LAND CONFLICTS IN GHANA, CAUSES, EFFECTS AND RESOLUTION

LAND CONFLICTS IN GHANA, CAUSES, EFFECTS AND RESOLUTION

Gyamera, E. A¹., Duncan, E. E²., A., Kuma, J. S. Y³, and Arko-Adjei, A⁴.

¹ Department of Soil Science, School of Agriculture, University of Cape Coast, Cape Coast. Ghana.

gyamengineering@yahoo.com

^{2 & 3} Faculty of Mineral Resource Technology, University of Mines & Technology, Tarkwa. Ghana.

eeduncan@umat.edu.gh, js.kuma@umat.edu.gh

Tel. +233 24 4521145; Fax. +233 33 213 2709

---

Citation of Paper

Gyamera, E. A., Duncan, E. E., Kuma, J. S. Y. and Arko-Adjei, A. (2016). Land conflicts in Ghana; causes, effects and resolution. Proceedings of 4^th UMaT Biennial International Mining and Mineral Conference, August 3-6, 2016. UMaT Auditorium, University of Mines and Technology, Tarkwa, Ghana

---

Abstract

Conflict is seen to be a natural and integral part of every day’s live of all living organisms. It is an inevitable and necessary feature of domestic and international relations. Conflicts over land are a major problem to the management of lands in Ghana. Land cases constitute about 59% out of the total cases in court. Meanwhile the average increase of land cases per year is 25% whereas the rate of settlement is as low as 10%. These have created a lot of fear and panic in the land enterprise and allied industries. This paper provide an overview of land conflict in Ghana. A lot causes or event leading to land conflicts have been identified and analysed in this paper. Land conflicts in Ghana have directly and indirectly affected the country’s economy and Gross Domestic Product (GDP). These effects have also been reviewed. Also reviewed in this paper, are the various types, forms, functions and stages in land conflicts in Ghana. However the various ways of resolving lands conflicts have been analysed extensively. Finally PGIS approach of resolving land conflicts has been recommended as a satisfactory approach for resolving land conflicts.

Keywords: Land, conflicts, Ghana

1   Introduction

Conflict is natural and integral part of the dairy live of mankind. It can occur in families, at work with colleagues or in negotiations between governments etc. At every point in human live, conflict pervades relationships (Margenthan, 1973). The paradox of conflict is that it is both the force that can tear relationships apart and the force that binds them together (Adetula, 2006).

Conflict is an inevitable and necessary feature of domestic and international relations. The underlying problem being faced by relationships both local and international is not about the occurrence or elimination of conflict, but how to effectively address or deal with conflict when it arises. Conflict can be managed negatively through avoidance at one extreme and the use or threat of force at the other. Alternatively, conflict can be managed positively through negotiation, joint problem solving and consensus building. These options help build and sustain constructive bi- and multi-lateral relations (Galtung, 1996).

Sociologists define conflict as a social fact in which at least two or more parties are involved and whose origins are differences either in interests or in the social position of the parties (Imbusch, 1999). Good conflict management is both a science and an art. Responses to confrontation, threats, anger and unfair treatment, are constructive, but others can escalate conflict and raise the level of danger. How to handle a confrontation is largely based upon past experience in dealing with conflict and confidence in addressing it. Constructive conflict management is as much a science as an art. It is based on a substantial body of theory, skills and techniques developed from decades of experience in international peacekeeping, peacemaking and peace building (Galtung, 1996).

Literary, there are three main types of conflict namely Man versus Man, Man versus Nature and Man versus Self. But there is a fourth type which is always forgotten but must be noted in this work, and that is, Man versus society (Awedoba, 2010).

Man versus man is the type of conflict where a person is in conflict with another individual person. These types of conflict can vary from simple competitive relationships between the two people to all out battling where one is trying to kill another, (Neufeldt, et al., 2002). Man versus nature is another type of conflict that exist between an individual person and the world he lives in, excluding the people. Man versus self is an internal type of conflict of an individual. Man versus society is not one of the main three types of conflict but is still important in literature. These types of conflicts are often when someone feels out of place and is trying to find themselves in a society that they don't quite fit into.

Conflicts can be grouped into the following forms:

Relationships conflicts: these kinds of conflicts are commonly associated with friends or family members.  They are often caused by miscommunication, disagreements on behavior or negative emotions. The best way to handle this type of conflict is allowing it to run on its own course or accepting them. Accepting, according to Melamed (2005), is not the same as agreeing to such disputes, but it may help prevent them from becoming disruptive and destructive.

Conflict of Interests: these are described as a disagreement or type of competition where the needs of one are ignored over the needs of the other. Such conflicts of interest may be defined, according to Melamed (2005), as those involving psychological needs over resources such as time or money or those in which there are disagreements over the way problems are addressed.

Conflict in Values: These conflicts often arise when one person tries to enforce his/her own set of values on another. It is very common in marriages, churches, associations, co-workers, students etc. Conflicts in values are often seen between individuals raised in different cultural or religious backgrounds that have differing opinions over right and wrong (Onadipe, and Lord, 1999).

.

Leadership conflicts: This has to do with leadership and managerial styles or skills of an individual. These conflicts are found in the work environment. Various factors determine leadership styles and may include personality, expectations and whether or not that leader encourages feedback and opinions of others or is more autocratic or directive in style (Canterbury and Kendie 2010).

.

Conflict by Personality: Clashing personalities may create conflicts at school, home and work. Perception and emotions play a large role in whether or not one may like or dislike someone's personality eg. Installment of a new chief or head of family.

Conflict by Style: A person's method of completing tasks or goals may lead to conflict in any scenario. Example is the method one can adopt in producing a site plan or an indenture.

Ethical Conflict: Ethical conflict can be defined as an external factors influencing a decision. This is often seen in the land market industry. For example, chiefs exchanging land with vehicles.

1.1  Theories of social conflict

Conflict theory in general, seeks to scientifically explain the general contours of conflict in society: thus, how conflict starts, the dynamics, and effects (Anon, 2002). The fundamental alarms of conflict theory are the unequal distribution of scarce resources and power. However, Weber’s conflict theories stress on three systems of stratification: class, status, and power. Power is seen by conflict theorists as the principal feature of society, rather than thinking of society as held together by collective agreement concerning a cohesive set of cultural values. The location of power and who uses it (and who doesn’t) are thus vital to conflict theory. Certainly, power is not bad, but rather, it is a primary factor that guides society and social relations (Assefa, 2008).

The scope of conflict theories consist of three key areas; the structural source of the conflict, the conflict group formation, and the dynamics of the conflict.

                                                                               

The structural source of the conflict is the domination that propel the struggle over values and scarce resources. The structural sources theories include stratification, social change and macro sociological theories. On the other hand, conflict group formations are the actors, their target, and collective action. Finally, the dynamics of the conflict are the mode of communication among actors, the form of conflict, its magnitude scope, duration, escalation and de-escalation, and the consequence of the conflict outcome (Adetula, 2006).

According to Adetula, (2006), there are two principal approaches to conflict theories. These are; brake-down deprivation approach and solidarity mobilization approach.

Coser, (1956) theories are about status class and they identified two types deprivation caused by class. These are absolute deprivation and relative deprivation. Absolute deprivation refers to the situation of being underprivileged, existing well below the poverty line, at a stage where life is dictated by uncertainty over the essentials of life (food, shelter, and clothing). However, relative deprivation, denotes a sense of being underprivileged as compared to others.

Lewis Coser argues through his theories that conflict can have integrating as well as disintegrating effects. Conflict functions are dependent upon the relationship between the actors; thus whether the conflict is between unrelated groups (external) or inside group (internal). With the internal conflict, the question of functionality hinges on the conflict being less violent and more frequent, not threatening the basic assumptions of the group at large, and the group having low interactional network density. When these conditions persist, internal conflict produces some functional consequences as follows: conflicts will serve to release pent up hostilities, create norms regulating conflict, and develop clear lines of authority and jurisdiction. In the other hand, external conflict is more violent and can have the following functional consequences: stronger group boundaries, higher social solidarity, and more efficient use of power and authority. Meanwhile, conflict violence tend to increase in the presence of high levels emotional involvement and transcendent goals.

Ralf Dahrendorf’s (1958) theory also consider power and dialectical change as the major cause of conflict. Who has power, where is it located, and how is it exercised are the major sociological problems that can propel conflicts. For example, the power over family land mostly become a struggle between the chief and a family head of a particular community. Power can be defined as the probability that one actor within a social relationship will be in a position to carry out his own will despite resistance, and regardless of the basis on which this probability rests (Imbusch, 1999). Also, power is something that can be exercised at any moment in all social relations and it mostly depends on the personalities of the individuals involved. On the other hand, authority is a form of power legitimately attached to a status position, roles and norms of an organization.

Randall Collins theories however deliberate on the use of emotion and ritual in conflict. Collins sees Conflict Sociology and geopolitical theory as new theoretical domains in macro-level, long-range issues of conflict. There are four main points in conflict sociology. The first is the unequal distribution of scarce resource which produces potential conflict between those who control it and those who don’t. The second point of conflict sociology state that; Potential conflicts become actual conflicts when opposing groups become mobilized. The third point is that: Conflict engenders subsequent conflict. Whereas the fourth point conclude by saying: Conflicts diminish as resources for mobilization are used up (Sandole, 1993).

Geopolitical dynamics deals with the geopolitical factors which predict and explain the rise and fall of nations or communities in conflict based on its territory. Territorial factors can be grouped in to two: heartland and marchland advantages. Whereas heartland advantage defines the size of the territory, which is linked to the level of natural resources and population size, marchland advantage is defined in terms of a nation’s borders. Thus nation or states with fewer enemies on their immediate borders are likely to be stronger than other nations with more enemies at the border but a similar heartland advantage.

Collins theories (1957) make it explicit that, for overt conflict to exist, people must become mobilized through the material resources for organizing, and they must be emotionally motivated and sustained, feel morally justified, and be symbolically focused and united. This is because, conflicts are won or lost based on the gain or loss of the two different kinds of resources (human and material resources). The key variable in geopolitical theory is overexpansion, a condition where a nation overextends its reach materially (supporting armies too far from the heartland) and culturally (controlling too diverse a population).

1.2  Causes of conflict over land in Ghana

The lower the transparency in land markets, the less equal is information being disseminated, and the weaker constitutive and regulatory institutions are, the more likely it is that land conflicts occur. People therefore need to spend a lot of time and money on searching for information and monitoring agreements/contracts (Odonkor and Manson, 1994). This means that land conflicts are associated with high transaction and agency costs that indicate a high probability of land conflicts. Conflicts over the use of land generally have a negative impact on the poor or on the natural or building environment. They either decrease quality of life for parts of society or, if they are addressed and ameliorated, contribute to additional state expenditures and therefore have an impact on the national wealth. Land conflicts also increase social and political instability. Wherever they occur a lot of multiple sales, evictions, land grabbing etc., people lose confidence in the state and start mistrusting each other. Social and political stability suffers even more when land conflicts are accompanied by violence. Dealing with land conflicts therefore means re-establishing trust and confidence in public as well as private institutions (Wehr, 1979).

Theories on Land conflict address four magnitudes of conflict, namely; scarcity competition, structural inequality of access, war for land, and revolution precipitated by land conflicts, (Linde, and Naylor,

1999). When there is not enough land for everyone, scarcity competition happens. Structural inequality is exemplified by the rich being able to acquire land in such quantity that the poor cannot have the funds for. War for land is always triggered by its arable qualities or its strategic position. Revolution over land is civil conflict, even to the point of war, where the revolutionaries often seize state power as a precondition of land redistribution.

A key influence on land conflict can be attributed to periodic stresses such as political events, displacement events and competition events. These factors can trigger land conflict from the lowest level (intra-community conflict) through to the highest level (international frame work) and conversely (Lemarchand, 2009). These triggers violent conflict is interwoven and can be presented in the Figure 1.

Fig. 1: Triggers of violent conflict in Ghana

Other Causes of land Conflict are;

1.     Legal and juridical causes may include; legislative loopholes, contradictory legislation, legal pluralism, traditional land law without written records or clearly defined plot and village boundaries. Others are formal law which is not sufficiently disseminated or known, limited or no access to law enforcement and jurisdiction by the poor and disadvantaged, insufficient establishment of rule-of-law-principles, insufficient implementation of legislation and missing or inactive mechanisms for sanctions.

2.     Administrative Causes; the several administrative causes of conflicts include; insufficient implementation of formal regulations, administrative corruption, insufficient control over state land, lack of communication, co-operation, and co-ordination within and between different government agencies as well as between public and private sector. Not forgetting lack of responsibility and accountability. Limited access to land administration (especially for the poor and rural population), lack of public education on land, and limited or nonexistent public participation in land use planning and demarcation. Others are insufficient staff and technical/financial equipment at public agencies, low qualifications of public employees, missing code of conduct, and lack of transparency.

3.     Technical causes are missing or inaccurate surveying, missing land register (e.g. destroyed or one that does not meet modern standards) and outmoded instruments.

4.     Psychological causes including; fear for one’s existence, lack of self-esteem, loss of identity, collective suffering, desire for revenge, and thirst for power.

1.3 Stages in conflict over land

Land conflicts normally passes through a series of phases beginning from latent stage through to post-conflict peace building as demonstrated in Figure 2.

The various stages are as follows; No conflict ,Latent conflict, Emergence, Escalation, (Hurting) Stalemate, De-Escalation, Settlement/Resolution, Post-Conflict Peace building and Reconciliation. Conflicts may however repeat stages several times. Latent conflict stage is the stage where people begin to conceive or develop different needs, values, or interests. Emergence stage is actually the beginning of the obvious conflict (Stride, and Ifeka, 1971).

The conflict may not become apparent until a "triggering event". Settlement or resolution can quickly be made at this stage by the parties involved. If not it may be followed by escalation, which can become very destructive (Galtung, 1978). Escalation stage or the crisis stage is observed when there are series of exchange of words between the parties in a heated argument (Burton, 1990). . Escalation stage when not brought under control will result to hurting Stalemate. This stage is the peak of every type of conflict. This begins fight and wars that can claim several lives and destroy properties running into millions of cedis. If the pain of continuing the conflict exceeds that of maintaining the confrontation, the parties are in "hurting stalemate, which often presents an ideal opportunity for negotiation and a potential settlement. Finally, if and when an agreement is reached, peace building efforts work to repair damaged relationships with the long-term goal of reconciling former opponent (Lederach, 2003). 1.4 Effects of land conflicts Conflicts have several consequences on the urban, peri-urban and the rural areas of a country. These consequences may be economical, socio-economical, environmental, socio-cultural, political, demographic, and psychological. Economic effect: Arunatilake et al., (2001) classified economic effect of conflict into two, namely, direct and indirect. Direct costs include destruction of stocks, reduction of tax income, destruction of public and private building and infrastructure, military expenditure and refugee care. Indirect costs include capital flight, loss of potential foreign capital investors, tourist inflows, migration of skilled labor, human capital formation (trauma, education), and jobs.

Fig. 2: Stages in conflict

1.5 Conflict resolution

When conflicts occur, solutions are sought to maintain peace and prevent the furtherance of destruction of relationships that have been built over ages in society enriching solidarity and social order which serves as basis of social correction and social control. Resolution of conflicts thus establishes the common reality or facts of conflicts, dissociate perceptions, and validates the emotional experiences which accompany it Werhmann (2008).  Resolution requires tactic, skill, submission of parties and the approval of award or solutions by the parties for peace building after the conflict (Assefa, 2000).

A number of formal and informal mechanisms exist where litigants can pursue their interests, such as: Judiciary, Special Land Courts, political institutions, party system, customary institutions, Religious institutions, civil society, and private sector mediators. Stakeholders in conflict resolution are composed of a complex mix of personality with varying educational, social and cultural orientations which resort to the use of formal and informal avenues for addressing parties pursuing competing interest (Herbest, 1998). Conflict Resolution is directed at understanding the cause of the conflict and finding alternative non-violent methods to help disputing parties reach mutually acceptable positions that resolve their differences.

From Brukum, (1995), a conflict may be said to have been resolved when all the parties freely accept a solution that has the following characteristics:

1.     by joint agreement

2.     the solution satisfies the interests and needs underlying the conflict

3.     the solution does not sacrifice any party's important values

4.     the parties will not wish to repudiate the solution even if they are in a position to do so later

5.     the solution meets the standards of justice and fairness.

6.     the solution is sufficiently advantageous to all the parties such that it becomes self-supporting or self-enforcing.

For effective and efficient resolution, the conflict must be analyzed, characterized, mapped and visualized.

Analyses of Land Conflicts: A first step in land conflict resolution is a thorough analysis of the conflict. A clear and deep understanding of the special characteristics of the particular conflict must be established. These characteristics are as follows: the causes of the conflict, actors involved (including their positions, attitudes, behavior, interests, needs and motivations), and their relations with each other.

Characteristics of conflicts identification: In order to identifying the characteristics of conflicts, the following questions must be asked; Is the conflict more about scarce resources or about norms and values?, Is the conflict divisible or indivisible? What is the social dimension of the conflict? Is this a latent or a manifest conflict? Is the conflict symmetric or asymmetric? and finally, Are the parties irreconcilable and unforgiving or are willing to find a compromise?

Conflicts Mapping: This is the collection and structuring information on land conflicts by the use of the following: Timelines, stage of conflict, the positions, interests, needs and desires/fears of actors in a conflict and the type of conflict, manifestation of the conflict, stakeholders, causes, potentials, risk, and possible solution.

Visualizing land conflicts: Visualizing land conflict is good because; it facilitates the discussion about the conflict, its causes and possible ways of resolving it. It is especially helpful if analysed together with one or even several of the conflict parties involved. The two most rewarding issues to be visualized in this context are the conflict causes and consequences by the use of a conflict tree and the relations between the actors thereby creating a conflict map

Re-enacting land conflict: Many at times, in an attempt to resolve land conflict, all the necessary information required in order to see the whole picture of the conflict are not received by just talking and listening to the parties or by interviewing technical experts, local leaders and other stakeholders and informants. Serious concerns such as actors motivations, feelings, material and emotional needs, fear and desires, are often left out. Role-play and social drama can contribute a lot toward gaining insight into such deeper roots of a land conflict. A socio-drama focuses on a social problem or a social conflict. It therefore aims to work out interpersonal relations and the feelings and needs of actors.

           

1.5.1 Methods of Conflict Resolution

Blake, et al, (1964) have identified the following three general strategies:

1.     The win-lose approach: This is often called the destructive approach, and it is too common in the system. The assumption made here is often incorrect, that when one party gains, the other loses. The valued outcome is to have a victor who is superior, and a vanquished who withdraws in shame

2.     Lose-lose strategy: This is exemplified by smoothing over conflict or by reaching the simplest of compromises. Disagreement is seen as inevitable, so therefore why not split the difference in a painless way as possible? This brings about partial satisfaction and less cost.

3.     The win-win approach: The win-win approach is a conscious and systematic attempt to maximize the goals of both parties through collaborative problem solving. The conflict is seen as a problem to be solved rather than a war to be won. The important distinction is both parties versus the problem, rather than one party versus the other party. There is an emphasis on the quality of the long term relationships between the parties, rather than short term accommodations.

1.5.2 Forms of Conflict Resolution

The various forms of conflict resolutions are as follows:

1.     Co-operative problem solving; this is an unassisted procedure which includes formal or informal discussions between individuals or groups. The most important thing here is that the parties involved must acknowledge a need to collaborate with one another to resolve their differences (Laue, 1987).

2.     Negotiation; which refers to either competitive processes (positional negotiation) or cooperative efforts (interest based negotiation). Interest-based negotiation is designed for parties who have a need to create or maintain healthy relationships. Interests, values and needs of both parties are very critical here, (Sandole, 1998).

3.     Mediation; this refers to a process through which a third party provides procedural assistance to help individuals or groups in conflict to resolve their differences.

4.     Facilitation; is an assisted process which is similar to mediation in its objectives; however, facilitated processes typically do not adhere to a tightly defined procedure.

5.     Arbitration; Arbitration is a form of dispute resolution where a third party makes the decision on the outcome of dispute. The arbitrator's decision is either binding or non-binding on the parties depending on the arrangement made prior to entering the arbitration process.

6.     Adjudication; Parties have opportunity to present their case but third party, appointed by state, imposes solution.

7.     Force; Parties have virtually no opportunity to present their case.

Figure 3 present a graph showing third party influence against the intensity of escalation and a suitable form of conflict resolution.

Fig. 3: Third party influences on conflict escalation                       Source: Blake, et al., (1964)

1.5.3 Land Conflict Resolution in Ghana

Ghana practice both informal and formal system of land conflict resolution. The informal system is when land conflicts are resolved by informal bodies such as; traditional heads, pastors, church leaders, family heads and opinion leaders by the use of negotiation, mediation or arbitration. Occasionally, the actors, through cooperative form of resolution can resolve conflict among themselves.  According to Choudree, (1999), although this system is informal, it is deeply rooted in the customs and traditions of the indigenous people.  It is less intimidating, less time consuming, and still achieve greater result. Emphasis is placed on relationship and right of the group and therefore, reconciliation is assumed.

However, the formal system is the use of state owned institutions such as the judicially (court), Alternative Dispute Resolution (ADR), Commission on Human Rights and Administrative Justice (CHRAJ), the Lands Commission, and the police to resolve land conflicts. The court uses adjudication form of conflict resolution to handle land conflict issues whereas the rest use negotiation, mediation or arbitration for reconciliation.

2   Materials and Methods Used

Both qualitative and quantitative data collection tools were used. It was rooted to a qualitative epistemological position which appreciated the need to consider a particular social place to locate a research study area.  Attention was paid to history of migration of communities in the context of Central Region. Data collection mainly consisted of surveys (Questionnaires), interviews (with state holders), and meetings with community members. Multiple interviews were conducted with the actors in conflict in order to provide more in-depth opportunities for follow-up.

2.1 Assessment of mechanisms used in LCR in Ghana

Five (5) districts in the Central region of the republic of Ghana were purposively selected from the Ghana statistical service sampling frame (Figure 4). The districts are Awutu Senya East, Agona West, Cape Coast north, Komenda Edina Eguafo Abrem (KEEA), and Assin central. The selection of the district were based on their increasing socio-economic activities, increasing housing projects coupled with several alleged land conflicts.

Central region is located in the southern part of the country. It is bounded on the north by Ashanti and Eastern region, South by the gulf of guinea, west by Western region and east by the Greater Accra region. It has a total surface area of 9, 826 km² (3794 sq mi) with population of 2, 201,862, people (2010 census).

Fig. 4: Study Area

The region was selected for this study because of the following reasons among others: It is one of the fastest developing region in the country due to its strategic spatial position; it is located in between the Western region (rich in oil) and Greater Accra region (the seat of Government). The selection was also based on the conveniences, proximity, and the preparedness of the people to assist this research. 

A primarily survey and interviews were conducted to assess the public perception on the mechanisms currently being used in resolving land conflict and the overview of land conflict resolution in the region aforementioned. Questionnaires were administered to one thousand (1,000) house hold people and five institutions in these selected districts. The institutions considered are; the judicially (state court), lands commission, Ghana police service, House of chiefs, Commission of Human Rights and Administrative Justice (CHRAJ),  the Town and Country Planning (TCP),  and the Administrator of Stool Lands (ASL). The selection of the institutions were based on the results from the household’s survey.

2.1.1 Sampling procedure

As presented in Figure 5, both probability and non-probability sampling techniques were employed for representative sampling of the household and the institutional survey respectively. On the other hand, non-probability techniques such as purposive sampling, convenience sampling and key informant were adopted for the institutional survey due to the sample size been small, and the nature of the research required.

Fig. 5: Sampling methods

Due to the spatial distribution of the households and the population size, three methods of the probability sampling namely; cluster, simple, and systematic sampling approach were adopted. Question were asked on three main areas, (Table 1); respondent’s personal information, land ownership, and involvement in land conflict.

Table 1: Sampling questions

RESPONDENTS	QUESTIONS
Personal information	1.     Age? 2.     Gender? 3.     Educational Background?
Land ownership	1.     Do you have a land? 2.     If yes, have you registered? 3.     Which source did you acquired the land? 4.     What is the purpose of the acquisition? 5.     What are our views on land acquisition in Ghana?
Land conflict assessment	1.     Have you been involved in land conflict before? 2.     If yes, which mechanism did you employed for resolution? 3.     What was the time flame used for the resolution? 4.     Were you satisfied with the result? 5.     What was the cost involved? 6.     What is your impression about the mechanism you employed?

3   Results and Discussions

3.1 Causes and effects of land conflicts in Central Region

Information about ages of the various respondents in land litigations is clearly observed from Figure 6 that, the active people in land litigations are between the ages of 31 and 50. This group corresponds to 72% of the sample size. This is followed by those within the ages of 20 to 30 years with a percentage ratio of 14%. The last two age groups that are not mostly involved in land litigation are ages 51 to 60 and ages 61 and above.

They recorded 90 and 50, representing 9% and 5%, respectively. About the gender of the actors, it is observed that more males are involved in land litigation than females. The males represent 75% whereas the females were 25%. (Figure 7).

Looking at the educational level of the various respondents, the survey revealed that the higher the level of education, the lessor the person is involved in land litigation (Figure 8).

Fig. 6: Age of Actors

Fig. 7: Gender of the Actors

Fig. 8: Educational background of actors

Thus, people with educational level up to Junior Secondary School, Junior High School and MSL are the people mostly seen in land litigation. They recorded a total of 340 out of 1000. This corresponds to 34%. The next group which is mostly involved in land conflict is people with secondary school education level. They recorded a total of 250 which corresponding to 25%. People with post-secondary education level recorded a total of 200, representing 20%. Those with tertiary education recorded a total of 140 representing 14%. Finally, people with poly-non tertiary are the people usually not involved in land conflict. They recorded a total of 70 out of 1000, representing 7%.

It was also discovered that all reported land cases are caused by unfaithfulness on the part of land owners, double registration by Lands Commission, improper titled search before land acquisition by clients, improper documentations, lack of proper boundary demarcations, improper conflict visualization (maps), and institutional misfortunes. Detail percentage distributions are shown in Figure 9.

Fig. 9: Causes of land conflicts in Ghana

Figure 9 again shows that unfaithfulness in the land market is one of the key problems that make it difficult to resolve land issues. Institutional misfortune was also notice as one of the key issues that make it difficult to resolve land issues. Other factors that were identified by the respondents include improper documentation, lack of proper boundary, improper visualization, double registration and improper search.

Figure 10 also presents percentage results on where respondent cases where resolved.

It was revealed that the state court is the number one choice by the people for LCR in Central Region. Thus, 46.9% of cases where heard at the state court. The customary system (house of Chiefs) placed second with 38.0%.

The remaining cases were heard according to the following distributions; 8.1% at the Lands Commission, and 3.2% by the Town and Country Planning, 1.5% by the Administrator of Stool Lands, 1.3% by the Police and 1.0% by the CHRAJ.

Figure 11 represents third party influence on land conflict resolution in central region. When asked of third party influence for resolution, it is seen from Figure 10 that adjudication at state court constituted about 47%, whereas arbitration and mediation accounted for 38% and 15% respectfully. The good thing is that none was forced to vacate or move out of the property.

The research further provided information on the duration for resolving litigation (Figure 12). It was noted that about 34% of cases were resolved between 1 to 10 years, whereas 56% where resolved over 10 years. However there were about 10% cases that had lost track of its resolution. Thus either one party is no more interested or the principal party member has acquire a chronic disease or is dead.

To ascertain the level of satisfaction of actors on how cases where resolved, the statistics obtained as shown in Figure 13 pointed out  that, as many as 47%  of the respondents are not happy with the current system of resolving land conflicts. However 53% of respondents claimed to be happy with the system. Many of these are those who opted for the customary system to resolve their conflicts. These presume that mechanisms for LCR in Ghana need serious attention.

The data represented in Figure 14, elicit from the respondent about the cost involves in conflict resolution in Ghana.

From the total sample size of 1000 used, 700 people, representing 70% complained about the high cost of seeking justice in Central Region. However, 300 respondents, representing 30% seems to be okay with the cost of seeking justice for land right (Figure 14).

Figure 15 is a graph showing the effects of lands conflict in Central Region. According to the graph, land conflicts affects both socio-economic and socio-cultural life of a country.

As presented in Figure 15, land conflicts has led to 33.2% mistrust among friends and relatives which in turn has contributed to the brake ups of most relationships. The second highest of these effects in the inability to commence socio-economic projects, which constitute 24.2%. This is followed by placement of interrogatory injunctions on project which accounts for 18.8%. The rest are broken homes 11.3%, loss of lives 7.5%, and permanent injuries (Deformities) which is 5%.

Fig. 10: Medium of resolution

Fig. 11: Percentage of 3^rd party influence on resolving conflict in Central Region

Fig. 12: Time frame for conflict resolution

Fig. 13: Satisfaction level of the respondents

Fig. 14: Cost involved in LCR

3.2 Conflict resolution mechanisms in Central Region

Although Ghana has good legal and customary structures for handling conflict, conflict in its varied forms is an everyday occurrence in Central region as far as human interaction is concerned. When it affects land, it becomes intractable considering the level of physical and spiritual attachment given to land by people in the region aforementioned. Contestation over land in Central region is very acute with possible high rate of intensity. The conflicts are normally between; the host communities verse the migrants, inter-communal, inter-generational and gender based. These conflicts reflects the embedded of land laws in local power structures and social group membership. The drive for economic development, social and political harmony will be a mirage unless conflicts related to lands are resolved unmistakably.

The conducted survey has revealed that, land cases constitute 59% of the total cases in the state court. The average increase per year is 25% whereas the rate of settlement is as low as 10%.

Fig. 16: Statistics on Land Cases in Ghana: Central Region

Figure 17 provide analytical model of the various mechanisms that are been used to resolve land conflicts in Central Region, their step by step methodology, weaknesses, and the missing requirement. 

Procedure involve in the traditional court:

By observing the proceedings at the traditional court and expects account during the interview conducted, it emerged that, the following procedure and processes are followed when a case is lodged at the traditional court; Submission or presentation of the case by the complaint (nkrobo), defends submission by the accused (nkrobo), cross examination by the jury, actors, or their lawyers, tendering, inspection and validation of evidential documents, submission by witnesses (if any), then Passing of judgment.

Advantages of Customary System of LCR: The following advantages can be deduced; Less stress as compare to state court, No or less intimidation, less cost and relatively fast, certainty of truth as a result of respect of culture, focus is on win-win for peace and consensus building, appeal to the next level of authority is allowed, and transparent.

Limitations of the Customary System of LCR: though the customary system has some advantages, the system has the following disadvantages; no land tile/deed search, no inclusion of a geoscientist, GIS and Geoscientist involvement is ignored, lack of stakeholder participation, not pro-poor objective, several appeals and revisit of cases at a least chance.

Process Involves in the State Court: Filling of statement of claims by complainant, serving of summons to the defendant, filling of statement of defense by defendant, exchange of statements, hearing of the case, authentication of all documentary evidence, invitation of witnesses if any, engagement of private players (e.g. surveyor, or lands officer) if necessary, and finally, Passing of judgment.

Fig. 17: A Summary of analysis of mechanisms used in LCR in Ghana

Limitations of the state court: This process has a lot of lapses as expressed by conflict actors. The serious problems in the court process are the following; a case in one court does not reflect on another court, and for that matter, there is no coexistence between two or more courts even when they are located in the same preemies. There exist a lot of appeals after most land cases. This suggests mistrust and lack of confidence in the judiciary.  Legal pluralism also poses problems for the judiciary in administering justice in land litigation. Land is governed by a dual legal regime, namely, common law and customary law. The amalgamation of outsized quantum of suits being filed and the incapacity to handle the case load expeditiously thereby causing a huge backlog of unheard cases to build up and long adjournments for litigations. The process is very intimidating due to the court settings. It thus favours the rich and the powerful over the poor and weak since it depends on the ability of client’s lawyer to bluff. It is also assumes that, the law lies in the bosom of the judge instead of participatory decision making. It is win-lose method which is known as the destructive approach in conflicts resolutions methods is apply in the state court. The process creates fear and panic in some actors due to the behaviour of some opposition lawyers in the court room. The fear of contempt does not allow actors to fully express themselves in the court room. As a result, some important facts, feelings and sentiments are hindered. Very expensive in hiring lawyers and paying of transportation fees to lawyers. Time wasting as land cases in court can spine from five to twenty years and even more. Finally, pro-poor objective is not achieved.

4   Conclusions and Recommendations

Land conflict is still on the increase without any satisfactory mechanism to resolve nor prevent them. A shocking revelation is that, land cases constitute about 59% of the total cases in Central Regional courts. Meanwhile, there is an average increase of 25% per annum with a settlement rate as low as 10%. It is also noted that, people who are highly involves in land conflicts are male and people with low level education.

The major causes of land conflicts are noted to be human factors than natural occurrences. The effects of land conflicts are enormous which include; time wasting, high financial and time cost, injunctions on projects, inability to start new projects, broken homes, permanent deformities and even loss of lives. 

The research shows that, land conflicts are mostly resolved in the state court and the traditional courts than the other mechanisms such as the Lands Commission, ASL, CHRAJ, and the Police. These mechanisms have more weakness than strength. Litigants are however not satisfied with the currents mechanisms of Land conflict resolution.

It is therefore recommended that, a new mechanism like Participatory Geographic Information System (PGIS) should be tried and adopted for LCR. The following activities are also recommended to boost up the current mechanism; there is the need for Land Title search, Participatory mapping, GIS integration, and stakeholder participation in every conflict resolution mechanism.

References

Adetula, V. O. A. (2006), “Development, Conflict and Peace Building in Africa”, Introduction to Peace and Conflict Studies in West Africa, Gaya, S. B. (ed.), Spectrum Books Ltd., Ibadan.   

Anon. (2002), “Conflict in Northern Ghana: A Long-Standing. Challenge for Poverty-Reduction Initiatives”. DISCAP Discussion Paper.

Assefa, T. (2008) Academic Freedom in Ethiopia: Perspectives of Teaching Personnel Journal of Ethiopian Studies  Vol. 39, No. 1/2 (June-December 2006),

                             Stable URL: http://www.jstor.org/stable/41966174. pp. 175-180.

Awedoba, A. K. (2010), “Living in the Age of Conflict: Exploring the Role of Indigenous Solutions in Conflict Management/Resolution in Northern Ghana”, In Conflict Management and Peace Building for Poverty Reduction, Kendie, S. B. (ed), GILLBT Press, Tamale, pp. 22 – 46. 

          

  Assefa, T. (2000) Problems of sustainable resource use among pastoralist societies: the   influence of state interventions on pastoral life of the karrayyu in Pastoralists and environment : Experiences from the greater Horn of africa. Organization for social science research in Eastern and southern Africa. pp. 44-52.

Arunatilake, N., Jayasuriya, S. and Kelegama, S. (2001), “The Economic Cost of the War in Sri    Lanka.” Elsevier Volume 29, Issue 9, September 2001, Pages 1483–1500.

Blake, R. (1964) “The Decline of Power” pp. 22-41.

Brukum, N. J. K. (1995), “Ethnic Conflicts in the Northern Region of Ghana: A study of the conflict in the Gonja District, 1980 – 1994”, Ocquaye, M. (ed), Gold-Type Publications, Accra, pp. 14 – 35.

Burton, J. (1990), “Conflict: Human Needs Theory”, St. Martin's Press, New York, pp. 4 – 13.

Canterbury, D. and Kendie, S. B. (2010), “Development in Context: Power Dynamics and Underdevelopment of the Third World – Implications for Poverty Reduction and Conflict Management in Ghana”, Proceedings of the 2010 Harmattan School: Conflict Management and Peace Building for Poverty Reduction, Kendie, S. B. (ed), GILLBT Press, Tamale, 188pp.

Choudree, R. B.G. (1999), “Traditions of Conflict Resolution in South Africa”, African Journal on Conflict Resolution, Vol.1, No. 4, pp. 25 – 44.

Coser, L. A. (1956), “The Functions of Social Conflict” IL: Free Press, Glencoe, pp. 151- 157.

Dahrendorf, R. (1958), “Toward a Theory of Social Conflict", Journal of Conflict Resolution, Vol. 2, No. 2, pp. 170 – 183.  

Galtung, J. (1996), “Peace by Peaceful Means: Peace and Conflict”, Development and Civilization, SAGE Publications, New York, 280 pp.  

Herbest, J. (1998), “Security and Peace in Africa: An analysis of Peacekeeping and Peace Enhancement Potential.” World Peace Foundation Reports No. 17, Cambridge. 

Imbusch, P. (1999), “The Concept of Violence” International Handbook of Violence Research      pp 13-39.

Lederach, J. P. (2003), “The Little Book of Conflict Transformation:” Clear Articulation of the Guiding Principles by a Pioneer in the Field, Good Books, Intercourse, PA, 79 pp. 

Laue, J. (1987), “The Emergence and Institutionalization of Third Party Roles in Conflict”, Conflict Management and Problem Solving: Interpersonal to International Applications, Sandole, D. J. D. and Sandole-Staroste, I. (eds), New York University Press, New York, pp. 17 – 29. 

Lemarchand, R. (2009), “The Dynamics of Violence in Central Africa,” University of Pennsylvania Press, Philadelphia, 344 pp. 

Linde, A. van der and Naylor, R. (1999), “Building Sustainable Peace: Conflict, Conciliation and Civil Society in Northern Ghana”, Oxfam Working Paper, 68 pp.

Margenthan, H. (1973), “Politics among Nations: The struggle for Power and Peace”, 5^th edition, McGraw-Hill, Inc., New York, 409 pp.

Melamed, D. (2005), “Monitoring arsenic in the environment: a review of science and technologies with the potential for field measurements.” Elsevier Volume 532, Issue 1, 7 March 2005, Pages 1–13

Neufeldt, R. et al (2002), “Peace Building:” A Caritas Training Manual, Caritas Internationalis, Vatican City, 276 pp. 

Odonkor, M. and Manson, J. (1994), “Land Paramountcy and Conflict in Northern Region”:  The 1994 Guinea-fowl War, Unpublished Confidential Report for CIDA, Accra.

Onadipe, A. and Lord, D. (1999). “African Media and Conflict”, Conciliation Resources, London. pp1-5. 

Ross, M. (1993), “The Management of Conflict”: Interpretations and Interests in Comparative Perspective, University Press, New Haven. 226pp.

Sandole, D. J. D. (1993), “Paradigms, Theories, and Metaphors in Conflict and Conflict Resolution: Coherence and Confusion?”, Conflict Resolution Theory and Practice, Integration and Application, Sandole, J. D. D. and Van der Merwe, H. (eds),  Manchester University Press, Manchester, pp. 3 – 21.

Stride, G. T. and Ifeka, C. (1971), “Peoples and Empires of West Africa”: West Africa in History, 1000-1800, Africana Publishing Corporation, New York. 373pp. 

Wehr, P. (1979), “Conflict Analysis”, Conflict Regulation, Westview Press, Boulder, Colorado. 245pp.

Wehrmann, B. (2008), “Land Conflicts”: A Practical Guide to Dealing with Land   Disputes, GTZ, Eschborn 2008, pp. 9.

Authors

Gyamera Ankomah Ebenezer is a Land Surveyor and Geological Engineer by profession with over fifteen year of experience in the field of Geosciences. He holds PhD in Geomatic Engineering from the University of Mines and Technology (UMaT), Tarkwa, Ghana- West Africa. He is a Chartered Project Manager, fellow at American Academy of Project Management (FAAPM), a Member of Institution of Engineering and Technology (MIET) and a member of Ghana Institution of Surveyors (MGhIS).

Dr. Edward Eric Duncan is a senior Lecturer at UMaT with over thirteen years of experience in teaching and research. He has over thirty publications to his credit in the areas of GIS (2D & 3D), Remote sensing, and Geomatic Education. He is a member of Ghana Institution of Surveyors (MGhIS)

J. S. Y. Kuma is a full professor and a Vice Chancellor in UMaT with over thirty years of experience. He is a fellow at African Scientific Institute (FASI), Member of Ghana Institution of Engineers (MGhIE), Member of Ghana Institution of Geoscientist and Members of International Association of Hydrologist.

Dr. Anthony Arko-Adei is a Senior Lecturer at the Kwame Nkrumah University of Science and Technology and expert in Land administration with over twenty years of experience. He is a member of Ghana Institution of Engineers (GIE), Ghana Institution of Surveyors (MGhIS) and a Licensed Surveyor.