Gwembe Tonga land tenure, Zambezi Valley, Zambia

Arable land in this case, following Ostrom (2005: 24), is both a common pool resource and a public good. Bush land used for shifting cultivation is a common pool resource. Rights to this land belong to whoever clears it. There are virtually no rules governing access, except acceptance into a community that claims the bush land as part of its territory. Gaining acceptance is a simple matter of asking permission or just establishing residence in a place. River land is a common pool resource. River land, however, straddles a boundary between common pool resource and private good. Everyone should have access to river land. But river land is finite. There is only so much to go around. Therefore, some lineage members, where river land is scarce, have not inherited river land through their kin nor received any river lands through gift. Thus, in practice, people are excluded from river land, though people’s ability to exclude others is not institutionalized. In fact, it is against custom to sell any land, especially river land. Institutionalized rules and practices for excluding people from river land do not exist. As noted below, many rules guide who can access river land, under what conditions they can access the land, and who, if anyone, can take river land from a person currently cultivating the land.