Land-related Disputes Research Articles

Conflict and Security Management in Lire Payam, South Sudan: Assessing the Impact of Land-Related Disputes and Security Strategies

Conflict and Security Management in Lire Payam, South Sudan: Assessing the Impact of Land-Related Disputes and Security Strategies

Indigenous Peoples and Land-Based Disputes: Paraguay and the Paĩ Tavyterã

This article discusses some of the long-term tendencies of the Paraguayan political economy, focusing, in particular, on impacts on indigenous peoples and, because of the ongoing agribusiness expansion in the northeast of the country, on the Paĩ Tavyterã nation. This analysis is warranted because of the growing recognition of the importance of land-related disputes affecting indigenous peoples, particularly in countries such as Paraguay that rely heavily on agribusiness exports and on the exploitation of natural resources. It is based on more than six years of research dedicated to the land struggles of the Paĩ Tavyterã (and members of the same ethnic group in Brazil, called Guarani-Kaiowa). Instead of a comparative study, this is a relational storytelling text that draws insights from various actors, communities and situations that were obtained through a qualitative and participative methodology, involving indigenous communities as co-participants and co-investigators in the study. Empirical results demonstrate that, despite the fact that Paraguay is a major exporter of agribusiness commodities the accumulation of multiple forms of subtraction is a prevailing geographical force. The reaction of indigenous peoples is in the form of anti-subtraction. The main implication of this research is that the process of decolonisation is, first and foremost, an anti-subtraction movement that aims to revert the deficit caused by the systemic subtraction of socio-economic and socio-ecological opportunities.

Impact of early access to land record information through digitization: Evidence from Alternate Dispute Resolution Data in Punjab, Pakistan

We leverage novel data extracted from weekly updated registers of Alternate Dispute Resolution (ADR) centres to examine the impact of early access to land record information through digitization on dispute resolution outcomes in the Punjab province of Pakistan. Employing a quasi-experimental design, we estimate the causal effect of early access to Punjab Land Record Management Information System (PLRMIS) on the registration and resolution process of land-related disputes. Our results reveal that ADR centres in districts with early treatment experience an average increase of approximately 50 cases compared to those in districts with late treatment. By utilizing generalized multi-level mixed effect and two-stage least square models, we find that early implementation of PLRMIS significantly increases successful mediation outcomes by 126 cases in the treatment region with no effect on mediation failure cases. These findings provide compelling evidence for the pivotal role of PLRMIS in facilitating effective alternate dispute resolution, indicating increased public utilization of the system. Our results underscore the effectiveness of digitization and e-governance systems in improving land administration, reducing information asymmetry, and expediting the dispute resolution process.

Rethinking the Impact of Land Certification on Tenure Security, Land Disputes, Land Management, and Agricultural Production: Insights from South Wello, Ethiopia

Land is a precious resource in the Ethiopian highlands, where the entire agricultural system depends on rain-fed system. The resource faces multiple interconnected environmental and socioeconomic challenges. Among these, the absence of tenure security has significantly affected farmers’ willingness to adopt soil and water conservation practices (SWCPs), leading to a decline in land productivity, hindering household food security, and contributing to an increase in land-related disputes. Bearing this in mind, the government of Ethiopia (GoE) has undertaken two rounds of land certification programs in selected regions, one of which was Amhara National Regional State (ANRS). This study examined how land certification strengthens tenure security, lowers land-related disputes, motivates farmers to employ SWCPs, and raises the productivity of farm plots in Dessie Zuria and Kutaber Woredas. The research followed an exploratory survey method which utilized both qualitative and quantitative data. The survey involved purposefully selected 401 household heads. Additionally, cross sectional data were collected from various sources, including Woreda and zonal agriculture, court, land, and Natural Resource Management (NRM) offices. Quantitative data were analyzed using frequency tables, percentages, graphs, figures, cross-tabulation, and descriptive statistical methods. Meanwhile, qualitative data were transcribed, grouped, and interpreted in line with the research’s objectives. SPSS software version 26 was used for data analysis. The findings denoted a positive relationship between land certification and tenure security. Furthermore, enhanced tenure security has played a positive role in reducing land-related disputes, initiating farmers to invest in SWC practices and improving the productivity of farm plots. The research suggests the adoption of a cadastral land registration system, the encouragement of community involvement, and the enforcement of laws and bylaws. The research recommend implementation of cadastral land registration system, promote community participation, and enforcement of laws and bylaws. The work has implications for development practitioners, academia and policymakers working on land tenure, SWC practices, and food security.

Kemenag dan Sengketa Masjid di Kota Kediri

Land disputes are a classic issue and are always everywhere on the face of the earth. Therefore, land-related disputes are constantly going on because every human being has an interest related to land. Of the many waqf land disputes that have occurred, there is a special waqf land dispute that occurs in manisrenggo kediri city, where there has been a struggle for waqf land. Therefore, researchers are interested in studying how the Strategy of the Kediri City Ministry of Religion in Justice Sengeketa Masjid Al-Muttaqun in Manisrenggo District, Kediri City. The research aims to explore the role of the strategy of the Ministry of Religion of the Republic of Indonesia, Kediri City in Justice Sengeketa Masjid Al-Muttaqun in Manisrenggo District, Kediri City. In analyzing these problems, researchers use quality research methods with a descriptive approach. Of course, the results of the research were obtained, namely the strategy that had been carried out by the Ministry of Religion of the Republic of Indonesia, Kediri City, mainly and various parties were unsuccessful in the mediation process from both parties to the dispute over the waqf land. But the matter has reached the courts which are still ongoing. This waqf land dispute was triggered by other heirs who wanted to control the waqf land for the benefit of radical religious groups which were not in accordance with the religious teachings of the surrounding community.

Land tenure security and preferences to dispute resolution pathways among landholders in Nigeria

The occurrence of land-related disputes remains inevitable due to conflicting interests often associated with land rights. However, how these disputes are resolved remains of great interest to development scholars and policy makers alike. In this paper, both perceived land tenure (in)security and dispute resolution pathway preferences of plot holders are examined using a nationally representative survey dataset from Nigeria. The degree of perceived tenure security in an ordinal scale is measured using the combined indicators of perception of occurrence of ownership dispute and the perception of not losing plot should dispute occurs. Further, a two-stage sequence of choice of institutions for land-related dispute resolutions was constructed from the data to obtain four categories of possible resolution pathways. Partially constrained generalized ordered logit and multinomial logit models were also employed to assess the effects of plot holders’ socio-economic and plot characteristics on perceived tenure (in)security and choice of dispute resolution pathway, respectively. Results reveal that the level of perceived tenure security decreases with increasing indicator combination and the choice of informal – informal pathway remains dominant even in the presence of legal pluralism. Policies that promote land documentation, strengthened extension services, and strengthened institutional capacities and access are envisioned to play significant roles in reducing land-related disputes and facilitating their resolution.

Community forestry and its implications for land related disputes: Evidence from India

India has a history of contested land ownership over forests. The contest is between government that has held legal rights and forest-dwelling communities whose traditional rights have not been recognised. However, in 2008 a legislative reform – Forest Rights Act (FRA) – was introduced that gave forest ownership rights to forest-dwellers. We study evolution of land-related disputes after enactment of FRA. Two opposing forces are expected. While provision of land rights is likely to address forest-dwellers contestation over diversion of forest land, existence of contradictory laws as well as implementation gaps undermine the rights of forest dwellers. Additionally, the legislation is likely to increase the value that communities place on land, increasing their demand for titles in case of a contest. We employ difference-in-difference methodology to show that land disputes increased after FRA implementation. We show that contradictory conservation policies, lax implementation and increased incentives to demand claims resulted in this increase.

Building on “Traditional” Land Dispute Resolution Mechanisms in Rural Ghana: Adaptive or Anachronistic?

Despite the ongoing land administration reforms being implemented across sub-Saharan Africa (SSA), including Ghana, as a viable pathway to achieve tenure security and greater efficiency in land administration, the subject of land dispute resolution has received relatively less attention. Whereas customary tenure institutions play a central role in land administration (controlling ~80% of all land in Ghana), they remain at the fringes of the formal land dispute adjudicatory process. Recognising the pivotal role of traditional institutions as development agents and potential vehicles for promoting good land governance, recent discourses on land tenure have geared toward mainstreaming traditional land dispute institutions into the architecture of the formal judicial process via alternative dispute resolution pathways. Yet, little is known, at least empirically, as to the operations of traditional dispute resolution institutions in the contemporary context. This study therefore explores the importance of traditional dispute resolution institutions in the management of land-related disputes in southcentral and western Ghana, drawing on data collated from 380 farming households operating 746 plots. The results show that contrary to the conventional thinking that traditional institutions are anachronistic and not fit for purpose, they remain strong and a preferred forum for land dispute resolution (proving resilient and adaptable), given the changing socio-economic and tenurial conditions. Yet, these forums have differing implications for different actors within the customary spheres accessing them. The results highlight practical ways for incorporating traditional dispute resolution in the overall land governance setup in Ghana and elsewhere in sub-Saharan Africa. This has implications for redesigning context-specific and appropriate land-use policy interventions that address local land dispute resolution.

Does Land Conflict Matter to Farm Productivity? A Case Study of Cambodia

Land-related conflicts in Cambodia have been garnering much attention. The Cambodian government, through the Prime Minister, pledged to resolve land-related disputes, as they not only hurt the people but negatively impact on the national development agenda. Land disputes are estimated to involve 200,000 poor Cambodians. The government has been urged by international aid agencies to solve land problems to aid rural development and alleviate poverty. This paper evaluates the determinants of land conflict and its impact on land productivity, and provides recommendations on land governance in Cambodia, using an extensive 2004 nationwide household survey data consisting of 15,000 households in 600 rural and 300 urban villages. In the face of a growing landless population, primarily with loss of ownership by female-headed households, this study finds evidence that suggests other approaches for policymakers in preventing a growing landless population and land conflict prevention. It was also found out that modalities of acquisition are not a dominant cause of land conflict, while posessing land title reduces the probability of getting one's land into dispute. The analysis finds evidence of negative impact of land conflicts on farm productivity. This finding supports the hypothesis of the study and confirms the downward spiral events of conflicts that impact on farm productivity. The most involved in land-related conflicts are agricultural lands, which may signify the community’s risk for low land productivity. The numerous land grabbing incidents in Cambodia may also lead to land conflicts. There is urgent call for the Cambodian government to solve land conflicts or improve land governance not only for agricultural development, but also for Cambodians’ rights over their lands. The impetus of resolving land issues, especially in rural Cambodia, will contribute to more effective poverty reduction efforts.

Effect of land conflict on arable crops production in Delta State, Nigeria

This study was designed to investigate the effect of land related conflicts on crop production in Delta State, Nigeria. Communities that have and are still experiencing land related conflicts were purposively selected for this study. The community and opinion leaders in such communities were also purposively selected for the study. This resulted to the selection of 255 respondents. Data were collected with the use of questionnaire and structured interview schedule. All the conflicts were at inter-community level and were caused by boundary disputes. The conflicts took serious dimensions. Arable crop production was adversely affected, but picked up after resolution of the conflicts in most communities. Agricultural activities were negatively affected by the conflict incidences. The conflict cases were managed with adoption of negotiation, security agents, and governmental agencies’ intervention and judicial injunction. However they were resolved through legal procedure, intervention of Ministry and Land Survey, and Land and Boundary Commission’s intervention. There were significant differences between level of crop production before and after conflicts; significant relationships between magnitude of land conflicts and some socioeconomic characteristics of respondents. Seriousness of land conflicts had inverse significant relationship with agricultural activities. It was recommended that government agencies should properly define boundaries between communities, Land and Boundary Commission should promptly wade into land related disputes before they escalate; and communities are required to contact the relevant government agencies to report any matter of disagreement relating to land boundaries with other communities; and extension agency needs to integrate anti-conflict education in their interaction with farmers.

Usufructuary Right Over Land in Eritrea: Can it Be Sold?

This is a commentary on usufructuary right over land in Eritrea’s legal system. After Eritrea’s independence, land related issues are perhaps the most confusing areas of law in the country. Some of the uncertainty stems from the difference between customary and modern land laws. Although land laws proclaimed by colonizers, Italy and Ethiopia, and later by the Transitional Government of Eritrean annulled customary land laws, and despite conflicts between the two set of laws, both existed in parallel. The reason is that these governments did not fully implement the land proclamations they enact. Perhaps, another source of the misunderstanding is lack of clarity in the proclaimed laws and inadequate information on content and application. As a result, the misunderstanding continues. In this paper an attempt will be made to analyze the property right attached to usufruct. The emphasis is on one aspect of these rights that still persists. An effort is made to answer whether a holder of a land right, usufructuary, can sell that right. Although the focus is on the right to sale, other modes of transfer, such as inheritance, are touched upon. The concept of ‘usufruct’ is believed to be one of the most serious causes for land related disputes and misinformation. The uncertainty on this type of right over land has significantly impaired a large number of citizens the enjoyment of their right over property.

Rural women’s access to and control over land in East Gojjam during the Derg and EPRDF

The main purpose of this paper was to identify the status of rural women to access and control over land in East Gojjam since 1974. Despite measures taken to ensure gender equality in land ownership since 1974, women in Ethiopia in general and in East Gojjam in particular experienced more challenges related with access to and control over land. In Gojjam, the first redistribution of land during the Derg regime took place 3 years later after the 1975 land reform. Although the reform granted female headed households to equal access of land based on their household sizes, they were allocated unproductive, swampy and marginal lands attributed to patriarchal social norms, customary practices and poor legal services. However, since 1991 women’s status to land ownership was relatively changed. All women, despite differences in marital status, were entitled to independent land ownership with land certificate to increase security during divorce or land related disputes. In order to realize the intended objectives, both primary and secondary sources of data were collected. Primary sources of information were collected through interviews and focus group discussions with elderly people, women, husbands, relatives of women, government authorities at kebele and woreda level. The introduction of land certificate has relatively reduced boundary disputes and increased the confidence and the status of women in the society. However, there are significant challenges in terms of the degree of access and control women have over land. Thus, attention should be given in addressing constraints related with women’s land right.

Customary Tenure and Innovative Measures of Safeguarding Land Rights in Africa: The Community Land Initiative (Iniciativa de Terras Comunittrias) in Mozambique

This research is conducted to contribute to the currently ongoing policy debate on the benefits of collective vis-A -vis individual land tenure rights. The paper attempts to explore the Mozambican community land delimitation (CLD) program based on a community-level survey conducted in mid-September 2014. The survey revealed that land conflict is the main reason to initiate a CLD process, and nongovernmental organizations (NGOs) are major players in initiating and helping the CLD process. Two-thirds of the CLD communities have completed all the necessary phases of the CLD process and received community land use certificates (Direito do Uso e Apreveitamento da Terra (DUAT). The major reason for not completing CLD processes is the withdrawal of the NGOs helping the process. More than 90 percent of the CLD communities mentioned improvement in land-related disputes both with other communities and within communities after the CLD process. Generally, not many significant differences are observed between the CLD and non-CLD communities. Land-related disputes are identified as the first most common dispute in 50 percent of the communities surveyed, with a difference between CLD (63 percent) and non-CLD (31 percent) communities. Similarly, land disputes are not only the first most common but also the first most difficult disputes in the surveyed communities. Among the surveyed communities were large-scale land acquisitions by domestic (35 percent) and foreign (10 percent) investors, with limited community involvement. The study found that CLD seems to have a strong demand from the non-CLD communities, as more than 50 percent of the non-CLD communities have a household-level willingness to pay for CLD process either in cash or in kind.

Contesting land rights in a post-conflict environment: Tenure reform and dispute resolution in the centre-West region of Côte d'Ivoire.

Large-scale land tenure reforms in post-conflict environments present significant challenges to and unique opportunities for peace processes. Fundamental to reconciliation, economic rehabilitation, and rural livelihood security, land and land tenure are essential components of post-conflict development. The importance of land to large-scale returns and sustainable peace is especially relevant in Côte d’Ivoire, where multiple waves of displacement linked to the 2002 civil war and 2010 post-election crisis exacerbated socio-economic and political relations between self-identified indigenous and migrant groups. Despite notable improvements in physical security, protracted land disputes throughout the cacao-producing region of the centre-West present a key obstacle to sustainable returns and long-term peace. Given a lack of institutional and financial capital, the current Government of Côte d’Ivoire has fallen back on a pre-war suite of tenure reforms designed to formalize customary land rights through mandatory certification and registration. Differing from previous critiques of the theoretical framework guiding the 1998 Rural Land Law, this paper uses field data to provide an overview of the main causes of land-related disputes, local mechanisms of dispute resolution, and current status of the 1998 Rural Land Law as it is being applied throughout the centre-West region of the country. Specifically, I argue that the prevalence of land-related disputes and unnecessarily complex nature of statutory reformsdissociated from the socio-political and economic foundation of the ‘tutorat’ system areundermining the tenure security of rural households.

Housing, Land and Property Issues of Formerly Deported Peoples (FDP's) in Crimea

The purpose of this study is to provide an analysis and assessment of the current land-related disputes in Crimea. It focuses on the main causes of conflict over land in the region and ends with a set of conclusions and recommendations aimed at defusing the conflict, as well as proposing measures and means for ensuring an efficient and transparent land management system for Crimea in the future. The study comprises four sections: -Crimean Land Conflict ‑ Origins -Return, Land and Conflict -Land Squatting Issues (Samozakhvaty) -Proposed Strategy for a Comprehensive Solution of Crimean Land disputes.

The negative impact of land acquisition on indigenous communities’ livelihood and environment in Tanzania

This paper examines the negative impact of land acquisition programmes on the indigenous communities’ livelihood and environment. The paper presents the key findings of a study which was carried out in Morogoro Municipality in Tanzania. The study was carried out in four wards covering the peripheries of Morogoro Municipality and some sections of Uluguru Mountains forest reserve. A combination of Participatory Urban Appraisal (PUA) techniques and direct researchers’ observations were used to collect primary data for the study. Published and grey literature was the main source of secondary data. Findings show that land acquisition programmes in the study area have a negative impact on the livelihood of indigenous people and the environment. Some of the problems noted include loss of land, loss of means of livelihood, disruption of economic activities, persistent land-related conflicts, and relocations to poorly developed areas, inadequate and late compensation, and environmental degradation. Disagreement over the implementation of the provisions of the land acquisition legislation was noted to be one of the main sources of land acquisition related disputes. Low level of education and ignorance of the law by the majority of the indigenous people was another cause of land-related disputes. To address the problems, the paper advances some recommendations. These include the carrying out of adequate consultation and sensitization prior to land acquisition exercises, payment of full, fair and prompt compensation to the affected people, promoting conservation agriculture on the mountain slopes, strengthening awareness programmes on the land laws and policies, and improving ordinary people’s access to formal institutions responsible for the provision of justice.