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3.5 Land Conflicts and Possibilities for Reconciling Differing Interests
The causes of
land conflicts are many and involve many actors. Solving
land tenure conflicts and finding possibilities for reconciling differing interests must,
therefore, follow respective cultural-specific norms and guidelines and include
institutions on different levels. The chances for success at finding solutions are low if
the influence of power groups on the law leads to the manipulation of constitutional
authorities, if legal claim and the legal reality with regard to the ability of
autochthonous and "modern" institutions are blatantly far apart from one
another, and if those immediately affected cannot participate enough. |
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3.5.1 Dimensions of Conflicts
Spectacular,
violent conflicts over land have a high degree of interest for the media around the world
as opposed to the forgotten daily disputes over arable land,
land for construction, pastures, rights to use the forest and water rights. The conflicts hinder an efficient sustainable land use,
undermine existing social relationships and enforce the disbelief of the afflicted due to
government failure.
The uprising in Chiapas, Mexico, the land disputes in Brazil with more
than 1000 deaths in the recent past, the outbreaks of violence in Ghana, Senegal or Niger
and the frequent use of force in the Philippines as a result of land reform demand fundamental political and international approaches for
solutions.
If 40% of the households in Nicaragua are involved in acute or
simmering conflicts over land titles and disputes and if conflicts between the locals and
the immigrants over boundaries between "adat" and "public law" smolder
in Indonesia, then there is a need for action. Contributions for de-escalation must be
offered and permanent and more stable authorities trusted by both sides should be
strengthened.
In Mozambique, an African transforming country, multileveled land
conflicts hinder economic and social development. |
Spectacular
violent outbreaks and the daily conflicts over land |
| Land tenure conflicts in Mozambique Land tenure conflicts in Mozambique occur
primarily between the following:
The state and smallholders (and in some cases larger commercial
interests) due to expropriation of lands by the state and over state farmland that smallholders have occupied as squatters, laborers or former owners,
The state and commercial producers over land alienated more than once
by the state and over short-term leases,
Competing private commercial producers,
New commercial producers and returning Portuguese interests or
between new commercial interests and old Mozambican capital from the colonial period,
Joint venture enterprises and private commercial interests,
Commercial interests and those of smallholders,
Smallholders, particularly between displaced or reintegrating and
local (native) populations,
Government and the opposition parties over the distribution of land
concessions outside the scope of the law in their respective zones of influence.
(Myers 1995:30) |
In Indonesia, a country with high economic and population growth, rapid
sectoral change and advancing urbanization, the problems
have in part totally different causes.
| Land tenure conflicts in
Indonesia Land tenure conflicts in Indonesia
occur primarily between the following:
Recognition of Adat rights in government
development projects,
Conflicts over compensation payments,
The local population and migrants,
Transfer of land titles to farmers,
State-supported and spontaneous
migrants,
Between agricultural and forestry
enterprises, the local population and the state,
Differing objectives and interests of
the various government departments.
(Löffler 1996:41) |
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