Maldistribution of land through customary tenure systems

Nature

Customary tenures, whereby the pattern of use rights over land are recognized by the community for centuries without necessarily the sanction of statutory or recorded evidence, are prevalent on varying scales in many countries of the developing world. The problem is of crucial importance in Africa. Though this type of tenure system was eminently suitable for regulation of land use in the past, it has undergone such modifications under the impact of the modern economic systems that new problems have arisen largely as a result of growing trends towards individualization.

Monetization and commercialization of agriculture is widely recognized as an important prerequisite for developing agriculture but the existing tenure system in its present state of breakdown acts as a limiting factor. The progress in regard to remedial measures has been very uneven, and many new problems have arisen. For instance, a cardinal feature of the old customary tenure is the delineation of specific areas as belonging collectively to a specific tribe or community. The conflict between the interest of subsistence farmers operating within the customary tenure system, individual farmers cultivating cash crops on a small scale, and that of the big commercial plantations, organized on modern lines, has become acute; well-intentioned but ad hoc efforts to tinker with tenure systems have adversely affected the interest of the subsistence farmer.

While the problem of landlessness has not yet arisen in Africa on the same scale as in Asia and Latin America, there is great danger that unregulated individualization of land and introduction of the concept of land as marketable commodity may eventually result in a growing class of rural landless, unless adequate steps are taken at this stage to solve these basic problems.

Background

The maldistribution of land under customary tenure systems gained international attention in the mid-20th century, as post-colonial states and development agencies observed persistent rural inequality and social unrest. Researchers and policymakers began documenting how traditional land allocation practices, often shaped by lineage, gender, and status, contributed to entrenched disparities. Over time, comparative studies across Africa, Asia, and the Pacific highlighted the global scope of this issue, prompting calls for reform and more equitable land governance.

Incidence

Maldistribution of land through customary tenure systems persists across many regions in Africa, Asia, and the Pacific, affecting millions of rural households. In these areas, traditional land allocation practices often concentrate land ownership among specific families, clans, or male lineages, marginalizing women, minority groups, and migrants. This entrenched inequality undermines agricultural productivity, exacerbates poverty, and fuels social tensions, making it a significant barrier to equitable rural development worldwide.
In 2022, in northern Ghana, disputes over customary land allocation intensified when local chiefs allocated large tracts to commercial investors, displacing smallholder farmers and igniting protests among affected communities.

Claim

The problem of customary tenure is closely linked with the problem of subsistence economy, unequal population pressure between different regions reserved for different tribes, and the need for balanced development of different regions. As many countries have not formulated a comprehensive land policy, a large segment of the subsistence producers has often failed to participate in the benefits flowing from economic development.

Counter-claim

The so-called "maldistribution of land through customary tenure systems" is vastly overstated. These systems have sustained communities for generations, reflecting local values and social cohesion. Claims of unfairness often ignore the adaptability and legitimacy of customary arrangements. Imposing external standards risks undermining stability and livelihoods. In reality, this issue is not a pressing problem and does not warrant the attention or intervention it frequently receives from policymakers and development agencies.