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Making Law Work: Restructuring Land Relations in Africa

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  • Patrick McAuslan

Abstract

This article explores a number of issues concerning the appropriate role for the law to play in the restructuring and reform of land relations and land tenure in Africa. Given current (external) donor tendencies, and (internal) pressures for reform from within, this is a particularly topical issue: in seeking to explore it, the author draws on his own experiences and involvement in land law reform, as well as other sources of information, concentrating on countries and events in Eastern and Southern Africa. After examining various models and country experiences, the article concludes that, while there is no single ‘right way’ to tackle land tenure reform in Africa, there are a number of factors which may be crucial to success, and in which the law—and lawyers—can play a vital role.

Suggested Citation

  • Patrick McAuslan, 1998. "Making Law Work: Restructuring Land Relations in Africa," Development and Change, International Institute of Social Studies, vol. 29(3), pages 525-552, July.
    • Handle: RePEc:bla:devchg:v:29:y:1998:i:3:p:525-552
    DOI: 10.1111/1467-7660.00088
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    Cited by:

    1. Congdon Fors, Heather & Houngbedji, Kenneth & Lindskog, Annika, 2019. "Land certification and schooling in rural Ethiopia," World Development, Elsevier, vol. 115(C), pages 190-208.
    2. Alemu Mekonnen & Hosaena Ghebru & Stein T. Holden & Menale Kassie, 2013. "The Impact of Land Certification on Tree Growing on Private Plots of Rural Households: Evidence from Ethiopia," Palgrave Macmillan Books, in: Stein T. Holden & Keijiro Otsuka & Klaus Deininger (ed.), Land Tenure Reform in Asia and Africa, chapter 13, pages 308-330, Palgrave Macmillan.
    3. Klaus Deininger & Daniel Ayalew Ali & Takashi Yamano, 2008. "Legal Knowledge and Economic Development: The Case of Land Rights in Uganda," Land Economics, University of Wisconsin Press, vol. 84(4), pages 593-619.
    4. Zaid Abubakari & Christine Richter & Jaap Zevenbergen, 2020. "Evaluating Some Major Assumptions in Land Registration: Insights from Ghana’s Context of Land Tenure and Registration," Land, MDPI, vol. 9(9), pages 1-14, August.
    5. Abubakari, Zaid & Richter, Christine & Zevenbergen, Jaap, 2018. "Exploring the “implementation gap” in land registration: How it happens that Ghana’s official registry contains mainly leaseholds," Land Use Policy, Elsevier, vol. 78(C), pages 539-554.
    6. Deininger, Klaus & Ali, Daniel Ayalew & Holden, Stein & Zevenbergen, Jaap, 2008. "Rural Land Certification in Ethiopia: Process, Initial Impact, and Implications for Other African Countries," World Development, Elsevier, vol. 36(10), pages 1786-1812, October.
    7. Adekola, Oluwafemi & Krigsholm, Pauliina & Riekkinen, Kirsikka, 2021. "Towards a holistic land law evaluation in sub-Saharan Africa: A novel framework with an application to Rwanda’s organic land law 2005," Land Use Policy, Elsevier, vol. 103(C).
    8. Sikor, Thomas & Müller, Daniel, 2009. "The Limits of State-Led Land Reform: An Introduction," World Development, Elsevier, vol. 37(8), pages 1307-1316, August.
    9. Yewande Adetoro Adewunmi & Uchendu Eugene Chigbu & Uaurika Kahireke & Prisca Simbanegavi & Sam Mwando & Amin Ally Issa & Samuel Hayford, 2023. "A Multi-Faceted Approach to Improving Public Services in Low-Income Housing in Windhoek, Namibia," Sustainability, MDPI, vol. 15(6), pages 1-25, March.
    10. Chikaya-Banda, Janet & Chilonga, Davie, 2021. "Key challenges to advancing land tenure security through land governance in Malawi: Impact of land reform processes on implementation efforts," Land Use Policy, Elsevier, vol. 110(C).
    11. Baye, Temesgen Gebeyehu, 2018. "Property Rights and Their Implications on Agricultural Productivity in Ethiopia: A History," Ethiopian Journal of Economics, Ethiopian Economics Association, vol. 27(01), April.
    12. Adewunmi, Yewande & Chigbu, Uchendu Eugene & Mwando, Sam & Kahireke, Uaurika, 2023. "Entrepreneurship role in the co-production of public services in informal settlements − A scoping review," Land Use Policy, Elsevier, vol. 125(C).
    13. Ellen Bassett, 2020. "Reform and resistance: The political economy of land and planning reform in Kenya," Urban Studies, Urban Studies Journal Limited, vol. 57(6), pages 1164-1183, May.

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