Land Use Policy 42 (2015) 538–546

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Land Use Policy

journal homepage: www.elsevier.com/locate/landusepol

Land reforms and land rights change: A case study of land stressed
groups in the Nkoranza South Municipality, Ghana
David Anaafo ∗
University of Tasmania, Institute for Regional Development, Cradle Coast Campus, Burnie, TAS 7320, Australia

a r t i c l e i n f o a b s t r a c t

Article history: Ghana has since the introduction of the National Land Policy in 1999 developed and began the imple-
Received 12 April 2014 mentation of a Land Administration Project with the goal of ensuring transparent and secure access
Received in revised form 4 September 2014 to land by investors as a means of stimulating national development. This study was conducted using
Accepted 11 September 2014
a qualitative research paradigm. An ethnographic case study approach, construed as a merger of case
study and ethnographic methods for detailed socio-cultural analysis of a phenomenon was employed to
Keywords:
undertake the study. Although, the research acknowledges the role of community dynamics in shaping
Ghana
land rights change; it attributes current land rights changes to a land reform system that exposes close
Nkoranza South Municipality
National Land Policy
knit communal land resources to global resource consumption and transnational land deals. The study
Land reforms therefore recommends that to safeguard the land rights of vulnerable land users, land reforms must be
Land rights change constructed such that they embody the spiritual, physical and human worldviews of land.
© 2014 Elsevier Ltd. All rights reserved.

Introduction land reforms, however, is surrounded by theoretical and conceptual

positions which posit methodological supremacy over each other.
A major resource in the production mix and a foundation of the There is that group of theorists (Cooter, 1982; de Soto, 2000;
wealth of developing countries is land and it is widely acknowl- Demsetz, 1967; The World Bank, 2002, 2013) who see individual-
edged that properly designed property rights have the potential to ised systems of land ownership as the most appropriate way of
unpack the value of land and enhance socio-economic development making land available in a secure and productive manner. Oth-
(de Soto, 2000; Economic Commission for Africa, 2004; The World ers (Banik, 2008; Commission on Sustainable Development, 2008;
Bank, 2002). The relevance of land to socio-economic development Morsink, 1999) rather argue that land can be made much more pro-
of nations is made much clearer by Bruce when he states that: ductive and secure if the distribution of the benefits and burdens
are entirely left to the bureaucratic governmental machinery. And
“The role of land tenure—property rights in land—has been a
yet still a third group (Dolšak and Ostrom, 2003; Ostrom, 1990;
major preoccupation in development discourse from the time
Ostrom et al., 2002) posit that the productive potentials of land are
of giants like Adam Smith and Karl Marx through to today’s
better harnessed when the governance processes are determined
luminaries, such as Hernando de Soto. In spite of their sub-
by communally defined structures and institutions.
stantially different perspectives, none of these worthies ever
Some other works (Anaafo, 2013; Chigara, 2004; Davy, 2009,
doubted the critical importance of land and property rights in
2012; Deininger, 2003; Manji, 2006) have advocated for integrated,
the development process” (Bruce, 2006: 1).
contextualised, organismic and “polyrational” approaches to land
Land’s acclaimed importance can only be realised when reforms as opposed to the “silo” approaches being mooted. The
proper policy directions and implementation mechanisms lead to arguments of these individuals are centred around the fact that
improved and secure access to land for the greatest number of such integrated approaches offer better options for the attainment
land users. Achieving this has been the domain of land reforms, of welfare, efficiency and equality and empowerment, the goals of
“the generic term for modifications in the legal and institutional land reforms as proclaimed by Platteau (1996) and Agarwal (2003).
framework governing land policy” (FAO, 2003: 69). The pursuit of These theoretical debates, notwithstanding, land reforms are
receiving greater attention by the governments of many developing
countries (Bruce, 2006). Examples include the land and real estate
∗ Tel.: +61 0428941634; fax: +61 0364304965. registration of the Kyrgyz Republic; the land titling and registra-
E-mail addresses: david.anaafo@gmail.com, David.Anaafo@utas.edu.au tion project of Armenia; the farm privatisation support project of

http://dx.doi.org/10.1016/j.landusepol.2014.09.011
0264-8377/© 2014 Elsevier Ltd. All rights reserved.
 D. Anaafo / Land Use Policy 42 (2015) 538–546 539

Tajikistan; the urban property rights titling and registration project

of Peru; and tenure reforms in the former homelands and South
African Development Trust (SADT) (Bruce, 2006). Africa has had its
fair share of these reforms and Ghana, the focus of this paper, has
since 2004 been implementing a Land Administration Project (LAP)
that seeks “to stimulate economic development, reduce poverty
and promote social stability by improving security of land tenure,
simplifying the process for accessing land and making it fair, trans-
parent and efficient, developing the land market and fostering
prudent land management” (Ghana Government, 2003: 3).
Broadly, this research seeks to understand the impacts of land
reforms as practiced in Ghana on poverty reduction. This is exam-
ined within the context of changes in the claims and rights of
different land users and implications on the sustainability of their
livelihoods. This paper, through the Nkoranza South Municipality
case study, seeks specifically to understand the extent to which land
resource governance in Ghana, altered through land administration
reforms, are contributing to change the land access and use rights
of vulnerable land actors. This is relevant because, while a num-
ber of discourses (Cotula, 2007; Economic Commission for Africa,
2004; Yankson et al., 2009) have examined the changing land rights
context, the role of land reforms in deepening those changes, or oth-
erwise, has not received much attention. This is the gap being filled
by this study. Ghana’s case is significant for advancing the policy
and academic debate about this subject because the LAP was insti-
tuted as part of the neo-liberal imperative for economic reforms
dictated by the World Bank on debtor countries. Fig. 1. Map of Ghana with Nkoranza inset.
The paper is divided into three parts. The first part introduces the Source: Adapted and Modified from FAO (2006).
study, describes the research area and discusses the methodology
that was used in undertaking the research. The second part dis- in districts with characteristics similar to those of Builsa and
cusses the traditional land tenure of Nkoranza and the reforms that Savelugu-Nanton without compromising on the need for first-hand
have taken place, as well as the motivations behind those reforms. understanding of the study issues.
The final part discusses the conception of land in the Nkoranza area, Reconnaissance surveys were undertaken in each of the
primary and secondary rights to land and how such rights have been remaining 3 districts for the purpose of selecting the most appro-
altered by land reforms; arguing that land access and use rights priate study area. The Nkoranza South Municipality (NSM) was
grounded on consensual and cooperative community practices are chosen because it exhibited dominance in the areas of migrant
now being driven by the market forces of demand and supply. farming activities; good mix of pastoralism and farming; and the
active involvement of women in Agriculture when compared to
the other districts. Having chosen the study area, the research
The research site sought to have a fair coverage of the district in a holistic manner.
As a result, data collection was conducted along the four agricul-
The district selected for this study is one of 37 others that tural operational zones of the district, namely: Dotobaa operational
benefitted from the Customary Land Secretariats (CLS) initia- zone, Nkwabeng operational zone, Nkwanta operational zone, and
tives of the Land Administration Project (LAP). The 37 districts, Ayerede operational zone. Within each operational zone, respon-
located in various regions across Ghana were initially identified dents were selected based on availability, readiness and willingness
through desk studies and consultations with various land sector to partake in the research.
actors. Inline with the research questions of this study, however, NSM is located in the middle portion of the Brong-Ahafo region
5 out of the 37 districts were chosen for further assessment, of Ghana. It covers a total land area of 1100 km2 and is composed
based on desk study results. These 5 included Dormaa Municipal- of 126 settlements. The population of the municipality currently
ity, Ejura-Sekyedumase Municipality, Nkoranza South Municipality, stands at 100,929 with an annual growth rate of 2.3 percent. Fig. 1
Savelugu-Nanton Municipality and Builsa District; chosen because is a map of Ghana with the NSM inset (map not drawn to scale)
they satisfied the variables of rurality (agrarian with varied, but (Nkoranza South Municipal Assembly, 2010).
good mix of farming and pastoralism); and diversity of land based,
land stressed actors (women farmers, pastoralists and migrant Methods
farmers). These actors are defined as land stressed because pas-
toralists and migrant farmers are non-members of the land owning This study was conducted using a qualitative research paradigm.
communities and their land access arrangements are negotiated An ethnographic case study approach, construed as a merger of
outside customary practices of descent/family lineage. Women case study and ethnographic methods for detailed socio-cultural
farmers, however, are thought to be adversely impacted by both analysis of a phenomenon was employed to carry out the study.
customary and statutory land tenure arrangements, resulting in Data was gathered from the following sources:
less than optimal access to land and other natural resources
(Agarwal, 1994; Lastarria-Cornhiel, 1997). • Twelve (12) migrant farmers, twelve (12) pastoralists and
Further analysing the districts, Builsa district and Savelugu- thirteen (13) women farmers were interviewed using semi-
Nanton were eliminated because the researcher could not structured interview schedules to understand the extent to which
effectively communicate in the local dialects of those communi- land reforms impacts their rights to access and use land. The
ties. Again, the research questions can be adequately answered study also recruited and interviewed eight (8) land governance
540 D. Anaafo / Land Use Policy 42 (2015) 538–546

decision makers drawn from traditional authority (3) and officials The NLP of 1999 was therefore immediately followed with the
of decentralised governmental bodies (5) to enable an under- Land Administration Project (LAP) developed between 2000 and
standing of the land governance issues in the municipality. The 2003. The LAP has been under implementation over the last decade
sample determination was governed by the key variables of het- with support from the World Bank, the Canadian International
erogeneity and saturation. The land stressed, land based actors in Development Agency (CIDA), the UK Department for International
Nkoranza are heterogeneous in composition and it was important Development (DFID), the German Technical Cooperation (GTZ now
to ensure that the sampling process was fairly inclusive of each GIZ), and the Nordic Development Fund. The NLP and its accompa-
land stressed group. The members of each participant group were nying LAP are the most visible central governmental response to
also interviewed to the point where the researcher was satisfied the rather numerous challenges plaguing the land sector in Ghana
that answers to the research issues were fairly exhaustive. For (Aryeetey, 2007).
research studies underpinned by the variables of heterogeneity The implementation of the NLP and the LAP seek to strengthen
and saturation, 15 participants ± 10 is sufficient for the attain- chiefly administration of land, as evidenced by the establishment
ment of research quality (Creswell, 1998; Guest et al., 2006; Kvale, of Customary Land Secretariats (CLS) under their auspices (Ubink
1996). and Amanor, 2008). The CLS are mandated to keep and maintain
• Structured observation was also a key data gathering tool. It was records of land dealings in the locality; provide information about
used to scan the agricultural landscape of the NSM for an under- the land owning community to the public; keep records of all fees
standing of how much land was being used and for what purpose. and charges associated with land deals; and promote the use of
Key to this process was an assessment of observation data, for the Alternative Dispute Resolution (ADR) to settle land related conflicts.
purpose of further identification, growing land use activities as The CLS of the NSM was established in 2008 under the aegis of
well as declining land use activities and the reasons behind such the Paramount Chief. It is housed in the palace of the Nkoranza
developments. Paramountcy and composed of 27 members, most of whom are
• Document investigations were also undertaken as a way of con- caretaker chiefs of lands on behalf of the Paramountcy.
firming, further probing and generally triangulating the data. The land reform process of Ghana adopts an “agency method”
Various legal documents, agricultural sector policies and pro- to the legal recognition of customary tenure. Fitzpatrick (2005) dis-
grammes, land sector policies and programmes, reports of cusses a number of “‘Best Practice’ Options for the Legal Recognition
decentralised governmental departments, among others were of Customary Rights.” He identifies these to include: the minimal-
the documents investigated during the fieldwork. ists approach, the agency method, the group incorporation method
and the land boards approach. While not delving into the differ-
The unit of analysis was the individual land units. This was so ent approaches, the agency method which mirrors Ghana’s land
reform approach entails the appointment of an agent to represent
because the focus of the research was on land access arrangements
for various land based actors and the individual was seen as a better a customary group in all its land dealings. The agents, under this
system are so empowered that deals reached between them and
land unit in comparison to the household. The data was analysed
investors cannot be invalidated in the event of disputes within land
qualitatively under various thematic areas.
owning groups. While the approach has the potential to simplify
dealings in land, it is seen as a colonial relic of a kind resembling
Traditional land tenure and land reforms in Nkoranza the “indirect rule system” which was introduced by colonialists in
British West Africa. It is also seen to have the potential to empower
According to Sarpong (1999) the basis of most land holding in agents, who may then act contrary to the interests of the customary
Ghana is customary land law. Across Ghana, however, there are groups they represent (Fitzpatrick, 2005). Its most recent applica-
considerable variations in the nature of customary law by regions, tion was in Papua New Guinea in 1971, where it was withdrawn
tribes and communities (Blotcher, 2006). This, notwithstanding, after criticisms of its potential for abuse by the agents (Trebilcock,
it is estimated that about 80 percent of land in Ghana is held by 1984).
individuals, families, stools and tendambas under customary law Land reforms in Ghana adopted the agency method because
(Kasanga and Kotey, 2001). Bruce (1988) observes that traditional of its potential to enable government achieve its objectives of
societies in most African countries are organised such that a hier- simplifying and liberalising the land market. It had been argued
archy of groups is the focus of land rights. He further indicates that (Ministry of Lands and Forestry, 1999) that the identified land sec-
the system is so structured such that rights are pyramiding towards tor problems stifled investments in the land sector. The goal of land
a king or paramount chief. reforms therefore was to “stimulate the national economy, and
The land governance system of the Nkoranza customary land reduce poverty by simplifying the process for accessing land and
area is similar to that described by Bruce (1988). The Paramount making it fair, transparent and efficient, developing the land mar-
Chief of Nkoranza is the embodiment of the near-maximal inter- ket and fostering prudent land management” (Ghana Government,
est in land within the Nkoranza socio-cultural structure. However, 2003: 3). The goal and objectives of land reforms in Ghana are neo-
lower level divisional chiefs, sub-chiefs and clan and family heads liberal in inclination. This claim is supported by the multiplicity
exercise daily managerial functions of allocation, leases and grants of policy initiatives and land sector interventions that have been
on behalf of the Paramount Chief. implemented over the years in support of liberalising the land
Customary land governance in Ghana is undergoing some market. For instance, the land component of the programmes of
changes due to the implementation of land reform programmes in the Millennium Development Authority (MiDA) sought to improve
response to land sector problems. The National Land Policy (NLP) access to rural lands with secured title within the LAP framework
of Ghana, published in 1999 provides a broad overview of the by ensuring a clear definition of property rights through improved
nature and reach of the challenges facing the land sector. They titling (Karikari, 2006). Other programmes such as the Ghana land
range from indeterminate boundaries of customary owned lands to bank information directory compiled in 2008 (Ministry of Lands
inadequate coordination with neighbouring countries in the man- Forestry and Mines, 2008); the Ghana Food and Agriculture Sector
agement of international borders. Government argued that these Development Policy (FASDEP II) (Schoneveld and German, 2013);
problems undermined both national and international investments and the Ghana Commercial Agriculture Project (GCAP) (Ministry of
in the land and natural resources sector of Ghana (Ministry of Lands Food and Agriculture, undated), all seek to open up rural land for
and Forestry, 1999). agricultural, industrial, commercial and residential developments.
 D. Anaafo / Land Use Policy 42 (2015) 538–546 541

Neo-liberal approaches to land reforms are not new. Initial calamities befalling the community (Field interviews, June–August,
foundations to neo-liberal land reforms where espoused by Coase 2013).
(1960); Demsetz (1967) and Hardin (1968). Demsetz (1967), for Land is not only a divine or spiritual resource but also a socio-
example, argues that legal rules surrounding property evolve to economic asset and status symbol. It was variously described as
reach efficient outcomes, mostly from communal systems to pri- “agyapadee” (i.e. property) bestowed on humanity by God. Land is
vate systems of land ownership. Renewed interests in neo-liberal also observed under this notion as a “symbol of wealth and a liveli-
land based solutions to pro-poor development, however, are as a hood support to families in the form of food, meat and energy.” In
result of high profile works (de Soto, 2000; The World Bank, 2002, this respect the people of Nkoranza perceive land as an inheritance
2013) suggesting a positive correlation between individualised sys- from their ancestors meant to support their economic wellbeing
tems of land ownership and development. Conclusively, however, and portray the might of Nkoranza (Field interviews, June–August,
neo-liberal land reforms seeks to ensure that land resources are 2013).
capable of “being divided, combined or mobilised to suit any trans- Land is also understood by the people of Nkoranza to connote an
action” (de Soto, 2000: 157). Compared and contrasted with the ancestral heritage. It is believed to have been handed down to the
goal and objectives of the NLP, the LAP, as well as other govern- present generation by their ancestors who were the first to settle
mental policies and programmes, a justifiable claim can be made on the virgin land. Expressions such as land symbolises “our first
that Ghana is seeking to implement a system of individualised land settler status”; it is our “ancestral heritage” and it is a “heritage of the
ownership. local people and a symbol of the traditional authority” were used to
Ghana’s recourse to neoliberal land reforms has, however, been refer to land (Field interviews, June–August, 2013).
criticised for its potential to rather create insecurity for various The local understanding of land of the people of Nkoranza sits
customary usufructuaries. Blotcher (2006: 177) argues for instance well within the understanding of the worldview of most indigenous
that “a system that cannot deliver on its promise of predictability African societies. Worldview, is used to refer to the set of assump-
may be worse than no formal system at all”. Again, Ghana’s recourse tions, perceptions and meanings that people employ to explain
to the agency method of land reforms seems to have neglected the reality and their place and purpose in this world (Mkhize, 2004).
long held view that chiefs have in the past used their positions to The understanding of land as espoused by the people of Nkoranza is
redefine property rights for their personal benefits (Firmin-Sellers, situated within the general African worldview that land, water and
2007). Aryeetey (2007) also criticises the policy on the grounds that other gifts of nature are not just economic resources and factors
it adopts an overly technocratic approach to the issue of land tenure of production but are also resources within the sanctity of nature
reforms as it ignores the political considerations and other prob- (Millar, 2004).
lems associated with land tenure reforms. He also emphasizes that The local views expressed are also quite well situated within the
the problems of spiralling agricultural rents; the high cost of urban traditional Ghanaian understanding of land as belonging to a triad
land; the wanton alienation of land by chiefs; discriminatory land – the living, the dead and the yet unborn. The point is made by
allocation against certain members of landowning families; and the Mbiti (1991) and Mkhize (2004) that in many Ghanaian societies
growing insecurity of secondary land interests among others are the universe, which invariably can be termed land, has dualistic
problems not addressed by the policy. meaning – the physical and the spiritual, although the two are said
to be paradoxically one unit.
These nuanced and interwoven understanding of land by the
The conception of land in Nkoranza people of Nkoranza influences their actions and relationships with
nature generally and land in particular. The worldview of land by
The people of Nkoranza have a conception of land that is well the people of Nkoranza is that of a communal property bestowed on
situated within the Akan tradition and cultural practices. Land is them by divinity to be used wisely and held in trust for generations
perceived as a spiritual asset, cultural resource, economic status yet unborn. This worldview of land by the people of Nkoranza is
symbol, social capital and divine creation. The local and/or tra- similar to that expressed in Gonese (1999 quoted in Millar, 2004:
ditional understanding of land is an important ingredient in the 3) of the Shona Cosmovision.
determination of the most appropriate reform interventions to be Fig. 2 shows that there is a clear linkage between the human,
implemented in any given area. the natural and the spiritual worlds on matters of land. The human
Within the study area land is first and foremost perceived by the world through anthropogenic activities provides messages to the
people as a divine creation. During interviews there were the recur- natural world, which is met by an appropriate response, either
rence of such phrases as “land belongs to God”; “land is a creation of through catastrophes requiring action or increased yields. But
God for the use of mankind”; and “God owns the land, we are tem- humans in our activities also seek blessings and guidance from the
porary caretakers”. There were also other categories of people who spiritual world, and expect and or actually do receive appropriate
perceived land in divine terms but related it to traditional African responses in the form of blessings or punishments based on our
spiritual practices. These individuals discussed land as an ancestral conduct. The spiritual world is the creator of the habitat of the nat-
heritage requiring annual purification in the form of pouring of liba- ural world but yet as per our beliefs the spiritual world is part of
tion to ancestors. They pointed out that within their socio-cultural the natural and human worlds.
setting; land is referred to as “Asaase Yaa” (i.e. earth goddess). In that People are at the centre of the cosmovision and are therefore
respect, members of the society are mandated annually to provide expected to exhibit the kind of conduct that makes it possible for
yam, chicken and drinks to be offered as sacrifice to their “earth them to avoid punishment and receive blessings from the spiri-
goddess.” These are done to ensure that Asaase Yaa continues to tual world, while maximising their welfare from the natural world.
produce bumper harvests from Her bellies to support livelihoods. They are also to ensure the provision of the right messages to
By perceiving land in this light, certain conducts are also consid- the natural world that would lead to conservation of the chan-
ered abominable. These include working the “earth goddess on her nels to the spiritual world. This understanding of land shaped
natal days, having sexual intercourse in the forest, visiting certain rights to land in the past, in the NSM, with chieftains expected
water bodies during menstrual periods of a woman, spilling innocent to conduct the affairs of their communities such that they avoid
human blood on the earth goddess” among others. Indulging in any punishment but receive blessings from the ancestors by ensuring
of these acts is considered detestable and requires the purifica- fairness and transparency in the allocation of such a vital communal
tion of the earth goddess by offering traditional sacrifices to avert resource.
542 D. Anaafo / Land Use Policy 42 (2015) 538–546

Fig. 2. The Shona Cosmovision.

Source: Millar (2004: 3).

Rights to land in the Nkoranza South Municipality I can do whatever I wish on the family lands which are at my dis-
posal except having to sell them off. These are family lands and
Two broad categories of rights to land were identified in the must be kept for use by future generations. I cannot also cut down
NSM. These are primary rights and secondary rights. In this paper timber trees for personal use. To do so I require the consent of
land rights is used broadly to encompass rights of access, with- the Abusuapanin. These days, however, people are able to will out
drawal, management, exclusion and alienation. Land rights are also their lands and other properties directly to their children, instead of
defined here as “claims that are legally and socially recognized and their nephews as custom demands.” (Personal Interview, August,
enforceable by an external legitimized authority, be it a village- 2013).
level institution or some higher level body of the State” (Agarwal,
The position expressed in this interview was re-echoed in sev-
2002: 3).
eral other interviews. This position is affirmed by a study conducted
by the Nkoranza South Municipal Assembly (NSMA) in 2010 where
Primary rights to land in Nkoranza South Municipality it was realised that 66 percent of farmers in Nkoranza gained access
to land through family inheritance; 28 percent through rentals and
There are several ways by which primary rights to land in the 6 percent through outright purchase (Nkoranza South Municipal
NSM can be exercised. The mode is, however, dependent on one’s Assembly, 2010). Inheritance in the NSM is matrilineal. Matrilineal
position as an indigenous or a non-indigenous person of the Nko- inheritance is a system of inheritance whereby descent is traced
ranza customary area. All indigenes have a birth right to land through maternal ancestors. It is evident from the interview that
through the kinship relations. Non-indigenes, on the other hand, primary land rights are not as stable as they used to be because the
can obtain primary rights to land through grants, sharecropping, respondent did indicate that family land which was in her posses-
long term leases and outright purchase. Primary rights, refer to the sion had been re-allocated to another family member and it is even
set of rights approximating “fee simple absolute”, the “customary possible for the land to be sold to some external economic interest.
freehold or ownership” guaranteeing the owner rights in perpe- It is therefore fair to conclude that as land becomes scarce due to
tuity to the access of a specified land (FAO, 2003: 16–17). Primary large family sizes contestations are on the increase and inheritance
land rights are generally inheritable, secure, permanent to a certain rules are changing as a result.
degree and inalienable but alienated; that is to say not saleable but People also gained primary rights to land in the past through
transferable. political incorporation. This was the case when chiefs and other
Primary land rights exercised through family lineage often take custodians of land accommodated migrants who exhibited extreme
the form of inheritance. An interviewee of the Nkwabeng commu- communal spirit (Kroye) and a high sense of responsibility and
nity had this to say on her land rights: respect to local community customs. An interviewee of the Babiani
community had this to say:
“The land I work on was inherited from my mother. I have my
portion and other siblings also have theirs. My uncle gave me land “My father migrated to this community in the 1960s. He was readily
to work on but it was taken back last year and given to another welcome and to date he cultivates lands that were gifted to him by
family member. I cultivate yam, maize, groundnuts and pepper. If the chief and his elders. We are originally from Bongo-Beo in the
I require more land for any purpose I will have to discuss that with Upper East Region but we expect that in the unlikely event of the
my family head (Abusuapanin). If there is any vacant family land demise of our father, we will still be given the right to use por-
he can authorise that I use it. I had education only to the level of tions of the land. It is, however, impossible for land to be granted
class 3 and farming is my only occupation. I also did have access to to any migrant these days because of land scarcity. These days
the family lands of my husband but I have since been divorced and migrants access land purely through rentals” (Personal interview,
have had to give back those lands. June, 2013).
 D. Anaafo / Land Use Policy 42 (2015) 538–546 543

As evident from the narrative, it is obvious that land access owners and that the declaration of crown lands in the Gold Coast
through political incorporation is an outmoded practice and land was a violation of the rights of the people (Ubink and Amanor,
access by migrants is only negotiable by rental agreements, long 2008). Places that have some semblance of community commons in
terms leases and outright purchases. the NSM are sacred grooves, although there is also restricted entry
Primary rights to land in the Nkoranza area were in the past, also to such places.
obtainable through sharecropping arrangements involving perma- Indigenes and non-indigenes of Nkoranza, in the past could
nent tree crops. The advent of cocoa farming in the 1960s and obtain secondary rights to land by way of gifts. Landowning families
1970s and later cashew led to a situation whereby landowners gave out land to landless members of the communities for agri-
gave out lands to migrants to cultivate on sharecropping arrange- cultural activities. This practice was common with land stressed
ments. The farmers cultivated the lands and ½ or 2⁄3 went to indigenes as well as migrant families. Access to such land as grant
the farmer and the other ½ or 1⁄3 going to the landlord under was usually dependent on demonstrated good behaviour as can
arrangements locally referred to as “abunu” and “abusa” respec- be attested to by community members. An interviewee of the
tively. These arrangements no longer exists and the only means by Koforidua community claimed: “Menfa masaase enma mansotweeni”
which non-natives of Nkoranza can obtain primary land rights now to wit; I will not give my land to a litigant on grant. This is still
are through long term lease arrangements and outright purchase relatively practiced among indigenes but has since phased out on
of a piece of land. In separate interviews with migrant farmers, migrant–landlord land use relations.
they lamented the high land values associated with purchases Sharecropping known locally as “abunu” and “abusa” are the
and long term leases. They rather prefer to rent on annual basis, other means through which secondary rights to land can be
although rentals do not guarantee them primary rights. As a result obtained. Under abunu arrangements, the farmer who tills the land
long term lease arrangements and purchases covered by deeds and gets ½ of the farm produce while the other ½ goes to the landowner.
titles as was evidenced from records at the CLS are the preferred Under abusa arrangements, the farmer gets 2⁄3 of the farm produce
options of large scale commercial farmers investing in mango, with 1⁄3 going to the landowner. It is said to have emerged in the
teak, cashew and oil palm plantations across the landscape of the 1960s and 1970s in response to increasing demand for land and
NSM. labour for the cultivation of commercial crops such as cocoa, oil
The acquisition of large hectares of land for commercial farm- palm and much later cashew. It later evolved to encompass food
ing is made possible through land reforms which tacitly support crops cultivation. It is viewed by migrant farmers as unfair although
the alienability of land by chiefs. Customary land rights guaran- it is the only means through which they obtained primary rights to
teed natives and to some extent non-natives secure, inheritable lands in the past. Landless farmers assumed primary ownership
rights to land. This is affirmed by Kasanga (1996) that the full enjoy- of lands after the division was reached between them and their
ment of the fruits of one’s labour and efforts are guaranteed, and landlords because the crops were permanent trees. Sharecropping,
in regard to land, no man is ‘big’ or ‘small’ in his own village or be it on commercial crops or food crops, has since been phased
town. This can no longer be the case as chiefs are now “too big” out, and this is triggered by changing inheritance systems and
while natives are becoming “really small”. Ubink et al. (2009) also increasing land deals among others (Field interviews, June–August,
observed that chiefs in the peri-urban areas of Kumasi, Ghana use 2013).
their claim of allodial title to appropriate lands from farmers and Grants and sharecropping arrangements have now given way
sell them to real estate developers and in the process making huge to rentals. Rentals of land in the NSM take two forms, depending
profits to themselves. The implications of these developments are on the community, the landowner and or both. In some instances,
that usufructuary land rights negotiated through gifts and share- rental agreements take the form of 100 kg bag of maize to an acre
cropping arrangements are giving way to monetary transactions; of land per farming season. Because Nkoranza has a bi-modal rain-
large scale agriculture is taking the place of smallholder agriculture fall pattern and two farming seasons, it implies 2 bags of 100 kg
and the customary commons are disappearing, deepening poverty of maize per acre per year, if this arrangement is entered into. In
in the process. other instances, rentals take the form of GHC50.00/USD25.00 per
acre per year. Rentals are also mostly on annual basis and in some
Secondary land rights in Nkoranza South Municipality rare occasions biennially.
In the past secondary rights also covered such activities
Secondary land rights also often referred to in the literature as hunting, gathering of fruits and other resources, harvesting
as derived rights are defined as “non-definitive transfers of use thatch, harvesting roots, barks and leaves of medicinal plants,
rights in favour of someone outside the family group” (UN Habitat & picking snails, and harvesting other timber and non-timber for-
Global Land Tools Network, 2008: 6). Such secondary transfers are est resources to support livelihoods. These practices have since
said to encompass rental arrangements, sharecropping or indige- disappeared. In the words of an interviewee of the Dandwa com-
nous forms of loans, mortgage or pledge. Characteristically, they munity:
are dependent on social relations, are diverse, dynamic and subject
to constant change and evolution. Growing up, we had free access to all manner of resources with-
Secondary rights to land in the NSM have undergone several out having to seek permission from anybody. Mangoes were left
changes. Such rights started as grants, evolved into sharecropping rotten all over the place and picking them for consumption was
arrangements and now take the form of rental agreements. It is seen as cleaning up the environment. Most of the natural resources
important to indicate at this stage that contrary to popular claims of we required were seen as wild plants and animals. Nobody made
the existence of the customary commons in Africa (Toulmin, 2006; any deliberate effort to cultivate them or ensure their growth and
Toulmin and Quan, 2000), the phenomenon was not observed in the access was restricted. Although, all such resources still exist they
NSM. Indeed the Municipal Magistrate Judge in a personal inter- have attained commercial value. Vehicles come from Accra and
view indicated that “there is no vacant land in Ghana as all lands other cities to buy mangoes every season; bush meat is now sold
belong to one group, family, stool or individual” (Personal Interview, along the major highways to rich consumers; and herbal medicine
July, 2013). This was the position even as far back as the colonial is gaining much popularity these days. So whatever resource you
days when the Aborigines Rights Protection Society (ARPS) in an find on your land can be sold to one person or the other. And we are
argument against the introduction of the Crown Lands Bill in the all protecting that which belongs to us (Personal interview, July,
Gold Coast (now Ghana) indicated that all lands in the country had 2013).
544 D. Anaafo / Land Use Policy 42 (2015) 538–546

Table 1
Past, present and future trends to land rights in Nkoranza.

Trends rights Past Present Future

Primary Use only rights; property of the collective Use only rights; property of the collective Use only rights; property of custodians under
social group held in trust by the stool in social group managed by the custodians; use by the collective social group; available to
practice; restricted to indigenes; secure, restricted to indigenes, buyers and lessees; less indigenes, migrants and buyers on lease,
inheritable and not alienable; and had features secure, inheritable and alienable; and has rentals and sale bases; secure, inheritable and
of a commodity, a gift and a sacred object features of a commodity and a sacred object alienable; and features of a commodity
Secondary Access and use only rights; had no restrictions; Disappearance of access and use rights; No access and use rights; restricted use based
and managed by the collective social group restricted use dependent on community in on contractual agreements; and managed by
question, availability of resource and position individuals and business interests
in community as an indigene or tenant; and
managed by individual land owners

Source: Fieldwork (June–August, 2013).

Summary on land rights and implications for future land access The socio-cultural systems that governed communal land rights
are also changing. Customary inheritance in Nkoranza is fast evolv-
Rights to land, as have been narrated are customarily embed- ing from matrilineal to patrilineal system. The family system which
ded in the socio-cultural practices of the people of Nkoranza. These governed kinship relations and for that matter inheritance practices
rights have, however, undergone some changes due to combination is also changing from extended family system to nuclear family sys-
of a number of factors. Table 1 has been employed to summarise tems (Nkoranza South Municipal Assembly, 2010). The gradual but
the past and present land rights situation, thereby providing a basis continuous breakdown of the family and inheritance systems cou-
to examine the forms that primary and secondary land rights are pled with the rapidly growing population combine to alter rights to
likely to assume in the future. land in the NSM. This development is not peculiar to Nkoranza as
The conclusions that can be drawn from Table 1 are that, cus- studies by Cotula (2007) established that extended family systems
todians are likely to strengthen their hold over land – a hitherto have been reconstituted and re-interpreted over time due largely
communal resource only held in trust. This will lead to increased to colonial and post-colonial influences leading to changes in the
sales, the absence of secondary rights and further pushing the rights customary land tenure systems in Africa.
of natives to one approximating that of tenants. This will create The quality of the land resource itself has also undergone dras-
landlessness for the majority of land users with the attendant neg- tic changes. The different groups of land users interviewed for this
ative consequences. study indicated that the land is no longer supportive of productive
The extent to which primary and secondary land rights are activities. To make it productive large doses of fertilizer must be
undergoing changes in the Nkoranza South Municipality is akin to applied leading to increases in cost of production. This develop-
findings made by Amanor (1999) about the degree to which new ment has led to increased drudgery and pushed vulnerable groups
land pressures and commercialisation of land resources have led to such as women farmers to the marginal lands of family/lineage land
contestations and redefinitions of rights to land and labour in the resources. The 2010 Medium Term Development Plan of the Nko-
cocoa, oil palm and forestry areas of Ghana. ranza South Municipal Assembly identified declining soil fertility,
declining soil fertility due to uncontrolled deforestation, bushfires
Triggers of land rights change and erosions and pests and diseases outbreaks affecting crops and
livestock, especially the annual infestation of army worm in the
The changing land rights in the NSM are related to several municipality among others, as the major problems facing the agri-
factors, paramount among which is the national land policy objec- cultural sector (Nkoranza South Municipal Assembly, 2010).
tives and reform processes and global resource consumption and These variables are internal to Nkoranza and its resource gover-
multinational land deals, categorised in this study as external nance systems. As such they are evolutionary responding to societal
influencers. Others such as rapid population growth, changing land needs, governance challenges as well as economic and pro-
socio-economic and cultural dynamics and changes in the qual- duction concerns. While they may equally pose challenges their
ity of the land resource base have also been influencing factors. evolution over a period of time allows for internal adjustments and
These, however, have been part of the evolutionary processes of re-adjustments and as such the effects may not be too drastic.
land governance throughout the history of Nkoranza and can be Beyond the internal factors is a land governance system altered
appropriately termed internal influencers. A brief overview of the through land reforms, which is the main driver of contemporary
internal influencers is made, while the external influencers which land rights change and also contributes to exacerbate the inter-
are considered as unsolicited interventions into an otherwise self- nal variables. A key indicator for monitoring progress towards the
evolutionary system are discussed in detail. realisation of the goal and objectives of LAP is the “titling and regis-
Nkoranza’s population has more than quadrupled within a rel- tration of 300,000 parcels of urban land to individuals and at least
atively short period of 50 years. It grew from 22,923 in 1960 80 allodial titles to stools, skins, tendambas, clans and families”
to 100,929 in 2010 (Nkoranza South Municipal Assembly, 2010). (Ghana Government, 2003: 3). The Customary Land Secretariats,
Within the same period the land area of NSM declined from to which allodial titles have been issued, vesting land ownership in
2602 km2 to 1100 km2 after the Nkoranza North District Assem- chiefs, where created to achieve this indicator. This is a reconstruc-
bly was carved out of it. Rising population and declining land tive policy which equates allodial titles to outright ownership of
area leads to growing competition among family members for lin- land and places the management of land resources at the discretion
eage resources. There is growing mistrust and general fear among of chiefs.
family members that “they can be cheated off their land by other This policy measure has opened up the land resources of Nko-
close relatives” (Field Interviews, June–August, 2013). The rapidly ranza to the forces of demand and supply and metropolitan capital.
growing population of Nkoranza is leading to land fragmentation Within Nkoranza the goal of government is being met by the
among family/lineage members and creating emergent classes of increase in the number of land deals involving multinational corpo-
land stressed families (Nkoranza South Municipal Assembly, 2010). rations and wealthy Ghanaian investors in teak, mango, cashew and
 D. Anaafo / Land Use Policy 42 (2015) 538–546 545

jatropha plantations. Records available at the Nkoranza CLS indi- Conclusion

cate that over 600 building plots and 150 large scale agricultural
plots have been sold or leased to buyers and investors between Land rights are constantly changing and this study sought to
2008 and 2013, five years into the operations of the CLS. British understand the factors behind such changes in the Nkoranza South
American Tobacco (BAT) also owns 5198 ha of teak plantation in Municipality of Ghana. In so doing, the research examined the
Ghana; most of which is in the Bonsu area of Nkoranza (Ministry changing land rights situation to come to the conclusion that there
of Lands and Natural Resources, 2013). The National Land Bank are internal and external drivers of those changes. The internal fac-
Directory of Ghana also indicates that about 54,231.8 ha of land tors are part of societal evolution and as such respond effectively
have been banked in the Brong-Ahafo region of Ghana, ready to to changing needs and problems. The external factors pose serious
be leased to investors. The directory further states that most of challenges to land resource governance as they seek to alter local
these lands are stool lands located in the Nkoranza and Kintampo land relations, by creating an agent who now acts as a land owner
districts of the Brong-Ahafo Region, both of which are under the over communally owned resources. The study concludes that the
customary allodium of the Nkoranza Paramountcy (Ministry of main drivers of land rights change in Nkoranza currently are the
Lands Forestry and Mines, 2008). There are also about 1500 ha of national land policy objectives and global resource consumption
mango and 4100 ha of cashew plantations scattered across vari- and transnational land deals. While the national land policy objec-
ous locations of the municipality, owned by wealthy Ghanaian and tives are being met as investors are able to obtain land, covered by
foreign investors (District Agricultural Development Unit, 2013). deeds and titles in a secure manner, local customs and land rights
According to Tsikata and Yaro (2011) there is close to are being reconstructed and this can have serious consequences for
1,000,000 ha of transnational land acquisitions in the Pru, Atebubu- local land users.
Amantin, Gomoa East, Mfantsiman, Dangbe West, South Tongu, In the light of the developments, espoused in this study, it is
North Tongu, Nkoranza, Asante Akim North, Sene, Yendi, East Gonja concluded that land reforms can be made much more beneficial
and Central Gonja districts of Ghana, mainly for the production of if they are so constructed that they embody the spiritual, physical
mango, jatropha and rice. Schoneveld and German (2013) in a study and human worlds, the elements of the cosmovision of the people
on the new commercial land pressures on Ghana also observed of Nkoranza and Ghana in general.
that investors have acquired about 2 million hectares of land across
Ghana, arguing that this constitutes about 91 and 99 percent of the Recommendation
total area that is agro-ecologically suitable and potentially available
for agriculture. Cotula (2007) also catalogued a number of factors The study recommends that lands in Ghana, viewed generally
responsible for changing land tenure systems in Africa, identify- as belonging to a triad, exhibit characteristics of commodities,
ing among others demographic change, urbanisation, integration in gifts as well as sacred objects referred to in the cosmovision
the world economy, socio-economic and cultural change, HIV/AIDS, as human world, natural world and spiritual world, respec-
conflict and public policy and legislation. Under current develop- tively. Reforms must therefore create a structure that enable
ments land rights in the NSM will change drastically in the future land management to be conducted in an alienable and alienated
with attendant land access problems. (commodities/human), inalienable but alienated (gifts/natural) and
Contemporary land rights change in the NSM and elsewhere inalienable and unalienated (sacred objects/spiritual) manner. Fail-
in Ghana are the direct results of the national land policy goals ure to take these three important features into consideration in the
that open up the land resources of close knit communities to formulation and implementation of land policy is bound to cre-
global resource consumption and transnational land deals. Ghana’s ate problems for land actors. As things stand now Ghana’s land
reconstructive and re-interpretive land policy giving legal recogni- reform process is a departure from such a well-defined system,
tion to land ownership by chiefs in contravention of established which create opportunity for the inculcation of our customs into
customary practice alters rights to land for diverse land users. land reform processes. Such an approach is an anthropological view
Blotcher (2006: 179) observed that land in Ghana has multiple long espoused by Godelier when he argued that:
owners, the chief being the title holder with many other “rights-
holders claiming lesser interests of possession, use, or transfer”. “For people not only live in society, like the other primates
Implicitly, land rights as existed customarily in Nkoranza did and social animals, they also produce society in order to live.
not repose absolute ownership in any individual, be they chiefs, And it seems to me that to produce society, three bases and
investors or customary usufructuaries. “It is, instead delimited by a three principles must be combined. There must be certain things
strong sense of community directed obligation, and rooted in a con- that are given, others that are sold or battered, and still others
textual network of mutual constraint and social accommodation” that must be kept for good. In our societies, buying and sell-
(Gray and Gray, 1998: 21). Land in the Nkoranza South Municipality ing have become the main activities. Selling, means completely
is “primarily a spiritual affair” and land reforms erred by focus- separating the thing from the person. Giving means maintain-
ing on “artificial jural abstractions rather than physically verifiable ing something of the person in the thing given. And keeping
phenomena” (Gray and Gray, 1998: 9, 14). The fundamental argu- means not separating the thing from the person because in this
ment of this paper is that the allodial title reposed in chiefs needs union resides the affirmation of a historical identity that must
to be seen in the traditional sense as a responsibility bestowed be passed on, at least until such time as it can no longer be repro-
on chieftains to mediate equitable land access for their subjects duced. It is because these three operations – selling, giving, and
and not a call to exercise ownership. The reformed system puts keeping – are not the same that objects in these contexts are
excessive regulation into the hands of chiefs and this is fading into presented as respectively as alienable and alienated (commodi-
confiscation of ownership, a practice unintended under customary ties), as inalienable but alienated (gifts), and as inalienable and
land tenure relations. The reformed land tenure system has liber- un-alienated (sacred objects)” (Godelier, 2004: 9).
alised the land market of Nkoranza and contributed significantly
to offset the natural balance of evolutionary community dynam- Acknowledgements
ics, ranging from population growth to inheritance practices. The
overall effect is a land tenure system incapable of responding to the I am grateful to Assoc. Prof. Robyn Eversole and Prof. Jannelle
land access and use rights based on arrangements external to the Allison for their insightful supervisory inputs into this manuscript.
market. I also thank Mr. Philip Datuoh of the Nkoranza South Municipal
546 D. Anaafo / Land Use Policy 42 (2015) 538–546

Directorate of Agriculture for his contributions as my research Karikari, I., Paper (Article of the Month) Presented to the International Federation
assistant to the fieldwork processes. My appreciation also goes to of Surveyors in February 2006. Ghana’s Land Administration Project (LAP) and
Land Information Systems (LIS) Implementation: The Issues.
Emma Lee and Japhet Nivi, PhD colleagues of UTas for their support Kasanga, K., 1996. Land tenure, Resource Access and Decentralisation: The Political
and pieces of advice during the drafting of this manuscript. Economy of Land Tenure in Ghana. In: Paper presented at the Managing Land
Tenure and Resource Access in West Africa: Proceedings of a Regional Workshop
held at Goree, Senegal. Convened by Ministère Français de la Coopération and
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