Legal Empowerment of the Poor through Property Rights Reform: Tensions and Trade-offs of Land Registration and Titling in Sub-Saharan Africa
对比了非洲土地登记与确权的不同目标(保护小农、社区保护、市场促进),揭示每种路径的内在张力与权衡,有助于理解为何此类改革在非洲国家常引发争议。
Land registration and titling in Africa is often advocated as a pro-poor legal empowerment strategy. Advocates have put forth different visions of the substantive goals this is to achieve. Some see registration and titling as a way to protect smallholders’ rights of access to land. Others frame land registration as part of community-protection or ethno-justice agendas. Still others see legal empowerment in the market-enhancing commodification of property rights. This paper contrasts these different visions, showing that each entails tensions and trade-offs. The analysis helps explain why land law reforms aiming at legal empowerment may be controversial or divisive in African countries.