Equitable Distribution Of Land Research Articles

Prophetic Law-based Land Bank Policy Reformulation in Indonesia

In regulating the land bank policy, Indonesia refers to Law Number 11 of 2020 concerning Job Creation and Presidential Regulation Number 64 of 2021 concerning Land Bank Agency. These two laws regulate all general technical requirements required by investors. This study aims to: 1) Describe the land bank legal policy after the legalization of Law Number 11 of 2020 concerning Job Creation; 2). Formulate a land bank policy based on prophetic values which integrate the positive law and religious values. This is normative legal research which used secondary data and library materials as the main data sources. It used the philosophical juridical approach: the juridical approach was in the form of legislation (statute approach) and the philosophical approach was in the form of the prophetic ethical paradigm through ash-Asyatibi’s Maqasid al-Syari’ah (the purpose behind Islamic laws). The data analysis was divided into two. The first was the descriptive-qualitative analysis by describing land bank policies after the enactment of Law Number 11 of 2020 concerning Job Creation. While in the second problem formulation, because the main objective was to find the concept of land bank policy based on prophetic ethics, the authors conducted critical and predictive analyses. Land bank policies have various advantages and disadvantages. With these weaknesses and strengths, a new land bank policy was formulated, which was predicted to be able to guarantee equitable land distribution and wise management of land tenure.

LAND DILEMMAS IN BRAZIL: THE HISTORY OF LAND PRIVATIZATION IN BRAZIL

This article aims to present, from a historical perspective, the main legal instruments on access to land, based on authors who have studied the agrarian issue in Brazil, namely: João Pedro Stédile (2011), José de Souza Martins (1980), Marcia Maria Mendes Motta (1998), Maria Ligia Osório Silva (1996, 1997), Ruy Cirne Lima (1954), among others. It also aims to demonstrate how legislation has advanced in the process of recognizing the socio-environmental function of property while it brought ambiguities that have led to regression in terms of a fairer and more equitable distribution of land, essential to human needs, such as housing and food. The materials used to prepare the article came from primary and secondary sources collected through bibliographic and documentary research.KEYWORDS: property of land, socio-environmental function of property, Brazilian legislation.

EFFECTIVE MINERAL POLICY AS A KEY FACTOR FOR SUSTAINABLE ECONOMY

The paper analyzes the changes in commodity market distortions, competing land use types, raw material demand for development, and rapid diffusion of key enabling technologies meeting the requirements of constant, dynamic development of major European industries. The author gives the relationship between the dynamics for mineral resources consumption growth, and changes in the conditions of production of these resources. Contains a critical review of methods for predicting the mineral resources dependency, including an estimated forecasting method based on guidelines for the evaluation of needs for natural resources and their substitutes.    One of the principles is comprehensive and integrated resource recovery. In a nutshell, this new approach argues that any operation should disturb a mine site only once and extract all useful materials using an optimised integrated flowsheet. This principle also requires that all by-products and residues are (re)used and that by-products and tailings at the end of life to be ‘future-proofed’, i.e. they should retain their ability to continue to be of value into the distant future where technology/economy may make feasible their use.    It is noted that access to and affordability of mineral raw materials are crucial for the sound functioning of the EU’s economy. A new 2020 list of critical mineral raw materials is presented and ways to compensate for the CRM deficit are described in detail.    Separately noted that the mineral policy is needed to be meticulously treated to facilitate company investment security, streamline permitting and access to minerals in a line with the European Green Deal, the Circular Economy Action Plan, the Bioeconomy Strategy and the European Industrial Strategy. Concerning, the latest steps towards Europe economically resilient by a framework for raw materials and the Circular Economy – creation of European Raw Materials Alliance recognized as particularly effective.    Global Industry Standard on Tailings Management represented as a robust, fit-for-purpose international standard for the safer management of tailings storage facilities.    The argument is given that since the land issue is one of the most delicate in a densely populated areas heavily dependent on agriculture, housing, infrastructure or other nonmineral development, a fair and equitable distribution of land is important for a mineral perspective.    There is also the need for strategic and open network between political, industrial and local communities through the exchange of information to enhance knowledge, experience and skills between stakeholders. Social acceptance of that idea is a fundamental element that must be addressed to develop a confl ict-free area for mineral development activities.    The conclusions indicate that we would like to emphasize that the main task of today is to create an effective system for monitoring the movement of raw materials along the entire added-value chain. The ability to quickly identify and respond to challenges in mineral policy will provide leadership in EU strategic technologies and industries. This process has already started with the creation of the European Raw Materials Alliance ERMA. State institutions, businesses, scientific institutions, and civil society in the close dialogue are able to ensure sustainable development and security of civilization as a whole. 

Gender Perspectives in Namibia’s Communal Land: Exploring Women’s Hindrances to Equitable Land Ownership

Rural communities depend on land for socio-economic livelihoods. However, owning land remains a critical challenge in post-independence Namibia for women, despite institutionalised laws and policies designed to redress gender inequalities. This paper discourses on the hindrances to equitable communal land ownership in nine regions among women aged 18–60 years. Findings reveal a high perception among women themselves that women should own land in communal areas. The study concludes that the struggle for equitable land distribution is far from being over, despite various government interventions to address the status quo, and hence recommends the overhaul of existing legal frameworks.

FRONTLINE SERVICES OF DEPARTMENT OF AGRARIAN REFORM PROVINCIAL OFFICE-LAGUNA (DARPO-LAGUNA): TOWARDS TO AN ENHANCED CLIENT-ORIENTED FRONTLINE SERVICES

Frontline service is one of the most essential factors to determine good public governance in any of its offices. An effective and efficient frontline service requires proficient and knowledgeable staff to be assigned as frontlines. For the reason that they face the clients to assist them according to their needs, frontline jobs really an important factor in the delivery of services. As mentioned, frontline services are assigned to address the clients’ needs first hand. They are required to solve clients concern with their utmost skills in services delivery. Frontline also serves as the face of an agency or office. Department of Agrarian Reform (DAR) as one of government entity is created under the Executive Branch of the Philippine Government. It is the lead government agency that upholds and implements comprehensive and genuine agrarian reform which actualizes equitable land distribution, ownership, agricultural productivity, and tenurial security for, of, and with the tillers of the land towards the improvement of their quality of life through the implementation of the Comprehensive Agrarian Reform Program (CARP) through Land Tenure Improvement (LTI), Agrarian Justice and Coordinated delivery of essential Support Services to client beneficiaries (dar.gov.ph). Among the abovementioned programs, these all require a good and impressive frontline service. This study is focused on the assessment of the frontline services of the Department of Agrarian Reform Office – Laguna (DARPO-Laguna). There were three main categories or divisions that have been assessed: 1. Legal Services Division, 2. Land Tenure Services Program (LTSP) Division, and 3. General Frontline Services of DARPO-Laguna. Using the self-constructed questionnaire formulated from the DAR Employee Handbook and Service Performance Model (ServPerf Model), the researcher was able to gather data. These data gathered were tabulated and computed using weighted mean, frequency and percentage, and F-Value and p-value computations. There were three hundred seventy-seven (377) respondents in this study randomly selected from the group of farmers, landowners, Non-Government Organizations, Employees, and Researchers. It reveals from this study that, all the division in DARPO-Laguna that has frontline services including the General Frontline Services was with a great extend when assessed by the respondents. All dimensions and aspects included in this study are acceptable, it means that, in general, DARPO-Laguna Frontline Services is doing a good practice however, still necessitates improvement. In addition, the study found out that there are significant differences in respondents’ assessment when grouped according to their types . Based on the results and findings of the study, it is generally recommended that the management of DARPO-Laguna needs to continue its good practices and may opt to further enhance delivery of services to achieve the best clients’ satisfaction.

Wealth-related inequalities in adoption of drought-tolerant maize and conservation agriculture in Zimbabwe

This paper concerns Drought-Tolerant Maize (DTM) and Conservation Agriculture (CA) practices that were introduced into smallholder maize-based farming systems in Zimbabwe to enhance the productivity of maize and food security under a changing climate. Although these technologies are technically appropriate, there are difficulties with their use by smallholder farmers of relatively low socio-economic status, as measured through ownership of farm or household assets and endowments. Thus, we sought to quantify and explain wealth-related inequalities in the adoption of DTM and CA in smallholder farming communities and discuss their implications for food security. The analysis used cross-sectional household-level data gathered from 601 smallholder farmers from four districts in Zimbabwe. We found evidence of a pro-rich distribution of inequalities in the adoption of DTM and CA that were mostly explained by differences in household wealth, access to agricultural extension services and size of farm land. No meaningful differences in DTM adoption disparities were found across districts. Significant gender differences were observed for CA, and meaningful differences by district were noted. Results suggest the need for decision makers to consider implementing policies that focus on the poorer segments of the farming society to alleviate differences in the adoption of such agricultural technologies. For example, subsidizing the uptake of improved maize varieties including DTM and prioritizing equitable land distribution, coupled with specialised extension services for the poor in a cereal-based CA farming system, could reduce the observed gap between rich and poor in the uptake of these innovations and consequently improve food security.

Revisiting Women Empowerment:A Review Of Policies On Landuse And Food Security In Zimbabwe.

The Land question in Zimbabwe and most countries of the Global South has always been marred by the injustices perpetrated by the colonial governments in the equitable distribution of land. Women have been severely disadvantaged yet they are the ones who contribute so much in agricultural production and food security. Thus, land tenure, ownership, food security and access are interlinked, directly and indirectly. This paper seeks to explore while revisiting policies that have addressed land-use, tenure security and ownership in relation with women in Zimbabwe. Women have always been a domineering force in agriculture in which they contribute immensely though their contributions has not been fairly chronicled and publicised. Thus land is a key resource to empowering women in the socio- economic growth trajectory and poverty alleviation. Successful realisation entails a functioning transparent land administration system. Hence, access to arable and productive land is vital to most women who live in the communal areas and depend wholly on farming for their livelihoods. It is in this realm that, land plays a significant part and as a socio-economic catalyst, policies inclined should clearly state the position of women as far as ownership is concerned. Various statutory and legal statutes should address rights of women so that they will be able to continue contributing to food security. In light of these objections, this paper further examines and explores current and also already researched literature on empowering women in the lenses of land-use, right, access and their contributions to food security.

Measuring Political and Economic Institutions in Ethiopia: c. 1888–2016

AbstractThis article presents the first ever set of indexes of political and civil rights and land rights in Ethiopia spanning more than a century. We have extracted information from legal texts and historical records. Then we quantified legislative developments in an attempt to objectively measure de jure political and economic institutions over the existence of the modern Ethiopian state. The results show that political institutions have improved gradually even though there is a tendency of retracting some rights recently. Land rights have never been more extensive than in the 1960s. The land reform of the late 1970s achieved a more equitable distribution of land at the expense of a shrinking set of rights.

Agricultural Tenancy in Some Irrigation Command Areas of North Gujarat

In the pre-independence period, Gujarat the Rayatwari system was predominant in the presidencies where land rights were with the tillers, who were subjected to regular payment of revenue. Tenants in Gujarat and Saurashtra were mostly Patidars by caste. They had become politically powerful by the time of Independence due to participation in the Indian freedom movement under Gandhi. Since they were the beneficiaries of reforms, they had enacted progressive laws., land reforms have met with mixed success in achieving equitable distribution  of land. The intermediaries between the state and the actual tillers have been removed, but efforts to provide land to the tiller have not been successful even though the distribution of land has become a little less unequal. Although the number of tenants has come down, unwritten contractual arrangements have increased. Thus, large-scale concealed tenancy still exists. So is the case with reverse tenancy-leasing-out land by marginal and small farmers to medium and large farmers, incidents which have increased in recent time.

Implication of Changing Agrarian Regime on Rural Non-farm Economy

The study analyses the implication of changing agrarian regime in India on rural non-farm economy. So far as agricultural growth and/or development are concerned, we can observe four major phases of transition in India, such as, initiation of land reform, period of green revolution, introduction of contract farming and the subsequent diversification of cropping pattern towards high value crops; and finally, the recent upsurge in agricultural land conversion for industrial/infrastructural/urbanisation purposes. Though the impact of changing agrarian situation in India has been debated in the context of agrarian distress, its impact on rural non-farm (RNF) sector which is an integral part of the rural economy is somewhat overlooked. Using farm–non-farm indicators across six agriculturally diversified states of India, we argue that more equitable distribution of land with the introduction of land reforms fosters growth in RNF economy; whereas, green revolution and crop diversification towards high value crops results in concentration of land leading to delinked production between marginal–small farmers and RNF sector. Finally, the policy of large-scale industrialisation at the cost of agricultural land conversion induces a contraction of RNF economy.

Reducing Poverty through Agricultural Development in China

China has made dramatic progress in large‐scale poverty reduction over the past 30 years and has greatly contributed to the fulfilment of the MDG poverty goal. Sustaining agricultural growth is the key driving force for China's poverty reduction because almost all the poor population are in rural areas and depend heavily on agriculture for their livelihood. Equitable land distribution is another important factor that makes China's agricultural growth more pro‐poor. Land reform, marketisation and price increases in agricultural products, technological progress and accumulation of human and physical capital all played important roles in promoting agricultural and rural development. However, worsening income distribution, continuous economic structural transformation, resource and environmental constraints and lack of social security of migrant urban populations are major challenges for China's future poverty reduction. Economic, social and environmental policy adjustments are required to address these issues for sustainable and pro‐poor growth in the future.

Stability and the Economy: Cooperative Game Theoretic Implications for Economic Policy in a Dual-Sector Economy

<strong></strong>How does the structure of the economy affect the possibility for societal stability? This paper employs a cooperative game theory lens to explore possibilities for cooperation and chaos under various growth scenarios and assumptions of distributional equality in a hypothetical 2-sector economy (industrialists and agriculturalists). It suggests that maintaining distributional equality amongst agriculturalists is only undesirable under the assumption that the manufacturing sector exhibits positive and decreasing returns to scale; if increasing or negative manufacturing returns are the case, agricultural equality becomes an important policy goal in maintaining stability. In the particular case of a shrinking economy, peace can be preserved given (a) fairly equitable land distribution, and (b) a healthy industrial sector serving agriculture. In terms of aid policy, I suggest that, under decreasing industrial returns, more resources available to an economy can promote cooperative frameworks, but that such boosts will entail a switch to economies structured around the industrial sector. I conclude with a suggestion for testing the model.

Land Reforms Vis-a-Vis Urban Land Ceiling Act and its Connotations in West Bengal

Land continues to be of growing importance in today’s age of technology and development and the essence of land is etched deep within the history of India. The concept of ownership of land was not prevalent in ancient India and from Vedic era till the establishment of Lord Ashoka “zamindars” were non-existent. Kings thereafter did not own land and they were only responsible to provide security to its subjects, whereas it was the subjects who gave a certain percentage of the agricultural produce to the Kings as revenue. The Urban Land (Ceiling and Regulation) Act, 1976 is Central Act enacted under Clause (1) of Article 252 of the Indian Constitution and came into effect in 1976 and was repealed through the Urban Land (Ceiling and Regulation) Repeal Act, 1999 by the Government of India. However, the State of West Bengal continues to adopt and implement this said legislation for social benefit and ceiling of urban land. The purpose behind the Act is to prevent concentration of urban land in the hands of few persons and to prevent profiteering so that equitable distribution of land can be achieved for the benefit of the entire population. The ceiling on land introduced by the Urban Land (Ceiling & Regulation) Act continues to play an important role in West Bengal whereas it has already been repealed in other States of India. The need of the hour is for reforms in land laws throughout the country to root out the middle-men who continue to thrive under different regimes of power and utilitarian laws such as Urban Land (Ceiling & Regulation) Act should meet its purpose within a short span of time and then make way for progress or else development would be immensely affected, as is the condition in West Bengal.

The Politics and Ethics of Land Concessions in Rural Cambodia

In rural Cambodia the rampant allocation of state land to political elites and foreign investors in the form of “Economic Land Concessions (ELCs)”—estimated to cover an area equivalent to more than 50 % of the country’s arable land—has been associated with encroachment on farmland, community forests and indigenous territories and has contributed to a rapid increase of rural landlessness. By contrast, less than 7,000 ha of land have been allotted to land-poor and landless farmers under the pilot project for “Social Land Concessions (SLCs)” supported by various donor agencies. Drawing on fieldwork conducted in two research sites in Kratie Province, this article sheds light on the mechanisms and discourses surrounding the allocation of ELCs and SLCs. Our findings suggest that large-scale and non-transparent land leases in the form of ELCs are discursively justified as land policy measures supporting national development, creating employment opportunities in rural areas, and restoring “degraded” and “non-use” land, while SLCs are presented by the government and its international donors as a complementary policy to reduce landlessness, alleviate rural poverty, and ensure a more equitable land distribution. We argue that the SLC pilot project is a deliberate strategy deployed by the Cambodian ruling elite to instrumentalize international aid agencies in formalizing displacement and distributional injustices, in smoothing the adverse social impacts of their very own land policies and in minimizing resistance by dispossessed rural people.

An Evaluation of Dr. Ambedkar’s Economic Thought on Agriculture in the context of Globalization

Bharat Ratna Dr. Babasaheb Ambedkar: an eminent socio-economic thinker and epoch-maker shaped the economic destiny of India by introducing many tenets of the State Socialism into the Constitution of free India. He was a post-graduate of Columbia University (U.S.) and obtained his doctoral degree in economics from there in 1917 and D.Sc. degree in 1921 from the renowned London School of Economics. Abroad, he shared his thoughts with distinguished economists like Prof. Seligman and Prof. Cannon. He had a short stint with Sydenham College Bombay as a lecturer in economics during 1918-20. His economic thoughts are spread over a plethora of pages, speeches, and statements made in various capacities. He was the first to co-relate the evils of untouchability and the caste system with the economic system. It was to his credit that financial and economic provisions were entered into the Law of the Land i.e. Constitution of India. Dr. Babasaheb Ambedkar was much more than a mere economic thinker. He was a philosopher, social thinker, a fantastic scholar, a leader, a political activist, an apostle, and a savior of millions – a true architect of an egalitarian society. Such a person can only be a revolutionary at heart. Above all these attributes, he was the noble visionary aspiring for a peaceful and prosperous world without malice. Agriculture is the backbone of the Indian economy many problems like land reforms, fragmentation, and subdivision of land were discussed by Dr. Ambedkar threadbare. The problems are still current and are further aggravated by the density of population and urbanization. The size of landholding is getting diminished day by day causing innumerable misery to the farmers. The marginalization of land is marginalizing the landholders on large scale. Dr. Ambedkar foresaw all this and emphasized the inability of consolidation and other means of increasing the size. He was aware that any system of equitable distribution of land and land reforms would be inadequate for the singular reason that there is no ample land relative to population. Therefore he felt that collectivism was the only answer for problems of agriculture. This was in tune with the welfare State visualized then. Collective farming would reap the advantages of large-scale production which would increase labor productivity. He was for the growth and development of agro-based industries and the industrialization of the rural areas. This is his view would enhance the employment of workers and the land-less. Dr. Ambedkar proposed collective farming in a slightly different way from communes. The proprietary rights would remain with respective farmers but they would not be permitted to cultivate lands unless they join with adjoining farms. In case it was not done then the government should interfere and acquire lands after paying appropriate compensation. The land so acquired should be divided into equal holdings and should be given to the villagers for cultivation. Dr. Babasaheb Ambedkar justified the government interference saying that non-interference of government would mean private autocracy. While discussing the problem of subdivision he emphasized that the absence of the law of primogeniture (the property should rest with firstborn) led to non-economic holding. He defined his concept of economic holding on the basis of a family unit. The land should be adequate enough to provide employment to the whole family and must be able to provide subsistence to the family. His was scientific and hence the holistic approach in a sense.

Ensuring Equitable Distribution Of Land In Ghana: Spirituality Or Policy? A Case Study From The Forest-Savanna Agroecological Zone Of Ghana

This article explores the pent-up question of equitable distribution of land in Ghana using the Forest-Savanna Agroecological Zone as a case study. It focuses on the dichotomy of policy versus indigenous spirituality in contemporary distribution of land in Ghana. After independence several attempts have been made to restructure land title holding in Ghana by way of land registration. The effectiveness of these attempts is also examined. The paper concludes that Ghana needs pragmatic steps (policies) to confront the challenges of land distribution. And in taking these pragmatic policies, the religio-cultural underpinnings (the people`s worldview) of land issues in Ghana should be factored into the policy that will result. Anything short of this will make the implementation of any land policy in Ghana ineffective.

Climate-related disaster opens a window of opportunity for rural poor in northeastern Honduras

Two distinct views are evident in research on how rural communities in developing countries cope with extreme weather events brought by climate change: (i) that the resource-reliant poor are acutely vulnerable and need external assistance to prepare for such events, and (ii) that climate-related shocks can offer windows of opportunity in which latent local adaptive capacities are triggered, leading to systemic improvement. Results from a longitudinal study in a Tawahka community in Honduras before and after Hurricane Mitch (1994-2002) indicate that residents were highly vulnerable to the hurricane--due in part to previous development assistance--and that the poorest households were the hardest hit. Surprisingly, however, the disaster enabled the poor to initiate an institutional change that led to more equitable land distribution, slowed primary forest conversion, and positioned the community well to cope with comparable flooding occurring 10 y later. The study provides compelling evidence that communities can seize on the window of opportunity created by climate-induced shocks to generate sustained social-ecological improvement, and suggests that future interventions should foster local capacities for endogenous institutional change to enhance community resilience to climate shocks.

The Nexus Between Equitable Land Distribution and Poverty Reduction: An Overview of the Zimbabwean Situation

Developments in Zimbabwe at the turn of the new millennium have been characterised by efforts to ensure that the land redistribution exercise takes place across all communities. This was done at a faster rate than witnessed anywhere in the world for the past two decades. The overall aim was to grapple with the rising levels of poverty and unemployment that led to discontent among the populace. Land redistribution represents the desire to increase participation in agricultural activities and place land in the hands of those who till the land. Economically, land redistribution makes a great deal of sense as it leads to a redistribution of income in favour of groups who are expected to spend their money on the domestic rather than international markets. The aim of this paper is to examine the linkage between inequitable land distribution and the socio-economic deprivations underlying poverty in Zimbabwe. The need to investigate arises from the standpoint that other societies have seen the gaps between the rich and the poor closing but having sought other models of reducing poverty other than of land redistribution. The examination provides a basis upon which justification for land reform can be carried out in some developing countries with similar land ownership patterns as in Zimbabwe in the pre-fast track land reform era. It also forms the basis upon which poverty can be reduced. The paper unearths controversies surrounding land reform, to be specific, the fast track land reform and its concerns the poor in Zimbabwe.

Access to Land for the Urban Poor—Policy Proposals for South African Cities

The issue of land is a critical one in post-Apartheid South Africa. Growing informality and poverty in urban areas, driven to a large extent by urbanisation, necessitates greater concerted action around land use management in urban areas to ensure more equitable, environmentally and socially sustainable use of finite land resources. The operation of the urban land market has been identified as a significant obstacle preventing the urban poor from accessing affordable land. A new approach, advocated by the UK Department for International Development and the Swiss Agency for Development and Cooperation entitled “Making Markets Work for the Poor—M4P” emerged in the 1990s. The M4P approach recognises that even successful market development will not distribute land to the poor and intervention in the land market is therefore required to promote more equitable land distribution patterns. The M4P perspective however has been accused of an obsession with economic solutions to the problem of landlessness and informality to the exclusion of other socio-political and legal remedies. The Brazilian case provides an example of a more progressive approach as it combines social policy and legal reform to regulate the use of urban land to ensure that land fulfils its “social function”. The presence of large tracts of vacant and unused land in cities is an important issue in the context of growing informality and competition for land and therefore requires urgent policy attention. The paper discusses the Brazilian case and the instruments used in that country to deal with vacant/unused land in cities. It argues that the progressive taxation of vacant land in cities could be a potentially valuable policy instrument in South African cities. Land-based fiscal instruments can be utilised by local government to manage the use of land and to access additional revenue which can be redistributed to the poor for the provision of infrastructure and services. Although these tools are not a panacea for challenges of informality and poverty in the developing world, they do have the potential to augment municipal income and to facilitate urban renewal, infill development and a more compact city. The paper argues though that these tools should be applied on a city-wide scale; part and parcel of an overall urban land reform strategy and plan for the city.

Agricultural Growth and Rural Employment—Some Lessons from China?

The present paper argues that there is an absence of a clear policy of rural industrialization in India to absorb labour from agriculture that can help increase labour productivity and improve rural incomes. Agricultural growth, combined with clear policy of rural industrialization, is important for an equitable rural–urban growth. To this end, equitable land distribution, rural infrastructure and services, human capital development (literacy and health) and governance are very crucial—in the attainment of all of which China attained a fair degree of success. Therefore, these are some of the lessons that Indian policymakers may take from the Chinese model of rural development.