Summary

Between 2005 and 2009 the emergence of large-scale acquisitions of land or ‘land grabbing’ for production of food and energy feedstocks, and private forest plantations in developing countries, triggered various responses from global actors. Some key responses were the introduction of the African Union Framework and Guidelines on Land Policy in Africa (AU F&G) in 2009, followed by the United Nations Food and Agriculture Organisation Voluntary Guidelines for the Responsible Governance of Tenure of Land, Forests and Fisheries in the Context of National Food Security (FAO VGs) in 2012. Both the AU F&G and the FAO VGs advocate for well-articulated land reforms in developing countries. The former emphasizes the need to ensure that the ongoing land reforms in Africa, most of which are pro-market solution, do not jeopardise the rights and access of vulnerable groups such as women, indigenous communities and youth, and that these groups are not adversely affected by expensive right transfer systems.

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By Godfrey Eliseus Massay- LBI Coordinator-TNRF

November, 2015

In 1980s there was emergence of a popular theory to justify women land rights termed “the evolutionary theory of land rights”. The theory was propounded by number of property rights theorists and economists. According to the theory, the rapid population growth and commercialization of agriculture increases land scarcity and land values. This generates uncertainity about land rights within indigenous land tenure arrangements, leading to land disputes, litigation and a demand for more secure and individualized property rights in land.

The state is then expected to respond with administrative reforms including registration and titling procedures, following which conflicts will be solved.  Most land law reforms in Sub-Saharan Africa were guided by this theory in protecting women rights. Feminists across countries defended women rights by, among others, making their arguments in support of the theory.