land tenure system, which is defined by national laws, does not recognize
customary rules regulating access and use of land while local people prefer
to continue applying their own tenure system and ignore the formal one.
In this case, the state may consider the land to be state land and allocate it
in form of a lease or concession to a private investor while the local community
considers the same land to be their community forest which all
villagers use to collect fire wood, medical plants, non-timber products etc.
– all necessary for their survival. The customary land tenure system is considered
to be informal, simply because it does not reflect the statutory law.
Being informal, however, doesn’t make it illegitimate. On the contrary,
customary and other informal land tenure systems often dispose of higher
legitimacy than the formal system. This is, however, about to change due
to increasing misuse of authority by customary chiefs. Traditionally and
according to customary rules responsible for the (free) allocation of land
(rights) to group members only, many of them now consider themselves
full owners of the land with the right to sell it to strangers. For women
and poor farmers, the customary land tenure systems become increasingly
unreliable. This applies especially in those areas where land values are high
and/or increase such as in fertile regions and peri-urban areas.
land tenure system, which is defined by national laws, does not recognizecustomary rules regulating access and use of land while local people preferto continue applying their own tenure system and ignore the formal one.In this case, the state may consider the land to be state land and allocate itin form of a lease or concession to a private investor while the local communityconsiders the same land to be their community forest which allvillagers use to collect fire wood, medical plants, non-timber products etc.– all necessary for their survival. The customary land tenure system is consideredto be informal, simply because it does not reflect the statutory law.Being informal, however, doesn’t make it illegitimate. On the contrary,customary and other informal land tenure systems often dispose of higherlegitimacy than the formal system. This is, however, about to change dueto increasing misuse of authority by customary chiefs. Traditionally andaccording to customary rules responsible for the (free) allocation of land(rights) to group members only, many of them now consider themselvesfull owners of the land with the right to sell it to strangers. For womenand poor farmers, the customary land tenure systems become increasinglyunreliable. This applies especially in those areas where land values are highand/or increase such as in fertile regions and peri-urban areas.
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