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Country Profiles of Land Tenure: Africa, 1996

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Country Profiles of Land Tenure: Africa, 1996 No. 130 December 1998 Country Profiles of Land Tenure: Africa, 1996 John W. Bruce i COUNTRY PROFILES OF LAND TENURE: AFRICA, 1996 coordinated by John W. Bruce All views, interpretations, recommendations, and conclusions expressed in this paper are those of the authors and not necessarily those of the supporting or cooperating institutions. LTC Research Paper 130 Land Tenure Center University of Wisconsin–Madison December 1998 ii Copyright © 1998 by John W. Bruce. All rights reserved. Readers may make verbatim copies of this document for noncommercial purposes by any means, provided that this copyright notice appears on all such copies. ISBN 0-934519-79-X iii TABLE OF CONTENTS Page PREFACE v Section 1 LAND TENURE COUNTRY PROFILES, WEST AFRICA, 1996 1 Synthesis of trends and issues raised by land tenure country profiles of West African countries, 1996 2 Benin country profile 19 Burkina Faso country profile 24 Cameroon country profile 31 Cape Verde country profile 38 Central African Republic country profile 41 Chad country profile 46 Congo country profile 52 Gabon country profile 58 Gambia country profile 63 Ghana country profile 68 Guinea bissau country profile 74 Ivory coast country profile 78 Liberia country profile 83 Mali country profile 88 Mauritania country profile 95 Niger country profile 102 Nigeria country profile 110 Senegal country profile 116 Sierra leone country profile 122 Togo country profile 126 Zaire country profile 131 Section 2 LAND TENURE COUNTRY PROFILES, GREATER HORN OF AFRICA, 1996 137 Synthesis of trends and issues raised by land tenure country profiles of Greater Horn of Africa countries, 1996 138 Burundi country profile 149 Comoros country profile 155 Djibouti country profile 160 Eritrea country profile 164 Ethiopia country profile 169 Kenya country profile 175 Rwanda country profile 181 Somalia country profile 187 Sudan country profile 192 Uganda country profile 197 Section 3 LAND TENURE COUNTRY PROFILES, SOUTHERN AFRICA, 1996 201 Synthesis of trends and issues raised by land tenure country profiles of Southern African countries, 1996 202 Angola country profile 209 Botswana country profile 213 Lesotho country profile 218 iv Madagascar country profile 223 Malawi country profile 230 Mozambique country profile 238 Namibia country profile 247 South Africa country profile 253 Swaziland country profile 261 Tanzania country profile 266 Zambia country profile 270 Zimbabwe country profile 276 v PREFACE The Land Tenure Country Profiles presented here are a new edition of a continent-wide set of profiles prepared and published by the Land Tenure Center a decade ago, in 1986. The brevity of the profiles and their standardized organization across countries had made them a useful reference for a generation of development specialists. A few key references were noted at the conclusion of each profile. The new profiles reflect a decade of intensive work on the continent by LTC, and a very considerable deepening of LTC’s knowledge and understanding of land tenure issues in Africa. They take account of the events of the past ten years, which have been substantial in many of the countries covered. Land tenure continues to be a volatile policy domain. In addition, the standard topics treated have been revised to take into account new development concerns; those now covered, however briefly, are: National land policy and legal framework Replacement and adaptation of indigenous tenure systems Tenure constraints and opportunities Economic growth and food security strategies Agricultural development Natural resource management and conservation Democratization and governance Gender dimensions Present policy position and reform debates Implications for policy reform and programming The 1986 profiles appeared as a single volume, “African Land Tenure Country Profiles,” in the LTC Papers series, with a single continent-wide synthesis of the state of land tenure. This was revealing in some ways, but obscured significant regional characteristics of policy debates and trends in law reform. This time, three regional syntheses have been prepared, for West Africa, the Greater Horn of Africa, and Southern Africa. The profiles are a project of the Land Tenure Center’s Access II Project with AID’s Global Bureau and Africa Bureau, and the Center gratefully acknowledges both AID’s support and the substantive contributions of Dr. Pamela Stanbury, Access II Project Manager. Six LTC research assistants compiled most of the West Africa tranche of these profiles and contributed to the synthesis: Rebecca Furth, Mary Hobbs, Anna Knox, Stephen Leisz, Michael Williams, and Kevin Bohrer. Four LTC research assistants worked on the East African tranche and contributed to the synthesis: Jyoti Subramanian, Anna Knox, Stephen Leisz, and Kevin Bohrer. Deutsche Gessellschaft für Techniche Zusammenarbeit (GTZ) provided supplementary funding to allow drafts of these Horn of Africa profiles and the regional synthesis paper to be completed and circulated for comments at a Subregional Workshop on Land Tenure Issues in Natural Resource Management, Addis Ababa, 11–15 March 1996. The profiles benefited greatly from the suggestions of participants who commented on the drafts. Finally, five LTC research assistants compiled most of the Southern Africa tranche of these profiles and contributed to the synthesis: Eva Jensen, Scott Kloeck-Jenson, Anna Knox, Jyoti Subramanian, and Michael Williams. vi The work of these LTC research assistants was performed under tight time constraints, their commitment and efficiency were exemplary, and their insights were valuable. In addition, thanks are due to Jane Dennis for her thorough work on preparation of the manuscripts. John W. Bruce Profiles Coordinator 1 SECTION 1 LAND TENURE COUNTRY PROFILES, WEST AFRICA, 1996 by Kent Elbow, Kevin Bohrer, Rebecca Furth, Mary Hobbs, Anna Knox, Stephen Leisz, Michael Williams 2 SYNTHESIS OF TRENDS AND ISSUES RAISED BY LAND TENURE COUNTRY PROFILES OF WEST AFRICAN COUNTRIES, 1996 by Kent Elbow, Rebecca Furth, Anna Knox Kevin Bohrer, Mary Hobbs, Stephen Leisz, Michael Williams Executive summary The present report is a regional synthesis completed as a component of the Land Tenure Center’s “Africa Land Tenure Profiles” project undertaken at the request of USAID. The tenure profiles project divides sub-Saharan Africa into three regions: the Greater Horn, Southern Africa, and West Africa. West Africa, as defined within the context of this project, includes a region bordered by the Sahelian states to the north, the West African coast (though Cape Verde, an island nation off the coast, is included), and the Central African states of Gabon, the Congo, Zaire, and the Central African Republic, stretching far to the south and east and occupying a space that is generally not considered to be a part of West Africa. This vast zone features dramatic and countless variations in climate, environment, ethnicity, cultural expressions, and social institutions. The region includes 22 countries, 15 of which are commonly classified as Francophone, 5 as Anglophone, and 2 as Lusophone. One might note as well that two tiny countries of West Africa—Equatorial Guinea and São Tomé and Principe—are not included among the countries profiled. Policy and legal framework Contrary to what one might expect given a group of 22 countries of nearly unimagineable ethnic, linguistic, geographic, and climatic diversity, one can speak relatively easily of dominant policy trends across vast sections of this grouping and even, in general terms, of policy trends common throughout the greater region. This is mostly explained by the fact that all localities within the region have for over a century been subjected to nonlocal legal regimes that departed fundamentally from the still generally dominant customary systems of tenure and natural resource management. The legacy of dual tenure systems—statutory and customary—has continued into the era of independence and to the present day. Although there is a real distinction between the legal and administrative approach of the French, Belgian, and Portuguese colonizers as compared to the Anglo-Saxons, as well as a diversity of postindependent legal experimentation regarding land tenure and natural resource management policies, the fundamental duality that has long characterized tenure and resource management remains a defining characteristic of current regimes throughout the region. 3 TABLE 1.1 Land and population (millions of hectares and millions of persons) ARABLE AND LAND AREA PERMANENT PERMANENT OTHER LAND TOTAL AGRICULTURAL COUNTRY CULTIVATION PASTURE POPULATION POPULATION Benin 11. 1.9 (17%) .44 (4%) 5.3 (48%) 5.2 3. (58%) Burkina Faso 27. 3.6 (13%) 6. (22%) 4. (15%) 10. 8.4 (84%) Cameroon 47. 7. (15%) 2. (4%) 1.7 (4%) 12.9 7.4 (57%) Cape Verde .4 .05 (13%) .025 (6%) .3 (75%) .38 .15 (39%) Central African Republic 62. 2. (3%) 3. (5%) 10.6 (17%) 3.2 1.9 (59%) Chad 126. 3.3 (3%) 45. (35%) 45.2 (35%) 6.1 4.4 (72%) Congo 34. .18 (.5%) 10. (29%) 2.9 (9%) 2.5 1.5 (60%) Gabon 27. .5 (2%) 4.7 (17%) .7 (3%) 1. .86 (86%) Gambia 1.1 .2 (18%) .9 (8%) .5 (.5%) 1.3 .82 (63%) Ghana 23.9 4.3 (18%) 5. (20%) 5.5 (4%) 16.9 8. (47%) Guinea 24.6 .7 (3%) 5.5 (22%) 3.9 (16%) 6.5 4.6 (70%) Guinea Bissau 3.6 .34 (9%) 1.1 (31%) .3 (8%) 1.1 .81 (74%) Ivory Coast 32. 3.7 (12%) 13. (41%) 8. (25%) 13.8 7.1 (51%) Liberia 9.8 .38 (4%) 5.8 (59%) 1.9 (19%) 2.9 2. (70%) Mali 124. 2.5 (2%) 30. (24%) 82.6 (67%) 10.5 8.2 (78%) Mauritania 103. .21 (.2%) 39.2 (38%) 58.7 (57%) 2.2 1.4 (64%) Niger 127. 3.6 (.3%) 8.9 (7%) 112. (88%) 8.8 7.6 (86%) Nigeria 91. 32.4 (36%) 40. (44%) 7.4 (8%) 108. 68.7 (63%) Senegal 19. 2.4 (13%) 3.1 (16%) 3.4 (18%) 8.1 6.3 (78%) Sierra Leone 7.2 .54 (8%) 2.2 (31%) 2.4 (33%) 4.4 2.6 (59%) Togo 5.4 2.4 (44%) .2 (4%) 1.9 (35%) 4.
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