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06-06: National Land Policy Documents: Potential & Challenges
Zambia’s Land Policy formulation pitfalls-points of divergence
Ministry of Lands and Natural Resources, Zambia
Zambia’s attempts to land policy formulation after the return to multi-party politics started in 1993 with a National Conference on Land Policy Reform in the Third Republic which led to the enactment of the Lands Act of 1995. Ever since then attempts to formulate an overarching and consistent Land Policy for the country have proved futile. This has largely been because of divergent views from traditional authorities and other stakeholders who have perceived government intention in the policy to be one of usurping all powers over land to itself.
This paper will discuss the points of divergence especially from the chiefs and the current state of play in the draft land policy with the view to see how these can be harmonized in order to reach consensus.
Demarcation of traditional land management areas in Malawi
Ministry of Lands, Housing and Urban Development, Malawi
The Government of the Republic of Malawi, through MLHUD, enacted 10 land related Laws in 2016 and were assented to by the State President in January 2017. One of the new laws is the Customary Land Act 2016.The Act provides for the creation of customary estates through adjudication, demarcation and registration of Traditional Land Management Area (TLMAs) followed by adjudication, demarcation and registration of Group Village Areas GVAs and individual land parcels belonging to the local communities. The Ministry undertook the TLMA demarcation and created a Geodatabase of captured geo-spatial information for TLMAs for 280 out of 293 TLMAs. The work is to be completed soon
The Namibian 2nd National Land Conference has passed, how the resolutions taken will influence the politics and reluctance to register tenure rights in the Kavango West and Kavango East regions.
Ministry of Land Reform, Namibia
Lack of tenure security has negative effects of land grabbing by elites, eviction of the poor and vulnerable communities. This paper researched and analyzed the resolutions taken at the just ended Namibia’s 2nd National Land Conference that took place from 01-05 October 2018 to determine if such resolutions will influence the registration of tenure rights for the rural communities of both Kavango West and Kavango East regions.
The current impasse between the government of the Republic of Namibia and the Traditional Authorities affects the communities. It is estimated that a total of 12032 households are without tenure security.
Such communities are exposed to eviction, while the rights of women and vulnerable communities are affected.
The study suggests, interventions to entice demand for the registration of tenure rights, the establishment of Registration Committees, recruitment of Agents of Change etc.
Tenure security promotes sustainable development, reduces land grabbing and avoid evictions.
Land rights as an imperative for sustainable land and resources management in Kenya.
National Land Commission, Kenya
Key land reforms in Kenya were postulated in the land policy of 2009, and subsequently in the Kenya Constitution 2010. However, failure to fully implement the intentions of the policy and the Constitution has put the goals of sustainable land and land resources management in jeopardy. A major contributor of this phenomenon has been the political economy in the country. Vested political and economic interests have ensured that radical reforms in the land sector do not see the light of the day. without these reforms land rights of the minorities a nd other weaker sections of the community may not be realized.