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Land, Development and Conflict in the Great Lakes Region

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Land, Development and Conflict in the Great Lakes Region December 2017 Land, development and conflicts in the Great Lakes For a renewed engagement by the EU and Switzerland in land governance in Rwanda, Burundi and the DRC Table of contents Table of contents 3 Part II 27 Part III 53 Executive Summary Land tenure in the Great Lakes: Evaluation two opposing visions 27 and recommendations 53 Introduction 9 Rwanda 28 Concerning the EU’s vision Objectives and methodology 10 and commitment in the field Land management from of land tenure 53 Objectives of this study 10 independence until the 1980s 28 In general 54 Methodology and limitations 10 Restructuring the legal framework To the French Development after the genocide 29 Agency, regarding The 2005 Organic Law the implementation Part I 12 and the Crop Intensification of the Voluntary Guidelines 54 Programme 30 Regarding interventions Land Governance 12 Land conflicts in Rwanda into land tenure by the EU Land conflicts 14 and resolution mechanisms 33 and Member States 55 Land grabbing: land returns Conflict resolution Regarding interventions to the heart of the development mechanisms 34 in Rwanda 55 agenda 15 Involvement from the EU Regarding interventions and Member States 35 by the EU delegation to Rwanda, Inequalities in access to land by DEVCO, SIDA and the Dutch for forest peoples and peasant The Democratic Republic development cooperation 55 women 17 of the Congo 36 Regarding the political Forest peoples: from legal dialogue of the EU delegation The legislative framework to Kigali on land issues 55 marginalisation to de facto and its shortcomings 36 inequality 17 Regarding DFID support Customary law and state law 37 for the land securitisation Peasant women programme 55 and land tenure: when norms The reform process institutionalise inequality 18 for the 1973 law 38 Regarding interventions Land grabbing 39 in the DRC 56 The EU’s responsibility Regarding interventions for sustainable and equitable Civil society initiatives 41 by the EU delegation land management 19 Interventions by the EU to the DRC and DEVCO 56 The origins of the consideration and Switzerland 43 Regarding interventions by the SDC in the DRC 56 by Member States Burundi 44 and the European Union Regarding interventions of land tenure in developing Land management: in Burundi 57 countries 19 conflicts and population Regarding interventions movements 44 The EU and France’s by the SDC in Burundi 57 commitment to the Voluntary Lack of consensus on CNTB Regarding interventions Guidelines and the sustainable and refugee land 46 by the EU delegation, management of land tenure Challenges of the land tenure DEVCO and GIZ in Burundi 57 systems 21 security programme 47 Regarding women’s rights to access land 58 The EU’s actions for the Land reform partners: initiatives sustainable management and stalemates 50 of land tenure systems 21 France’s commitment Swiss cooperation List of Abbreviations 60 to the Voluntary Guidelines 23 and the European Unione 50 The EU and land tenure: Civil society in Burundi 51 contradictions and limits 23 Cover photo: Onion field in the Mplangu valley, Mbanza-Ngungu. Credit: FAO (Bruno Kitaka) 2 LAND, DEVELOPMENT AND CONFLICTS IN THE GREAT LAKES Executive Summary Land tenure: a crucial issue for Africa tably so that these countries can access and the Great Lakes Region the financing from international donors The governance of systems of land ac- needed to implement their agricultural cess remains a central issue in the de- investment plans, though there are sig- bate on the development of the African nificant differences at national level. continent. Given that agriculture is the primary source of income for most Afri- Rwanda has moved towards a land can citizens, land governance remains a policy that aims to support a growing contentious issue. Indeed, the legacy of market-oriented approach to agricul- colonisation on the continent has had a ture. The Rwandan model, strongly sup- strong impact on how people can access ported by the United Kingdom (Depart- and use land. Contemporary land man- ment For International Development, agement systems are often the result DFID), the European Union, Sweden of a mixture of the systems inherited and the Netherlands, aims to relegate from colonialism and the norms that customary management patterns to the governed access to land in traditional past by centralising land ownership and pre-colonial customs. Even today, a management in the hands of the state. significant number of Africans still live The Land Tenure Regularisation Pro- and work on land managed according gramme in Rwanda has now provided to customary practices. Thevariety of 99% of land tenure users with a formal tenure systems creates significant con- lease title for their land. This impressive straints because, if not properly man- result is not free of errors. In particular, aged, it creates land insecurity that can the programme has failed to address lead to conflict. However, customary the lack of access to land for the most tenure often also offers opportunities vulnerable groups. The system in place, which may bolster local and commu- one of the most efficient and compre- nity dynamics. That said, the economic hensive on the continent, also suffers development models favoured by gov- from a lack of monitoring and updating: ernments and donors are also likely to a limited number of users contribute to affect land management patterns. updating the programme by communi- cating changes in the use or ownership Two major development models for of their land. The system remains too the agricultural sector are fighting over complicated, and often too costly, for a whether and how agriculture can meet large part of the population. In addition, the growing demand for food and func- the 2005 Land Law establishes a clear tion as an engine of pro-poor economic link between land use and development, development. The first model, inspired while adding additional pressures for by neoliberal thinking, supports maxi- small-scale farmers who either do not mum growth through the professionali- produce enough, are unable to fit into sation of agriculture. The second model the State’s agricultural modernisation supports peasant and family farming, programmes, or who do not have the operating on small farms. The position means to maintain their land according of the countries in the Great Lakes re- to the productivity criteria set by the gion in this debate is reflected in their government. agricultural policies. These are generally in line with the neoliberal model, no- FOR A RENEWED ENGAGEMENT BY THE EU AND SWITZERLAND IN LAND GOVERNANCE IN RWANDA, BURUNDI AND THE DRC 3. Meanwhile there are land tenure prob- of Congolese civil society. This legal lems that land securitisation has not uncertainty has often resulted in abuses been able to address, such as conflicts of power by local elites, as well as land involving women, for whom the right to grabbing, to the detriment of classes of inheritance has now been recognised, people with fewer means and networks. and conflicts linked to population movements due to internal violence in In the DRC, given the deadlock in the the country. reform process, it is often civil society that has undertaken initiatives to re- In the DRC, land is governed by a duce land insecurity. This is the case number of legal provisions regulating for civil society in North Kivu, which various sectors: the agricultural code, has produced a set of specifications for the mining code, the urban planning land reform addressed to national pol- code, and of course the 1973 land law. icy makers in Kinshasa. In South Kivu, All of the above contribute to land the NGO IFDP, together with its local management, and this can sometimes partners and the support of interna- lead to confusion and conflict. How- tional NGOs, has set up foundational ever, it is the land law that remains the programmes to secure land rights. basis of land management. The fun- damental principle supported by this In Burundi, the majority of the popula- law is the exclusive state ownership of tion’s dependence on agriculture to sur- land in the DRC. The aim here is to put vive makes land tenure a crucial issue. an end to the duality in land manage- In addition, the scarcity of land and high ment systems that exist between state population growth make land disputes law and customary law, which is itself the most common cause for litigation. characterised by a variety of land access Both formal and informal mechanisms systems. However, the law lacks an im- for resolving these conflicts suffer from portant component: the management a lack of coordination and coherence, as and securitisation of these customary well as from a very high level of politi- rights, which govern almost 90% of cisation, which makes it impossible to the country’s land. This legislative void envisage efficient and sustainable ways raises serious concerns of insecurity of responding to these conflicts. Land amongst the rural population, and disputes have been exacerbated since especially amongst farmers who find the beginning of the last decade by the themselves having to claim the right to gradual return of refugees and displaced use their plots of land in the absence persons who left the country following of documentation proving their rights the political and ethnic conflicts of 1972 officially. and the civil war of 1993. The National Commission on Land and Other Prop- As a result of the numerous flaws in erty (Commission nationale des terres the land law and the many criticisms et autres biens or CNTB), in accordance that have been levelled at it, particularly with the Arusha Accords of 2000, was those concerning the growing number intended to resolve this issue in a spirit of land disputes, the President of the of equal treatment, promoting reconcil- Republic began a process to reform the iation.
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