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Community Land and Land Reforms: How is Community Land best Community Land and Land Reforms: How is Community Land best

Community Land and Land Reforms: How is Community Land best - PowerPoint Presentation

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Community Land and Land Reforms: How is Community Land best - PPT Presentation

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

reforms land amp community land reforms community amp power elite reform facto implementation public jure enactment safeguards market top

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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