The Failure of Popular Justice in Uganda: Local Councils and Women’s Property Rights

Khadiagala, Lynn S.

doi:10.1111/1467-7660.00196

Cited by 87 publications

(37 citation statements)

References 21 publications

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“…This is because the effectiveness of the agreement -its acceptance and enforcement -depends upon social sanctions, such as shame, hostility, and social pressure on the parties. Indeed, some scholars regard the 'community harmony' model itself as idealised or even mythical, and suggest that community-based customary justice simply 'reinforces local power relations', including those related to gender (Khadiagala 2001).…”

Section: Resultsmentioning

confidence: 99%

Contesting Land and Custom in Ghana : State, Chief and the Citizen

Ubink¹,

Amanor²

2008

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law, governance, and development research l e i d e n u n i v e r s i t y p r e s s contesting land and custom in ghana state, chief and the citizen edited by J a n i n e m . u b i n k k o J o s . a m a n o r Contesting Land and Custom in GhanaLaw, Governance, and DevelopmentThe Leiden University Press series on Law, Governance, and Development brings together an interdisciplinary body of work about the formation and functioning of legal systems in developing countries, and about interventions to strengthen them. The series aims to engage academics, policy makers and practitioners at the national and international level, thus attempting to stimulate legal reform for good governance and development. All rights reserved. Without limiting the rights under copyright reserved above, no part of this book may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the written permission of both the copyright owner and the author of the book. Since the 1990s there has been a resurgence of interest in land tenure reform in Africa, which is reflected in a growing academic and policy oriented literature on the subject, and in the implementation of new land tenure reform policies and programmes and new legislation. In policy circles, recent concerns with land tenure are characterised by a distinctive approach, which focusses on building and facilitating the emergence of land markets, on promoting the rule of law and property rights, and on integrating customary and formal land tenures and the 'empowerment' of customary institutions as part of a trend towards decentralised government administration. In contrast to the dominant global approaches to land reform under modernisation during the 1960s, the major focus is now on institutional and administrative reform rather than equitable redistribution of land. During the 1960s and 1970s land administration in Africa was influenced by the paradigms of modernisation theory, which sought to replace a traditional 'backward' agricultural sector with modern farming based on mechanisation and synthetic inputs. Agricultural modernisation focussed on promoting a cadre of elite or 'progressive' farmers, whose adoption of new technologies would eventually trickle down to the peasantry. Within this modernisation framework customary land tenure was viewed as outdated. It did not provide individual farmers with secure and fungible rights in land. It was argued that this inhibited long-term investment in the productivity of land since users were not sure they would retain ownership over a long period. It also prevented the development of financial and risk markets, in which farmers would be able to use their title to land as collateral for loans and mortgages. Under the influence of modernisation theory, land tenure reform was based on promoting land titling and the creation of state cadastres through which farmers could register their land. However, land registration and ...

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Section: Resultsmentioning

confidence: 99%

Contesting Land and Custom in Ghana : State, Chief and the Citizen

Ubink¹,

Amanor²

2008

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“…18 Citizen participation on economic issues and organization of economic groups allows for some citizen power, but it is less threatening than citizen mobilization for political purposes or organizations. For instance, in China, "The CCP has adopted inclusive policies toward members of non-critical realm, particularly private entrepreneurs and technical specialists, while continuing to exclude and repress those from the critical realm who push for democratization and liberalizing reforms" (Dickson 2003: 22 (Khadiagala 2001, Lucas 1997, Pyle 2006, Bianchi 1985, Kennedy 2009, Cammett 2005. Economic groups in these countries have successfully mobilized to protect property rights, endorse liberalization, and collaborate on business ventures (Khadiagala 2001, Lucas 1997, Pyle 2006, Bianchi 1985 (Schneider and Maxfield 1997) 20 .…”

Section: Argument: Citizen Participation As a Constraint On Authoritamentioning

confidence: 99%

The Politics of Foreign Direct Investment in Authoritarian Regimes

Bastiaens

2015

International Interactions

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iv Existing scholarship does not account for why foreign direct investment (FDI) inflows have been increasing to many authoritarian countries in recent decades, with some authoritarian developing countries attracting levels of FDI similar to those in democratic developing countries. This dissertation argues that while authoritarian countries are in general more risky than democratic countries, this risk can be minimized when authoritarian regimes are constrained from both "above" and "below." Authoritarian regimes that sign international investment treaties signal FDI-friendly policies and are constrained from backtracking on those policies. At the same time, authoritarian regimes that allow some degree of citizen participation in policymaking are constrained from deviating from FDI-friendly policies, which are generally preferred by citizens. In sum, it is hypothesized that authoritarian regimes that sign international investment treaties and maintain relatively high levels of citizen participation will attract the most FDI inflows. This hypothesis is tested using micro and macro level empirical evidence. Specifically, multilevel ordered probits of survey data on citizen preferences for FDI and statistical regressions of panel data on global FDI inflows are conducted. Estimation results confirm both the theoretical foundations and formal hypothesis of this dissertation: citizens in authoritarian countries view FDI inflows as welfare-enhancing and authoritarian countries with bilateral investment treaties and high levels of citizen participation attract the most FDI inflows. Additionally, results from an original survey of U.S. foreign investors reveal that multinational companies are aware of and value international investment treaties and freedom of association in host nations, thereby providing key primary evidence in support of the hypothesis. Finally, a comparative case study of Jordan and Syria further illustrate the micro-foundations of the argument. While both Jordan and Syria have signaled a dedication to liberal economic policies, Jordan has been the successor in attracting FDI inflows because of its participatory decision-making processes. This dissertation contributes to international political economy, international organization, and authoritarian political institution research by illuminating the domestic factors that provide credibility of compliance to international treaties signed by authoritarian countries. Previous literature has failed to address the variation of foreign investment inflows to authoritarian regimes and the role of compliance to international investment treaties in attracting these investment inflows to authoritarian countries.

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“…69 'Local' justice and 'custom' can indeed defy women's rights with impunity, as Khadiagala found in the case of Kigesi women in Uganda. 70 There, given the patrilocal nature of marriages, if a woman takes a marital land dispute to a Local Council court she is likely to face a court that is filled by the relatives and friends of her husband. What kind of political dynamics, then, are being unleashed by the re-turn to 'the customary', and the revival of 'traditional' authorities?…”

Section: The Turn To 'The Local'mentioning

confidence: 99%

Liberalisation and the debates on women's access to land

Razavi¹

2007

Third World Quarterly

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The Failure of Popular Justice in Uganda: Local Councils and Women’s Property Rights

Cited by 87 publications

References 21 publications

Contesting Land and Custom in Ghana : State, Chief and the Citizen

Contesting Land and Custom in Ghana : State, Chief and the Citizen

The Politics of Foreign Direct Investment in Authoritarian Regimes

Liberalisation and the debates on women's access to land

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