Pdf customary land tenure dynamics at periurban ghana. Dec 01, 2008 a study of the customary land tenure system in ikorodu was necessitated because of the strategic nature of ikorodu in land. Generally, the land tenure system in africa and ghana in particular is such that, land use and its control in the precolonial era and postcolonial era was mostly in the hands of men. The issue of land tenure, allocation, distribution and management since the colonial times has been a bone of contention often leading to conflict as people scramble for the fertile, mineral deposited lands in the republic of ghana. Assessing customary land tenure institutions for land. An important difference between open access and communal systems is that under a communal system nonmembers of the community are excluded from using. There are various types of land tenure systems in uganda under under which citizens and foreigners can buy land, own and utilize it. It is confronted by a lot of constraints such as insecurity of land tenure, inadequate land policy, indiscipline in the land market. Review of existing land tenure arrangements in cocoa growing areas and their implications for the cocoa sector in ghana submitted by dr. It argues that improving the current land tenure policy demands integration of customary land law and. Ghanas population as at the 2000 population census stands at 18.
The lands commission, established under the 1971 lands commission act, as provided for by the constitution, is the authority mandated to regulate the size and duration of land transfers as well as to judge their fairness. Ghana of the stool, skin or family concerned, and are accountable as fiduciaries in this regard. The land tenure system in ghana depicts the law of the jungle only the fittest of the fit can survive. The different types of land tenure and the land administration prevailing in ghana today. Customary land tenure system in ghana and its problems yen. Ethiopia experiences a fierce political debate about the appropriate land tenure policy. This paper has analysed the role played by customary land secretariats in promoting good local land governance in ghana. Assessing customary land tenure institutions for land administration in ghana. Several case studies were conducted in ghana that empirically analyzed the impact of increased tenure. Land tenure system has got its specific importance for the development of agriculture.
Richard ampadu expert in land tenure reform and customary claims. Customary land tenure and its implications for land disputes in ghana. Managing these systems to ensure tenure security for all levels of society has been a formidable challenge to ghanas legal system. Land tenure and related institutions gender and land rights. It argues that improving the current land tenure policy demands integration of customary land law and customary authorities into the statutory system. This is a system whereby a person pays a certain sum of money for the right of ownership of a piece of land. Land tenure practices, mineral titles and asm activity. Exploitative administrative practices have been a longstanding source of tenure insecurity in some countries. After describing why and how customary property practices are central to the economic viability of any property system, the note gives a brief overview of. The government of ghanas 1996 water resources commission act vests ownership of all water in the state, which is also responsible for its control and management. Land tenure system in nigeria has been described as those systems which represent the relationship of man in society to land even though actual patterns may differ from community to community but there are certain uniformities of type in relations involved which make it possible to apply a common scheme of analysis 1 6.
The act also gives the state the power to grant water rights. The indigenous land tenure and nationalization of land in nigeria. The sustainable community management, utilization and conservation of mangrove ecosystems in ghana, is a preproject. Resilience of customary land tenure and management systems customary land tenure systems and management mechanisms remain strong, dynamic and. In ghana, statutory laws governing water tenure have replaced andor augmented customary rules. The effects of existing land tenure systems on land use in kenya today chege waiganjo and paul e. In this article we will discuss about land tenure system. Land tenure and economic development in rural south africa. After the fall of the socialist derg regime in 1991, land property rights have remained vested in the state and only usufruct rights have been alienated to farmers to the disappointment of international donor agencies. Ghana as a country has a peculiar land tenure system. Land acquired through this means can be used for any means. The flexible land tenure system flts is an innovative concept to provide affordable security of tenure to inhabitants in informal settlements in namibia the basic idea of the flexible land tenure system is to establish an interchangeable tenure registration system parallel and complementary to the current formal system of freehold tenure.
Influence of land tenure practices on artisanal mining. Debates on land rights in west africa tend to focus on customary forms of land tenure based on social norms rather than written documents they often disagree with state laws. Land tenure policy and economic development in ghana joseph blocher this note addresses the intersection of customary and statutory land law in the land tenure policy of ghana. Acquired land in four african countries, january 2004march 2009 2. The ndc government realised as far back as 1994 that the time for debate is over, and the time for action has come. Two of these operated nationwide while the others followed the usual north. Review of existing land tenure arrangements in cocoa. Under the customary land tenure system in ghana, control over resources, generally. Both male and female can acquire land provided the price is paid. This paper examines the land tenure system in ghana and its impact on the environment. The role of customary land secretariats in promoting good. However, though this type of tenure allows for agricultural production, it nevertheless impedes on it because the lineage head might not be interested in agriculture at a particular time. Estimating the economic benefits of tenure reform 26.
About 80 percent of land in ghana is under customary tenure pande and udry 2005. Apr 30, 2009 ladies and gentleman, the issues and challenges of land tenure and reform in africa are very complex and more than often bewildering minefield. Research from the university of london in the uk examines how legal pluralism might compare to a single state system for land rights in ghana and cote divoire. The land problem in namibia is a direct result of the land policy of the apartheid colonial system that created imbalances in property relations in the territory. Up to date, land acquisition in ghana is not smooth and easy. Cases from wa, wechau and lambussie dominic tuobesaane paaga department of african and general studies university for development studies p. There are many different types of land tenure, including private and public ownership, and each type of land tenure comes with a bundle of rights for the use and disposition of the property. Dec 27, 2018 land tenure is another phrase for land ownership, frequently used outside of the united states. Investor profile in ethiopia, ghana, madagascar and mali, january 2004 march 2009, by land area acquired.
Good governance perspective case study of gbawe, greater accra, ghana. Gender and the land access and tenure security project. The system of land administration in the country is currently undergoing restructuring under the land administration project lap, initiated in 2003. Assessment of land tenure related constraints to cocoa productivity in ghana 1 executive summary between april 11 and april 23, a team the team consisting of two members of usaids land tenure and resource management office, stephen brooks and yuliya neyman, a member of the world. The issue of land tenure especially customary land tenure practices and how it influences artisanal mining activity in ghana is not only complex and challenging but also one that has received little attention in terms of policy or research. Customary land administrator in ghana challenges and prospects shaping the change xxiii fig congress munich, germany, october 8, 2006 211 customary land administrator in ghana challenges and prospects matilda esi fiadzigbey, ghana 1.
Access to and tenure of land were among the most important concerns of the namibian people in their struggle for independence. The focus of the land reform strategy is to have procedural safeguards and regulations that ensure the land administration system reflects the will of the. The land tenure system in ghana is an amalgam of customary rules and. The main forms of land tenure systems are explained and the positive and negative impacts of each of these forms on the environment analysed. Its components are the system of land ownership and system of labour organization. Understanding these as well as our post on how to avoid land litigation will help to prevent any struggles when you decide to acquire land. Box 520, wa, ghana abstract land disputes remain a major hindrance to land use and tenure security in most parts of ghana. Tenure reform measures required to overcome constraints to economic development 24 5. Land tenure policy and economic development in ghana. Acta universitatis agriculturae et silviculturae mendelianae brunensis, 646. Accra was selected because it is the capital city of ghana with more complex land tenure ownership and registration procedures which slows investment and development.
Customary land administrator in ghana challenges and. Land in ghana is held from various stoolskin lands, families or clans, which are the allodial owners. Land tenure policy and economic development in ghana joseph blochert this note addresses the intersection of customary and statutory land law in the land tenure policy of ghana. Land can either be owned in perpetuity or for a given period of time. This blog has outlined the different types of land ownership in ghana.
It used the wa central customary land secretariat in the wa municipality as a case study to illustrate how it operates in relation to good land governance. Types of land tenure systems in uganda land ownership in uganda. The study as afforded me the opportunity not only understand the basics of land tenure system in ikorodu land but also the foundation of land tenure system in other part of yoruba land and nigeria as a whole. Reviewing the fate of customary tenure in africa rights and. The institutional arrangements for land tenure in ghana can be.
396 167 228 704 655 1097 1091 658 475 99 1450 1475 1324 527 1075 972 1017 407 951 826 774 176 1186 136 809 576 995 603 915 784 779 733