Coercion to Conversion : Push and Pull Pressures on Custom Land in Vanuatu

Haccius, Justin

World Bank, Washington, DC

关键词: AGRICULTURE;    ARCHITECTURE;    BONDS;    CULTIVATION;    DEVELOPERS;   

RP-ID  :  49322

学科分类：社会科学、人文和艺术（综合）

来源: World Bank Open Knowledge Repository

【 摘 要 】

This paper describes some features ofcustom landholding. It evaluates elements of the process bywhich custom land is converted into registerable form, andconsiders how the judicial system is placed to resolvedisputes involving custom landholders in a context where theframework for the recognition of custom is under-developed.Certain commentators argue that custom landholding isinherently incompatible with economic development. Othersdisagree pointing to success stories and arguing that apurely economic analysis dismisses the benefits, alsoinherent in custom landholding, of community and culture.Wherever one stands on this debate, what is clear is thatthe process of converting custom land into registeredleasehold is fraught with dispute, disillusionment andcontroversy. The current process is sharply tilted towardthe structures of the formal system and the interests ofthose who have access to that system with the result that:(i) custom landholders are often excluded from equitableparticipation in the development of their land, and (ii)attempts to use the legal system to respond to theseproblems are frustrated.