By Allan Cain, Development Workshop Angola

* This article was originally published as part of the online discussion on customary law in Southern Africa

WHY REJECT CUSTOMARY LAND PRIVATISATION 

Most of the world’s land is still stewarded by communities under customary systems. Billions of people rely on communally managed farmland, pasture, forests and savannahs for their livelihoods. 

This collective management of resources is viewed in the colonial or capitalist economic model as an obstacle to individual wealth creation and private profit. 

In the second PhD session of the LANDac Conference 2021, three PhD researchers presented their work in progress. We learned about slums in Abuja, Nigeria, about forest rights in India, and about the relation between inequalities in soil fertility, gender, and access to subsidies. Each presentation was discussed by an expert from the LANDac network.

Key Takeaways

Over time, land registration has been associated with a diversity of desired outcomes, ranging from modernization and the promotion of sustainable agricultural production to protection of the livelihoods of small-scale producers notably women, peacebuilding or even nurturing good practices of local governance. In this session we have discussed, for a range of settings: How confident are we about the results of registration and formalization program? How have they been justified and have the ambitions been reached?

The world has changed in the year and a half since Habitat for Humanity closed Solid Ground, a 4-year global advocacy campaign to increase access to land for shelter. The significant impacts of the COVID-19 pandemic and its economic fallout are still unfolding. The Solid Ground campaign helped to change policies and systems to improve access to land for shelter for over 12 million people.

This panel took a critical look at the land governance orthodoxy that has consolidated on the heels of the financial crisis and outcry over "global land grabs" at the end of the 2000s.

This session brought together colleagues from different organizations working in the broad field of land rights, discussing lessons and experiences from working in crisis mode, in fragile and conflict affected settings. The participants shared experiences, challenges they faced especially during Covid, the solutions they found and critically reflected on shortcomings and unsolved issues.

Although land reform has been a priority area of the government, land use planning has always remained under the shadow of revenue collection and land distribution.

Landscape restoration creates opportunities for securing the land and natural resource rights of local land users as well for improving soil health, sequestering carbon, and enhancing biodiversity.

Summaries and selected replays from the 3rd Mekong Regional Land Forum are available below. Full replays of the plenary sessions will be posted shortly -- check back soon!

Instruments like the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) are "voluntary", i.e., legally non-binding. These instruments are intended to have a direct influence on the governance of the tenure practice of states by providing an internationally recognized set of principles, and by simultaneously encouraging good practices.

To better understand key land tenure terms and their meaning, four bilingual glossaries have been prepared with the title "The ABC of land tenure - Key terms and their meaning with a focus on the Voluntary Guidelines and the Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security".