Facts on Lands Rights in Africa
Land Rights and Common Property
- Common property is not simply public land, but rather the property of all members of a group or community. Governments often face the choice of either individualizing ownership of these resources-which risks excluding the poor-or empowering communities to govern them. ("Land Tenure, Land Reform, and the Management of Land and Natural Resources in Africa," Land Rights for African Development: From Knowledge to Action, CAPRi, 2006).
- In many African countries, the social rules of a community, or customary law, oversee the use and ownership of common property. These rules can provide poor households with greater access to land and tenure security. ("Land Tenure, Land Reform, and the Management of Land and Natural Resources in Africa," Land Rights for African Development: From Knowledge to Action, CAPRi, 2006).
- Research has shown that government land titling programs do not always provide stronger security than customary laws, and may even be a source of insecurity for women and poor households with limited access to obtain government land registration. ("Understanding Property Rights," Collective Action and Property Rights for Sustainable Development, CAPRi, 2004).
Land Rights and Women
- Often regarded as the keepers of the environment, women in Africa tend to produce and prepare food for the household as well as exchange knowledge about natural resource management. Despite this role, many women are prevented from owning land and instead must gain access through male relatives. ("Land Tenure, Land Reform, and the Management of Land and Natural Resources in Africa," Land Rights for African Development: From Knowledge to Action, CAPRi, 2006).
- Widowed women in Africa traditionally do not inherit land from their husbands, but are allowed to remain on the land until death or remarriage. Over the past decade, this social safety net has eroded as male heirs tend to sell the land, leaving widows landless. ("Gender Issues in Land Tenure under Customary Law," Land Rights for African Development: From Knowledge to Action, CAPRi, 2006).
- IFPRI research has found that strengthening women's rights to property and other assets has a positive effect on agricultural productivity, household welfare, and women's decision-making power. (Governing Land: Reflections from IFPRI Research, IFPRI, 2006).
Land Rights and Poverty
- The most vulnerable and marginalized rural groups in Africa often lack access to land. Ensuring their rights to even small plots of land can provide a basic level of food security and serve as collateral for credit. ("Overview," Collective Action and Property Rights for Sustainable Development, CAPRi, 2004).
- For those poor with land, weak and insecure rights undermine incentives to invest in the land and use it in a sustainable manner. ("Strengthening Property Rights for the Poor," Collective Action and Property Rights for Sustainable Development, CAPRi, 2004).
- The poor in Africa rely heavily on common resources, such as forests and pastures, which may only be secured by strengthening community property rights, not individual. ("Strengthening Property Rights for the Poor," Collective Action and Property Rights for Sustainable Development, CAPRi, 2004).
Land Rights and the Environment
- With secure land rights, the poor are more likely to consider environmentally sustainable practices when making long-term decisions over land use. ("Overview," Collective Action and Property Rights for Sustainable Development, CAPRi, 2004).
- In East Africa, IFPRI research has found that adoption of sound land management practices was stronger when local communities controlled natural resources. In Uganda, compliance with such practices increased when enacted by local councils, not central authorities. (Governing Land: Reflections from IFPRI Research, IFPRI, 2006).
- Studies have found that efforts by national governments to impose uniform rules on large stretches of land involving diverse ecological systems have frequently led to worsening environmental conditions rather than improvements. ("Understanding Collective Action," Collective Action and Property Rights for Sustainable Development, CAPRi, 2004).