Compulsory Land Acquisition in Ghana: Impacts on Customary Land Rights and Legal Institutional Frameworks Review
Roshel Ayimaa *
Centre for Settlement Studies, KNUST, Kumasi, Ghana.
Romanus Dogkubong Dinye
Centre for Settlement Studies, KNUST, Kumasi, Ghana.
Irene-Nora Dinye
Centre for Settlement Studies, KNUST, Kumasi, Ghana.
*Author to whom correspondence should be addressed.
Abstract
This paper highlighted the socio-economic and cultural disruptions endured by indigenous communities affected by compulsory land acquisition for state-led development initiatives. The objective was to assess how effectively current legal frameworks protect indigenous rights during compulsory land acquisition. A systematic literature review was conducted, analyzing peer-reviewed articles published between 2000 and 2024. The findings revealed that legal frameworks, such as Ghana's State Lands Act of 1962, marginalized customary land tenure systems, resulting in fragile land rights, diminished economic autonomy, and erosion of cultural heritage. Inadequate consultation, poor compensation mechanisms, and insufficient recognition of customary rights exacerbated challenges for indigenous communities. The paper recommended reforms to incorporate customary tenure into statutory law and enforce equitable compensation mechanisms. The paper aligns with the institutionalization of Free, Prior, and Informed Consent (FPIC) in land acquisition processes and the strengthening of local institutions through capacity-building initiatives. It suggested creating grievance mechanisms, awareness campaigns, and robust monitoring frameworks to enhance accountability and community participation. A more equitable land governance system that respects and protects the rights of indigenous communities in Ghana and beyond is an obvious necessity.
Keywords: Compulsory acquisition, land rights, institutional and legal frameworks