Odenda Lumumba Kenya Land Alliance Community Land amp Land Reforms Review of Land Reforms between 1945 amp 2015 There have two types of Land Reforms to debate ie Traditional Land Reforms undertaken before 1990s ID: 592306
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Slide1
Community Land and Land Reforms: How is Community Land best Safeguards
Odenda
Lumumba
Kenya Land AllianceSlide2
Community Land & Land Reforms
Review of Land Reforms between 1945 & 2015
There have two types of Land Reforms to debate i.e.
Traditional Land Reforms undertaken before 1990s
Market-based Land Reforms after 1990s or in the 21
st
Century Slide3
Traditional Land Reforms
Were driven by Motives of:
Establishment of landholding ceilings
Redistribution of private land
Distribution of public land
Restitution of land
Privatization of public landSlide4
Market-based Land Reforms
Aims to establish land markets to minimize direct intervention by government or public authorities
It involves three components:
Recognition of property rights
Adoption of mechanisms regulating the privatization of public land
Development of procedures to regulate the transferability of property rightsSlide5
Key Findings (1)
Local elites might not resist land reforms if demanded by international power(s)
But why international powers would care about land reforms
Viewpoint – to serve their vested interests e.g. after 2
nd
World War in 1945 U.S.A pushed & disorganized land reforms in Latin America, Asia & Africa to avoid the trend of socialism & communism
Successful Land Reforms to place in Japan, South Korea, Cuba, China under military rule that Slide6
Key findings (2)
Land reforms are always enacted as a measure of citizen’s power against elite
Parliament enactment of land reforms does not mean the elite are totally defeated, but merely hibernates waiting to resist implementation of land reforms using
de facto
power even in democracies
Elites who have benefited from the status-quo blocks land reform through slow & deliberate derailment of implementationSlide7
My argument (1)
Land reform is about changing the historical feature of elite domination of land in terms of primitive accumulation of extensive amount of land
Land reform is about a historical fact that land is an economic resource controlled by elite – reforming it implies a change of structure of power within societySlide8
My argument (2)
Land reform is therefore a contestation between the elite & the citizen
Land reforms are enacted (
de jure
) as a means of sanctioning them, but implementation is done (
de facto)
There is a need of disentangling effects of
de jure
enactment of land reforms and
de facto
implementation because of use of
de facto
political power on choice of political policiesSlide9
What is required of us in Land Reform effort
To investigate mechanisms through which elite are able to hold
de facto
power despite limitation imposed by
de jure
land reform enactment
To probe role of the Bureaucracy & Judiciary in implementation of reformsSlide10
How is community Land best Safeguarded
Best Safeguards against what?
-Large-scale Land Acquisition of community land
-Degradation of community environment
-Grabbing of indigenous/minority/marginalized communities territories that form their community landsSlide11
Best Safeguards
Codification of Prof.
Okoth-Ogendo
inverse pyramid of community land institution that normally has the Family
U
nit at the apex, Lineage/Clan at middle and Community members at the broad top
Probe the normal pyramid proposed management structure of community land in the Draft Community Land, which includes: the Community Land Board at the Apex top, the Community Land Management Committee in the middle and the General Assembly of Members at the broad bottomSlide12
Conclusion
We must remember that community land is investment space for Kenya’s economic growth & development
We must stop & roll-back disruption of a system of community land tenure that provides its collective users protection & replace it with forced luring individual landholdings that reward individuals as a shift to market economy that is not inclusive