Our purpose is to present and test a typology of land reform theories as a means of understanding and interrogating the motives behind land reform and to better equip land administrators and policymakers to enact land reform programs that are appropriate for their contexts. Here, land reform is understood to include the related concepts of land redistribution, land restitution, land tenure reform and land administration reform. The theory typology thus has application for land restitution programs specifically operating in the global South. The continuum of theories is derived from literature and tested through a multiple case study of land reform in Nigeria, Mozambique, and South Africa, drawing from a combination of primary and secondary data. The findings suggest an over-reliance on replacement theories in all three contexts, although the Mozambican experience draws on theories towards the middle of the continuum (the adaptation theories). This is recommended as the most viable approach for the context.
Human rights principles form the foundation for the move towards responsible land administration. They are embedded in such international treatises as the Sustainable Development Goals, New Urban Agenda, and Voluntary Guidelines on the Responsible Governance of Tenure, among others. These treatises provide the backdrop to the development of land policies and administration systems that seek to secure land tenure and land rights for all through adherence to human rights principles such as non-discrimination, equity and justice, gender responsiveness, transparency and accountability. Yet the human rights tradition is built on Western values and biases, and there is some contention as to the universal acceptance of this. In discussing land rights in Africa, assumptions about the universality of human rights should be weighed against such contentions if land reform programmes are to sustainably succeed. In this chapter, the arguments around human rights are presented in the context of African land reform, and a model of democratic land governance is proposed.
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