural communities presume are their own.