CUSTOMARY LAND RIGHTS IN THE CONTEXT OF URBANISATION AND DEVELOPMENT Emmanuel O. Akrofi Department of Geomatic Engineering, Kwame Nkrumah University of Science and Technology, Kumasi, Ghana. Jennifer Whittal Geomatics Division, University of Cape Town, South Africa. & https://juta.co.za/products/land-law-and-governance-african-perspectives-on-land-tenure-and-title/
PRESENTATION OUTLINE Introduction African Concept of Land Methodology Land Tenure in Ghana Land Administration Customary Tenure Conclusions
INTRODUCTION Traditional tenure : - time immemorial applied by the same group of people in the same area Customary tenure :- evolves from traditional practices and may continue to adapt over time Communal tenure: - not individualised but have components of social tenure. They may not based on customary law nor dependent on traditional institutions for administration.
INTRODUCTION Land holding in Africa had mostly been customary managed by groups sharing the same cultural identity. Thus, land does not only support livelihoods but it is also a criterion for group identification. Ownership of land is vested in the community, with individuals enjoying user rights.
AFRICAN CONCEPT OF LAND Living Land ownership unborn ancestors
METHODOLOGY This research is underpinned by the Land Management paradigm encompassing land tenure, use, value and development in a holistic manner. A case study strategy is adopted In-depth exploratory design involving review of literature A mixture of structured and semi-structured questionnaires to identify respondents perception of tenure and documentation
RESPONDENTS HOUSEHOLDS KEY INFORMANTS Indigenes Non-Indigenes Total Male Female TOTAL 45 167 212 Traditional leaders 7 0 7 Female Male Total 52 160 212 Council of elders 6 0 6 Indigenes (elderly) 6 6 12 Surveyors 4 0 4 Physical Planners 2 1 3 Registrar 1 0 1 Total 25 7 33
Random and purposive sampling were used to select various categories of respondents Interviewees were questioned about their land rights, documentation and perceived security of tenure. Key informants discussed their perception of customary tenure, major challenges eg. land rights of women and other marginal groups (youth, poor), documentation and dispute resolution.
LAND TENURE IN GHANA Allodial Title (traditional leader) Customary freehold (indigenes) Common law freehold Indigenes/strangers Share cropping (indigenes/strangers) Seasonal tenancies (indigenes/strangers) Leasehold and other lesser tenancies (indigenes/strangers)
LAND ADMINISTRATION IN GHANA About 80% of land in Ghana is Customarily owned, Customary Institution (Traditional leaders) land delivery Statutory Institutions (Lands Commission, Town and Country Planning, District Assemblies) Development control, registration
CUSTOMARY TENURE Land under customary tenure in times past: no written records/survey plans/registration Security of tenure depended on: Publicity during transfer; occupancy, oral tradition Fuzzy boundaries between different families holdings. Does it have to remain the same? No! Customary tenure is flexible and dynamic. Land is accessed by negotiating with the respective customary land owner (depending on the size and use).
DOCUMENTATION Allocation Note Ekyem Cadastral Plan
DISBURSEMENT OF CUSTOMARY PERI-URBAN LAND PROCEEDS DRINK MONEY Benefactor Percentage Golden Stool 33.33 Chief 13.33 Local Stool 13.33 Indigene 13.33 Community Dev. 13.33 Council of Elders 13.33 TOTAL 100 RENT/DUES/ROYALTIES Benefactor Percentage OASL 10 Maintenance of Stool 22.5 Traditional Authority 18 District Assembly 49.5 TOTAL 100
PERCEIVED TENURE RESULTS Tenure No response Customary freehold Common law freehold Lease Total Frequency Percentage (%) 1 0.5 59 27.8 111 52.4 41 19.3 212 100
RESULTS-DOCUMENTATION ON ACQUIRED LAND. Document Frequency Percentage (%) Allocation paper 4 1.9 Allocation paper and site plan 105 49.5 Allocation paper, site plan and lease 31 14.6 Allocation paper + site plan + lease + land title certificate 54 25.5 No documents 6 2.8 Site plan 9 4.2 No response 3 1.4 Total 212 100
DEVELOPMENTS ON CUSTOMARY LAND Does these developments on customary land show and signs of insecurity of tenure? AYEDUASE EKYEM
PERI-URBAN DEVELOPMENT CHALLENGES Rapidly changing land use. Fast and unplanned development. Increasing land value and land conflicts. Land tenure insecurity for poor indigenes. Development precede planning. Planning and building guidelines and regulations not enforced.
LAND CONFLICTS Land use conflict Ownership verses Planning Control
GHANA, BOTSWANA AND NAMIBIA Constitutional and legislative provisions safeguarding customary land holdings Multiple tenure options (customary, leasehold & freehold) Local government incapacity Shortage of development professionals Overlaps and conflicts between local governments and traditional leaders
USEFUL LESSONS Land Boards BOTSWANA Flexible land tenure system (FLTS) Starter title Landhold title NAMIBIA Final destination Freehold Final destination Freehold
CONCLUSIONS Customary tenure continuously adapts and so lives on despite numerous challenges. Alternative land administration systems and tenure options from Namibia and Botswana, although instructive, do not provide the answers to Ghana s periurban land problems. These perceived innovations to customary tenure may eventually extinguish customary rights and deny the indigenous poor their right to land. Customary administration in Ghana may, however, have the potential to deliver on the key goals of flexibility/adaptability, local accountability and administration, minimising costs and retaining existing customary land rights in the face of challenges. Furthermore, it is best positioned to retain and build on the social relationship between individuals, families, communities and the land.
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