Towards more rule of the law
For most Third World countries, the beginning of the period
under discussion brought the end of colonialism and political
independence. The early years usually saw a continuation of
the law-and-order policy. Most of the rural population was
little affected by legal matters because of the absence of
communications, a lack of knowledge of alternatives and few
challenges to the established order. Since then, several developments
have brought about considerable, not always positive, changes.
The independent states established their own laws and policies
governing how to deal with the land issue. This caused mobility
in rights and regulations. The attempt to achieve sovereignty
in land issues led to endeavours to superimpose modern rights
on traditional rights which was frequently coupled with the
deterioration of traditional authorities and conflicts between
both systems of rights. The political awakening of the population
took place at varying speeds in the different strata, and
those groups which obtained the relevant information at an
earlier point of time were often in a position to legally
or illegally take advantage of the situation at the cost of
others. Weak governments could not guarantee rule of the law
for everybody, and this reduced the certainty respecting rights
to land and water in the case of the backward population.
One can observe the elite taking advantage of other groups
all over the world, and the situation in the FSU states is
only a repetition. A special case is women's rights in the
question of land ownership and usufruct. This varies greatly
between cultures and is often regulated to a greater extent
solely by traditional norms than by modern laws. Another example
is the rights of the indigenous population.
On the other hand, the modernization of agriculture and
attempts to improve the living conditions of the poor require
security regarding land rights in order to create incentives,
make investments possible and limit risks. This requires a
revival of traditional arbitration institutions, or the creations
of new substitutes at various levels. In order for such institution
to function, it is necessary that land rights are registered
clearly and transparently. A cadaster, or land register, is
only one example of how that can be done.
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