Landgrab in North-Kivu Province of D R Congo: The real situation and its consequences on small-scale farmer. DRAFT REPORT Simplex Kambale Malembe Goma, Democratic Republic of Congo May 2011. 1 | P a g e REPORT OF THE STUDY ON LANDGRABBING AND ITS IMPLICATIONS FOR SMALL-SCALE FARMERS IN THE NORTH-KIVU PROVINCE. WORK PLAN AND TABLE OF CONTENTS: 0. Word from the consultant. I. General Introduction. II. Presentation of the North Kivu province. 1. Administrative presentation. 2. Presentation of the land administration plan. III. As concerns the occupation of rural land in North Kivu. 1. List of plantations in North Kivu. 2. List of farms in Nord Kivu. 3. Some comments. IV. Farms and plantations having belonged to CNKI blocks. V. Problem of parcs and reserves in North Kivu province. VI. Big land negotiations in the last ten years. VII. Summary of motivations of actors behind the land grabbing. VIII. Land law in DRC and its implications on farm land in North Kivu province. 1. The position of the two land management systemse. 2. The law on fundamental principles of agriculturep. 3. Law relating to relationship between customary chiefs and agricultural producers in North Kivuu. 4. Characterisitics of land system in force. 5. Developping practices and customs. 6. Patial Conclusion. IX. Initiatives at the regional, national and international level. X. Some cases of farmer struggle which could serve as examples. XI. Some reccomendations and strategiy elements to various leaders of EAFF. XII.Some business models for the farmer organizations and other actors. List of abbreviations. 2 | P a g e 0. WORD FROM THE CONSULTANT: The report comes after several months of contract signing, which was practically achieved in October 2010. This delay is due mainly to several facts; the time taken for the tryearsfer of the funds for work came a little later, basically at the beginning of 2011, when the consultant had already taken other engagements with other partners in the first quarter of the year. Then, continuing insecurity in some parts of the province resulted in, the repeated postponement of the task of collecting reliable data. At the stage of producing this report, we sincerely thank the leaders of EAFF for the trust and confidence they have had in us and above all the patience they have shown in the production of this report. The province of North Kivu is not only large (larger than RWANDA and BURUNDI put together). This also reflects not only the difficropies in covering this large area but also and above all the different realities in the region. We also thank all our investigators/researchers deployed on ground, where, for reasons of strategy, the consultant could not make to due to security factors. Their courage and determination were great lessons of patriotism and selflessness for us. Our special thanks go to Mr. PALUKU MIVIMBA, the president of the FOPAC and member of the Board of Directors of EAFF, who has given us moral support, sometimes in difficrop times that almost discouraged us. It would be ungrateful to ignore the work and the availability of tribal chiefs, heads of different departments (land titles, land registry, mining services…). We remain grateful for the qualities of information given to us despite the difficrop context in which many of them work in. They are real fighters. The farmer declarations and availability are evidence that the phenomenon of land grabbing is a reality in North Kivu province despite attempts of falsification/trickery by other actors. We truly appreciated, any information they have given us throughout our investigations. Finally, for the logistics service that the "FAT / Great Lakes" Forum des Amis de la Terre - Forum of Friends of Land, we can only thank all the leaders of this organization, the CEO who has edited this report. This work is a first in its essence and its ambitions on the issue in North Kivu province. As such it must have imperfections that would take of some value to many readers. We are aware of this. Indeed, census work, for identification and production of a strategy proposal for reclaiming land rights is not an easy task. We must also bring into fore the contextual, security and administrative difficropy which was an obstacle in accessing all the data that would have enabled us to respond to the expectations of all. It was a must for us to dare. This is what is important. It is here then that we must also thank the leaders of EAFF for having dared and sustained the initiative. The land issue is one of the most sensitive issues in the province of North Kivu. We lived this reality during our investigations with statements et and sometimes reservations and resistances we met from our respondents. This investigation opens a new field of research action for practitioners and scientists from all sides. It therefore suffers the fate of pioneer. The innocent martyr. Martyr due to its imperfection, but also a martyr by what it dared, daring to tackle a theme which many 3 | P a g e actors/players would have rather left it silent in the context of the province of North Kivu. We also recognize this. This draft will go through the process of developing into a final report as agreed in the contract of service and as such, it is likely to undergo amendments according to the observations of one or the other starting with the sponsors, that is, EAFF, the main actors involved, that is the small-scale producers and other actors contacted like traditional leaders, heads of services/departments and large-scale farmers contacted. SIMPLEX KAMBALE MALEMBE CONSULTANT. I. GENERAL INTRODUCTION. It is in executing the service contract signed between the consultant on the one hand and the Farmers' Federation EAFF, that a study on land grabbing and its implications for small-scale farmers in the province of North Kivu was conducted. This study, done in several phases eventually spread over 5 of the 6 territories of North Kivu province; for security reasons, we could not access the territory of WALIKALE. The major concern of EAFF, in sponsoring this study can be summarized as follows: To have as much as possible detailed information that will enable it to position itself well as regards the phenomenon of massive land acquisition in North-Kivu province. To highlight/identify elements for advocacy at the national, regional and international level that favour the small-scale producer in North-Kivu province in order to safeguard his rights against land grabbing. So, it was for the consultant and his team to collect information around the following points: Identify literature on land grab in the region. Analyze the legal framework (land law) and lthe local practices on land management in relation to their implication on the small-scale producer. Analyze the motivations of the authors of land grabbing and identify cases that have already taken place and those that are ongoing. 4 | P a g e Highlight the implications of this phenomenon of land grabbing on the small-scale producer. Identify attempts and forms of « resistance » or actions undertaken by the small-scale producers to defend and protect their rights as concerns this phenomenon. To give recommendations and strategies to be implemented by EAFF in order to protect the rights of small producers in the province. The study took place for a period of three months and had the following main steps: The collection and exploitation of necessary documentation. Training of investigators/researchers on the field work. Field work: this was done twice. The first time, in the month of December 2010 and the second time in march 2011. The field work was coordinated by the consultant who supervised the investigators (Beni, Lubero and Rutshuru territories). Data compilation and comparison with the different documents available to us. Preparation of the first draft of the report. The report comprises three main parts except the introduction and conclusion. These are: 1. Presentation of the North-Kivu province. 2. Issues related to the land grabbing. 3. The sutuation of the land grabbing phenomenon. 4. Some explanation of the phenomenon. 5. Recommendations and possible farmer strategies for the protection and defense of the smale-scale producers’ interests. 6. The difficropies/challenges encountered and strategies to overcome them. II. PRESENTATION OF THE NORTH KIVU PROVINCE. A. ADMINISTRATIVE PRESENTATION. 1.1. Area: 59631 Km2. 1.2. Administrative subdivision: 6 territories, 3 towns, 10 urban communes, 17 chiefdoms, 97 groupings, 52 quartiers and 5 cities. - Towns: Goma, Butembo and Beni. - Territories: Beni, Lubero, Rutshuru, Masisi, Walikale and Nyiragongo. 1.3. Population estimate: 7.600.000 people as of 2010. 1.4. Density: about 130 inhabitants per Km2. 1.5. Density of arable land: more than 300 inhabitants per Km2. 1.6.Limits : - North: Western Province. - South: South Kivu Province. - West: Rwanda and Uganda. - West: Maniema Province. The following tables give details on administrative sub-divisions: sources: North Kivu Monographe. 5 | P a g e Table n° 1 . Goma town: Headquaters of the province. Communes. Area. (Km2) Population density. Locality. GOMA 33,45 2.860,6 1. Katindo 2. Keshero 3. Volcan 4. Mikeno 5. Lac Vert 6. Mont Goma. KARISIMBI 42,27 2.203 1. Kahembe 2. Katoyi 3. Majengo 4. Mabanga 5. Murara 6. Ndosho 7. Mugunga Table n° 2 : Butembo town : Communes. Area. (Km2) Density Locality BULENGERA 55,18 1. Mutiri 2. Kimbulu 3. Mukuna 4. Kamesi Mgoodzo 5. Rughenda 6. Kyaghala 7. Wayene 8. Kalemire KIMEMI 42,25 1. Commercial 2. Biondi 3. Lumumba 4. Bwinyole 5. Vutetse. 6. Ngengere. 7. Vutsundo 8. Malende MUSUSA 40,3 1. Vungi 2. Kitulu 3.