By Patrick McAuslan
ISBN-10: 0415831431
ISBN-13: 9780415831437
Land legislation Reform in East Africa reports improvement and alterations within the statutory land legislation of seven nations in japanese Africa over the interval 1961 – 2011. The e-book is split into elements. half 1 units up the conceptual framework for attention of the reforms, and pursues a distinction among transformational and conventional advancements; the place the previous goal at switch designed to make sure social justice in land legislation, and the latter target to proceed the general thrust of colonial techniques to land legislation and land management. half 2 offers an in-depth and demanding survey of the land legislation reforms brought into every one nation through the period of land legislations reform which started round 1990. the general impact of the reforms has, Patrick McAuslan argues, been conventional: it used to be colonial coverage to maneuver in the direction of land markets, individualisation of land tenure and the loss of life of time-honored tenure, all of which characterise the put up 1990 reforms. The fruits of over 50 years of operating during this region, Land legislations Reform in East Africa could be worthy examining for students of land legislations, and of legislation and improvement extra typically.
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Extra info for Land Law Reform in Eastern Africa: Traditional or Transformative?: A critical review of 50 years of land law reform in Eastern Africa 1961 - 2011
Sample text
It has also served to entrench private ownership of land and in the process has ratified the titles of colonial settlers as absolute owners of expropriated land. This has sealed the fate of the landless and squatters, thereby intensifying the tenure insecurity of the poor. The current legislative framework reaffirms the history of land dispossession and land grabbing and ties this into ethnic factors. These issues will be discussed in more detail later. M. Swynnerton (1954) Nairobi, Colony and Protectorate of Kenya.
To be sure, this hostility was part of a contradiction which faced the policymakers. On the one hand there was the need to see ‘progress’ by dispossessing the peasants and in turn encouraging more production for the market away from subsistence. , 43. F. S. (1966) Uganda: The Development of its Laws and Constitution, London, Stevens and Sons, chapter 15. A survey of the land laws 27 the production which was being agitated for, directed as it was towards interests outside Uganda, needed to be profitable.
The ending of the civil war accelerated that process as millions of internally displaced persons and returnees went back to their original areas and resumed land use and occupation under customary tenure. Somalia as already noted attempted a transformation approach but, in practice, conflicts rapidly emerged between the statutory system and customary systems so that by the time Somalia collapsed as a state and Somaliland re-emerged as a state in 1991, the formal legal land management system had effectively ceased to exist.