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Lokhandwala, Zainab (2022) 'Formalisation of Land Rights in Africa: Impact on Security of Land Tenure.' In: Tshabangu, Icarbord, (ed.), Interdisciplinary Approaches to the Future of Africa and Policy Development. Hershey, Pa: IGI Global, pp. 186-210.

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Abstract

Numerous African countries have undertaken land rights formalisation programmes since 1970-80. These programmes are within the context of a larger theoretical debate for and against the formalisation of property rights. Programmes vary based on diverse input and output factors. For instance, finance and human resources are input factors. The recognition of communal management rights, administrative recognition of occupation, and registration of transactions of land are output factors. Despite the diversity of different programmes, some broad conclusions can be drawn about their effects. The effect of such programmes on tenure security is analysed by discussing the meaning of tenure security, actual and perceived elements of 'security', whose tenure security (identifying the winners and losers) and de jure and de facto security (legal and practical elements). The chapter collates numerous secondary sources to show how formalisation, although aims and claims to increase tenure security have either no effect or a detrimental effect on tenure security.

Item Type: Book Chapters
SOAS Departments & Centres: School Research Centres > Centre for the Study of Colonialism, Empire and International Law
School Research Centres > Law, Environment and Development Centre
Departments and Subunits > School of Law
Departments and Subunits > Department of Politics & International Studies
ISBN: 9781799887713
Copyright Statement: This is the version of the chapter accepted for publication in Tshabangu, Icarbord, (ed.), Interdisciplinary Approaches to the Future of Africa and Policy Development. Hershey, Pa: IGI Global, 2022, pp. 186-210. https://doi.org/10.4018/978-1-7998-8771-3.ch011 Re-use is subject to the publisher’s terms and conditions
DOI (Digital Object Identifier): https://doi.org/10.4018/978-1-7998-8771-3.ch011
Date Deposited: 29 Mar 2022 15:35
URI: https://eprints.soas.ac.uk/id/eprint/36965

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