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Urban Influences, Customary Land Tenure Systems, and Rural URBAN INFLUENCES, CUSTOMARY LAND TENURE SYSTEMS, AND RURAL LIVELIHOODS IN ZAMBIA: A CASE OF LUFWANYAMA DISTRICT IN COPPERBELT PROVINCE TENURE AND GLOBAL CLIMATE CHANGE (TGCC) PROGRAM RA TECH THE LEGALITY OF CUSTOMARY LAND DOCUMENTS WITHIN THE EXISTING FORMAL LEGAL SYSTEM SOMMERVILLE/TET MATT This publication was produced for review by the United States Agency for International Development by Tetra Tech, through the Tenure and Global Climate Change Project, Contract No: AID-OAA-TO-13- 00016. Cover Photo: Community members in Iphani village present out the results of a participatory rural appraisal exercise Report Authors: Ephraim K. Munshifwa, Roy A. Chileshe, and Niraj Jain Suggested Citation: Munshifwa, E. K., Chileshe, R. A., & Jain, N. (2017). Urban influences, customary land tenure systems, and rural livelihoods in Zambia: A case of Lufwanyama District in Copperbelt Province. Washington, DC: USAID Tenure and Global Climate Change Program. Prepared by: Tetra Tech 159 Bank Street, Suite 300 Burlington, VT 05401 Principal Contacts: Matt Sommerville, Chief of Party [email protected] Cristina Alvarez, Project Manager [email protected] Megan Huth, Deputy Project Manager [email protected] URBAN INFLUENCES, CUSTOMARY LAND TENURE SYSTEMS, AND RURAL LIVELIHOODS ON ZAMBIA: A CASE OF LUFWANYAMA DISTRICT IN COPPERBELT PROVINCE TENURE AND GLOBAL CLIMATE CHANGE (TGCC) PROGRAM MAY 2017 DISCLAIMER This report is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The contents of this report are the sole responsibility of its authors and do not necessarily reflect the views of USAID or the United States government. TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................................................................ i ABSTRACT ..................................................................................................................................................... ii 1.0 INTRODUCTION ................................................................................................................................ 1 2.0 BACKGROUND ................................................................................................................................... 2 3.0 LITERATURE REVIEW ....................................................................................................................... 3 4.0 THEORETICAL AND CONCEPTUAL ISSUES ............................................................................... 6 5.0 RESEARCH METHODOLOGY .......................................................................................................... 7 5.1 SELECTION OF STUDY AREAS AND SAMPLING METHOD .................................................................................... 7 5.2 DATA COLLECTION ............................................................................................................................................. 7 5.3 DATA ANALYSIS.................................................................................................................................................... 7 5.4 LUFWANYMA DISTRICT PROFILE ........................................................................................................................ 7 6.0 RESULTS, ANALYSIS, AND DISCUSSION .................................................................................. 10 6.1 SOCIOECONOMIC CHARACTERISTICS OF THE THREE CHIEFDOMS ................................................................. 10 6.2 MECHANISMS THAT FACILITATE INTERACTION BETWEEN CHIEFDOMS AND URBAN CENTRES ................... 12 6.3 INFLUENCES ON LAND TENURE SYSTEMS ......................................................................................................... 13 6.4 MAJOR LIVELIHOODS ACTIVITIES ....................................................................................................................... 20 6.5 GOVERNANCE STRUCTURE AND INSTITUTIONS (RULES AND REGULATIONS) .............................................. 22 7.0 CONCLUSIONS AND RECOMMENDATIONS ............................................................................ 24 REFERENCES ............................................................................................................................................... 26 ASSESSING CUSTOMARY LAND TENURE INSTITUTIONS FOR LAND ADMINISTRATION IN SANDWE CHIEFDOM i ABSTRACT Urban centers have various influences on rural areas which either enhance or detract from development. This study investigates the effect of urban influences, particularly a cash economy, on customary land tenure systems and rural livelihoods in Zambia’s Copperbelt Province. It further explores the idea of whether these influences and effects can be differentiated in relation to distance from the centers of influence, to better understand the peri-urban dynamics occurring across Zambia’s customary land. The study asserts that although each traditional community has its own rules that regulate ownership, use, and transfer of land, these rules continuously change due to a number of influences or pressures. Using data from villages in three Lamba chiefdoms, namely Shibuchinga, Fungulwe, and Shimukunami, whose areas share boundaries with urban areas and are relatively close to Kitwe, one of the fastest growing cities on the Copperbelt Province of Zambia, the study examines urban influence on five key factors of customary land tenure systems, namely initial acquisition of land, emergence of land markets and price levels, land rights and documentation, tenure and fear of dispossession, and governance and institutions (rules). Data was collected using household questionnaires, focus group discussions, and in-depth interviews. ii URBAN INFLUENCES, CUSTOMARY LAND TENURE SYSTEMS, AND RURAL LIVELIHOODS IN ZAMBIA 1.0 INTRODUCTION Customary land tenure systems face constant pressures, packaged as reform policies and programs, due to the perceived shortcomings of customary tenure (see studies such as Lastarria-Cornhiel, 1997; Coldham, 2000; Durand-Lasserve & Selod, 2007; Wily, 2007; Milimo, Kalyalya, Machina, & Hamweene, 2011; Johnson, 2011; Dodd, 2012; Rurangwa, 2013; Qudrat-I Elahi, 2013). These pressures to change often come from the state itself, usually instigated by political change or donor agency influence – the ultimate goal is often to change customary land tenure systems to Western-styled private property rights regimes (Lastarria-Cornhiel, 1997). The argument is precipitated by the perception that customary land tenure systems hinder long-term economic development in rural areas. Key expected outcomes from these reforms or changes are a fully functional private land market, increased tenure security through individual title, and increased investments in rural areas (particularly into agricultural development). Aside from these direct efforts to change customary land tenure systems, this study asserts that customary land tenure systems undergo their own subtle changes due to a myriad of influences. It is these subtle changes which have more effect on livelihoods in rural areas. Evidence has shown that change in national laws without engagement of traditional communities often has limited impact on customary tenure systems. Thus change of customary land tenure systems is an important research theme due to its effect on rural livelihoods. Another facet of this study is the examination of governance structures within customary land tenure systems. While land administration has often focused on the development of land markets as governance structures and marginalized the role that customary land governance plays in rural and peri-urban livelihoods, understanding land governance requires examining institutions beyond the formal structures. For instance, defining land governance as “rules, processes and structures through which decisions are made about access to land and its use, the manner in which the decisions are implemented and enforced, the way that competing interests in land are managed” (Palmer, Fricksa, & Wehrmann, 2009, 9) means that both formal and informal systems should be analyzed together, even if they lack formal recognition. This paper is organized as follows: after this introductory section, Section 2 presents the background to the study while Section 3 delves into the literature on the subject. Section 4 presents the theoretical underpinning of the study including the conceptual framework. Section 5 outlines the research methodology including presenting the profile of Lufwanyama District. Section 6 presents results, analysis, and discussion, while Section 7 concludes the paper. URBAN INFLUENCES, CUSTOMARY LAND TENURE SYSTEMS, AND RURAL LIVELIHOODS IN ZAMBIA 1 2.0 BACKGROUND The phenomena of urbanization is often discussed in terms of rural to urban migration and its effects on urban land, infrastrastrure, and services. A phenomena less discussed is the influence of urban activities on rural land and socioeconomic activities. With specific reference to customary land, this relates to the influence of statutory laws on customary laws, commoditization of customary land, and general impact on rural livelihoods. This study therefore examines the extent to which customary land tenure systems and rural livelihoods have been influenced by their proximity to urban centers in Zambia. Empirical data was explored from village communities located in Lufwanyama District of Copperbelt
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