In the Land of the Chiefs: Customary Law, Land Conflicts, and the Role of the State in Peri-urban Ghana (Law, Governance, and Development Dissertations)

257 Pages·2008·1.14 MB·English

by  Janine M. Ubink

law, governance, law, governance,
and development u and development
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dissertations dissertations
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international policy is currently witnessing a renewed interest in customary in the land

tenure systems as well as traditional leadership, through which it aims to t
enhance the efficiency of local governance, and create general access to and h
secure rights in land. contrary to these ideas, practice reveals a lack of secu- e of the chiefs
rity of customary tenure in areas with a high competition for land. mounting
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evidence displays that customary systems often evolve inequitably and that
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traditional elites benefit disproportionally from commodification of land.
n customary law, land conflicts,
in an effort to understand customary land management by traditional autho-
rities, and the role policymakers, lawmakers, judges and civil servants play d
and the role of the state in peri-urban ghana
in this process, this book studies practices of land management in peri-urban
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ghana where traditional leadership forms a vibrant part of social life.
this book combines local case studies with theories about efficient land f

management, the resilience of traditional leadership, the negotiability of cus- t Janine m. ubink
tomary law and the gap between judges’ customary law and local practices.
h
doing so, it offers a unique body of empirical and theoretical knowledge for
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those interested in customary land management, as well as those interested

in how customary law functions both at the local level and at the level of c
the state. h
i
Janine Ubink works as an assistant professor at the van vollenhoven institute, e
faculty of law of leiden university. f
s
isbn 978 90 8728 041 3
www.lup.nl
lup leiden university press
In the Land of the Chiefs
Law, Governance, and Development
Over a short period of time, the strengthening of law and governance
has become a major focus for international development organizations,
as well as for governments and organizations at the national level.
These are now devoting a substantial portion of development funds
into reform and capacity building programmes aimed at legal and ad-
ministrative institutions in transitional and developing countries.
However, the ‘building’ of legal and governance systems is proving to
be a dauntingly difficult and complex task and one in which the meth-
ods of approach are highly contested. It has been assumed that law
and governance reform is a technical, managerial and financial matter,
which allows for the export of laws and the transplantation of legal and
administrative structures. The disappointing results of such reforms
have illustrated, however, that not enough attention has been given to
how laws, policies, institutions and stakeholders operate in reality, in
their socio-political contexts. The uniqueness of individual countries,
sectors and institutions is often insufficiently understood, and the ac-
tual experiences with the myriad of law and governance programmes
and projects are not translated into knowledge on how law and govern-
ance reformpromotes development.
In response, the Leiden University Press series on Law, Governance,
and Development brings together an interdisciplinary body of work
about the formation and functioning of systems of law and governance
in developing countries, and about interventions to strengthen them.
The series aims to engage academics, policy makers and practitioners
at the national and international level, thus attempting to stimulate le-
gal reformfor development.
In the Land of the Chiefs
Customary Law, Land Conflicts, and
the Role of the State in Peri-Urban Ghana
Janine Marisca Ubink
LEIDEN UNIVERSITY PRESS
The research this book is based on and its publications have been
made possible by grants from the Netherlands Organisation for Scien-
tific Research (NWO), the Leiden University Fund (LUF), the Adat-
rechtstichting, and Mordenate College.
Cover design:Studio Jan de Boer,Amsterdam
Layout: The DocWorkers, Almere
ISBN 978 90 8728041 3
NUR 764 / 820
©Janine M.Ubink/Leiden University Press, 2008
All rights reserved. Without limiting the rights under copyright re-
served above, no part of this book may be reproduced, stored in or in-
troduced into a retrieval system, or transmitted, in any form or by any
means (electronic, mechanical, photocopying, recording or otherwise)
without the written permission of both the copyright owner and the
authorof the book.
Contents
Acknowledgements 7
Abbreviations 11
1 Introduction: Land, Customary Law and
TraditionalAuthorities 13
2 How to Combine Tradition andModernity?
Regulating Customary Land Management in Ghana
Land Use Policy (2008)25(2), in press 39
3 Land Policiesfor Tenure Security or the Reality of
Customary Land Management in Peri-UrbanGhana
Journal ofAfrican Law (2007) 51(2): 215-248
W. Zips and M.Weilenmann (eds.),The Governance of Legal
Pluralism. Lit Verlag,2008,forthcoming 71
4 Negotiatedor Negated?TheRhetoric andReality of
Customary Tenure in an AshantiVillagein Ghana
Africa (2008)78 (2), inpress 111
5 TraditionalAuthorityRevisited: PopularPerceptionsof Chiefs
and Chieftaincy in Peri-Urban Kumasi, Ghana
Journal ofLegal Pluralism (2007) 55, inpress 135
6 CourtsandPeri-UrbanPractice: Customary Land Law
in Ghana
UniversityofGhana Law Journal (2002-4) XXII: 25-77 165
7 Conclusion: StoolLand Management and the Quest
for Customary Law 207
References 229
Samenvatting (Dutch Summary) 247
Curriculum vitae 255

Acknowledgements
An Akan proverb readsEtinnyεborөferε na wөapae mu ahunu mu nsεm,
the head is not like the pawpaw that can be split to see the contents.
This truism points out that no research in the field of legal anthropol-
ogy can be done without the collaboration of informants, who answer
your questions,explainwhatyou donotunderstand,andlivetheirlives
in your presence. During my periods of fieldwork in Ghana I have en-
countered many friendly, hospitable people willing to share their life
experiences with me. In fact, willing is an understatement, as many
Ghanaians were eager to share their views, their joy and grievances,
their indignation, their hopes and their insights with a foreign re-
searcher. My position as a foreigner researcher was hardly ever ques-
tioned. Even when I expected such remarks most, such as the time
whenIdiscussedmyresearchonatalkshowataKumasiradiostation,
I was surprised with an enthusiastic listener who phoned in to exclaim
his satisfaction that a foreign researcher was finally bringing this story
out in the open. My periods of fieldwork have been a most stimulating,
precious and pleasant experience due to the friendly openness of the
Ghanaian people.
Firstly, there are all those people in Besease, our village of residence,
who made us feel welcome, corrected our use of the local language,
showed us the village way of life, and provided in-depth views of land
management matters in a peri-urban community. A special role was
played by our landlady Olivia, her late husband Opoku Thomas, and
their children Akwasie, Yaw, and Akua, who opened their home for us
and showed us around in our first weeks in the village; our landlady’s
mother, Adwoa Baedu, who always brightened up our days at the
house and protected us against snakes, scorpions, and overly nosy chil-
dren; and our two other ‘housemates’, sister Adwoa with her bright
laughter and sister Benedicta or ‘madam’, who made her pupils fetch
us water from the wells and could always be called upon to explain lo-
cal customs or gossip. Furthermore, our neighbor Amma Adoma and
her family, Aning Dei, assemblyman Adams Boakye-Yiadom and his
wife Agnes, and the chairman and members of the Besease Unit Com-
mittee and Plot Allocation Committee, deserve special reference for
their kindness andhospitality.My gratitudealso goes out tothe various
8 ACKNOWLEDGEMENTS
chiefs of Besease, who – despite my critical attitude and questions –
have shown me the courtesy that becomes a guest in Ashanti and have
granted me several interviews. The two Kontihenes of the village, espe-
cially, have contributed greatly to my understanding of land and chief-
taincy affairsin the villageand itssurroundings.
Another part of my research was done in eight other villages in peri-
urban Kumasi, where I am also indebted to many assembly members,
Unit Committee members, and other villagers for their kindly be-
stowed time and information. Also here, the traditional authorities –
although perhaps not always happy with being the object of my re-
search – were courteous and hospitable. One of them even offered me
a position as ‘development queenmother’ (Nkosuohemaa). In district ca-
pital Ejisu, regional capital Kumasi, and national capital Accra, I have
learned from the knowledge and insights of many judges, lawyers, civil
servants, ministry officials, and researchers. Dr Daniel Hammond and
his friendly staff helped me immensely during the start of my research
and could always be called upon later, and prof Kojo Amanor has in-
spired me with his writings and our discussions, and has helped orga-
nize an international seminar in Accra in 2006 to disseminate data
and compare them with other research.
Two persons were vital in the success of the fieldwork. The first was
Niels, who accompanied me to Ghana, where he offered his services to
the primary school adjoining the orphanage of Besease. He was a true
companion, unrelentingly sharing my enthusiasm for the research as
well as for village life in Ghana. Chatting with the villagers on one of
our many strolls through the village, drinking Star beer at our favorite
local bar, traveling to Kumasi for the Internet and grocery supplies –
these and many other activities undertaken together have made my
time in Ghana a great experience. The second person who was invalu-
able for this research is Beatrice Newman, who assisted me in the re-
search throughout the fieldwork. She was great to be on the road with,
understanding what I was interested in, helping me with the local lan-
guage, and diverting all attention from the oburoni (white foreigner) to
the beautiful town girl. Her knowledge was not only based on a bache-
lor’s degree in land economy and a year of experience as a research
and teaching assistant in her department, but also on her being part of
a large Ashanti family. When she was not able to answer one of my
many questions, she would often surprise me later with an explanation
from her mother, father, grandmother, or some other relative. Further-
more, when I needed a number of research assistants to conduct a sur-
vey, she mobilized her old university mates, who proved to be hard-
working,valuable colleagues.
This research greatly profited from comments by and discussions
with colleagues whom I met at conferences or have been in contact
ACKNOWLEDGEMENTS 9
with through email. In particular I would like to express my gratitude
to Osman Alhassan, Adarkwah Antwi, Seth Asiama, Sara Berry,
Kwame Boafo-Arthur, Aninka Claassens, Rijk van Dijk, Andre´ Hoeke-
ma, Kasim Kasanga, Nii Ashie Kotey, Christian Lund, Tom McCaskie,
Chris Milley,PaulinePeeters,JulianQuan, DonaldRay,DzodziTsikata,
Franz Von Benda-Beckmann, Markus Weilenmann, Melanie Wiber,
GordonWoodman, MarcYeboah, andWernerZips.
My manycolleagues in Leiden have also highly contributed to my re-
search. First of all the African Study Centre with its excellent library
andever-friendlystaff, itsGhanaStudyGroup chairedby Rijkvan Dijk,
and its many interesting seminars, has provided a valuable platform
for learning and comparison. Secondly, the Van Vollenhoven Institute
for Law, Governance and Development has proved to be a stimulating
environment with a group of valuable colleagues. The research meet-
ings, Tuesday rice lunches, hallway discussions, and various other get-
togethers, helped me shape my arguments, learn about new literature,
and let off steam when needed. Many thanks to all my colleagues and
former colleagues for making the VVIa great place to work. I owe spe-
cial thanks to Julia Arnscheidt, Gustaaf Reerink, Barbara Oomen, Wil-
lem Assies, and Laurens Bakker for my academic development and the
joy of sharing my work; to Marianne Moria, Kari van Weeren, and Jan
vanOldenfororganizational issues, absorbing complaints, andfriendly
chats; to Albert Dekker and Sylvia Holverda for their library assistance;
to Alessandra Casano for her editing work; to Hilde Bos and Anne
Saab for their wonderful dishes; and to Benjamin van Rooij for com-
bining most of these qualities and more.
Finally, I would like to thank my friends and family, who have often
listened attentively to the ins and outs of customary land management
in far away Ghana, who have visited in quite some numbers our little
place in the village of Besease, and who have never even doubted
whether I would makeitto the finish.