You are here
Integrating Customary Land Tenure into Statutory Land Law
This brief paper describes the varied means by which countries have granted legal recognition to customary property rights and institutions, which is part of a growing recognition that colonial land systems failed to remove customary practices. Specifically, it describes the governing legislation and experiences implementing relevant provisions of those laws for seven sub-Saharan African countries: Botswana, Namibia, Uganda, Tanzania, Mozambique, South Africa, and Mauritania. The paper further illustrates the adoption of customary dispute resolution systems in the Kyrgyz Republic. Rather than conducting a review of the theoretical debates on the interface between customary and statutory tenure, this briefing note builds on new empirical evidence from recent experience.