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Law, land reform and responsibilisation : a perspective from Malawi's land question
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Year: 2015 Publisher: Pretoria University Law Press (PULP)

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About the publication The book is a critical, genealogical analysis of land questions in the South through an original analysis of the Malawi experience. Through the author’s experience in land reform and subsequent advanced research in the area, the book notes that land reform discourse is dominated by an ethos based on market as value which, in turn, has cemented the ubiquity of a universal, automatic transition from land reform to land law reform in tackling a land question in a country. Using a Foucauldian–based theory of governmentality and responsibilisation, the book provides a reassessment of the norms in land reform discourse and argues for the conception of a right to property in land as a social relation. The book reveals the parochial interests of global capital, local elites and even the land-deprived that underpin a land question. The lack of synergy between law and policy leads to the consistent emergence of two ‘beings’: first, a responsibilised citizen in the mould of the land deprived who constitutes a source of cheap, wage labour for the large estate agriculture sector; and second, a land owner as the efficient producer at the centre of the large estate agriculture sector. The book then proposes an alternative norm in land reform discourse based on a responsibilised State. About the editor: Chikosa M Silungwe PhD Attorney; Consultant; Academic. Table of Contents Acknowledgments Dedication Introduction 1 The context 2 Rationale and main argument 3 Market as value and land reform modelling 3.1 Market as value 3.2 Power dimension of land reform 3.3 Market-based land reform models 3.4 Reflection on market-based land reform modelling 4 On responsibilisation 5 On method 6 Final word Governmentality, responsibilisation and the land question 1 Thinking theory 2 The Foucauldian ‘idea’ of governmentality 2.1 Governmentality and analytics of power 2.2 Governmentality and law 3 ‘Everyday struggles’: Conduct and counter-conduct 4 Responsibilisation: A framework for analysis 4.1 The nature of hegemonic responsibilisation 4.2 The nature people-generated responsibilisation 5 Governmentality-responsibilisation: Whither the resolution of land question in Malawi? 6 Final word ‘Right’, ‘property’ and the ‘customary’ space: Conceptual issues and the land question 1 The nature of the right to property 1.1 Character of a ‘right’ 1.2 The meaning of ‘property’: The right to property as a social relation 2 The right to property in land: An analysis of the ‘customary’ space 2.1 The root of the ‘customary’ space 2.2 The nature of ‘customary’ (land) tenure 3 The beneficial interest in land: ‘Customary land’ under the Malawian Land Act 4 Final word Global-local policy linkage, responsibilisation and the land question 1 Global-local policy linkage 1.1 The World Bank’s land policy framework, 2003 1.2 The national macroeconomic framework as a site of conformity 2 National policy interventions in the land question 2.1 ‘Let sleeping dogs lie’: The Presidential Commission of Inquiry on Land Policy Reform, 1996 2.2 The land utilisation studies, 1995-1998 2.3 The National Land Policy 2.4 Intervention of the Malawi Law Commission 2.5 The Green Belt Initiative 3 Final word A multiverse of interests and the land question 1 The state and the Achikumbe 2 The state and the land deprived 3 The Achikumbe and the land deprived 4 The intra-‘community’ dynamics 4.1 The role of chiefs 4.2 Eni malo and obwera: The ‘internecine’ conflict of the land deprived 5 The nature of the multiverse 6 Final word Last word: Towards a responsibilised state 1 Reiterations 2 The nature of people-generated responsibilisation: The basis of the responsibilised state 2.1 Public trust and social trust: The constitutional basis of people-generated responsibilisation 2.2 Counter-conduct and the beneficial interest in land 2.3 The land question in the political economy 3 The responsibilised state: A restatement 4 Final word 4.1 The presumptions 4.2 The wider angle 5 The thesis: a précis Bibliography


Book
Law, land reform and responsibilisation : a perspective from Malawi's land question
Author:
Year: 2015 Publisher: Pretoria University Law Press (PULP)

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Abstract

About the publication The book is a critical, genealogical analysis of land questions in the South through an original analysis of the Malawi experience. Through the author’s experience in land reform and subsequent advanced research in the area, the book notes that land reform discourse is dominated by an ethos based on market as value which, in turn, has cemented the ubiquity of a universal, automatic transition from land reform to land law reform in tackling a land question in a country. Using a Foucauldian–based theory of governmentality and responsibilisation, the book provides a reassessment of the norms in land reform discourse and argues for the conception of a right to property in land as a social relation. The book reveals the parochial interests of global capital, local elites and even the land-deprived that underpin a land question. The lack of synergy between law and policy leads to the consistent emergence of two ‘beings’: first, a responsibilised citizen in the mould of the land deprived who constitutes a source of cheap, wage labour for the large estate agriculture sector; and second, a land owner as the efficient producer at the centre of the large estate agriculture sector. The book then proposes an alternative norm in land reform discourse based on a responsibilised State. About the editor: Chikosa M Silungwe PhD Attorney; Consultant; Academic. Table of Contents Acknowledgments Dedication Introduction 1 The context 2 Rationale and main argument 3 Market as value and land reform modelling 3.1 Market as value 3.2 Power dimension of land reform 3.3 Market-based land reform models 3.4 Reflection on market-based land reform modelling 4 On responsibilisation 5 On method 6 Final word Governmentality, responsibilisation and the land question 1 Thinking theory 2 The Foucauldian ‘idea’ of governmentality 2.1 Governmentality and analytics of power 2.2 Governmentality and law 3 ‘Everyday struggles’: Conduct and counter-conduct 4 Responsibilisation: A framework for analysis 4.1 The nature of hegemonic responsibilisation 4.2 The nature people-generated responsibilisation 5 Governmentality-responsibilisation: Whither the resolution of land question in Malawi? 6 Final word ‘Right’, ‘property’ and the ‘customary’ space: Conceptual issues and the land question 1 The nature of the right to property 1.1 Character of a ‘right’ 1.2 The meaning of ‘property’: The right to property as a social relation 2 The right to property in land: An analysis of the ‘customary’ space 2.1 The root of the ‘customary’ space 2.2 The nature of ‘customary’ (land) tenure 3 The beneficial interest in land: ‘Customary land’ under the Malawian Land Act 4 Final word Global-local policy linkage, responsibilisation and the land question 1 Global-local policy linkage 1.1 The World Bank’s land policy framework, 2003 1.2 The national macroeconomic framework as a site of conformity 2 National policy interventions in the land question 2.1 ‘Let sleeping dogs lie’: The Presidential Commission of Inquiry on Land Policy Reform, 1996 2.2 The land utilisation studies, 1995-1998 2.3 The National Land Policy 2.4 Intervention of the Malawi Law Commission 2.5 The Green Belt Initiative 3 Final word A multiverse of interests and the land question 1 The state and the Achikumbe 2 The state and the land deprived 3 The Achikumbe and the land deprived 4 The intra-‘community’ dynamics 4.1 The role of chiefs 4.2 Eni malo and obwera: The ‘internecine’ conflict of the land deprived 5 The nature of the multiverse 6 Final word Last word: Towards a responsibilised state 1 Reiterations 2 The nature of people-generated responsibilisation: The basis of the responsibilised state 2.1 Public trust and social trust: The constitutional basis of people-generated responsibilisation 2.2 Counter-conduct and the beneficial interest in land 2.3 The land question in the political economy 3 The responsibilised state: A restatement 4 Final word 4.1 The presumptions 4.2 The wider angle 5 The thesis: a précis Bibliography


Book
Unlocking Land Values for Urban Infrastructure Finance : International Experience - Considerations for Indian Policy
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Year: 2013 Publisher: Washington, D.C., The World Bank,

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Despite strong economic growth, investment in basic urban infrastructure-water supply, wastewater removal and treatment, roads, and other capital-intensive systems-has failed to keep pace with urban growth, leaving a critical urban infrastructure deficit. At the same time, urban lands in these many developing countries are among the most expensive in the world. Much of this land is owned by public authorities. Significant parts of it lie vacant, unused for public service provision or inappropriate for conversion to higher-valued economic activity. A composite public-sector balance sheet for India's urban areas would show an asset mix strong on public-sector landholdings but weak on infrastructure. This raises the following questions: Can some excess public-sector land be exchanged for infrastructure, in a manner that is politically acceptable and economically efficient? Can public land sales be a realistic source of finance for critically needed urban infrastructure investment? This paper considers the policy context that has shaped different land-disposal and earmarking initiatives, provides details about the actual workings of institutions, and examines international experience in infrastructure investment. This study contributes to the consultative process underway in India to consider strategies to unlock public land values to help finance urban infrastructure investment.


Book
Law, land reform and responsibilisation : a perspective from Malawi's land question
Author:
Year: 2015 Publisher: Pretoria University Law Press (PULP)

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Abstract

About the publication The book is a critical, genealogical analysis of land questions in the South through an original analysis of the Malawi experience. Through the author’s experience in land reform and subsequent advanced research in the area, the book notes that land reform discourse is dominated by an ethos based on market as value which, in turn, has cemented the ubiquity of a universal, automatic transition from land reform to land law reform in tackling a land question in a country. Using a Foucauldian–based theory of governmentality and responsibilisation, the book provides a reassessment of the norms in land reform discourse and argues for the conception of a right to property in land as a social relation. The book reveals the parochial interests of global capital, local elites and even the land-deprived that underpin a land question. The lack of synergy between law and policy leads to the consistent emergence of two ‘beings’: first, a responsibilised citizen in the mould of the land deprived who constitutes a source of cheap, wage labour for the large estate agriculture sector; and second, a land owner as the efficient producer at the centre of the large estate agriculture sector. The book then proposes an alternative norm in land reform discourse based on a responsibilised State. About the editor: Chikosa M Silungwe PhD Attorney; Consultant; Academic. Table of Contents Acknowledgments Dedication Introduction 1 The context 2 Rationale and main argument 3 Market as value and land reform modelling 3.1 Market as value 3.2 Power dimension of land reform 3.3 Market-based land reform models 3.4 Reflection on market-based land reform modelling 4 On responsibilisation 5 On method 6 Final word Governmentality, responsibilisation and the land question 1 Thinking theory 2 The Foucauldian ‘idea’ of governmentality 2.1 Governmentality and analytics of power 2.2 Governmentality and law 3 ‘Everyday struggles’: Conduct and counter-conduct 4 Responsibilisation: A framework for analysis 4.1 The nature of hegemonic responsibilisation 4.2 The nature people-generated responsibilisation 5 Governmentality-responsibilisation: Whither the resolution of land question in Malawi? 6 Final word ‘Right’, ‘property’ and the ‘customary’ space: Conceptual issues and the land question 1 The nature of the right to property 1.1 Character of a ‘right’ 1.2 The meaning of ‘property’: The right to property as a social relation 2 The right to property in land: An analysis of the ‘customary’ space 2.1 The root of the ‘customary’ space 2.2 The nature of ‘customary’ (land) tenure 3 The beneficial interest in land: ‘Customary land’ under the Malawian Land Act 4 Final word Global-local policy linkage, responsibilisation and the land question 1 Global-local policy linkage 1.1 The World Bank’s land policy framework, 2003 1.2 The national macroeconomic framework as a site of conformity 2 National policy interventions in the land question 2.1 ‘Let sleeping dogs lie’: The Presidential Commission of Inquiry on Land Policy Reform, 1996 2.2 The land utilisation studies, 1995-1998 2.3 The National Land Policy 2.4 Intervention of the Malawi Law Commission 2.5 The Green Belt Initiative 3 Final word A multiverse of interests and the land question 1 The state and the Achikumbe 2 The state and the land deprived 3 The Achikumbe and the land deprived 4 The intra-‘community’ dynamics 4.1 The role of chiefs 4.2 Eni malo and obwera: The ‘internecine’ conflict of the land deprived 5 The nature of the multiverse 6 Final word Last word: Towards a responsibilised state 1 Reiterations 2 The nature of people-generated responsibilisation: The basis of the responsibilised state 2.1 Public trust and social trust: The constitutional basis of people-generated responsibilisation 2.2 Counter-conduct and the beneficial interest in land 2.3 The land question in the political economy 3 The responsibilised state: A restatement 4 Final word 4.1 The presumptions 4.2 The wider angle 5 The thesis: a précis Bibliography


Book
Ahmedabad : More but Different Government for "Slum Free" and Livable Cities
Authors: --- --- --- --- --- et al.
Year: 2012 Publisher: Washington, D.C., The World Bank,

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This paper analyzes real estate market dynamics over the past decade in the city of Ahmedabad, India, with a view to improving the living conditions of the large population living in slums. The paper combines census data, the National Sample Survey, and slum household surveys to review the demand side of the market. Satellite photography was used to estimate the production of both formal and informal housing over the past ten years. Analysis of the execution of the development plan for the Ahmedabad region and town planning schemes shows how the system of housing supply has evolved. These analyses are used to assess the feasibility of various approaches to achieving "slum free" cities, the goal of the Government of India's planned assistance program Rajiv Awas Yojana. The paper concludes that notwithstanding a substantial increase in public housing production in recent years, providing subsidized formal homes from government or through reservations for lower income groups in private developments would take more than a generation just to handle the current slum population - representing one-third of households. Providing basic environmental infrastructure services in existing underserved neighborhoods - a proven approach under the Slum Networking Program - and bolstering infrastructure networks for the city to accommodate increased demand are affordable and feasible. Addressing issues such as rural-urban land conversion and ambiguous land tenure, and allowing flexibility for realistic building standards and increasing maximum floor space standards in certain neighborhoods can help to ensure a growing supply of housing that is affordable for moderate and low-income households.


Book
Inventory of Public Land in Ahmedabad, Gujarat, India
Authors: --- --- --- --- --- et al.
Year: 2013 Publisher: Washington, D.C., The World Bank,

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This paper pilots an approach to identifying, categorizing, and mapping public land owned by the central, state, and local government in urban developed areas of Ahmedabad, Gujarat, India. The methodology uses information on plot sizes, location, and ownership that is publicly available for all areas covered by town planning schemes. The study examines the extent of unutilized and underutilized public land, which excludes all cemeteries, parks and gardens, heritage buildings, slums, utilities, infrastructure land, and industrial estates. Unused land already earmarked for public purposes were also excluded from the valuation exercise. The potentially marketable land so identified was valued at both official rates and estimated market rates. The value of potentially marketable excess land is significant-in per capita terms, the high-value scenario substantially exceeds the estimate of total infrastructure investment needs for the next 20 years prepared by an expert committee of the Ministry of Urban Development of the Government of India.


Book
Capturing the Value of Public Land for Urban Infrastructure : Centrally Controlled Landholdings
Authors: ---
Year: 2013 Publisher: Washington, D.C., The World Bank,

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Government entities in India hold large amounts of public land. Their landholdings include some of the most valuable property in the country. Parts of this patrimony lie vacant or underutilized. Public sector bodies also own large blocs of land that sometimes stand in the way of efficient completion of urban infrastructure networks. At the same time, urban India is deficient in basic infrastructure-both network infrastructure needed to support economic growth and urban service infrastructure needed to meet basic household needs like water supply, waste removal, and transportation. This condition raises fundamental questions. Are some of government landholdings "surplus" or not needed for service provision? If so, can their economic value be captured to help finance infrastructure investment? This report aims to document evolving government policies toward pubic land management. It examines how active public entities are in identifying "surplus" lands and attempting to monetize them. Public bodies in India have proved reluctant to surrender landholdings. The report therefore considers practical alternatives that have emerged, such as land trading among public institutions. Land exchange can clear the way for completion of important urban infrastructure projects, without requiring public landowners to declare their property "surplus" and suitable for market disposition.


Dissertation
Comparaison multi-échelle de l'effet de la réduction de la disponibilité foncière au plan de secteur sur les pratiques de recyclage urbain et de densification en Wallonie
Authors: --- --- ---
Year: 2022 Publisher: Liège Université de Liège (ULiège)

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Dans sa Déclaration de Politique Régionale 2019 – 2024, la Wallonie fixe comme objectif de freiner l’artificialisation de son sol jusqu’à sa limitation totale prévue en 2050. Cette intention, inscrite également dans son Schéma de Développement Territorial, poursuit la stratégie européenne mise en place depuis 2011 et communément appelée l’intention « ZAN ». La réalisation de cet objectif ne peut se réaliser qu’en réutilisant les terrains précédemment artificialisés. Le nombre de logements pouvant être créés par la densification résidentielle d’espaces urbanisés a été évalué à environ 300 000 par la CPDT. La mise en œuvre de ce potentiel de recyclage urbain pourrait permettre à la Région wallonne de réaliser son objectif rapidement. En revanche, les pratiques de recyclage urbain et périurbain en Wallonie sont sujets à de nombreux freins qui handicapent leur mise en place. La surabondance foncière en zone d’habitat au plan de secteur est responsable d’une offre importante de terrains vierges à urbaniser. Cette dernière contribue en partie à poursuivre l’étalement urbain en offrant des territoires urbanisables bon marché et accessibles en périphérie. Ce travail s’appuie sur cette observation et tente de mettre en évidence le rôle que pourrait jouer, à l’inverse, une réduction des surfaces urbanisables sur les pratiques de recyclage urbain et de densification en vue de réorienter les acteurs du territoire vers les gisements et les biens à réutiliser. L’analyse conduite dans ce travail s’appuie sur une comparaison multi-échelle de la relation entre le taux de disponibilité foncière au plan de secteur et les indicateurs du recyclage urbain et de la densification. Il ressort de ces traitements que seul le recyclage urbain réagit de manière significative à une réduction de la superficie disponible, en particulier aux échelles des communes et des bassins de vie. Ce travail soutient que la disponibilité foncière est l’une des composantes qui explique la variation du taux de recyclage urbain en Wallonie et qu’une réduction de l’offre juridiquement urbanisable permettrait de stimuler les pratiques qui y sont liées. Toutefois, la mise en œuvre d’une telle action foncière doit s’accompagner de politiques sectorielles pour garantir un développement inclusif et équitable de la Wallonie. In its 2019 – 2024 regional policy declaration (‘Déclaration de Politique Régionale’), Wallonia sets the objective of slowing down the artificialization of its land until its full limitation by 2050. This intention, which is also included in its territorial development plan (‘Schéma de Développement Territorial’), follows the European strategy implemented since 2011 and commonly referred to as "no net land take by 2050". The achievement of this objective can only be reached by reusing previously artificialized lands. The number of dwelling units that can be created by residential densification of urbanized spaces has been evaluated at approximately 300,000 by the CPDT. The implementation of this urban recycling potential could allow Wallonia to achieve its objective quickly. However, urban and peri-urban recycling policies in Wallonia are subject to numerous obstacles that impair their implementation. The overabundance of land in residential zones in the sector plan (‘Plan de secteur’) is responsible for a large supply of greenfields for urbanization. This contributes in part to the continuation of urban sprawl by offering cheap and accessible land for residential use in the periphery. This work relies on this observation and attempts to highlight the effects of a reduction in building areas on urban recycling and densification policies with the aim of redirecting the actors towards the lands and dwellings to reuse. The analysis conducted in this work is based on a multi-scale comparison of the relationship between the land availability for residential use and the indicators of urban recycling and densification. It appears from these treatments that only urban recycling reacts significantly to a reduction in available surface, particularly at the municipal scale and at the catchment area (‘bassins de vie’) level. This work argues that land availability is one of the components that explains the variation of urban recycling in Wallonia and that a reduction in the supply of legally building surfaces would make it possible to incite land recycling policies. However, the implementation of such a land policy must be followed by sectoral policies to ensure inclusive and equitable development of Wallonia.


Book
Kastom, property and ideology : land transformations in Melanesia
Authors: --- --- ---
ISBN: 9781760461065 1760461067 9781760461058 1760461059 Year: 2017 Publisher: ANU Press

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The relationship between customary land tenure and ‘modern’ forms of landed property has been a major political issue in the ‘Spearhead’ states of Melanesia since the late colonial period, and is even more pressing today, as the region is subject to its own version of what is described in the international literature as a new ‘land rush’ or ‘land grab’ in developing countries. This volume aims to test the application of one particular theoretical framework to the Melanesian version of this phenomenon, which is the framework put forward by Derek Hall, Philip Hirsch and Tania Murray Li in their 2011 book, Powers of Exclusion: Land Dilemmas in Southeast Asia. Since that framework emerged from studies of the agrarian transition in Southeast Asia, the key question addressed in this volume is whether ‘land transformations’ in Melanesia are proceeding in a similar direction, or whether they take a somewhat different form because of the particular nature of Melanesian political economies or social institutions. The contributors to this volume all deal with this question from the point of view of their own direct engagement with different aspects of the land policy process in particular countries. Aside from discussion of the agrarian transition in Melanesia, particular attention is also paid to the growing problem of land access in urban areas and the gendered nature of landed property relations in this region.


Book
Using Registry Data to Assess Gender-Differentiated Land and Credit Market Effects of Urban Land Policy Reform : Evidence from Lesotho
Authors: ---
Year: 2021 Publisher: Washington, D.C. : The World Bank,

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Since 2010, Lesotho has implemented legal and institutional changes to allow female land ownership, established a new land agency, reduced the cost of registering land, and carried out systematic urban land titling. Analysis using administrative data shows that these reforms triggered discontinuous and sustained changes in quality of service delivery, female land ownership, and registered land sales and mortgage volume. Land and credit market activation is, however, exclusively due to policy reforms. While (subsidized) systematic land registration allows women to access documented land rights, these effects may not be sustained without further regulatory change, highlighting the importance of reducing fees and streamlining processes to improve urban land and financial market functioning as a key precondition for Africa's expected wave of urbanization translating into productive cities and jobs.

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