Making Land Rights Accessible: Social Movements and Political-Legal Innovation in the Rural Philippines

In recent years, rule of law and legal reform has grown to be a major concern of national governments, international financial institutions, development agencies and donor organisations. Part of this concern has focused on expanding access to justice for the poor. However, little effort has gone into understanding the role of justice sector institutions in shaping the opportunities and limits of redistributive justice. Little attention has been paid to the actual workings of obstacles entrenched within the justice sector to land reform, for example. Instead, pro-market scholars cite difficult legal problems as a reason to turn away from state-led land reform and toward market-oriented land policies. Yet as this paper shows, a closer look at the details of dynamics around land reform in the Philippines suggests that political-legal problems associated with implementation of the agrarian reform law can be overcome under certain conditions. It is argued that for rural poor claimants it is important to have access to a support structure for political-legal mobilisation, particularly an alternative ‘rights-advocacy’ outreach network, and also to adopt an integrated political-legal strategy. An integrated political-legal strategy is one that is capable of activating state agrarian reform law, exploiting independent state actors' pro-reform initiatives, and resisting the legal and extra-legal manoeuvres of anti-reform elites. However, such a strategy appears to have limits as well.     

Achieving zero hunger: implementing a human rights approach to food security in Ethiopia

A human rights approach to food security seeks to empower vulnerable groups to claim their rights. It also reinforces a government’s obligations to respect, protect and fulfil the right to food. Furthermore, it encourages the integration of the right to food into the design and implementation of food security policies. This article examines the human rights approach to food security, with specific reference to Ethiopia. It assesses the historical causes of Ethiopia’s food insecurity, and examines the legislative and policy measures that the country has adopted over the last three decades in order to achieve food security. Food insecurity in the country is largely explained by the absence of government accountability. In 1973 and 1984, the hunger caused by drought was transitioned to famine not because of overall unavailability of food in the country, but because the government failed to provide food aid to the starved people and concealed the occurrence of famines from the international donors. Despite designing some food security policies over the last three decades, the country has not yet adopted sufficient legislative and judicial measures to enforce the right to food. This article argues that Ethiopia should introduce a framework law on the right to food to end hunger in the context of achieving national food security.     

Custom and capitalism: Changes in the basis of land tenure in Ismani,Tanzania

Customary land tenure rules in Tanzania are incompatible with conditions of land shortage arising from agricultural development within an individual and incipiently capitalist framework. They are not equipped to deal with market land values, nor with individual demands which do not rest on a wider set of social obligations. Gross inequalities in land ownership are growing without controls because government policy has caused customary law to be retained for most rural land. In Ismani where agriculture is relatively developed, commercial land transactions are carried out secretly, and are consequently subject to cheating and insecurity. The only (still inadequate) means of securing title is by taking a dispute to court.     

Making the Sky Relevant to Battle Strategy: Counterinsurgency and the Prospects of Air Power in Nigeria

One of the most important roles in counterinsurgency (COIN) is to maintain adequate security presence to protect lives and properties of the affected population and restore law and order in the society. Accordingly, the state of affairs in Nigeria's COIN theater has been affected by the quantity and quality of security presence, most especially the ability of the operatives to gather timely and relevant information and mobilize for prompt response. Although the roles of the ground operatives have dominated public attention, the local air force and the complementary air powers have affected the security situations with the level of their presence or absence in the sky for intelligence, surveillance, and reconnaissance; firepower; and transportation in the theater. This study examines the relevance of security presence to achieve the objective of COIN and the prospects of air power in this arrangement in Nigeria and the Lake Chad region.     

Do land reforms have adverse impacts on the livelihoods of poor land users? Evidence from the Nkoranza South Municipality,Ghana

Poverty reduction is the overarching goal of most development interventions in the developing world. From 2004, Ghana has been implementing a land reform policy/programme that seeks to improve tenure security and reduce poverty. The present study uses qualitative methods to analyse the extent to which land reforms are enabling or inhibiting poor land users in Ghana to exit poverty and improve their living standards. The study finds that Ghana’s land reform system redefines customary land governance resulting in a breakdown of the trusteeship ethos of the chieftaincy institution, increasing land sales, insecurity of land tenure for the poor and disappearing commons. These factors subsequently have adverse impacts on the ability of poor people to meet their livelihood needs. The study concludes that, for land reforms to work proactively for the poor, they must be pursued as part of broader, holistic and integrated development initiatives.     

International terrorism,human rights,and World order

Abstract

This article attempts to summarize the efforts that have been made during the 1970s in the search for an appropriate definition of international terrorism, its causes, and the measures to combat it. It evaluates these efforts in the context of the simultaneous interests in human rights. It advances some propositions as to how international terrorism could be seen from the perspectives of both social‐psychological theories of violence and Western legal practices. In conclusion, the relationship between the individual and the state is evaluated in the context of the present world order and its operative political and legal principles. Although this approach may not solve the problem of international terrorism by advancing any neat scheme of control which can be readily applied by anxious governmental law enforcement agencies, nor succeed in articulating a strategy for the respect of human rights by governments and individuals, it will hopefully generate some ideas about how justice can be rediscovered while searching for viable solutions for both international terrorism and human rights.     

The environment – Energy security nexus: critical analysis of an energy ‘love triangle’ in Southeast Asia

The mantra of energy security is regularly employed as an excuse for governing elites in the less affluent South to pursue large-scale energy projects that are often inappropriate and unnecessary for local development needs. This situation is exemplified in Thailand, Burma and Laos. Here the dominant classes have created an energy ‘love triangle’, whereby Thailand exports the many problems associated with cross-border energy projects to its more authoritarian neighbours while importing the resultant energy. This article employs critical security literature and the concept of earth rights to investigate these relationships and elucidate resultant linkages between environmental and energy security. It finds that, far from safeguarding local communities from depravation, these projects often exacerbate existing social tensions and conflict, hastening environmental degradation and intensifying various manifestations of insecurity.     

Urbanization,rural land system and social security for migrants in China

Temporary migration due to lack of social security for migrants, rural land tenure insecurity due to frequent land reallocation and abusive land requisition due to lack of functioning land markets are all major policy challenges that China is facing in its yet-to-be finished economic transition. Although there have been intensive studies and various policy recommendations on these issues, most discussions have so far neglected the close interrelationships between these issues and have failed to analyse them in an integrated framework. The paper aims to establish such an analytical framework. By taking into account the impacts of China's characteristics, that is a large developing country in transition, on the country's migration and rural land policies, we propose a policy package to address these challenges in a holistic manner.     

Legal Empowerment and Group-Based Inequality

Abstract

Legal empowerment has become widely accepted in development policy circles as an approach to addressing poverty and exclusion. At the same time, it has received relatively little attention from political scientists and sociologists working on overlapping and closely related topics – the rule of law, the functioning of judicial systems, property rights, labour politics, and business and governance, among others. Research on legal empowerment has been largely applied, with clearest grounding in the fields of law and economics. This special issue speaks to this gap with contributions on six core areas of legal empowerment. This article frames the collection. It provides a brief introduction to legal empowerment and advances two broad arguments. First, an ethnic group-focused approach is a useful starting point in considering the impact of legal empowerment and other development interventions. Second, the state via the law contributes to ethnic inequalities in four broad ways – via its written laws, their implementation and actual practice, historical legacies of law and practice, and ethnic hegemony embedded in the system. Thinking about legal empowerment initiatives within this framework provides understanding both of their potential and their limitations.     

Assembling security in a ‘weak state:’ the contentious politics of plural governance in Lebanon since 2005

Lebanon is most often depicted as a ‘weak state’ lacking territorial sovereignty and thus fostering the proliferation of violent non-state actors that generate political instability and regional insecurity. In contrast, this essay explores the dynamics of security politics in Lebanon since 2005 through the lens of hybrid sovereignty. It shows how an assemblage of state and non-state actors has been able to navigate between rival understandings of insecurity, producing at times shared, but still contested, understandings which have sustained a system of plural governance over security that has been able to respond to a shifting geography of threats.     

Merging legality with illegality in Paraguay: the cluster of order in Pedro Juan Caballero

Paraguay is often described as a territory of drug trafficking, smuggling and commercial piracy. However, the country remains understudied by academics researching criminality and illegal markets. Pedro Juan Caballero, a city located on the northern border with Brazil, is an interesting case study to illustrate how legality and illegality merge in Paraguay to create hybrid social orders. The daily life in the city, one of the best places in the world for cultivating marijuana, unfolds between the higher homicides rates and some of the lowest levels of common criminality in Paraguay. Far from being a matter of state weakness, the expansion and tolerance of illegal activities is framed within a cluster of order that combines both rational legal practices and neo-­patrimonial norms. The presence and roles of state institutions are re-signified, generating alternative hierarchies, practices and values to supply social, political and economic outcomes. Through in-depth interviews with key informants, ethnography visits and analyses of aggregated data, this paper describes the hybrid order of Pedro Juan Caballero by tallying the incentives that encourage social and institutional tolerance of illegality and describes how illegal practices create access to goods, services, protection and expectations not provided by the legal framework.     

The prism of strategic culture and South Asian nuclearization

In this paper, Ken Booth's concept of strategic culture is drawn on to examine India and Pakistan's nuclear policy options/policies. The thrust of the argument is that the perceptions of India and Pakistan's strategic insecurities as interpreted by their security managers, through the prism of their strategic cultures, have, in conjunction with material, domestic and technological factors, defined their nuclear trajectories. In framing the argument, although appreciative of the material (realist) realm, attention is drawn simultaneously to the inter-subjective (constructivist) realm, namely, that productions of insecurities are also ‘cultural’. This constructivist line of analysis, which draws attention to culture ‘as both a source of insecurity and an object of analysis’ in international relations, has implications on the future of a nuclearized South Asia.     

Land reform in the shadow of the state: The implementation of new land laws in Sub-Saharan Africa

The importance of effective implementation of new land laws and the difficulties associated with it are alluded to in almost every recent piece of writing on African land reform. However, the process of implementation has remained neglected and little theorised. Drawing on a body of political science and policy studies literature which considers implementation and the difficulties to which it gives rise, this paper will attempt to advance a critical approach to the role of law in altering land relations in Africa. It will use the experiences of Tanzania, Uganda and South Africa to illustrate that, while some barriers to implementation are easily identified, and therefore receive relatively more attention, there are other important factors which might hamper attempts to change land relations. It is usual to understand land reform as direct state intervention in property relations. However, this paper will argue that the capacity of the state in Africa to carry out land reform is severely limited. The paper therefore attempts to identify an altogether different set of actors in the reform process. Its starting point will be the observation that land reform may take place less as a result of direct state action and more as a consequence of the actions of private individuals within the state.     

Translating Legal Rights into Tenure Security: Lessons from the New Commercial Pressures on Land in Ghana

Abstract

Since the confluence of the food and oil price crises of the mid 2000s, Ghana has become a prime destination for large-scale farmland investments. While this trend could make valuable contributions to an ailing agricultural sector, the alienation of rural land for commercial ends could conversely have far-reaching implications for customary land rights. Through an analysis of the legislation protecting customary land rights and governing such the alienation of those rights and by contrasting this with practice, this article highlights some of the fundamental challenges in translating legal rights into tenure security in contemporary Ghana. It shows that despite the legal recognition of customary land rights, in practice customary land users are ultimately responsible for contesting infringements upon these rights. With traditional authorities able to capture substantial rents from the alienation process and government institutions offering scant oversight as a result of fragmented responsibilities, capacity constraints, and political disincentive, the protection of customary land rights is becoming increasingly contingent on community ‘capacity to claim’. Since poor access to information, unrealistic expectations and deference to traditional authority tends to quell disputes over alienation, the limited mechanisms for protecting citizen access to resources gives reason to reconsider the importance of direct state involvement in the customary land domain.     

Everyday Engagement in Spectacular Situations: popular participation in Colombian security provision

In the past three decades, citizen participation has been heralded as the hallmark of democracy and economic transparency. Yet citizen participation has not been limited to political and economic processes. In this paper I consider the incorporation of participatory measures in an arena frequently overlooked: security provision. I trace the origins, evolution and effects of efforts to increase citizen participation in security provision in Colombia. Despite notorious images of paramilitary forces, guerrilla insurgents and vigilante groups, citizen participation in security provision tends to be banal, boring and not particularly effective, as average people attend local meetings, work through state bureaucracy, and comply with new policy initiatives. I argue that insecurity in Colombia is neither a product of apathetic citizens nor of violent, uncontrollable mobs, but rather part and parcel of an emerging form of governance in which citizens are made responsible for their own security provision.     

Enforcing labour rights of irregular migrants in Indonesia

The multi-directional nature of labour migration flows has resulted in an increasing number of countries having become both senders and receivers of regular and irregular migrants. However, some countries continue to see themselves primarily as senders and so ignore their role as a receiving country, which can have negative implications for the rights of migrants in their territory. Using the example of Indonesia, which is State Party to the 1990 UN Convention on the Rights of All Migrant Workers and Their Families, this article demonstrates that irregular migrant workers in this country have the legal right to protection against labour exploitation even when they work despite the government’s prohibition on employment. The article discusses the ‘right to work’ and how international human rights law has translated it into the ‘right to protection from labour exploitation’ for irregular migrants in Indonesia. By way of two case studies about the Indonesian government’s handling of irregular migrants, it shows how it prioritises enforcement of the employment immigration law over labour and employment laws much like countries that have not ratified the ICRMW. It also draws attention to legal protection gaps that emerge for asylum seekers when they are recognised to be genuine refugees.     

Divisive ‘Commonality’: state and insecurity in the Democratic Republic of Congo

Northern donor policies relating to building a common future and building peaceful states and societies go to the heart of national and international security agendas. This article critiques the concept of commonality between donors and recipients and within recipient countries. It argues that the policies are problematic from the perspective of security theorising, both in their mooted ‘commonality’ and in terms of the political intervention that they imply. Historically security has been competitive and founded on compromise rather than commonality, and the internal legitimacy of states has been contested domestically, rather than ‘built’ from outside. Using the example of the Democratic Republic of Congo, the article argues that the ahistorical assumptions of these policies and the activities they license have entrenched specific forms of insecurity. There have been some returns to the donors and implementing partners but also some costs, which had not been calculated, as lessons have not been drawn from past experiences.     

Fighting crime and maintaining order: shared worldviews of civilian and military elites in Brazil and Mexico

Abstract

Domestic internal security missions have become a centrepiece of Brazil and Mexico’s counter-narcotic efforts. Relying on a set of interviews, this article addresses narratives of elites engaged in the decision-making process and implementation of military operations to counter drug trafficking crimes in Rio de Janeiro and Tijuana. In spite of different levels of drug trafficking organisation and international ramification, this article points out the existence of shared narratives of growing insecurity and criminal strength in Brazil and Mexico, justifying state military reaction against a perceived national security threat. The article thus suggests the relevance of civil–military elites’ perception in defining public policies’ instruments and, ultimately, in upholding the militarisation of security in democratic regimes.     

Decoupled Implementation of New-Wave Land Reforms: Decentralisation and Local Governance of Land in Tanzania

Decentralisation is a key element in the new wave of land reforms that have been introduced in sub-Saharan Africa. However, not much research has been carried out into their implementation at the local level. Consequently, reforms are described in old-fashioned terms. Through comparative case studies in Tanzania, this article unpacks implementation as a process consisting of multiple administrative layers and potential actors. It concludes that implementation is slow and uneven due to the decoupling of layers within the formal land administration. Greater attention should be directed towards the local level as a part of the land administration structure.     

Between the hammer and the anvil: post-conflict reconstruction,Islam and women's rights

This paper argues that gender issues are becoming politicised in novel and counterproductive ways in contexts where armed interventions usher in new blueprints for governance and ‘democratisation’. Using illustrations from constitutional and electoral processes in Afghanistan and Iraq, it analyses how the nature of emerging political settlements in environments of high risk and insecurity may jeopardise stated international commitments to a women's rights agenda. The disjuncture between stated aims and observed outcomes becomes particularly acute in contexts where security and the rule of law are severely compromised, where Islam becomes a stake in power struggles among contending factions and where ethnic/sectarian constituencies are locked in struggles of representation in defence of their collective rights.