Land Law Reform in Eastern Africa: Traditional or Transformative?
A critical review of 50 years of land law reform in Eastern Africa 1961 – 2011
Routledge – 2013 – 286 pages
Land Law Reform in East Africa reviews development and changes in the statutory land laws of 7 countries in Eastern Africa over the period 1961 – 2011. The book is divided into two parts. Part 1 sets up the conceptual framework for consideration of the reforms, and pursues a contrast between transformational and traditional developments; where the former aim at change designed to ensure social justice in land laws, and the latter aim to continue the overall thrust of colonial approaches to land laws and land administration. Part 2 provides an in-depth and critical survey of the land law reforms introduced into each country during the era of land law reform which commenced around 1990. The overall effect of the reforms has, Patrick McAuslan argues, been traditional: it was colonial policy to move towards land markets, individualisation of land tenure and the demise of customary tenure, all of which characterise the post 1990 reforms. The culmination of over 50 years of working in this area, Land Law Reform in East Africa will be invaluable reading for scholars of land law, and of law and development more generally.
Introduction: The conceptual framework of the paper; PART 1: From c.1961 to c.1990:Chapter 1: An overview of the land laws at independence; Chapter 2: 1961 – c.1990: The lack of any land reform; Chapter 3: Two case studies from this era; PART 2: The era of land law reform c.1990 onwards; Chapter 4: The global intellectual climate for land law reform; Chapter 5: Zanzibar; Chapter 6: Mozambique; Chapter 7: Uganda; Chapter 8: Tanzania; Chapter 9: Somaliland; Chapter 10: Rwanda; Chapter 11: Kenya; Chapter 12: Urban planning law reform in the region; Chapter 13: Gender and land law in the region ' Chapter 14:Transformational, traditional or political: the reforms assessed; Appendix; Table of principal land laws 1961 – 2012; References
Patrick McAuslan MBE is Professor of Law at Birkbeck College, University of London