18 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Land and property disputes impeding return and reintegration Oumar Sylla

A survey conducted by UNHCR in 2009 in IDP camps in North of land laws, land in North Kivu shows that access to land is the second factor after security and the majority of the country is managed and transferred on the basis which prevents people from returning to their zone of origin. of customary law, while the state only On 17 February 2010, UNHCR, during this period of pacification.2 recognises land certificates issued and DRC signed the Many land conflicts result from by the property administration Tripartite Agreement1 for the claims for the right to restitution office. The registration procedure reciprocal repatriation of refugees after a long absence during which has enabled better informed groups between Rwanda and DRC. It has land has been transformed into to go to the land administration raised concerns, however, regarding pasture or farming land, or simply authorities to register plots whilst the land conflicts which had already taken over for habitation. the former occupants are displaced. reached alarming proportions in and territories Another cause of conflict is Finally, the involvement of the and their place in the overall the acquisition of land by very military, often former members peace process in . large landowners. In Masisi and of rebel groups, is a growing phenomenon in Rutshuru and Masisi territories. A significant number of land concessions are under the control of former members

UN-HABITAT 2010 UN-HABITAT of militias who are now integrated into the regular army. The local populations often dispute these acquisitions which seem to them to go against both legal and customary principles.

Existing strategies With the resurgence of land conflicts, UN-HABITAT, in partnership with UNHCR, has been implementing a programme to prevent and mediate land conflicts in the context of return and reintegration since May 2009. The aim is to offer communities alternative Community members with land problems looking for assistance, Kitshanga, Masisi territory methods to resolve conflicts while the legal system is still paralysed by years According to local communities, Rutshuru territories, land has been of war or simply inaccessible to the massive return of refugees will acquired by influential people rural populations, especially in fuel competition for land access. during these periods of crisis on the areas of return. In North Kivu, In post-conflict situations, access the basis of sometimes dubious for example, more than ten local to land becomes a determining procedures. These new owners are organisations working to prevent factor for cohabitation between often challenged by both IDPs and land conflict have come together in communities and, above all, for the local populations who find these a coordination framework under the rebuilding of a community, and the acquisitions unjust, and this often authority of the provincial ministry emergence of land-related conflicts turns into violent confrontation responsible for property matters. A is understandable in such a context. or provokes arbitrary arrests. land mediation centre has been set In North Kivu, conflict over land – up by UN-HABITAT in Kitshanga often linked to ethnicity – is a very Another source of conflict lies in town in Masisi territory. Centre staff old phenomenon. The varied nature the contradiction between law offer training and information on of the current land conflicts tells and tradition in respect of land land ownership issues with a view us much about the land at stake management. Despite the existence to preventing land conflicts but also DEMOCRATIC REPUBLIC OF CONGO 19 FMR 36

provide mediation at the request Strategy,3 particularly in its Return Government of DRC through its of the different parties involved and Reintegration component, is Stabilization and Reconstruction when the traditional leaders and a first step towards making the Plan in Conflict-Affected Areas of other community bodies are out international community aware of Eastern DRC (STAREC) may well of their depth in a land conflict. the importance of the land question provide a framework for a coherent The strategy focuses on providing in the process of reconstruction and coordinated approach to the land-conflict mediation teams with and bringing peace to the areas land problem. Such an approach a certain degree of mobility and affected by armed conflicts. would also have the advantage flexibility, alongside activities to of leading to the national and strengthen capacity of, for example, The principal Congolese land law provincial authorities taking a traditional leaders and local dates from 1973 and no longer degree of ownership of the issue. organisations in the prevention corresponds to the socio-political and resolution of land conflicts. realities of the country. Besides, it To take this concern into account has never been applied effectively more fully, a Land Coordination Other international organisations such in rural areas, generally due to Group has been set up under the as the Norwegian Refugee Council poor knowledge of the law or its management of the provincial Land and local organisations are also inability to be adapted locally. It Ministry in North Kivu to provide investing in land-conflict resolution needs to be reassessed during this a framework for dialogue and by means of local reconciliation and post-conflict period. For example, harmonisation between the various legal aid mechanisms. this law offers no perspective on parties working on the land issue, possible harmonisation between using an integrated and cross-cutting Weakness of the means available traditional customs and the law, approach. The group consists of With the signing of the Tripartite while the traditional leaders state bodies (provincial ministries Agreement disquiet is growing still play a significant role in which have dealings with land and in relation to the repatriation of the management of land and property) and non-state bodies, 53,000 Congolese people who have the settlement of land disputes both national and international. It been living in camps in Rwanda. within their communities. Land interacts with Clusters working on Feelings of hostility are already management is still centralised in a humanitarian issues and the recovery rising in the territories of North Kivu land administration which is almost of communities, specifically the with the community’s rejection of non-existent in rural areas where Protection Cluster which is under these refugees, considered by some the returning populations need the lead of UNHCR, the Return and traditional leaders to be mainly non- assistance to secure their land rights Community Reintegration Cluster Congolese. Furthermore, some UN or simply to re-establish themselves. and the Shelter Working Group, with agencies, including UN-HABITAT an exchange of information and and UNHCR, have been accused A lasting political solution to the initiatives concerning human rights of having a ‘hidden agenda’ of land problem would require an violations. facilitating the implantation of integrated approach based on the Rwandans in Congolese territory. link between land and the law Effective prevention and resolution The repatriation movement thus concerning displaced persons and of land conflicts in the east of DRC risks running up against the land refugees. To date, international legal remain subject to the existence of problem with the chance of refusal to instruments governing the rights political will. In the forthcoming return or provide access to the land of displaced persons in the whole land reform, the Government of on the basis of ethnic considerations. Great Lakes region have still not been DRC should seek to integrate the Despite warnings given by the applied to ensure the development land problems which are specific to international community, the of policies and legal frameworks to displaced persons and refugees with provincial government tends to deal coherently with the legal rights the peace process in the east of DRC downplay the issue on the grounds of displaced persons and refugees. and in particular its links with its that “the land belongs to the state”. What is necessary is to strengthen neighbours. A framework for regional the capacities of the political and cooperation is more necessary than Agencies who invest in the administrative authorities with a ever for the development of a shared prevention of land conflicts and the view to promoting an environment land policy vision in accordance promotion of good land governance favourable to the development of a with the Stability Pact for the Great do not provide sufficiently for land policy and a legal framework Lakes.4 These initiatives will also access to resources to deal with the which would offer lasting solutions require greater involvement of many land conflicts which emerge to the land problem for successful the international community. in the return areas. Despite a plea returns and reintegration. by UN-HABITAT to recognise the Oumar Sylla (oumar.sylla@unhabitat. importance of the land problem in Concerted and coordinated action org) is Head of Eastern office for UN- the peace process and economic The many initiatives under way HABITAT in DRC (www.unhabitat.org). recovery, we still see poor to prevent and resolve land 1. http://www.provincenordkivu.org/doc6/refugies_ commitment by the international conflicts require harmonisation rwandais_vivant_rdc.pdf (French) community, especially donors, to the and coordination in order to 2. UN-HABITAT recorded more than 300 land conflicts between September and December 2009 in Masisi and land sector. However, the inclusion prevent setbacks while community Rutshuru territories. of land issues in the International social cohesion is still fragile. The 3. http://tinyurl.com/DRC-ISSSS Security and Stabilisation Support strategies implemented by the 4. http://www.icglr.org/icglr-pacte.php