Handbook of African Development by Binns Tony; Lynch Kenneth; Nel Etienne & Kenneth Lynch & Etienne Nel

Author:Binns, Tony; Lynch, Kenneth; Nel, Etienne & Kenneth Lynch & Etienne Nel
Language: eng
Format: epub
Publisher: Routledge
Published: 2018-03-27T16:00:00+00:00

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Conclusion

Land tenure in Africa is a diverse array of arrangements that embody the influences of environment, land use, ethnicity, lineage, history, trade, power, politics, mythologies and ideologies. While the different arrangements are not always compatible, they are adaptable to varying degrees in response to changing contexts and interactions with other forms of tenure. It is this adaptability, together with past attempts to replace some forms of tenure with others through law, that has led many prominent thinkers (such as John Bruce, Shem Migot-Adholla and Joan Atherton) to embrace the ‘adaptation paradigm’ of land tenure change on the continent. This paradigm holds that the different forms of tenure, especially the broad statutory/customary constructs, will co-evolve progressively over time to ultimately include all or most land users in a broad, generally understood tenure system accessible to most or all Africans. While this co-evolution will likely be smooth and relatively trouble-free in some locations, in others it will not. Because the primary form of interaction (hence co-evolution) between the various tenure systems is thought to be through adjudication, conflict and disputes will play a primary role. If forms of adjudication are able to be equitable and accessible to the adherents of different tenure systems, then this will contribute significantly to their peaceful co-evolution.

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