Assessing the Appeal of Traditional Dispute Resolution Methods in Land Dispute Management: Cases from the Upper West Region

Abstract

Land disputes have become a common phenomenon throughout Ghana. Though land reforms are currently being implemented (through the Land Administration Project) as a remedy to the number of issues that militate against the effective use of land, little or no attention is paid to how to effectively manage land disputes. Traditional authorities are major stakeholders in land administration, yet they remain excluded from the formal processes of managing land related disputes. With over 80% of all land in Ghana under their control, one wonders why their judicial role in the administration of justice is confined to adjudication in chieftaincy matters only. The study sets out to examine the relevance of traditional authorities and traditional dispute resolution methods in land dispute management in the Upper West Region of Ghana. Key informant interviews were conducted with traditional authorities (chiefs, tendamba) and officials from some state land sector agencies. Focus group discussions and interviews were held with land user groups and selected individual land users respectively. Data was analysed thematically.The study shows that in all the three areas, traditional authorities are involved in land dispute settlements owing to their position as the legitimate custodians of land. Settlement outcomes from these dispute resolution processes are also readily accepted by parties. Thus, given their proven resilience and adaptability to changing socio-cultural as well as political conditions, a formal recognition and inclusion of traditional authorities in justice administration can therefore reduce, if not eliminate, the number of land disputes currently overwhelming the law courts and hindering land use.

Keywords: Land dispute, traditional dispute resolution, Wa, Wechau, Lambussie