Guiding Principles:
Land Tenure in Development Cooperation

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Orientierungsrahmen:
Bodenrecht und Bodenordnung

Deutsche Gesellschaft
für Technische Zusammenarbeit
Abt. 45 / Div. 45

 

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2.1.2 Regional Focal Points

These global trends are combined with acute region-specific highlights.

The current agrarian structure and land tenure in "long-settled" regions of Latin America are the result of the contradictions from colonial times between the large landholders on the one hand (latifundium) and the smallholders (minifundium) on the other hand (Thiesenhusen 1995). In addition, there are forms of ownership created in the newer agricultural colonization period around the change of the 20th century that have been emphasized since the 1950's especially in the humid tropical lowlands. An increase in the transition of commercial farmers to modern agriculture has been noted as well. Although there has been an increase in production as a result, its economic dynamics have hardly improved the social problems.

Despite migration to the cities, population pressure is on the rise in many rural areas. In addition, the divided inheritance of land intensifies the situation as it has a devastating effect on the minifundium. Migration, promoted in part by the government, to available land reserves of the savanna and tropical rain forest can at most buffer or delay the resulting social tension. Besides government-supported programs, spontaneous, not planned migration is also increasing. Illegal occupation of land (squatting) is not only concentrated on state property or communal land of indigenous groups in the humid tropical lowlands. Since the 1950's, land occupation of private property in the "areas long settled" is also rapidly rising (Mertins 1996).

Increasing land conflicts lead more and more to severe tension that is released by regular public violence. In the last decade, approximately 1000 people were killed in fighting for land in Brazil alone. In many countries the indigenous communities are especially affected.

Latin America

Population growth, market integration, land degradation, the introduction of modern production methods and urbanization are causing land shortages to be an issue more frequently also in Africa. Colonial and national government land policy interventions have accelerated the breakdown of autochthonous communal land rights. Together they have intensified the dispute about access to land. The juxtaposed existence of autochthonous and "modern" structures, values and legal systems weaken each other. A lack of orientation and lawlessness is thus propagated (Kirk 1998a, Münkner 1996). The dissolution of autochthonous land tenure causes especially the poorest to lose their social security. In many regions the low productivity on the smallest plots is resulting in increasing numbers of families not being able to meet their needs from farming, so they are migrating to cities to improve their living situation.

Conflicts of land use and access to land within and between countries are increasing in number and violence. In many regions these conflicts escalate to civil wars particularly along ethnic boundaries. In the Northern part of Ghana, over 2000 people died in 1994 due to land conflicts and a quarter million fled. Streams of refugees effect new land conflicts with the result that the danger of further escalation is inherent (e.g. in Burundi, Rwanda, Rep. of Congo).

Africa

Production increase due to the "Green Revolution", experiences of millions of migrants (primarily to the oil-producing countries) and the positive economic development have caused the stagnation in numerous rural Asian areas to be overcome since the end of the 1960's. Simultaneously, however, the farm size has further decreased due to population pressure and partitioning of holdings (Kuhnen 1995). Already, approximately three-fourths of all Asian farming households no longer have enough land at their disposal to live at the subsistence level. Nevertheless, in some Asian countries (like the Philippines), the potential for agrarian reform in the sense of expropriation of large landholders and a redistribution of land remains.

The interest in farming is decreasing due to further reduction in the amount of arable land a family has. In time, mechanisms for the transfer of land to households that desire to farm will be necessary.

In many regions land is being assigned new functions. Due to the increasing urbanization and industrialization, ever increasing amounts of arable land in suburban areas are being transformed into housing areas, industrial areas, infrastructure projects and recreational areas. This conversion of land is a trigger for conflicts over and over again because urbanization affects fertile land in the lowland areas much more than marginal land.

In some Asian countries as well, the overlapping of different legal systems like national laws and autochthonous rights leads to conflicts and insecurity (e.g. Indonesia and Malaysia).

Photo 3: Rice terraces in Indonesia

Asia
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(Source: U. Scholz)

A far-reaching restructuring process through the transformation of an economic system with central planning into market economies was the result of the political and economic collapse of the centrally planned economies in the former Soviet republics and in Central and Eastern Europe. The model for the future foresees organizational forms that are decentralized and have market-oriented incentives. However, they are not necessarily exclusively private property-based (Csaki & Lerman 1996). In all countries undergoing transformation, the rural population and the decision-making bodies fear the risks of individual land cultivation of family farms and the risk of giving up the security of the former state-owned farm. The reservations against collectives, such as production cooperatives, negative distribution effects and the social consequences of deregulated land markets are great. It is expected that land concentration might increase; land speculation might occur on a large scale; land will be sold out to powerful urban groups and financially strong international investors; and ethnic conflicts over land will take place. The complexity required for a reformed land tenure system is often too much to handle for the administration and judiciary concerned with the transformation.

Transforming economies

 

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