The Issue of Property Rights and the Rule of Law
In most of Africa, property in terms of land, was almost always held under communal tenure. The reasons were cultural but based economically on the need for open access. Precolonial USA, Canada and Australia were the same and only after colonization did the issue of private tenure become an issue. In many cases, even conflict.
In nearly all situations in so far as rural land, fences became a symbol of settler oppression and greed. In the USA, Canada and Australia the indigenous populations were eventually restricted to some form of “homeland” or Tribal Reservations. Their wider rights of access to all the land were just brushed aside by the settler populations, supported by superior force and growing populations. The traditional principle of communal ownership was maintained in these reservations.
In Africa, when the smaller settler populations were eventually overthrown by diplomacy or force of arms, land rights were in nearly all cases simply abolished. In Zimbabwe the colonial system of tenure over rural land was gradually dismantled – at first by State acquisition and resettlement and then after 2000, by a chaotic “fast track land reform program” which almost destroyed the agricultural industry. A similar process is underway in South Africa, retarded by the much larger settler population with much deeper historical roots.
In Africa this process has often been accompanied by the use by ruling elites to control rural populations on insecure settlements, for political purposes. This is clearly shown in South Africa and Zimbabwe where the newly settled indigenous people on both rural and urban land are being settled without security of tenure. Millions of people are involved, and the political, social and economic consequences are enormous.
This is by no means an issue restricted to a few countries. Only 18 per cent of the total area of land available in the world for agriculture is held under a sound, lawfully protected, system of tenure – corporate or individual. Africa, with 60 per cent of all available rain fed agricultural potential in the world, has the smallest proportion of titled land in the world. The statistics tell the story – Africa lags behind all other continents in agricultural yields, production and remains the only continent with a persistent shortage of basic foods.