Customary land refers to land that is owned, managed, and inherited according to traditional laws and cultural practices of a specific community. This type of land tenure is common in many indigenous societies and rural areas, particularly in regions of Africa, Asia, and the Pacific. Unlike land that is registered under statutory law, customary land is governed by unwritten rules passed down through generations. Understanding examples of customary land is important for legal scholars, policymakers, and communities aiming to preserve their heritage while integrating modern governance.
Definition and Characteristics of Customary Land
Customary land is typically controlled by clans, tribes, or extended families. The rights to use and transfer such land are based on social norms, customary laws, and community consensus. This form of land tenure is distinct in several ways:
- It is usually not formally registered in national land registries.
- Ownership is collective rather than individual.
- Rules governing its use vary between communities and are often unwritten.
- Customary leaders or elders often have the authority to allocate and manage the land.
These characteristics make customary land a unique and complex component of land governance systems, often coexisting with statutory legal frameworks.
Examples of Customary Land Around the World
1. Papua New Guinea
In Papua New Guinea, over 95% of land is held under customary tenure. Tribes and clans control vast areas of land that have been passed down through generations. The land is used for farming, hunting, and rituals. Although not registered with the government, this land is legally recognized under the national constitution. Land disputes are resolved through customary mechanisms rather than formal courts, reflecting the deep-rooted trust in traditional leadership.
2. Ghana
Ghana provides a significant example of customary land in Africa. Approximately 80% of the land in Ghana is held under customary tenure by different ethnic groups. Chiefs, family heads, and traditional councils manage the land and make decisions regarding land allocation. For example, the Ashanti people have their own customary system that dictates land inheritance and agricultural use. Despite modernization, these customs remain influential in rural areas and are recognized under the Ghanaian constitution.
3. Indonesia (Adat Land)
In Indonesia, especially in provinces such as Papua and West Sumatra, customary land is referred to as ‘Tanah Adat.’ The term ‘adat’ means traditional or customary. The Minangkabau people, for instance, follow a matrilineal system where land is inherited through the female line. This customary land is used for rice fields, ancestral homes, and communal activities. While not all adat land is formally registered, the Indonesian government has taken steps to recognize and protect these rights under recent agrarian reforms.
4. Nigeria
Nigeria has a dual land tenure system where both customary and statutory laws operate. In rural Nigeria, land is mostly controlled by traditional rulers and family heads. Among the Yoruba and Igbo communities, land rights are passed through inheritance and communal allocation. These customary lands are often used for subsistence farming and homesteads. Although not documented under modern land titles, these rights are respected within the community and form the basis of land use and occupation.
5. Vanuatu
In the South Pacific nation of Vanuatu, more than 98% of land is held under customary ownership. Customary land is managed by family groups or tribes, and land decisions are made by chiefs according to traditional practices. The land is primarily used for agriculture, community gatherings, and spiritual purposes. The Vanuatu constitution explicitly recognizes customary land rights, making it one of the strongest legal frameworks supporting indigenous land tenure in the Pacific region.
Importance of Customary Land Rights
Customary land plays a crucial role in preserving community identity, culture, and social structure. These lands are more than economic assets they are connected to ancestors, rituals, and spiritual beliefs. Protecting customary land rights supports:
- Social stability and cohesion within communities
- Food security and sustainable land use practices
- Conservation of natural resources and biodiversity
- Protection of indigenous rights and cultural heritage
In many parts of the world, customary land systems are more efficient and trusted than formal institutions, especially where state presence is limited.
Challenges in Recognizing Customary Land
Despite its importance, customary land faces several challenges:
- Lack of Legal Recognition: In many countries, customary land is not officially recognized, making it vulnerable to state appropriation or private acquisition.
- Conflicts: Disputes over land boundaries, inheritance, or usage rights can lead to internal conflict when traditional systems are not respected or are eroded.
- Gender Inequality: In some customary systems, women may have limited rights to inherit or control land, despite their role in agriculture and family support.
- Urbanization and Development Pressure: Customary lands are often targeted for infrastructure, mining, or agricultural projects, sometimes leading to forced displacement without adequate compensation.
To address these issues, many governments and organizations advocate for legal reforms that integrate customary and statutory systems, ensuring both community participation and legal protection.
Recent Developments in Customary Land Recognition
Efforts to formalize and secure customary land rights have gained momentum. Initiatives such as participatory land mapping, legal recognition of traditional authorities, and inclusive land registration processes aim to bridge the gap between tradition and modern law. For example:
- In Liberia, the Land Rights Act of 2018 recognizes customary land ownership and provides a framework for community governance.
- In Tanzania, the Village Land Act allows villages to register land under customary tenure and manage it collectively.
- In Kenya, the Community Land Act protects the rights of communities to their ancestral lands and establishes procedures for formal recognition.
These legislative frameworks empower communities, reduce land conflicts, and create a legal basis for land development that respects tradition.
Examples of customary land from countries like Papua New Guinea, Ghana, Indonesia, Nigeria, and Vanuatu highlight the widespread significance of traditional land tenure systems. While each region has its unique customs, the shared principles of collective ownership, cultural heritage, and community governance underscore the global relevance of customary land. Recognizing and protecting these rights is essential for promoting social justice, sustainable development, and respect for indigenous peoples. As legal systems evolve, integrating customary land into national frameworks can help bridge the past and the future, ensuring that cultural traditions are not lost in the face of modern development.