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DISCUSSION ON THE THE LAND TENURE OF 3

COUNTRIES EACH FOR DEVELOPED, DEVELOPING


AND UNDER DEVELOPED COUNTRY
INTRODUCTION

 Land tenure is the way in which people have access to and use land and natural
resources. It can be described as the institutional (political, economic, social, and
legal) structure that determines how individuals and groups secure access to land
and associated resources, including trees, minerals, pasture, and water
 Based on our course of study, we will focused on three countries each under
developing, developed, and underdeveloped countries , with well detailed
information about their past land tenure systems, its shortcomings remedy and
their present land tenure systems
 For developing countries we considered; Uganda, India and Eritrea
 For developed countries we considered; Canada, China and Norway
 For underdeveloped countries we considered ; Zambia, Congo and Angola
DEVELOPING COUNTRIES
UGANDA

Official name: The Republic of Uganda

Long.& lat.: 1.3733° N, 32.2903° E

Total population: approx. 42 million

Economic status: GDP: ,$36.484 billion


(nominal, 2020 est.)

Poverty Rate at 23% (African


Development Bank,2020-2021.)
DESCRIPTION

Uganda is bordered to the east by


Kenya, to the north by South
Sudan, to the west by the
Democratic Republic of the Congo,
to the south-west by Rwanda, and
to the south by Tanzania. with
population of over 42 million and
its largest city as Kampala.
HISTORICAL BACKGROUND OF LAND
TENURE SYSTEM IN UGANDA
pre colonial
before colonization by the british, the King held paramount title to all land in
Buganda and could grant Land to his chiefs

 Individual hereditary rights on land original granted by the king to the


Peasants based on their rights of occupation under the authorty of a chief

 Rights of clans over land which was comprised of ancestral grounds and was
not alienable to strangers
COLONIAL AND POST-COLONIAL UGANDA

When the British colonized Uganda, they introduced a

new indirect rule of land tenure system which are:

leasehold, mailo and freehold Land Tenure system

until

The 1975 Land Reform Decree of (Decree No. 3 of 1975),

which declared all land in Uganda Public Land to be

administered by the Uganda land Commission, it abolished

Freehold interests in land except those vested in the State.

and converted mailo and freehold lands to lease for a

period of 99 years with effect from 1st June 1975


PRESENT LAND TENURE SYSTEM IN UGANDA

in the 1995 Constitution, Uganda enacted a new land law whose primary objective focuses more on customary land tenure system
which are:
Tenure security: Land Ownership, Customary Ownership, Tenants on Registered Land, Communal land Ownership
Women and other Vulnerable groups: According the Land Act in S.40 which provides in accordance with
constitutional provisions, that any customary provisions, that any customary practices which deny women, children, vulnerable
groups or use of any land shall be null and void.
Land Management Institutions which includes; District Land Boards, Land Committees, Recorders, District Land Tribunals, Sub-
county Land Tribunals
The Land Act of Uganda 1998 recognizes four major systems of land tenure:
. Customary tenure : land guided by the rules of the state(it's the most common)
Mailo tenure: a land reward system given to the loyalist by the British
free hold: an indefinite ownership to land with title
lease or tenancy: land lords can lease their land for a period of time.
INDIA

Official name: Republic of India

Long. & Lat.: 20.5937° N, 78.9629° E

Total area: 2,973,190 square kilometers

Population: 1,352,642,280 (2nd)

Economy: $10.207 trillion (3rd) with


poverty rate of (14%)
DESCRIPTION

India is a country in South Asia. It is the second-


most populous country, the seventh-largest country
by land area, and the most populous democracy in
the world.it shares land borders with Pakistan to
the west, China, Nepal, and Bhutan to the north;
and Bangladesh and Myanmar to the east.

It is Bounded by the Indian Ocean by south, the


Arabian Sea by southwest, and the Bay of Bengal
by southeast.
HISTORY OF LAND TENURE SYSTEMS IN INDIA

Pre-colonial

In ancient times, the king holds total control of thier land in which he collects one sixth of the farmers produce
which later increase to one forth and led to the system called ;revenue farming’ by Farukhsiyer (1713-19)

Colonial period

 in the 1950's British rule established in India a system of intermediaries—called "landlords"

 three major system of land tenure system before independent: zamindari system and the mahalwari system
which were responsible for the collection of rent from the cultivators; and the ryotwari system which allows
direct payment to the state.
SHORT COMINGS

• exploitation of cultivators, due to the


control of the intermediaries.
• Corruption In distribution of land
• Zero individual ownership to land Lack
of well-structured institution for land
distribution and managements
• Land records were in extremely bad
shape giving rise to a mass of litigation.
• Poverty and human right inequalities
etc.
PRESENT LAND TENURE SYSTEM

After independence India passed through four different stages of land reformation
between (1950-1995) which generally focus on:
 Ceilings of holdings & Consolidation of holdings: whereby land are restricted to a
number of land purchase
 privatize agriculture
 Reduction Social stratification and 'caste based' land distribution
 major land system in India: private ownership, tenancy, and more of state
ownership
 Which led to the biggest farm in India: DANSTA FARM OF 2200 acre
Ahmedabad,Gujarat.
DANSTA FARM OF 2200 ACRE
AHMEDABAD,GUJARAT, INDIA.
ERITREA

Official Name: State of Eritrea

Long.& Lat.: 15.1794° N, 39.7823° E

Population: 3,546,421

Land Area: Approx. 101000 sq. Km

GDP:2.09 billion U.S dollar with poverty


rate of 53%
DESCRIPTION

Eritrea, is a country in Eastern Africa, with its capital


(and largest city) at Asmara,bordered by Ethiopia in
the south, Sudan in the west, and Djibouti in the
southeast, with its northeastern and eastern
extensive coastline parts along the Red Sea.

Eritrea has an agrarian economy with about 65 % of


the people living in rural areas whose livelihood is
dependent on agriculture (land is a critical
resources)
PAST LAND TENURE SYSTEM IN ERITREA

Pre colonial & post colonial


Land tenure in Eritrea, like in many other African countries, was mainly communal; kinship or
village owned.
common past land tenure system: The risti or extended family ownership, the diesa or
communal ownership and the gulti tenure or land given by royal power ownership systems
Short comings of the past Land Tenure Systems
 Lack of ownership to land by individuals
 women are out of the land tenure system
 they are not flexible
 no defined institutions for the land tenure system
 exploitations and corruption
PRESENT LAND TENURE SYSTEM

Customary land tenure


Private ownership
Tenancy
DEVELOPED COUNTRIES
CANADA

Official name: Canada

Long &Lat: 56.1304° N, 106.3468° W

Land Area:9,093,507 km2 (3,511,023 sq. mi)

Population: approx. 38,048,738[6] (37th)

GDP: $1.979 trillion (15th) (National bureau


of economic research, vol 51.)
DESCRIPTION

Canada is a country in North America.Its


southern and western border with the
United States, stretching 8,891
kilometers (5,525 mi), is the world's
longest bi-national land border. Canada's
capital is Ottawa.

it the world's second-largest country by


total area of 9.98 million sq.km (3.85
POST-COLONIAL LAND TENURE SYSTEM

During colonization, France took over the western part of Canada; system practiced; the Seigneurial system: landlords were allotted land
holdings known as manors

The British took over the eastern part of Canada, while they introduced a system called; crown lands(complete ownership by there king)

Short coming of their past land tenure system

 In the western part of Canada, there is zero individual ownership of land

 Misuse of land in both west and east part of Canada

 No considerations of women ownership to land

 Corruption and exploitation

 Deceit and forced slavery at the expense owning a land as a Canadian indigene
PRESENT LAND TENURE SYSTEM

State ownership (CROWN LAND)

Private ownership:(very low)

Land transfer

Transferring ownership or title to land in


Canada from one person to another can
be accomplished commonly by;
Registration of a transfer of land or deed
of sale can be done at a Land Registry
Office
CHINA
Official Name: People’s Republic of
China

Long & lat:35.8617° N, 104.1954° E

Land area:9.597 million km

Population: approx. 1.4 billion

GDP: $26.66 trillion (1st)


DESCRIPTION

People's Republic of China is a country in East Asia,


which is the world's most populous country, with a
population of more than 1.4 billion is bordered by
Afghanistan, Pakistan, India, and Nepal to the west;
Russia and Mongolia to the north; Bhutan, Myanmar
(Burma), Laos, Vietnam, and North Korea to the
south and Hong Kong and Macau to the south

it is the world's third largest country with a total area


of approx. 9.6 million sq. km
ANCIENT LAND TENURE SYSTEM IN CHINA

During the Xia Dynasty , lands was a reward


system to the kings loyalist and and
ministers till the Shang Dynasty calls for
better land managements for agricultural
purpose (state lands).
During the West Zhou Dynasty crown lands
was back in place ue to economic
sophistications and complications.
major land tenure system:crown and state
land tenure system.
SHORT COMINGS OF CHINA’S PAST LAND TENURE
SYSTEMS

Since all lands are allocated to their kings and not the people, there have so many records
and trends of misuse of lands
 Internal war among the royal family, clans, and states
 Corruption and exploitation and force labor
 Inconsistency in the enforcement of the rulings due to change of power and war
 Rapid take-overs of land by other powerful countries due to their inconsistency
 Slow developmental rate and loss of power as a result of bad leadership and land
managements
PRESENT LAND TENURE SYSTEM

There are two types of land ownership in China:


state and collective.
Constitutionally, all land in China belongs to “the people”
so theoretically, land cannot be owned privately.
Stages of Tenure Reforms
Private ownership (1930s/1940s to early/mid 1950s)
Collectivization/No individual rights (early/mid 1950s to
late 1970s)
De-collectivization/Private and increasing use rights (late
1970s to present)
Increasing private use rights: In 1993, the State gave
managers of collective lands the option (though not the
requirement)
NORWAY

Official Name: Kingdom of Norway

Long & lat: 60.4720° N, 8.4689° E

Land area: 365,268 sq. km

Population: approx. 5,391,369 (118th)

GDP: $350 billion (49th)


Norway is a Nordic country in Northern
Europe, which is bordered by Finland
and Russia to the north-east and the
Skagerrak strait to the south, with
Denmark on the other side.The country
shares a long eastern border with
Sweden (1,619 km or 1,006 mi long).
LAND TENURE SYSTEM IN NORWAY

Past land tenure system


In the ancient times,Norway land mostly are allocated to the king and the church,They also practice customary
land tenure system especially the heriditary tansfer of lands.
land tenure system of Norway from start of parliamentary period till date (1884-till date)
Most land is privately owned immediately after the rise of the parliamentary government in 1884.
Major land tenure systems
 Customary system
 State ownership
 Private/communal ownership system
The Land Act regulates the use and transfer of land ownership outside built-up areas. There are strict rules as to
non-citizen buying land.
UNDERDEVELOPED COUNTRIES
ZAMBIA

Official Name: Republic of Zambia

Long & lat: 13.1339° S, 27.8493° E

Land area: 743,390

Population: approx. 17,351,7080 (65th)

GDP: $18.95 billion (nominal, 2021) with


poverty rate of 58%
DESCRIPTION

Zambia is a landlocked country at the


crossroads of Central, Southern and East
Africa. Its neighbors are the Democratic
Republic of the Congo to the north, Tanzania to
the north-east, Malawi to the east,
Mozambique to the southeast, Zimbabwe and
Botswana to the south, Namibia to the
southwest, and Angola to the west. The capital
HISTORY OF LAND TENURE SYSTEM IN PRE-
COLONIAL AND POST-COLONIAL SOCIETY

In pre-colonial ,The right to claim land came with citizenship in a village and can be denied a headman until internal conflict
took place and the ‘British tookover’,
Four major concepts were introduced by the British
 Freehold &Leasehold: To the settlers, land was given on freehold or leasehold, and such holdings were registered
 Crown land:
 Trust land: This land was carved out of the Crown land and meant for the occupation of indigenous people.
Shortcomings of the past land tenure system
 War and internal conflict
 All the indigenes lost their land to the Britain which led to the loss of their right to land
 Force labor and human exploitation
 The colonial government ensured that the most valuable land (both farming and minerals) was only made available to
foreigners and not the indigenes farmers and Excessive mineral exploration
PRESENT LAND TENURE SYSTEM

Land Tenure in 1999 in Zambia


All land of Zambia is still vested in
the President (Lands Act, 1995
Part II section 3.1)
The Zambian land tenure system :
Customary land tenure system
Statutory tenure now as State
(was Crown) land.
CONGO

Official Name: Republic of Congo

Long & lat: 4.0383° S, 21.7587° E

Land area: 4.0383° S, 21.7587° E

Population: approx. 92,387,839

GDP: $49.08 billion (nominal, 2021)


with poverty rate of 73%
DESCRIPTION

Congo is a country in Central Africa, bordered by the


Central African Republic and South Sudan to the
north, Uganda, Rwanda, Burundi, and Tanzania to
the east, Zambia and Angola to the south, and the
Republic of the Congo to the west. It is, by area, the
largest country in sub-Saharan Africa, the second-
largest in all of Africa (after Algeria), and the 11th-
largest in the world. With a population of around 105
million, Congo is the third-most populous country in
Africa (after Nigeria and Ethiopia) and the 14th-
most populous country in the world
PAST LAND TENURE SYSTEM IN CONGO

During the colonial period, land were declared property of the Belgian crown
 Congo’s land became a mixture of crown lands, and licensed private land, usually
to the Belgian companies
Present land tenure system in Congo
During President Mobutu’s post-Independence reign (1965–1997), all land in the
DRC was officially nationalized
Major land tenure system:
 customary and state ownership
ANGOLA

Official Name: Republic of Angola

Long & lat: 11.2027° S, 17.8739° E

Land area: 1,246,700 sq. km

Population: approx. 31,127,674 (46th)

GDP: 88.82 billion USD (2019) with


poverty rate of 41%
DESCRIPTION

Republic of Angola is a country on the west


coast of Southern Africa. It is the seventh-
largest country in Africa. It is bordered by
Namibia to the south, the DR Congo to the
north, Zambia to the east, and the Atlantic
Ocean to the west. The capital and largest
city is Luanda
PAST LAND TENURE SYSTEMS
The pre-colonial period
 In common with many other countries in Southern Africa, the division of land in pre-colonial Angola
corresponded to a system of communal possession of land
Major land tenure system: communal system
At colonial period
in 1856 a distinction was created between land belonging to the state (in other words the Portuguese crown) and
‘fallow’ land which lead to the establishment of state ownership (crown lands) and Trust land
 Shortcomings of the past land tenure system
 War and internal conflict
 All the indigenes lost their land to the Britain which led to the loss of their right to land
 Force labor and human exploitation
 Excessive mineral exploration
EFFECT OF THE PAST LAND TENURE
SYSTEM IN ANGOLA (FORCE LABOR)
PRESENT LAND TENURE SYSTEM

Present “Land Law”33 was first officially enacted On


28 August 1992, 17 years after independence, and
slightly reformed in 2002, till it was well reformed in
2004
Focus of the new Angola’s land law
• Legal rights to ownership
• Protection of indigenes against eviction
• Easy access to transfer of deeds
• Privatized agriculture
• Natural resources and mining process
management by the government.
CONCLUSION

In conclusion, it is clear that each countries of their various categories have almost
different land tenure system and their similarities in concept, problems and institutional
goals dated back from their history till now.

It is also clear that this various land tenure systems are not the major independent
factor of developmental change in each countries but their response to this land tenure
system, its management and their engagement with innovations towards the
management of land usage.

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