Ghana: Information on how land owners in Tamale are identified, on how land is passed from one person to another, on whether papers or a lawyer is involved, on whether two systems are involved, one traditional the other formal (civil), and if formal only, what year was it implemented

The following information was provided in a telephone interview by a professor of economics and expert on Ghanaian affairs at the University of Washington, Washington DC (18 May 1995).

Land in Ghana is governed by two systems or concepts of land holding, one modern, the other traditional. Traditional land is generally found in rural areas and in the immediate area beyond urban boundaries. Traditional land is governed by traditional or customary law, although unresolved issues involving land holding may be brought to the civil court system. In urban areas, land is governed by what is called modern concepts of land ownership which usually involves land deeds, titles, and lawyers. Disputes involving urban land can only be resolved according to legislative or regulatory laws of the urban authority and ultimately by the Ghanaian civil court system.

According to the customs of traditional land holding, land is not owned as a possession as in the Canadian sense of property ownership. Rather, the land belongs to the extended family or family lineage as a perpetual trust; one that has been received from the family ancestors and is supposed to be maintained for the well-being of that family, and passed on to succeeding generations.

As a trust, traditional land cannot be sold without the concurrence of the family or lineage members. Responsibility for maintenance and usage of the land is vested in the headman of the family or lineage, usually the eldest male. It should be recalled that in traditional areas land may well be the abode of the family and as agriculturalists, the sole source of its livelihood.

Nevertheless, it is still possible for traditional land to be traded or sold if there is the agreement of family members. Families may swap or sell land amongst the lineages because one family is migrating out of the area and no longer wishes to keep the land, or land may be given over to another family for its use when that family's members are unable, unwilling, or not present to work the land. In the latter arrangement "ownership" of the land is not considered to have been transferred, instead the rights to use the land and receive the benefits, from that usage, called a usufruct, would accrue to the family working the land.

However, the family granting the usufruct retains the right to reoccupy its land. Another variation on the latter example is for the family to give the land to the local chieftain for administering. In this case the chieftain may grant usufructal rights to another family, often in exchange for a portion of the land's produce. As in the previous example the family that gave the land would retain "ownership" rights, unless it sold or traded away its "ownership."

Whenever land is disposed of there has to be a witness related to the family disposing the land whose responsibility is to attest to the concurrence of the family or the lineage. Transactions involving traditional land do not usually involve lawyers, deeds or other institutions of the state, beyond that of the local chieftain.

To resolve disputes involving traditional land the first recourse is to get the disputants to resolve the issue together, if this is not possible, the local chieftain or another arbitrator who enjoys the respect of both disputants is enjoined, failing that intervention, either disputant may bring the issue to the civil judiciary which is done at the circuit court level. Bringing a case to the judiciary is expensive and time-consuming and requires the service of legal help.

Ghana has had a formal legal system regarding land issues in urban areas since independence in 1957. Ghana has a Lands Department with responsibility for public lands, as well as for coordinating and overseeing execution of land use policy in the country. It is also supposed to maintain a land registry and has regional land commissions to carry out this responsibility.

Additional information was provided in a telephone interview by a James Madison University professor of African history (4 May 1995).

Tamale land ownership follows a patrilineal system with regards to land inheritance. Accordingly inheritances can go to the male's sons or brothers. Conflict can emerge between these two inheritors, especially when the brothers have to raise dependent sons, as the elderly are required to do according to traditional custom. In such a case, the brothers may feel that their responsibilities privileges their right to inherit over that of the sons.

Where royal land is involved, as in the case of chieftains, land and right to chieftaincy may be passed on from a father to his sons, who are wards of the father's brother on the understanding that the right to the land and chieftaincy should rotate among the sons of the father and the father's brother. Whoever has control over the land has right to the land and any resources it produces. Land ownership in traditional society tends to be acknowledged by communal recognition and observation, or that of the ruling traditional elder. Deeds or papers are not usually involved, nor are lawyers. The existence of deeds or papers usually indicates a previous dispute over the land which was taken to the court system. When a conflict emerges the traditional avenue for resolution is to have the traditional elder arbitrate. However, this process usually only works when both parties respect the traditional elder. If one or both parties lack confidence in the traditional elder, local politicians are frequently asked to arbitrate. This circumstance may arise because the settlement of local land disputes involves the local power elite and the politicians rely upon the support of their community to be elected to office. Thus, land issues may affect the local distribution of power, therefore politicians and the people have a vested interest in resolving the disputes in order to maximize either political support in a politician's case, and patronage for those whom the politician favours. The next election may unravel some of the deals if one of the parties remains unsatisfied with the resolution. Land disputes may be taken to the court system, but these are costly and, in the case of royal land, they can drag on as each party seeks to appeal every judgement that goes against it. In rural areas recourse to the courts is less likely because of the costs involved and less acceptance of that system as a dispute settling mechanism.

Nevertheless, even if a case goes before the courts, the land may still be used and/or occupied by the disputants since it often is the source of livelihood of the disputants. Force may be used to settle cases where traditional authority is ineffective.

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Professor of African History, James Madison University, Harrisonburg, Virginia. 4 May 1995. Telephone interview.

Professor of economics, specializing in Ghanaian affairs, University of Washington, Washington, DC. 18 May 1995. Telephone interview.