Sustainable Land Management Through Social Innovation in Land Tenure

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International Yearbook of Soil Law and Policy 2020/2021

Part of the book series: International Yearbook of Soil Law and Policy ((IYSLP,volume 2020))

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Abstract

Landscape restoration plays a key role in mitigating the impacts of climate change, providing food and energy for growing populations, and protecting biodiversity. When rolling out large-scale land restoration programmes it is crucial—both from economic and social justice standpoints—to secure and protect legitimate claims to land. Yet, the implementation and enforcement of land policy is weak in many countries.

This chapter presents two cases, from Kenya and Burkina Faso, in which women’s access to land was secured through alternative, locally driven approaches. TMG Research and partners piloted social innovations that give farmers secure land use rights through formal leases and intra-household tenure arrangements. The success of these innovations depended on strong community participation, facilitation by trusted and neutral civil society organisations, and the alignment of customary and statutory land tenure systems.

A variety of approaches is needed to address the nexus of land tenure security and soil restoration. The inclusion of innovative, community-driven approaches within land and soil policy frameworks and development programmes is particularly effective where the implementation of broader land reforms is weak.

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Notes

  1. 1.

    SDG 15.3: “By 2030, combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land degradation-neutral world”.

  2. 2.

    IPCC (2019).

  3. 3.

    See: https://www.unenvironment.org/news-and-stories/press-release/new-un-decade-ecosystem-restoration-offers-unparalleled-opportunity. [accessed on 25 August, 2021].

  4. 4.

    cf. Goldstein and Udry (2008); Higgins et al. (2018).

  5. 5.

    IPCC (2019), p. 31.

  6. 6.

    See: https://www.unccd.int/sites/default/files/sessions/documents/2019-11/26-cop14.pdf. [accessed on 25 August, 2021].

  7. 7.

    Koudougou and Stiem (2017).

  8. 8.

    Enemark et al. (2015).

  9. 9.

    Paradza (2011); Zevenbergen et al. (2013).

  10. 10.

    For the concept of “continuum of land rights”, see UN Habitat (2008).

  11. 11.

    The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) emphasise the need to recognise and protect legitimate land tenure rights. There is no formal definition of legitimate land rights, as the notion of legitimacy is highly contextual. However, the VGGT refer to legitimate land rights in the context of informal tenure rights that are regarded as socially legitimate at the local level.

  12. 12.

    More information about this research project can be found here: https://soilmates.org/. More information about the GIZ-led global programme can be found here: https://www.giz.de/en/worldwide/32181.html.

  13. 13.

    The idea of this accompanying research project was born at the Global Soil Week, a platform bringing together a diverse range of actors to initiate and strengthen policies and actions on sustainable soil management and responsible land governance. The results of the accompanying research project were regularly discussed at the Global Soil Week and provided lessons learnt for a broad range of stakeholders from the partner countries and beyond. More information can be found here: https://globalsoilweek.org/.

  14. 14.

    Hughes (2014).

  15. 15.

    Paradza (2011).

  16. 16.

    Paradza (2011); Stiem-Bhatia and Koudougou (2018).

  17. 17.

    Bock (2012).

  18. 18.

    Neumeier (2017), p. 35.

  19. 19.

    Phills et al. (2008), p. 36.

  20. 20.

    Neumeier (2017).

  21. 21.

    Government of Burkina Faso (2018a).

  22. 22.

    Government of Burkina Faso (2018b).

  23. 23.

    Bambio and Bouayad Agha (2018); Koudougou et al. (2017).

  24. 24.

    Linkow (2016).

  25. 25.

    Kevane and Gray (1999).

  26. 26.

    Government of Burkina Faso (2009).

  27. 27.

    Hughes (2014).

  28. 28.

    Bambio and Bouayad Agha (2018).

  29. 29.

    See: www.graf-bf.org.

  30. 30.

    cf. Stiem-Bhatia and Koudougou (2018).

  31. 31.

    cf. Koudougou and Stiem (2017).

  32. 32.

    cf. Koudougou et al. (2017).

  33. 33.

    The primary land rights holder here was the head of clan or chef de terre, who has the right to allocate plots of the clan’s communal land to families. He has the authority to approve land rights transactions within and across families.

  34. 34.

    The head of the family farm (mostly equates with the head of the household) has the right to control the land (i.e., decide on the use of land), but must seek consent from the head of clan or chef de terre if the family decides to transfer land rights. Therefore, the head of the family farm/household is referred to as the secondary land rights holder.

  35. 35.

    The monitoring of the research process took place between March 2018 and February 2020. Qualitative data provided an in-depth understanding of the process and outcomes of this research project. Data were collected through multi-stakeholder workshops (2), focus groups discussions (26), individual farmer (16) and expert interviews (6), and informal communication with farmers, village leaders, the mayor and other resource people. Local perceptions of farmers, extension workers and municipal administrators helped us to understand how the research process resulted in the development of socially legitimate tenure agreements between women and men. Observation as a participant in and evaluator of the research process complemented the data (ex-post self-evaluation). Document analysis and literature reviews completed the data triangulation.

  36. 36.

    During the focus group discussions, one household was found to have had ulterior motives for participating in the research process. The woman who was supposed to benefit from land allocation never even saw the land she was allegedly given.

  37. 37.

    During the final multi-stakeholder workshop (atelier de bilan) to conclude the process in Tiarako, men who had transferred land use rights to women publicly committed to support the women in making best use of the fields they received in the context of the land rights transfer process.

  38. 38.

    UNDP (2019).

  39. 39.

    Ministry of Environment and Natural Resources (2016).

  40. 40.

    Kiragu and Flohr (2016).

  41. 41.

    Women, while not the only social grou** disadvantaged in terms of land tenure, were the focus of the social innovations analysed in the context of this chapter.

  42. 42.

    Kameri-Mbote (2002).

  43. 43.

    Musangi (2017).

  44. 44.

    Nyangena (2010).

  45. 45.

    Government of Kenya (2019).

  46. 46.

    County Government Kakamega (2018).

  47. 47.

    Lusweti (2017).

  48. 48.

    For more information, see Kiragu and Flohr (2016); Mburu and Kiragu-Wissler (2018).

  49. 49.

    The monitoring of the research process combined qualitative and quantitative research methods. Data were collected through records of land lease agreements, multi-stakeholder workshops (2), focus groups discussions (26), individual farmer (16) and expert interviews (6), and informal communication with farmers, village leaders, the mayor and other resource people. Local perceptions helped us to understand how the research process resulted in the development of socially legitimate tenure agreements between women and men. Observation as a participant in and evaluator of the research process complemented the data (ex-post self-evaluation). Document analysis and literature reviews completed the data triangulation.

  50. 50.

    TMG Research (2019).

  51. 51.

    Civil society organisations and community-based organisations are used interchangeably in this context because both are non-governmental organisations representing civil society. Community-based organisations here are understood as civil society organisations at community level.

  52. 52.

    Muok and Kingiri (2015).

  53. 53.

    Koudougou and Stiem (2017).

  54. 54.

    Paradza (2011).

  55. 55.

    Paradza (2011), p. 11.

  56. 56.

    Deininger et al. (2017); Namubiru-Mwaura (2014).

  57. 57.

    Zevenbergen et al. (2013).

  58. 58.

    Bock (2012); Moulaert et al. (2005).

  59. 59.

    Moulaert et al. (2005), p. 1978.

  60. 60.

    Ali et al. (2014).

  61. 61.

    Zevenbergen et al. (2013).

  62. 62.

    Zevenbergen (2013).

  63. 63.

    Awono et al. (2014); Stiem and Krause (2016).

  64. 64.

    World Bank (2006).

  65. 65.

    FAO and TerraAfrica (2016).

  66. 66.

    Ibid.

  67. 67.

    Paradza (2011).

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Correspondence to Larissa Stiem-Bhatia .

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Stiem-Bhatia, L., Kiragu-Wissler, S., Kramer, A. (2022). Sustainable Land Management Through Social Innovation in Land Tenure. In: Ginzky, H., et al. International Yearbook of Soil Law and Policy 2020/2021. International Yearbook of Soil Law and Policy, vol 2020. Springer, Cham. https://doi.org/10.1007/978-3-030-96347-7_8

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  • DOI: https://doi.org/10.1007/978-3-030-96347-7_8

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