Social change and land tenure regimes in Mexico

This paper argues that the changing land tenure legislation in Mexico is a concrete reflection of generalized societal attitudes towards indigenous and traditional peasants. It contends that the 1992 neoliberal land-reform mimics the progress-oriented liberal project of the ninettenth century and continues a market-centered modernization process underway since the 1940s, which has been legitimized by an overt institutional disdain and discrimination against indigenous people, peasants and their ways of life. It concludes that this process of assimilation or eradication of traditional agro-ecosystems, cultural diversity and social organization will further increase the vulnerability of Mexican peasants to economic and cultural change. As peasants engage in market-controlled business ventures in the rural areas, migrate to cities, rent or sell their lands, they simultaneously adapt to new values and envision new strategies for subsistence that are increasingly mediated by political-economic forces largely beyond their sphere of influence.     

Land alienation,land tenure,and tourism in Vanuatu,a Melanesian Island nation

Land is a primary resource for international tourism development. The relation of indigenous systems of land tenure and the history of land alienation to tourism in Pacific Island nations, however, is problematic. Governments of some Pacific Island nations are now emphasizing the traditional land rights of indigenous people in determining land use for economic development. Land is a key resource for the local participation of Islanders in development, and indigenous land claims are a volatile political issue. There has been little substantive research on tourism and land tenure in Melanesia. This paper examines the history of the problem of land alienation, the nature of traditional land tenure, and the relation of current land claims to tourist development in Vanuatu. Land alienations are tied to modern tourist developments, and issues of land tenure are a central aspects of political debate in local cultures. Suggestions are offered for regional planning for tourism, and local control of tourist development and land use.     

我国土地发展权配置与流转制度设计

20世纪90年代以来,学术界针对在我国实行土地发展权制度进行了大量的理论研究。2013年11月召开的十八届三中全会提出要"建立兼顾国家、集体、个人的土地增值收益分配机制",也体现了分享土地发展权的理念。本文总结了国内外土地发展权配置与流转的实践经验,认为我国的土地发展权制度设计应与当前的土地管理体系相协调,并提出了我国土地发展权配置与流转的设计思路,以期对我国土地发展权的理论研究和合理分配土地增值收益等实践探索有所裨益。     

上海城市土地空间权利体系与登记研究

城市土地资源日益紧缺,城市建设向地上地下空间不断拓展,对空间确权和登记的需求也随之越来越紧迫。本文通过研究土地空间权利的管理现状,提出地上地下空间土地权利体系设计,并对土地空间登记提出建议,为建立土地空间产权制度奠定基础。     

The effect of land tenure systems on agricultural production: a case study of the land tenancy system in the Okun Area of Kwara State,Nigeria

Since all agricultural systems depend on land, the ownership of, or access to, agricultural land becomes crucial in the consideration of factors which determine agricultural land-use systems. The land tenure system affects agricultural land use and prospects for improvement. This paper examines the structure of the land tenure system in the Okun Area of Kwara State, Nigeria, and its influence on the farming system in that area. It reveals that despite the fact that this is a predominantly agricultural rural community, the operation of the land tenure system is exceptionally liberal and only marginally affects both the size of individual farm holdings and the way the land is cropped. This situation results mainly from two factors. First, the Okun people perceive land as a God-given entity and therefore it is held in trust for Him and second, the population density is very low, with plenty of land to go round. In the present circumstances, large-scale agricultural projects developed in the Okun area over the last decade have been offered land freely by the people rather than finding the land tenure system a hinderance.     

Customary tenure systems under siege: contemporary access to land in Northern Ghana

Land in most of Africa is controlled under the customary tenure system which is governed by well intentioned social and cultural rules meant to grant equal access to families within groups with common interest in land. Rapid changes in the domestic situation of countries resulting from both refractions of policies and influences from the global economy and emerging complexities within the local socio-economic context has altered the traditional land tenure systems in most parts of Africa. In the rural setting and for agricultural purposes, the customary tenure system seems to be crumbling slowly, while in the urban centres and for housing, industrial and commercial purposes the system has collapsed in favour of a commoditised one. The emerging patterns of access in Northern Ghana show growing inequalities in access, control and ownership. There is the need for a new architecture of land rights negotiated by a participatory process and regulated by both state and traditional institutions.     

Biodiversity conservation and land rights in South Africa: Whither the farm dwellers?

South Africa is unique in that its globally significant biodiversity, which is under significant threat, coexists with an apartheid history of dispossession that produced a starkly unequal land ownership pattern and widespread rural poverty. It is in this context that the post-apartheid government must fulfil constitutional and international obligations to safeguard environmental assets as well as undertake land reform benefiting the previously dispossessed. Consequently, there is a continuous challenge of reconciling complex and often conflicting relationships between poverty, inequitable access to resources, and the protection of biodiversity. Current efforts to conserve the Cape Floral Kingdom emphasize partnerships between private landowners and existing nature reserves to promote sustainable utilisation of biodiversity. This paper presents a case study exploring how this approach might be reconciled with land rights and opportunities for land-based livelihoods among farm dwellers in the Baviaanskloof area of the Eastern Cape. The paper identifies systemic and structural tensions in current attempts to reconcile biodiversity conservation and farm dwellers’ interests, and documents issues of process and principle that could become important in the future. In doing so, it highlights the influence of on-farm power relations and overly complex institutional arrangements in determining the real extent of participation by affected farm dwellers and the efficacy of social safeguard policies. Findings also caution against an over-reliance on ecotourism as the major occupation and the paper argues instead for support for multiple livelihood strategies.     

关于农村土地承包经营权确权登记颁证的几个问题

2013年中央1号文件提出用5年时间基本完成农村土地承包经营权确权登记颁证工作。目前全国先后有2215个县(市、区、旗)开展了试点工作,完成确权登记面积2.6亿亩。但在土地确权中有几个问题需要引起注意:农村土地承包经营权确权工作是在农村土地制度变革顶层设计相对滞后的背景下开展的;农村土地承包经营权确权的对象不清楚;农村土地承包经营权确权必然受到现行法律规定的承包期以及承包期内承包关系的制约;支付了大量人力物力成本后的确权能否达到预期目标尚不确定。对此文章提出加快进行农村土地承包法的修订工作、农村土地承包法的修改应与国务院制定农村集体经济组织条例同步进行等政策建议。     

A political ecology of REDD+: Property rights,militarised protectionism,and carbonised exclusion in Cross River

This paper offers a critical assessment of REDD+ in Nigeria through a political ecology perspective. Focusing on questions of property rights and resource access, it maps the discursive articulations and contestations through which carbon rights are being determined. It also shows how these articulations and contestations are linked to land and forest rights, and how they shape everyday access to the forest. Evidence from the Nigerian case suggests that factors that complicate rights and undermine access to resources for forest communities under REDD+ are immanent to the contested terrain constituted in part by REDD+ proposals, proponents’ discourses and practices geared towards securing the forest for REDD+. Efforts to secure property rights and guarantee the permanence of REDD+ forests align with economic, ecological and ideological aspirations of state and non-state actors to produce a regime of militarised protectionism. I demonstrate how, in addition to its material and symbolic facilitation of the emergent carbon forestry economy, militarised protectionism as a regime of exclusion also constitutes collateral political economies of ‘more-than-carbon’ forest resources (such as timber and non-timber forest products) which perpetuate capital accumulation by the elites. It is this kind of exclusion–accumulation dialectic, legitimised by carbon forestry claims that this paper describes as carbonised exclusion. The paper thus furthers debates on the political ecology of REDD+ and other carbon forestry projects, while productively engaging technocentric literature on REDD+ and property rights.     

Hindu nationalism, neo-traditionalism and environmental discourses in India

One of the defining changes India has experienced over the last decade has been the social and political consolidation of the Hindu Right. Critics point to its chauvinist ideologies, the discrimination and violence against religious minorities, and the neglect of the poor. This paper examines the parallels between the discourses of the Hindu Right and those of neo-traditionalist environmentalists. Similarities include gendered and social conservatism; superficial hermeneutic analyses of ancient texts; partial and ‘romantic’ histories; and the essentialisation of science and of East and West. The paper concludes by suggesting that environmental scholars and activists cannot afford to be innocent of the implications of their ideas and assumptions given the social and political contexts of Hindu nationalism in contemporary India.     

The relationship between indigenous pastoralist resource tenure and state tenure in Somalia

Indigenous resource tenure systems in Africa have evolved to meet the constraints and opportunities of often difficult biophysical environments, while facilitating the operation of complex spatial and temporal land use patterns. Traditional systems provide security of tenure in culturally relevant ways that permit adaptation to new circumstances. On the other hand imposed tenure structures in Africa have often not strengthened individual rights and have often blocked indigenous tenure development and adaption in response to new situations.Pastoralists in Africa have in particular been negatively impacted by the imposition of national tenure systems which in many cases have served to marginalize nomadic populations, with repercussions in land degradation, food security, and instability.In Somalia the transient resource rights and resource use arrangements that are critical to transhumant pastoralism were ignored in the formulation of the national tenure regime which favored crop cultivation. The results were increased land degradation, resource use conflicts, declines in pastoral production, and impacts on Somali clan alliances which in many cases regulate rational resource access and use.Somalia possesses the greatest proportion of pastoralists in Africa. Transhumant pastoralism, as the most widespread agricultural enterprise in the country, will play a critical role in food production for the foreseeable future. However, the relationship between indigenous pastoralist tenure and state imposed tenure has, in many locations decreased the ability of pastoralism to reproduce itself, thereby compromising the rational utilization of very large areas of rangeland interior, which have very few alternative uses.     

Land use and land rights in the West African savannah: The Senufo in northern C^ote d'Ivoire

The change in property rights in the West African savannah has been analysed in particular from the perspective of development policy, i.e. from the perspective of state regulation. This contribution, however, attempts to trace property rights from the perspective of the farming population in the savannah in the northern part of Côte d'Ivoire. For peasants, the change of law is part of a long-term process which had already started before the colonialisation at the end of the 19th century and is still continuing today. The changing law is not analysed per se but is rather analysed with reference to people's actions, out of which the sphere of life of the local population is constituted. The changing forms of farm work and of land usage play an important role in this respect. The change of property rights is inscribed in the conflicts with the state and state power on the one hand, and the changes of social forms of organisation on the other.     

Vulnerability,resilience and development discourses in context of climate change

The paper discusses how the current climate change debate influences the way in which development is conceptualised, negotiated and implemented. The objective of the article is to explore some of the underlying controversies that characterise development discourses in the context of climate change. Adaptation to climate change goes along with a significant shift in discourses used to deal with what is normally called development. This is reflected in shifting research interests and perspectives, from vulnerability studies to resilience thinking. However, the paper argues, this shift is problematic for the normative contents of development and especially for a pro-poor and grass roots perspective.     

A tale of two roads: Land tenure, poverty, and politics on the Guatemalan frontier

Agricultural frontiers are hot spots for the most dramatic land cover change in the history of humankind: forest conversion to agriculture. They are also areas of unusually rapid population growth and acute poverty, with scant access to public services and infrastructure. Although a large body of literature explores the determinants of land cover change on the frontier, one issue that has been largely unstudied is that of frontier political and socio-economic development. This paper reports on data from 28 communities along an agricultural frontier in a core conservation zone of the Maya Biosphere Reserve (MBR), where the predominant land tenure systems at the community level appear to be related not only to land use, but also to political organization and human development indicators.     

The silent articulation of private land rights in Soviet Estonia: A geographical perspective

With an explicit focus on the spatial articulation of landownership, this paper explores various ways in which pre-Soviet land rights were expressed in rural Estonia during the Soviet period (1940-1941, 1944-1991). Drawing on cartographical analyses and interviews made in the rural district of Muhu, the paper demonstrates that people who owned land before the Soviet occupation kept track of the officially annulled pre-Soviet land rights, by relating to inertial landscape elements as memory-aids. To local inhabitants the landscape, in which past and present structures always merge, provided substantial evidence in support of the idea of legal continuity of pre-Soviet land rights. Hence, the post-Soviet land restitution reform often implied a re-discovery or re-expression of property rights that had been silenced, but not lost.     

Walking the line: Participatory mapping, indigenous rights, and neoliberalism

Recent critiques of participatory mapping point out the degree to which, as a practice, it has become disciplined by legal prospects for recognition often adopted as part of neoliberal reforms. Yet while neoliberalism certainly disciplines the practice of mapping, they are not reducible to expressions of its dominance. Through a discussion of a participatory mapping project in the Mosquitia region of Honduras, I show how the practice of producing and using maps involves negotiating a spatially complex terrain shaped by multiple and overlapping forms of territory and authority. Insofar as mapping involves movement through this terrain, it engages multiple spatialities that inform assessments of the potential for legal recognition and critically awareness of its constraints. Questions of what to map and how to go about doing it are thus never merely technical concerns. Instead they are diagnostic of broader relations of power that position participants in mapping projects. Rather than producing an authoritative account of that process, my argument here is aimed at learning from it, developing the prospects for a critically-informed, collaborative approach to mapping.     

基于土地发展权的历史文化遗迹所在地区农地保护策略探究

目前我国历史文化遗迹所在地区开发用地失控的原因,从体制方面讲,乃是由于规制手段不够健全、管理体制不够顺畅、城镇化和旅游经济发展进程的阶段性等问题所致;从微观经济层面而言,还在于农民缺乏保护农地的经济诱因、农地转向开发用地收益更高、相关利益集团的势力影响等因素在起作用,故而农地流转成开发用地不可避免。所以应当借鉴海外土地发展权制度,在历史文化遗迹所在地区内落实土地发展权的补偿机制,对开发用地实行有效的管制。具体来说,应当从法律上明确土地发展权的地位,将农地保护与当地的经济社会发展有机协调起来,推行土地使用管制,建立完善土地发展权交易机制,同时有效控制农地流转为开发用地的隐性交易行为。     

Land tenure and identity change in postwar Mozambique

For largely agricultural societies in subSaharan Africa, land and attachments to land play a fundamental role in the identity of individuals and groups. Forced dislocation from land and ‘home areas’ during war, and subsequent attempts at reintegration following an end to armed conflict is therefore an important influence in identity change. With data gathered in postwar Mozambique, this article considers the ways that the land tenure dynamic following armed conflict influences identity change within the recovering customary agricultural population. Following a review of the relationship between land tenure and identity, the paper provides a brief background of the situation in Mozambique and then, using quantitative data from a social survey, case study reports, and literature sources, looks at the land tenure influences on attempts at rural reintegration and the subsequent impacts on identity. These influences include: smallholder-largeholder interaction over land resources, state ownership of land, postwar development efforts, and the situation of demobilized combatants. This revised version was published online in July 2006 with corrections to the Cover Date.     

The relationship between land surface temperature and land use/land cover in Guangzhou,China

The integration of remote sensing, geographic information system, landscape ecology and statistical analysis methods was applied to study the urban thermal environment in Guangzhou. Normalized Difference Vegetation Index (NDVI), Normalized Difference Build-up Index (NDBI), Normalized Difference Barren Index (NDBaI) and Modified Normalized Difference Water Index (MNDWI) were used to analyze the relationships between land surface temperature (LST) and land use/land cover (LULC) qualitatively. The result revealed that, most urban built-up lands were located in the middle part, and high LST areas mostly and were in the middle and southern parts. Therefore, the urbanization and thermal environment in the middle and southern parts need to be determined. Land surface temperature increased with the density of urban built-up and barren land, but decreased with vegetation cover. The relationship between MNDWI and LST was found to be negative, which implied that pure water would decrease the surface temperature and the polluted water would increase the surface temperature. A multiple regression between LST and each indices as well as the elevation was created to elevate the urban thermal environment, which showed that NDVI, NDBI, NDBaI, MNDWI were effective indicators for quantifying LULC impacts on LST.