This report explores the gradual disappearance of Gullah-Geechee culture in the South Carolina Lowcountry through the loss of their communally held land, known as heirs’ property. The history of African American land ownership in the South will be uncovered in order to provide a context for the current issues heirs’ property owners and land rights advocates face. The major threats contributing heir’s property loss will be examined in order to gauge an understanding of the origins of distrust Gullah-Geechee landowners harbor against outside entities. Current private and public advocacy movements will be evaluated for their effectiveness in solving the heirs’ property issue in the South Carolina Lowcountry. The report will conclude with suggestions for filling the gap between the heirs’ property community and the private and public efforts designed to preserve the Gullah-Geechee culture and way of life. / text

This dissertation analyzes the cultural significance of land relations and caste/religious identity to understand political subjectivity in Punjab, Pakistan. The ethnography details the vicissitudes of a peasant land rights movement, Anjuman-e Mazarin Punjab (Punjab Tenants Association) that is struggling to retain land rights on vast agricultural farms controlled by the Pakistan army. The dissertation argues that land struggles should not only be understood in tropes of locality, but also as interconnected processes that attend to global and local changes in governance. To emphasize these connections, the dissertation gives a relational understanding of 'politics of place' that attends to a range of practices from the history of colonial infrastructure projects (the building of canals, roads and model villages) that transformed this agricultural frontier into the heart of British colonial administration. Similarly, the ethnographic chapters relate the history of 'place making' to the present day uncertainty for small tenant sharecroppers who defied the Pakistan Army's attempts to change land relations in the military farms. Within these parameters, this ethnographic study offers a "thick description" of Punjab Tenants Association to analyze the internal shifts in loyalties and alignments during the course of the protest movement by looking at how caste, religious and/or class relations gain or lose significance in the process. My research seeks to counter the predominant understanding of Muslim political subjectivity, which privileges religious beliefs over social practices and regional identity. Another aspect of my work elucidates the symbolic exchange between the infrastructural project of irrigation, railway construction and regional modernity in central Punjab. The network of canals, roads and railways transformed the semi-arid region of Indus Plains and created a unique relationship between the state and rural society in central Punjab. However, this close relationship between rural Punjab and state administration is not void of conflict but rather it indicates a complex sense of attachment and alienation, inclusion and exclusion from the state. / text

One of the major policy objectives of the South African government is to reform land tenure and address the current inequitable dispossession of land. A key to the successful implementation of land reform in communal areas will be the recently enacted Communal Land Rights Act. This Act allows communities to be vested with juristic personality, and enables those communities to acquire and hold rights, incur obligations, and encumber the land by mortgage in the name of the community. Communities will now have a legal tenure recognized by and enforceable at law. The Act provides the mechanism for replacing old order rights with new order rights, which, in turn, may be upgraded to freehold title with community consent. While the Communal Land Rights Act is clear in its approach to providing legal security of tenure, the implementation and linking of the internal land rights within these new legal collective ownership structures to the existing formal system is still uncertain. With the flexibility allowed under the Act, this dissertation offers a simple, cost-effective alternative for the registration of land rights using the envisioned Land Clerk of the Department of Land Affairs. This option involves placing suitably equipped Land Clerks into the communities in which they serve, operating as autonomous self-sustaining contractors. Research for this project was conducted in the community of Ekuthuleni (KwaZuluNatal), where two members of the community were equipped with a portable rig and trained to perform as Land Clerks. The author and others from the University trained them in the use of a computer, scanner, printer, handheld GPS receiver, and assorted software. In addition, to allow them to function autonomously, a photovoltaic power system was set up at their residence. To assess their ability as Land Clerks, several field projects were undertaken within the community. Under the guidance of the author, these field tests involved contacting individual landowners, capturing personal and property information, and registering that data into a specially written database programme. Evidence of previous land ownership was noted and rebristered, GPS coordinates were collected and registered in the process of delineating the landowner's property, and a form reflecting all captured data was printed for the landowner's records. / Thesis (M.Sc.Eng.)-University of KwaZulu-Natal, Durban, 2007.

This thesis aims to shed light on issues related to women’s rights to access and benefit from land in matrilineal communities in rural, northern Mozambique. It portrays the environment in which organisations working with implementation of land rights operate as well as proposes conclusions on the core obstacles to their work. A qualitative study was conducted and forms the basis of the study and is complemented with previous research on this topic. Women in rural, matrilineal communities in northern Mozambique are not equal with their male counterparts and they hold a lower social position despite the alleged matrilineal structure. However, they appear to be less marginalised than women in southern, patrilineal Mozambique, which suggests that the matrilineal structure does have a positive effect on the lives of the rural women. Furthermore, this study shows that the obstacles when implementing women’s land rights can be summarised as: (i) strong patriarchal attitudes, (ii) an insufficient level of education that excludes women from decision-making and (iii) a too narrow understanding of the gender-power relations.

The return to the customary or integration of customary and statutory tenure systems to continue gain currency in both contemporary policy and academic discourses on land tenure as an alternative pathway towards enhancing security of access and tenure in the sub-Saharan African context. Central to the debates are issues concerning the relevance of customary land tenure arrangements and appropriate pathways to successfully engineer the process of harmonization toward improved tenure security whilst preserving of the communitarian principles of local tenure systems. Using two case studies in rural Ghana, this study investigated the prevailing land tenure arrangements, practices and socio-political dynamics that underpin them, highlighting the challenges and opportunities that need to be addressed for the successful adaptation of customary tenure rules and institutions into the statutory system towards improved tenure security and sustainable land management. The research employed a mixture of qualitative and quantitative methods including interviews, focus group discussions and questionnaires to collate and analyse data from sampled respondents in Kakum and Ankasa in southern Ghana. The results of the investigation revealed that contrary to the mainstream view that customary tenure arrangements are incapable of providing tenure security in the face on ongoing transformations, the perceived tenure security of respondents was generally high in the study areas. This notwithstanding, it was observed that the emerging patterns of access and control (occasioned by increasing land scarcity and commodification) have resulted in social differentiation and inequalities in land access and distribution amongst the poor and vulnerable members of the landholding groups including women and the youth. The research also showed that aside from tenure security, other important contextual factors including access to credit, modernised agricultural inputs and targeted extension service support significantly influence households' investment decisions regarding adoption of sustainable land management practices. These findings have far-reaching implications for current land tenure interventions aimed at harmonising customary and statutory tenure structures for improved tenure security and sustainable land management. Results of the investigation were used to develop a three-phase incremental framework on formalisation of customary land rights which could serve as bespoke framework to guide the design of land tenure intervention strategies and implementation towards addressing local tenure insecurity in the specific context of the study areas and sub-Saharan Africa generally. The major conclusion of the research is that balancing the market efficiency and social equity considerations is necessary and should be pursued under the ongoing land tenure reforms for inclusive and equitable outcomes at the local level. This derives from the fact that the existing tenurial challenges are complex and context-specific, equally requiring well-balanced and nuanced solutions to effectively address them.

Magister Philosophiae - MPhil / This study focuses on women's perceptions of land rights in the communal areas of Namaqualand in the Northern Cape province of South Africa. Here women farm land which they can access only through their relationships with male kin. Women's use rights are dependent on their relationships with fathers, husbands and sons; and it is virtually impossible for women to obtain land in their own names. Women's own views of rights, of access, of control and authority over land display a significant gender bias in favour of men. This study explores women's understandings and perceptions of land rights and agriculture and other forms of land use. The objectives of the study are to explore the links between patriarchal social systems and women's conservative attitudes towards holding land; and to show how current policy processes and legislation – aimed at strengthening the rights of existing landholders in communal areas – allow local customs to continue to entrench gender discriminatory practices. A small study was conducted through in-depth interviews with sixty-five women and two focus group discussions with women in Namaqualand. The scope of the study was limited to exploring the nature of women's land rights in five of the communal areas of Namaqualand; formal and informal "rules" around women's land rights; women's practices of asserting or realising land rights; challenges and opportunities that women experience in claiming their land rights; the views and understandings of women in relation to land use and its contribution to livelihoods; and how women understand the impact of current land reform policies on their access to land. For the purpose of this thesis, literature on land tenure, gender and land rights as well as on the history of the former Coloured rural reserves of Namaqualand was considered. The key findings of the study indicate that women are disadvantaged by historical norms, values and attitudes, which afford them only secondary rights to land. Yet, informal land practices – however limited – show that in some cases women are creating opportunities to gain access to land independently. For this to become the norm rather than an exception, these practices need recognition and support within the on-going land reform transformation process in Namaqualand.

This study focuses on the role that land reform policies have played and are continuing to play in promoting women’s sustainable development in South Africa. The Land Reform Policy and its related Programmes which aim to provide equitable access to land have gathered strength after 1994 and intend to promote participation and involvement of women, youth and people with disabilities. To this effect the study has investigated the effectiveness of the Land Reform Policy and the Programmes with specific reference to women beneficiaries. The topic of the thesis refers to the Land Reform Policies as opposed to only one Land Reform Policy (The White Paper on South African Land Policy of 1997) which was introduced with the aim of integrating the then three existing policies which were later renamed programmes; Redistribution, Tenure Reform and Restitution. The Land Redistribution Programme is based on the Provision of Certain Land Rights for Settlement Act, 1993 (Act 126 of 1993) and Section 25 (b) (5) of the Constitution, 1996. The programme provides for the description of land for settlement purposes and financial assistance to people acquiring land for agricultural purposes. The Land Tenure Reform Programme is based on the Upgrading of Land Tenure Rights Act, 1993 (Act 112 of 1993) and Section 25 (b) (6) of the Constitution, 1996. This programme is aimed at availing and providing security of tenure in different ways to its beneficiaries. The Land Restitution Programme has its basis on the Restitution of Land Rights Act, 1994 (Act 22 of 1994) and Section 25 (b) (7) of the Constitution, 1996. The Restitution of Land Rights Act, 1994 (Act 22 of 1994) provides for the restitution of rights in land to those dispossessed of land in terms of racially based policies of the past. This thesis will therefore make reference to the main Land Reform Policy (WPSALP, 1997) and the Redistribution Programme and its sub-programmes. The role of government has been quite critical in the establishment and implementation of the Land Reform Policies. This is fundamental especially because land reform is a national mandate. There is proven necessity that each government sphere must play its role and support each other towards achieving this call. There is potential to achieve beyond what has been achieved to date if all spheres of government and the relevant stakeholders put enough effort into this and land reform is placed centrally in all government spheres. Formal agreements are necessary between the three spheres of government on ensuring that land reform is implemented successfully and benefits its targets beneficiaries. The study revealed that previous policies and legislations purposefully neglected and isolated women as beneficiaries of any developmental initiatives. The study proved that women are still regarded as the main provider of support to their families and yet have little say in land matters. The way in which the inferiority of women was inculcated was evident in the manner in which women were complacent with their lifestyles and ability to still take care of their families irrespective of the lack of resources. The study mainly discusses the White Paper on South African Land Policy of 1997 in isolation of the other policies even though there is strong mentioning of the Constitution, 1996, the land related legislation which the programmes are based on and the RDP document as some of the policies supporting land reform. The other beneficiary categories as mentioned are equally important but the focus herein is on women. The study applied the qualitative research method towards addressing the study focus challenges. A qualitative study is defined as an inquiry process of understanding based on distinct methodological traditions of analysis that explore a social or human problem. The ability of women to own and utilise land is the focus of the study particularly in terms of promoting sustainable development for women. The desired result out of this study is an enquiry on how has the land reform empowered women towards their sustainable development, as well as what has been the process of ensuring that women have equal access to land. The qualitative research types that have been applied are a combination of case studies, literature review and unstructured interviews. An analysis of the relationship between Public Administration and land reform is undertaken by the study. Within the analysis of the relationship between Public Administration and land reform, focus is on the origin of Public Administration and sustainable development’s perspective to Public Administration. The need to maintain a balance between economic development and environmental protection to ensure generational equity is highlighted as critical for sustained livelihoods. The use of natural resources such as land in an environmentally friendly manner will ensure that future generations can utilise land for their livelihoods as well. The enquiry has revealed that there is a lot of literature on the subject of land reform. Further on, through the unstructured interviews and cases used within the study, women have made a success of the land they received even though support to utilise land was not timeously provided by the relevant Department of Agriculture. The level of education, presence of women on farms, the ability to make decisions and knowledge of business concepts contributed to the women’s success. The study revealed that previous policies and legislations purposefully neglected and isolated women as beneficiaries of any developmental initiatives. The study has proven that women were and still are regarded as the main support for their families and yet do not have any say in what happens on land matters. The way in which the inferiority of women was inculcated was evident in the manner in which women were complacent and satisfied with their lifestyles and ability to still take care of their families irrespective of the lack of resources. The study further emphasises the important role of government in the establishment and implementation of the Land Reform Policies. There is proven necessity that each government sphere must play its role and support each other towards achieving this call. There is potential to achieve beyond what has been achieved to date if all spheres of government put enough effort into this and land reform is placed centrally in all government spheres. Cooperation between the three spheres of government and the beneficiaries of land is necessary towards ensuring that land reform is implemented successfully. The thesis proposes that women should not be regarded as recipients of land only but also as contributors towards the government’s land reform. The lack of support that has been observed in the early years of land transfers to women has only delayed success of women but it did not hamper their continuous production on land. Implementation of these Land Reform Policies has supported women towards their sustainable development and improved livelihoods. The study has also revealed that some of the international countries still face challenges towards the inclusiveness of women in land related initiatives and can exchange success cases and learning with the South African models. The systems model that has been proposed by the study is based on the contribution of all the affected stakeholders and not government alone. The Land Reform Programmes have made a difference in people’s lives but there is work that is still necessary in terms of ensuring cooperation, coordination and strategies that indicate the extent to which government can support women. / Thesis (PhD)--University of Pretoria, 2011. / School of Public Management and Administration (SPMA) / unrestricted

This research explores the tensions between non-formal land access, violence and urban land policy in the post-conflict city of Juba in Southern Sudan. It departs from the conventional notion of rights to land based on property rights to a broader concept of ‘access’ to investigate the means, processes and relations within society, or ‘mechanisms’, by which individuals attempt to gain and maintain access to non-formal settlement land, how this is controlled and the connections to violence. Moving beyond current dualist frameworks used to understand informality, this research aims to unpack the formal and non-formal institutions in the city whose interplay results in unequal opportunities for individuals to access urban land and how violence is both a mechanism and outcome of this. Using a mixed methods methodology, the research was carried out in Juba and three of its non-formal settlements that have emerged at different times during the city’s approximately ninety-year history. It used mainly in-depth interviews, group discussions, participant observation, structured settlement surveys and semi-structured key informant interviews. As the ‘new’ capital of a multi-ethnic region that has experienced decades of civil war, Juba provides fertile ground to explore these issues. Firstly, by tracing the evolution of the region’s political economy the research shows how, rather than being a new phenomenon, exploitation by government and violence have been integral features of urban land management in the region. Secondly, by considering Juba’s development it shows how violence underpins contemporary settlement patterns in the post-conflict period. Thirdly, by providing case studies of three non-formal settlements it details the evolvement from a sense of community to more segregated practices where land access is becoming highly ethnicised, reflecting broader tensions in the region. Finally, it shows how both ethnic tensions and unclear legislation are being instrumentalised by a web of powerful actors who, whether through coercion, deception or violence, are undermining urban planning in the post-conflict city for their own benefit, and hence the ability of non-formal inhabitants to access land. The research concludes that partly due to the formative nature of institutions controlling urban land access, violence has not ended in the post-conflict period but remains integral. Nevertheless, whilst approaches to non-formal settlements may be seen as a consequence of the persistence of dysfunctional institutions, it also relates to the post-conflict political economy that is emerging in Southern Sudan and the extent to which urban land access is facilitated by connections with the urban political or military elite. As a result, for hundreds of thousands of internally displaced persons, returnees, combatants and ex-combatants the ‘peace dividend’ is compromised. In an urban environment hostile to their presence, they have no choice but to settle in non-formal settlements that, rather than being a solution to their shelter needs, leave them exposed to exploitation by a range of powerful actors.

The thesis interrogates how the political dynamics that emerged in the formulation of the 2016 land legislation in Malawi influenced the gendered outcomes. It highlights the complexity of the policymaking process that was shaped by divergent interests and power dynamics of the stakeholders. It argues that although the interests and agenda complicated the process, their discourses were framed and justified their positions within the development and gender equality framework. It highlights the progressive nature of the socio-legal provisions in the legislation by significantly recognising and promoting women’s land rights. It contends that advances in legal institutions are essential; however, for inclusive transformation to be sustainable, changes in social and cultural practices and norms are imperative. This is because Malawian women continue to face exclusion in owning, controlling and accessing land albeit being the major agricultural producers. This is owed to the persistence of patriarchal attitudes in institutions that perpetuate contestation in the public and private spheres of women’s rights to access, own and control over land. Such is persistent particularly within customary laws which remain sites of struggle between traditional leaders’ claims and women’s societal positions. Hence, creating enabling environments for women will allow them to articulate their political voices and agenda and as such influence policy and legal formulation. Through a multi-faceted approach encompassing of legal pluralism, feminist perspectives on gender and development, and the theory of change, the paper discusses the complexity of policymaking that has been shaped by interests and power. For instance, most chiefs contested against their limited powers and the inclusion of women in land administration issues as stipulated in the new Land Laws, while CSOs advocated for the laws to be people-centred, gender-sensitive and responsive to women’s needs. Also, International organisations were interested in ensuring that there is improved land governance framework and its implementation is in line with VGGT. Thus, apparent realities emerge from the analysis of these political dynamics within the adoption of the 2016 Land Laws: the differing stakeholders’ agenda and how they all pressed on advancing their agenda. Nonetheless, gender equality and development discourse was an aspect that was apparent in the debates.

The purpose of the project is to create a model for improved and expanded participation in an activist network, The Ada Songor Salt Women's Association (ASSWA) by enhancing communications. ASSWA is an organization of Brave Women (Yihi katseme) salt winners from the Songor lagoon area in south eastern Ghana. They are committed to ensuring that the lagoon and its harvest is a resource for all. ASSWA has found over time that to defend the lagoon and the livelihood of the 45 communities around it, requires that they articulate the experiences and demands of women and marginalized members of the community. This study exmines communications of the ASSWA network within the context of Communications for Change. describes the dialectic within the network, how members discuss issues and resolve differences, how they define and articulate their programmes and demands. It examines if the mobilisation and activism of poor rural women can challenge the dominant discourses of traditional development and patriarchy. Key to learning is abstraction, the linking of issues and abstracting of the problematic causative mechanisms, the project studies this process within the ASSWA context by looking at how the network and its members link their struggles with broader social movements within Ghana and beyond. The continued agency of the ASSWA is challenged by the poverty of the community within which it operates and by its ability to communicate effectively locally, nationally and internationally. As it stands now, the organisation is active but long-term sustainability may be compromised by the lack of dialogic interactions at all levels of engagement. This paper creates a model (theory) for more active participation in based on their identified priorities, needs and requirements, in such a way as to promote ‘power participation’. The research was conducted using a critical realist ontological framework and qualitative interview research methodologies