Free download from www.hsrcpress.ac.za Free download from www.hsrcpress.ac.za Free download from www.hsrcpress.ac.za Published by HSRC Press Private Bag X9182, Cape Town, 8000, South Africa www.hsrcpress.ac.za First published 2010 ISBN (soft cover) 978-0-7969-2322-6 ISBN (pdf) 978-0-7969-2323-3 ISBN (e-pub) 978-0-7969-2324-0 © 2010 Human Sciences Research Council The views expressed in this publication are those of the authors. They do not necessarily reflect the views or policies of the Human Sciences Research Council (‘the Council’) or indicate that the Council endorses the views of the authors. In quoting from this publication, readers are advised to attribute the source of the information to the individual author concerned and not to the Council. Copyedited by Lee Smith Typeset by Robin Taylor Cover design by FUEL Design Printed by [Name of printer, city, country] Distributed in Africa by Blue Weaver Tel: +27 (0) 21 701 4477; Fax: +27 (0) 21 701 7302 www.oneworldbooks.com Distributed in Europe and the United Kingdom by Eurospan Distribution Services (EDS) Tel: +44 (0) 20 7240 0856; Fax: +44 (0) 20 7379 0609 www.eurospanbookstore.com Distributed in North America by Independent Publishers Group (IPG) Call toll-free: (800) 888 4741; Fax: +1 (312) 337 5985 www.ipgbook.com Free download from www.hsrcpress.ac.za Contents Tables and figures vii Acronyms and abbreviations viii Acknowledgements x Foreword xi Introduction: The struggle over land in Africa: Conflicts, politics and change 1 Ward Anseeuw and Chris Alden Theme 1: Ethnic and indigenous land conflicts 1 ‘Indigenous’ land claims in Kenya: A case study of Chebyuk, Mount Elgon District 19 Claire Médard 2 Shades of grey: Post-conflict land policy reform in the Great Lakes Region 37 Chris Huggins Theme 2: Between ‘traditionalism and modernity’: Insecurity, privatisation and marginalisation 3 The politics of communal tenure reform: A South African case study 55 Ben Cousins 4 K a r a l land: Family cultural patrimony or a commercialised product on the Diamaré Plain? 71 Bernard Gonné Theme 3: Renewed land interests, land use, and conflicts 5 The conflicting distribution of tourism revenue as an example of insecure land tenure in Namibian communal lands 85 Renaud Lapeyre 6 Land rights and enclosures: Implementing the Mozambican Land Law in practice 105 Christopher Tanner 7 Biodiversity conservation against small-scale farming? Scientific evidences and emergence of new types of land crises 131 Catherine E Laurent Free download from www.hsrcpress.ac.za Theme 4: State building, politics and land 8 The role of land as a site and source of conflict in Angola 147 Jenny Clover 9 Two cycles of land policy in South Africa: Tracing the contours 175 Ruth Hall 10 A legal analysis of the Namibian commercial agricultural land reform process 193 Willem Adriaan Odendaal Theme 5: Land policy development, planning and (non-)inclusiveness 11 The Ituri paradox: When armed groups have a land policy and peacemakers do not 209 Thierry Vircoulon 12 Understanding urban planning approaches in Tanzania: A historical transition analysis for urban sustainability 221 Wakuru Magigi Theme 6: Regional scopes of land conflicts and changing norms 13 The Zimbabwe crisis, land reform and normalisation 245 Sam Moyo 14 Regionalisation of norms and the impact of narratives on southern African land policies 265 Chris Alden and Ward Anseeuw Contributors 279 Index 281 Free download from www.hsrcpress.ac.za vii Tables and figures Table s Table 5.1 Leisure tourists in Namibia, 2001–07 87 Table 5.2 Annual revenues in 2005 for 44 conservancies, Namibia 93 Table 5.3 Insecure rights and conflicts, Namibia 95 Table 6.1 Community land delimitations under way and completed, Mozambique, June 2003 112 Table 6.2 Allocation of public sector resources to community land delimitation through PAAO SPGC budgets, Mozambique, 2001–03 113 Table 6.3 Land concentration indicated by new land applications up to March 2000, Zambezia Province, Mozambique 117 Table 6.4 Land concentration trends in Gaza Province, Mozambique, 2004–05 118 Table 11.1 Militias operating in Ituri, DRC, 2003–04 211 Table 13.1 Key conflict arenas and transition issues, Zimbabwe 258 Figures Figure 4.1 Location of Diamaré Plain, Northern Cameroon 72 Figure 4.2 Annual evolution of the purchase price ( 1 _ 4 ha) in Diamaré Plain 76 Figure 4.3 Spatial distribution of land in karal areas of the Far North Province 77 Figure 4.4 Evolution of the number of contract papers in Salak, 1995–2001 78 Figure 5.1 Rent generation from natural assets, by multiple users and its distribution 88 Figure 5.2 Application process for a right of leasehold, Namibia 91 Figure 5.3 Territorial re-appropriation of natural resources: Communal land conservancies in January 2006 93 Figure 12.1 Formal and informal neighbourhoods in Dar es Salaam city 224 Figure 12.2 Land regularisation outputs, Tanzania 230 Free download from www.hsrcpress.ac.za viii Acronyms and abbreviations AALS Affirmative Action Loan Scheme (Namibia) Agribank Agricultural Bank of Namibia ANC African National Congress (South Africa) APC Congolese People’s Army CBNRM Community Based Natural Resources Management programme (of the Ministry of Agriculture) (Mozambique) CBTE community-based tourism enterprise (Namibia) CFJJ Centre for Juridical and Judicial Training (of the Ministry of Justice) (Mozambique) CLDC Community Land Development Committee (Tanzania) CLRA Communal Land Rights Act (South Africa) Codesa Convention for a Democratic South Africa CTC CT Consulting DfID Department for International Development (UK) DLA Department of Land Affairs (South Africa) DMG Daureb Mountain Guides (Association) (Namibia) DNFFB National Directorate for Forests and Wildlife (Mozambique) DRC Democratic Republic of Congo DUAT Direito de Uso e Aproveitamento de Terra (Land use and benefit right) (Mozambique) EBM evidence-based medicine EBP evidence-based policy EPM Environmental Planning and Management ESAP economic structural adjustment programme FAO Food and Agriculture Organization (of the United Nations) FAPC People’s Armed Forces of Congo (Forces Armées du Peuple Congolais) FNI Front for National Integration (DRC) FPDC People Forces for Democracy in Congo FRPI Front for the Patriotic Resistance in Ituri (DRC) IDP internally displaced person IMF International Monetary Fund LAPC Land and Agriculture Policy Centre (South Africa) LRAD Land Redistribution for Agricultural Development (South Africa) MDC Movement for Democratic Change (Zimbabwe) MET Ministry of Environment and Tourism (Namibia) MINADER Ministério de Agricultura e Desenvolvimento Rural (Ministry of Agriculture and Rural Development) (Angola) MLHSD Ministry of Lands and Human Settlement Development (Tanzania) Free download from www.hsrcpress.ac.za ix MONUC Mission de l’Organisation des Nations Unies en République démocratique du Congo (Mission of the United Nations Organisation in the Democratic Republic of Congo) MP Member of Parliament MPLA People’s Movement for the Liberation of Angola NAFU National African Farmers’ Union (South Africa) NGO non-governmental organisation NLC National Land Committee (South Africa) NMC National Monument Council (Namibia) PTO Permission to Occupy PUSIC Party for Unity and Safeguarding of the Integrity of Congo RPF Rwandan Patriotic Front SADC Southern African Development Community SAP structural adjustment programme SLAG Settlement Land Acquisition Grant (South Africa) SUDP Strategic Urban Development Plan/Planning Swapo South West Africa People’s Organisation TA tribal/traditional authority TCOE Trust for Community Outreach and Education (South Africa) TLGFA Traditional Leaders and Governance Framework Act (South Africa) UCLAS University College of Land and Architectural Studies (Tanzania) UDASEDA Ubungo Darajani Community Development Organisation (Tanzania) UNDP United Nations Development Programme Unesco United Nations Educational, Scientific and Cultural Organization Unita National Union for the Total Independence of Angola UPC Union of Congolese Patriots WSSD World Summit on Sustainable Development Zanu-PF Zimbabwe African National Union (Patriotic Front) Free download from www.hsrcpress.ac.za x Acknowledgements Land issues and conflicts occur all over the African continent, all the time. Stories regarding land mushroom on a continuous basis. Although many of them are not new, they continue to change and are extremely complex and embedded. This leads to difficulties in dealing with them and results in questions around the legitimacy of forms of conflict intervention and prevention, many of which do not take into consideration the major – and thus potentially recurring – causes of conflict. It is on this basis that the conference forming the foundation of this book was organised. Supported by the French Institute of South Africa (IFAS-Research) – in partnership with the French embassies of Pretoria, Harare, Gaborone, Windhoek and Maputo; the office of the Food and Agriculture Organization of the United Nations in Harare; the French Agricultural Research Centre for International Development (CIRAD); the London School of Economics and Political Science (LSE); and the University of Pretoria (UP) – The Changing Politics of Land: Domestic Policies, Crisis Management and Regional Norms conference gathered in Pretoria on 28 and 29 November 2005. Papers were selected by a scientific review committee composed of members of all funding institutions, and included the main research institutions and organisations specialising in these questions (UP and the University of the Western Cape, both from South Africa; CIRAD; French Research Institute for Development; French National Institute for Agricultural Research; the Institute for Security Studies; the African Institute for Agrarian Studies of Harare; the Legal Assistance Center of Windhoek; Human Rights Watch; etc.). This book is a collection of updated versions of most of the papers presented at the conference. We would like to convey our gratitude to all the funders, as well as to the many contributors and participants, who made it possible through both the conference and this publication to present the state of knowledge on land issues and conflicts in Africa. They also made it possible to keep alive a necessary debate on land questions in Africa, despite the sensitive context and acute controversies. Free download from www.hsrcpress.ac.za [...]... benefits to the majority of the African people Thus concludes the historic Framework and Guidelines on Land Policy in Africa, adopted by the Heads of State of Africa meeting in Sirte, Libya, in July 2009 The Framework was prepared under an initiative led by the African Union and involving most of Africa s prominent land experts, including some of the authors in this book The Struggle over land in Africa. .. impacts on African traditional tenure systems while reinforcing the distortions of the colonial period, and could have the unintended effect of undermining rather than securing rural people’s land rights The author emphasises that many of the problems in the Act derive from the paradigm of land titling that has been adopted In the Diamaré in Northern Cameroon, on the other hand, the karal land, once... conflictual terrain Land policy in Africa is changing The market-centred land tenure reforms of the 1980s and 1990s are beginning to lose ground to the more people-centred tenure reforms of the last decade Land policies and laws in Africa are, in theory, increasingly capable of serving the needs of ordinary land users by accommodating difference, plurality and more decentralised forms of land governance Concepts... rights, including the universal right to be free from hunger and poverty This was the rationale for the creation of the International Land Coalition more than a decade ago, and it is the driving force behind many organisations and individuals across the African continent who work on questions of land tenure The authors and contributors to The Struggle over land in Africa present an illuminating set of... different for the Chepkitale people or Mosop and for the lowland people or Soy Although they own a plot in Chebyuk, most Chepkitale people still have relatives in the moorlands, the land of milk and honey, where they keep cattle They take turns rearing animals on the mountain, bringing back honey and making use of bamboo Before the creation of Chebyuk, in spite of their isolation up in the moorlands, the Chepkitale... papers in the region, giving the farmers and their families a certain land security Renewed land interests, land use, and conflicts Uncertainty of rights, which works against the interests of the original occupants, tends to increase when exogenous changes or interests appear In such cases, the need to adapt or create specific institutions (often imposed by the state or by the outside technical or financial... enforced during colonisation seem to have encouraged a clear distinction between the people from the moorlands, the Mosop, and the people from the lowlands, the Soy, with the forest reserve lying inbetween The Kalenjin speakers of Mount Elgon were administered separately in Chepkitale and were kept apart from the main reserve until the creation of Chebyuk This helps in understanding the roots and the growth... an administrative status Over the years community leaders have lobbied the state to form a separate Sabaot unit, to join other Kalenjin units in the Rift Valley Province and to obtain land for agricultural expansion through the conversion of forest land and the acquisition of European land Nevertheless, the Sabaot District has remained in Western Province, where the Sabaot constitute a minority The creation... Concepts of governance are also evolving Governments are more willing to reach beyond their own corridors to recognise the legitimate roles of civil society and local-level institutions in making decisions on land use and ownership At the same time, there are an increasing number of voices who believe they have a right to be heard in defining land policy or influencing its implementation, including well-networked... process and the roles of different actors in each interface, and explores sustainability indicators in the planning process to gain insights into the nature of policy-making concerning land Magigi systematically analyses the status of land and changes of tenure and explores the historical transition of urban planning process dynamics in Tanzania The chapter outlines policy challenges of the new participatory . most of Africa s prominent land experts, including some of the authors in this book. The Struggle over land in Africa is a timely and important accompaniment to the growing number of continental-level. on Land Policy in Africa, adopted by the Heads of State of Africa meeting in Sirte, Libya, in July 2009. The Framework was prepared under an initiative led by the African Union and involving. institutions in making decisions on land use and ownership. At the same time, there are an increasing number of voices who believe they have a right to be heard in defining land policy or influencing