Towards a framework for land conflicts management in Oyo State, Nigeria
Robert Ereola Shiyanbola is a PhD student in the Department of Urban and Regional Planning and Geo-Information Management. (Co)Promotors are prof.mr.dr.ir. J.A. Zevenbergen and dr. D. Todorovski from the Faculty ITC.
All over the world, land is synonymous with people’s identity, power, livelihoods and an agent of development. Besides, it is a generational asset with spiritual, economic, historical and cultural significance. Given the significance of land to humanity, competition to get access to land results in land conflicts. Land conflicts in various forms are driven by many factors. The impacts are evident in individuals, communities and the economy. To promote a peaceful and inclusive society in line with Sustainable Development Goal 16, there is a need for an inclusive land conflict framework that would reduce the incessant land conflicts and their impacts, also enhancing a good land administration system.
The problem identified in this research revolves around the less-than-effective nature of the current land conflict management frameworks, which have been unable to reduce the incessant land conflict in Oyo State, Nigeria. Previous studies such as Lar, (2017) and Zwan (2011) have identified the need for an inclusive framework for land conflict management. The studies show a minimal, if any, involvement of land conflict stakeholders in managing land conflict.
This study aims to design an inclusive framework for land conflict management by examining the nature and management of land ownership conflicts in Oyo State, Nigeria. The study started by reviewing literature on conflict, land conflict, land conflict management, stakeholders, tenure and land administration system. It was discovered that land conflict is localised, suggesting the need to manage every land conflict locally. In addition, it was reiterated that there are links between land conflict, land tenure and the land administration system.
Four sub-objectives were set to achieve the aim of the study. The first sub-objective focused on understanding the nature of land conflict and the stakeholders' roles in land conflict and land conflict management in Oyo State, Nigeria. The study established that the beliefs, interests, and roles stakeholders play determine the forms, stages and intensity of land conflict and how the conflict would be managed. The findings revealed the importance of land as an identity and generational heritage. It also emphasised the stakeholders' beliefs, interests and roles in land conflict and its management. These underscore the incessant land conflict in Oyo State, and the stakeholders' beliefs, interests, and important roles play in land conflict management.
The second sub-objective focused on the impacts of land conflict. Beyond the loss of lives and properties, other impacts are sometimes even more grievous. It was revealed that land conflict creates sour relationships among the conflicting parties and increases age-long hostilities among individuals and communities. If land conflict is not managed well, it increases distrust among conflicting parties, families, and communities and stalls development. In addition, it increases tenure insecurity and leads to a loss of identity among others. The impacts resonate throughout the affected individuals and communities' social, economic, and institutional impacts. This underscores the need for inclusive and proactive interventions that align with people's cultural beliefs, which could manage land conflict beyond the loss of lives and properties as impacts.
Since land conflict is localised, a local intervention could reduce land conflict. So, to identify the drivers of land conflict and the management mechanisms in Oyo state, the third sub-objective explored the drivers of land conflict and the management mechanisms employed to manage land conflict. The study revealed that understanding the drivers relates to the underlying cultural beliefs and customs that make land conflict thrive. It also helps in choosing the appropriate management mechanisms for land conflict management, as it is affected by cultural beliefs. Besides, factors such as the possibility of getting justice, the time frame, the cost implications of the mechanisms, inclusivity and effectiveness, among others, influence the choice of the mechanisms.
The study further revealed that mediation is the most effective mechanism. Stakeholders believe that it is an inclusive mechanism that manages the relationship of the conflicting parties well. The mechanism aligns with the cultural beliefs of the people. Thereby, it promotes dialogue, mutual understanding and peaceful co-existence. However, applying mediation to manage land conflict has some flaws that make land conflict recur and thrive.
In finding the most feasible and sustainable solution to land conflict, the study integrated the findings of the previous sub-objectives as well as the principles of good land governance as a base for designing an inclusive land conflict framework. The findings established that the previous frameworks lack inclusivity and do not consider the cultural beliefs, traditions and customs of people. It further revealed that the previous frameworks lack adherence to the principles of good land governance. The study designed an inclusive framework incorporating the deficiencies of the previous frameworks that made them less effective. The inclusive framework accommodates the stakeholders' input and assessment and considers the people's culture, traditions, and customs. The framework has the potential to reduce and manage land conflict effectively. The potential for effective land conflict management depends on stakeholders' implementation, transparency, and fair application of all the good land governance principles in the framework.
This framework is similar to what is in operation in other African countries such as Burkina Faso, Mali, Uganda, and Tanzania, among others. These countries have embedded in their laws a committee to manage land conflict at the village level and the use of mediation to manage land disputes or conflicts. Litigation is the last approach to be employed to manage land conflict. Those countries ' laws spelt out the village committee composition, procedure, timelines and enforceability of mediation.
While acknowledging the insights provided by the study, the study also has limitations. The study is a case study in part of one state and could not be conducted in the whole of Nigeria due to time limitations. There are other stakeholders also that could have been included to improve the quantitative and qualitative information obtained from the stakeholders, such as real estate developers. Investigating land conflict from the perspectives of land use and land cover change over the years could provide a deeper understanding and more insights into the drivers of land conflict. The identified limitations can serve as a valuable pointer for researchers to conduct further studies. Generally, the study offers insightful information that can help reduce and manage land conflict effectively, thereby enhancing the land administration system of Oyo State, Nigeria.
