Abstract

In their quest for economic development through increased private investment, many developing countries are reformulating land policies to pave way for the transformation of communal land rights into private property. However, these customary land reform efforts have often been frustrated by indigenous people who feel such proposals threaten rural livelihoods and undermine the traditional political structures. Most of the research on this subject has focused on whether, how and/or to what extent the objectives of land reforms (e.g. tenure security and hypothecation) have been achieved. However, there is a lack of scholarly research on how and why indigenous people’s cultural perspectives and belief systems on land (can) undermine progress on customary land reform. The paper examines and shows how customary land reform aspirations can be undermined by not only the ambiguity of national legal frameworks and lack of participation of local communities in the design of land reform policies/law, but also the indigenous people’s long-standing cultural perspectives/belief systems on customary land (reform). We recommend that more innovative ways and further research are needed to achieve land reform and economic development. This, however, should take on board the cultural aspirations of the indigenes’ way of life, belief systems and values.

Highlights

  • In their quest for economic development through increased private investment, many developing countries are reformulating land policies to pave way for the transformation of communal land rights into private property

  • The paper uses international literature, complemented by personal experience and qualitative data from North-western province of Zambia to investigate how customary land reform as pursued by Zambia through its 1995 Lands Act can be undermined by indigenous people‟s cultural perspectives, including belief systems and the role of ancestors in land administration

  • Land in customary areas is considered to be the commodity that unites the past, the current and future generations. This is well elaborated by Chief Olsei of Odogbolu in Western Nigeria when he affirmed before the West African Land Commission in 1908 that: „I conceive that land belongs to a vast family of which many are dead, few are living and countless are still unborn.‟

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Summary

Introduction

In their quest for economic development through increased private investment, many developing countries are reformulating land policies to pave way for the transformation of communal land rights into private property. The paper uses international literature, complemented by personal experience and qualitative data from North-western province of Zambia to investigate how customary land reform as pursued by Zambia through its 1995 Lands Act can be undermined by indigenous people‟s cultural perspectives, including belief systems and the role of ancestors in land administration.

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