Land reform

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Farmers protesting for land reform in Indonesia, 2004 Jakarta farmers protest23.jpg
Farmers protesting for land reform in Indonesia, 2004

Land reform is a form of agrarian reform involving the changing of laws, regulations, or customs regarding land ownership. [1] Land reform may consist of a government-initiated or government-backed property redistribution, generally of agricultural land. Land reform can, therefore, refer to transfer of ownership from the more powerful to the less powerful, such as from a relatively small number of wealthy or noble owners with extensive land holdings (e.g., plantations, large ranches, or agribusiness plots) to individual ownership by those who work the land. [2] Such transfers of ownership may be with or without compensation; compensation may vary from token amounts to the full value of the land. [3]

Contents

Land reform may also entail the transfer of land from individual ownership—even peasant ownership in smallholdings—to government-owned collective farms; it has also, in other times and places, referred to the exact opposite: division of government-owned collective farms into smallholdings. [4] The common characteristic of all land reforms, however, is modification or replacement of existing institutional arrangements governing possession and use of land. Thus, while land reform may be radical in nature, such as through large-scale transfers of land from one group to another, it can also be less dramatic, such as regulatory reforms aimed at improving land administration. [5]

Nonetheless, any revision or reform of a country's land laws can still be an intensely political process, as reforming land policies serves to change relationships within and between communities, as well as between communities and the state. Thus even small-scale land reforms and legal modifications may be subject to intense debate or conflict. [6]

Land usage and tenure

Land ownership and tenure can be perceived as controversial in part because ideas defining what it means to access or control land, such as through "land ownership" or "land tenure", can vary considerably across regions and even within countries. [7] Land reforms, which change what it means to control land, therefore create tensions and conflicts between those who lose and those who gain from these redefinitions (see next section). [8]

Western conceptions of land have evolved over the past several centuries to place greater emphasis on individual land ownership, formalized through documents such as land titles. [9] Control over land, however, may also be perceived less in terms of individual ownership and more in terms of land use, or through what is known as land tenure. [10] Historically, in many parts of Africa for example, land was not owned by an individual, but rather used by an extended family or a village community. Different people in a family or community had different rights to access this land for different purposes and at different times. Such rights were often conveyed through oral history and not formally documented. [11]

These different ideas of land ownership and tenure are sometimes referred to using different terminology. For example, "formal" or "statutory" land systems refer to ideas of land control more closely affiliated with individual land ownership. "Informal" or "customary" land systems refer to ideas of land control more closely affiliated with land tenure. [12]

Terms dictating control over and use of land can therefore take many forms. Some specific examples of present-day or historic forms of formal and informal land ownership include:

Motivation

Land reform is a deeply political process [13] and therefore many arguments for and against it have emerged. These arguments vary tremendously over time and place. In the twentieth century, many land reforms emerged from a particular political ideology, such as communism or socialism. In the 19th century in colonized states, a colonial government may have changed the laws dictating land ownership to better consolidate political power or to support its colonial economy. [14] In more recent times, electoral mobilization and the use of land as a patronage resource have been proposed as possible motivations for land reform efforts, such as the extensive redistributive land reforms of Robert Mugabe in Zimbabwe. [15]

Arguments for

Arguments in support of land reform focus on its potential social and economic benefits, particularly in developing countries, that may emerge from reforms focused on greater land formalization. Such benefits may include eradicating food insecurity and alleviating rural poverty. [16]

And the great owners, who must lose their land in an upheaval, the great owners with access to history, with eyes to read history and to know the great fact: when property accumulates in too few hands it is taken away. And that companion fact: when a majority of the people are hungry and cold they will take by force what they need. And the little screaming fact that sounds through all history: repression works only to strengthen and knit the repressed.

—  The Grapes of Wrath [17]

Arguments in support of such reforms gained particular momentum after the publication of The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else by Peruvian economist Hernando de Soto in 2000. The poor, he argues, are often unable to secure formal property rights, such as land titles, to the land on which they live or farm because of poor governance, corruption and/or overly complex bureaucracies. Without land titles or other formal documentation of their land assets, they are less able to access formal credit. Political and legal reforms within countries, according to de Soto, will help to include the poor in formal legal and economic systems, increase the poor's ability to access credit and contribute to economic growth and poverty reduction. [18]

Many international development organizations and bilateral and multilateral donors, such as the World Bank, have embraced de Soto's ideas, or similar ideas, about the benefits of greater formalized land rights. [19] This has translated into a number of development programs that work with governments and civil society organizations to initiate and implement land reforms. [20] Evidence to support the economic and pro-poor benefits of increased formalized land rights are, however, still inconclusive according to some critics (see "Arguments against land reform" below).

Other arguments in support of land reform point to the need to alleviate conflicting land laws, particularly in former colonies, where formal and informal land systems may exist in tension with each other. [21] Such conflicts can make marginalized groups vulnerable to further exploitation. [22] For example, in many countries in Africa with conflicting land laws, AIDS stigmatization has led to an increasing number of AIDS widows being kicked off marital land by in-laws. [23] While the woman may have both customary and statutory rights to the land, confusion over which set of laws has primacy, or even a lack of knowledge of relevant laws, leave many AIDS widows at a significant disadvantage. Also, conflicting formal and informal land laws can also clog a country's legal system, making it prone to corruption. [24]

Additional arguments for land reform focus on the potential environmental benefits of reform. For example, if reform leads to greater security of land ownership, through either formal or informal means, then those that use the land will be better stewards of it. [25]

Land reforms carried out in Japan, Taiwan and South Korea are credited with contributing to the industrial development. The equitable distribution of land led to increasing agricultural outputs, high rural purchasing power and social mobility. [26]

Arguments against

Many of the arguments in support of land reform speak to its potentially positive social and economic outcomes. Yet, as mentioned previously, land reform is an intensely political process. [8] Thus, many of those opposed to land reform are nervous as to the underlying motivations of those initiating the reform. For example, some may fear that they will be disadvantaged or victimized as a result of the reforms. Others may fear that they will lose out in the economic and political power struggles that underlie many land reforms. [27]

Other groups and individuals express concerns about land reforms focused on formalization of property rights. While the economic and social benefits of formalized land rights are often touted, some research suggests that such reforms are either ineffective or may cause further hardship or conflict. [28]

Additional arguments against land reform focus on concerns over equity issues and potential elite capture of land, particularly in regards to reforms focused on greater land formalization. If improperly or inadequately implemented, critics worry that such reforms may further disadvantage marginalized groups such as indigenous communities or women. [29] These concerns also lead to questions about the institutional capacity of governments to implement land reforms as they are designed. Even if a country does have this capacity, critics worry that corruption and patrimonialism will lead to further elite capture. [30]

In looking at more radical reforms, such as large-scale land redistribution, arguments against reform include concerns that redistributed land will not be used productively and that owners of expropriated land will not be compensated adequately or compensated at all. Zimbabwe, again, is a commonly cited example of the perils of such large-scale reforms, whereby land redistribution contributed to economic decline and increased food insecurity in the country. [31] In cases where land reform has been enacted as part of socialist collectivization, many of the arguments against collectivization more generally apply.

National efforts

An early example of land reform was the Irish Land Acts of 1870–1909. Most all newly independent countries of Eastern and Central Europe implemented land reforms in the aftermath of World War I. In most countries, the land in excess of certain limits (20–500 ha (49–1,236 acres), depending on the region and type of land) was expropriated; in Finland, it was redeemed and placed into a special fund. [32]

See also

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<span class="mw-page-title-main">Hernando de Soto (economist)</span> Peruvian economist

Hernando Soto Polar is a Peruvian economist known for his work on the informal economy and on the importance of business and property rights. His work on the developing world has earned him praise worldwide by numerous heads of state, particularly for his publication The Mystery of Capital and The Other Path. He is the current president of the Institute for Liberty and Democracy (ILD), a think tank devoted to promoting economic development in developing countries located in Lima, Peru.

Land reform in Zimbabwe officially began in 1980 with the signing of the Lancaster House Agreement, as a program to redistribute farmland from white Zimbabweans to black Zimbabweans as an effort by the ZANU-PF government to give more control over the country’s extensive farmlands to the black African majority. Before the implementation of these policies, the distribution of land in what was then known as Rhodesia saw a population of 4,400 white Rhodesians owning 51% of the country’s land while 4.3 million black Rhodesians owned 42%, with the remainder being non-agricultural land. The discrepancy of this distribution, as well as the overall dominance of the white population in the newly-independent but largely unrecognized Rhodesian state was challenged by the black nationalist organizations ZANU and ZAPU in the Rhodesian Bush War. At the establishment of the modern Zimbabwean state in 1980 after the bush war, the Lancaster House Agreement held a clause that prohibited forced transfer of land, this resulted in changes in land distribution from the willing sale or transfer by owners being minor until 2000, when the government of Robert Mugabe began a more aggressive policy.

<span class="mw-page-title-main">Land tenure</span> Legal regime in which area owned by an individual is held by another person

In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land "owned" by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal local customs. In other words, land tenure implies a system according to which land is held by an individual or the actual tiller of the land but this person does not have legal ownership. It determines the holder's rights and responsibilities in connection with their holding. The sovereign monarch, known in England as the Crown, held land in its own right. All land holders are either its tenants or sub-tenants. Tenure signifies a legal relationship between tenant and lord, arranging the duties and rights of tenant and lord in relationship to the land. Over history, many different forms of land tenure, i.e., ways of holding land, have been established.

Mission Zamora is an integrated land reform and land redistribution program in Venezuela, created in law by the Ley de Tierras, part of a package of 49 decrees made by Hugo Chávez in November 2001. The plan is named in honor of Ezequiel Zamora, a 19th-century Venezuelan peasant leader.

Agrarian reform can refer either, narrowly, to government-initiated or government-backed redistribution of agricultural land or, broadly, to an overall redirection of the agrarian system of the country, which often includes land reform measures. Agrarian reform can include credit measures, training, extension, land consolidations, etc. The World Bank evaluates agrarian reform using five dimensions: (1) stocks and market liberalization, (2) land reform, (3) agro-processing and input supply channels, (4) urban finance, (5) market institutions.

<span class="mw-page-title-main">Institute for Liberty and Democracy</span> Peruvian think tank

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<span class="mw-page-title-main">Agriculture in Venezuela</span>

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<span class="mw-page-title-main">Rural poverty</span> Poverty in rural areas, which are often less developed than urban areas worldwide

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<span class="mw-page-title-main">Gender and food security</span>

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<span class="mw-page-title-main">Chilean land reform</span>

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Concentration of land ownership refers to the ownership of land in a particular area by a small number of people or organizations. It is sometimes defined as additional concentration beyond that which produces optimally efficient land use.

References

  1. ↑ Batty, Fodei Joseph. "Pressures from Above, Below and Both Directions: The Politics of Land Reform in South Africa, Brazil and Zimbabwe". Western Michigan University. Presented at the Annual Meeting of the Midwest Political Science Association. Chicago, Illinois. April 7–10, 2005. p. 3.
  2. ↑ Borras, Saturnino M. Jr. "The Philippine Land form in Comparative Perspective: Some conceptual and Methodological Implications". Journal of Agrarian Change. 6,1 (January 2006): 69–101.
  3. ↑ Adams, Martin and J. Howell. "Redistributive Land Reform in Southern Africa". Overseas Development Institute. DFID. Natural Resources Perspectives No. 64. January 2001. Archived 2009-12-05 at the Wayback Machine
  4. ↑ Adams, Martin and J. Howell. "Redistributive Land Reform in Southern Africa". Archived 2009-12-05 at the Wayback Machine Overseas Development Institute. DFID. Natural Resources Perspectives No. 64. January 2001.
  5. ↑ Ghana's Land Administration Project Archived 2011-07-21 at the Wayback Machine
  6. ↑ Lund, Christian. Local Politics and the Dynamics of Property in Africa. Cambridge University Press: New York. 2008.
  7. ↑ La Croix, Sumner. "Land Tenure: An Introduction". Working Paper no. 02-13. May 2002. University of Hawaii.
  8. 1 2 Boone, Catherine. "Property and Constitutional Order: Land Tenure reform and the Future of the African State." African Affairs. 2007. 106: 557–586.
  9. ↑ Locke, John. Two Treatises of Government. Cambridge: Cambridge University Press. [1689] 1991. and Smith, Adam. The Wealth of Nations. Books 1—III. London: Penguin Books. 1999.
  10. ↑ "What is land tenure?" Food and Agriculture Organization.
  11. ↑ Dekker, Henri A.L. The Invisible Line: Land Reform, Land Tenure Security and Land Registration. Ashgate: Burlington, 2003. p. 2.
  12. ↑ "Land Law." Law and Development. The World Bank. February 23, 2007. ,
  13. ↑
    Boone, Catherine. "Property and Constitutional Order: Land Tenure reform and the Future of the African State." African Affairs. 2007. 106: 557–86. and Manji, Ambreena. The Politics of Land Reform in Ghana: From Communal Tenure to Free Markets. Zed Books: New York. 2006.
  14. ↑ Berry, Sata. "Debating the land question in Africa." Johns Hopkins University. N.d. "Archived copy" (PDF). Archived from the original (PDF) on 2012-01-13. Retrieved 2010-12-02.{{cite web}}: CS1 maint: archived copy as title (link)
  15. ↑ Boone, Catherine and N. Kriger. "Multiparty elections and land patronage: Zimbabwe and Cote d'Ivoire." Commonwealth and Comparative Politics. 48,1 (April 2010): 173–202.
  16. ↑ Meinzen-Dick, Ruth, Markelova, Helen and Moore, Kelsey. "The Role of Collective Action and Property Rights in Climate Change Strategies." International Food Policy Research Institute (IFPRI), 2010. and Economic Commission for Africa. "Land Tenure Systems and their Impacts on Food security and Sustainable Development in Africa." 2009.
  17. ↑ The Grapes of Wrath , by John Steinbeck, Penguin, 2006, 0143039431, pg 238
  18. ↑ De Soto, Hernando. The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else. New York: Basic Books. 2000.
  19. ↑ Deininger, Klaus W. Land Policies for Growth and Poverty Reduction. The World Bank. 2003.
  20. ↑ World Bank. "Regional Study on Land Administration, Land Markets, and Collateralized Lending." 2003.
  21. ↑ Moore, Jina. "Africa's continental divide: land disputes." Christian Science Monitor. January 30, 2010.
  22. ↑ Kafmbe, Anthony Luyirika. "Access to Justice: Widows and the Institutions Regulating Succession to Property in Uganda." Human Rights Review; Jul2006, Vol. 7 Issue 4, pp. 100–113.
  23. ↑ Ambasa-Shisanya, Constance. "Widowhood in the Era of HIV/AIDS: A Case Study of the Slaya District, Kenya." Journal of Social Aspects of HIV/AIDS. August 2007. 2:2, 606–615.
  24. ↑ Tettey, Wisdom, B. Gebe and K. Ansah-Koi. "The Politics of Land and Land-related Conflicts in Ghana: A Summary." Land Policy Reform Project. Institute for Statistical, Social and Economic Research at the University of Ghana. 2008. Archived 2020-03-07 at the Wayback Machine
  25. ↑ World Resources Institute. "The Wealth of the Poor: Managing Ecosystems to Fight Poverty." 2005. "World Resources 2005 -- the Wealth of the Poor: Managing ecosystems to fight poverty | World Resources Institute". Archived from the original on 2011-08-07. Retrieved 2010-12-02. and Food and Agriculture Organization of the United Nations (FAO). "Land Tenure and Rural Development." FAO Land Tenure Studies No. 3. 2002. Accessed August 21, 2010. Available: [ permanent dead link ]
  26. ↑ "Land: The Triumph of Gardening". How Asia Works: Success and Failure in the World's Most Dynamic Region. Grove Press. 2014. ISBN   9780802121325.
  27. ↑ "A chance to improve how Kenya is run." The Economist. July 29, 2010
  28. ↑ Bourbeau, Heather, "Property Wrongs." Foreign Policy. Nov/Dec 2001. Issue 127, pp. 78–79 and Nyamu Musembi, Celestine. "De Soto and Land Relations in rural Africa: breathing life into dead theories about property rights." Third World Quarterly. 2007. 28:8, 1457–1478.
  29. ↑ Drimie, Scott. "The Impact of HIV/AIDS on Land: Case Studies from Kenya, Lesotho and South Africa." Food and Agriculture Organization. August 2002. and Varley, Ann. "Gender and Property Formalization: Conventional and Alternative Approaches." World Development. October 2007. 35:10, 1739–1753.
  30. ↑ Gender in Agriculture Source Book. The World Bank, FAO and IFAD. 2009.
  31. ↑ "From breadbasket to basket case." The Economist. June 27, 2002
  32. ↑ Gediminas Vaskela. The Land Reform of 1919–1940: Lithuania and the Countries of East and Central Europe Archived 2012-03-22 at the Wayback Machine

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