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The Conception of Land Ownership in African Customary Law and its Implications for Development

The Conception of Land Ownership in African Customary Law and its Implications for Development KWAME AKUFFO∗ Without society there is no need for law or for ownership. Just as the one is an institution of society, so is the other. Dias I. INTRODUCTION This essay is concerned with the conception of the ownership of land in African customary law. The object is to explore the central ideas or conceptions of land ownership, rights, access and use under customary law south of the Sahara, and to assess whether particular conceptions of land ownership have had developmental effect on societies in Africa such as to inform policy-making in contemporary Africa. Indeed, it has recently been asserted that influential policymakers and policy-making institutions such as the World Bank and the UN Food and Agriculture Organisation (FAO), are re-discovering customary law systems as a developmental tool.1 The motivation for this work is the unprecedented level of impoverishment and instability that afflicts Africa today. According to the World Bank, ‘more than 314 million Africans live on less than $1 (US) a day – nearly twice as many as in 1981. The continent is home to 34 of the world’s poorest countries and 24 of the 32 countries ranked lowest in human development. The HIV/AIDS pandemic costs Africa http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

The Conception of Land Ownership in African Customary Law and its Implications for Development

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2009
Subject
African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/E0954889009000280
Publisher site
See Article on Publisher Site

Abstract

KWAME AKUFFO∗ Without society there is no need for law or for ownership. Just as the one is an institution of society, so is the other. Dias I. INTRODUCTION This essay is concerned with the conception of the ownership of land in African customary law. The object is to explore the central ideas or conceptions of land ownership, rights, access and use under customary law south of the Sahara, and to assess whether particular conceptions of land ownership have had developmental effect on societies in Africa such as to inform policy-making in contemporary Africa. Indeed, it has recently been asserted that influential policymakers and policy-making institutions such as the World Bank and the UN Food and Agriculture Organisation (FAO), are re-discovering customary law systems as a developmental tool.1 The motivation for this work is the unprecedented level of impoverishment and instability that afflicts Africa today. According to the World Bank, ‘more than 314 million Africans live on less than $1 (US) a day – nearly twice as many as in 1981. The continent is home to 34 of the world’s poorest countries and 24 of the 32 countries ranked lowest in human development. The HIV/AIDS pandemic costs Africa

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Mar 1, 2009

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