REINFORCING THE LAND REINFORCING THE LAND RIGHTS OF SMALL RIGHTS OF SMALL

FARMERS IN CONFLICT FARMERS IN CONFLICT ZONES: ZONES:

The Case of North Kivu The Case of North Kivu (DRC)(DRC)

YAOUNDE , SEPT 2010.AAP DRC.

04/11/23Presentation AAP, Yaounde Sept 2010.

The Context of North KivuThe Context of North KivuAccess to the land, the armed conflict

factor; Democratic and commercial pressure

on the land; Displacement of populations;Expensive land title acquisition process; Poor land governance; Lax legal administration;Weakness of state authority; Absence of evidence of land rights in

writing;Post-signing period of the tripartite

RDC-HCR-RWANDA agreements.

04/11/23Presentation AAP, Yaounde Sept 2010.

Types of land conflictTypes of land conflict• Sale and transfer of exhausted land;• Occupation of land blocks and fields due to

absence;• Conflict between concessionaries and local

populations, returning and former workers;• Cascading land sales with no legal right

(cases of stellionate);• Conflict between stock and arable farmers;• Administration versus locals in the Virunga

National Park;• Reopening question of right to traditional

rent;• Conflict between warlords and displaced

populations/returning individuals

04/11/23Presentation AAP, Yaounde Sept 2010.

Major causes of land conflictMajor causes of land conflictSale and transfer of exhausted land;Occupation of land blocks and fields

following long absences;Absence of evidence in writing

about rights as claimed;Conflict between customary land

rights and the law (EC established on customary land unaware of basic rights);

Authority of customary chiefs questioned;

Unaware of land law;

04/11/23Presentation AAP, Yaounde Sept 2010.

Resolution of land disputes through Resolution of land disputes through the peace consolidation processthe peace consolidation process

Everybody aware of the positive role of the decisions made by the CFs;

Recourse to the MARCs and raising awareness;

Flexible, fast mechanisms;Mechanisms accessible more cheaply (if

not free) in a context of indescribable vulnerability;

Mechanisms adapted to the social context of the beneficiaries (tendency to make use of the ‘conference tree’);

Solutions fragile and difficult to sustain, even so.

04/11/23Presentation AAP, Yaounde Sept 2010.

AAP experienceAAP experienceConflict prevention (Youth Peace

Forum);Conflict resolution (Core Issues of

the Land Conflicts Resolution);Upgrading skills;Information sessions;Discussion sessions;Contribution to plaintiffs for

legislative reformEtc.

04/11/23Presentation AAP, Yaounde Sept 2010.

04/11/23Presentation AAP, Yaounde Sept 2010.

Map - AAP structures Map - AAP structures

04/11/23Presentation AAP, Yaounde Sept 2010.

Basic structure No. of land conflicts

identified

No. of land

conflicts resolved

No. of land

conflicts not yet

resolved

Observations

NRCF Kalinga 32 24 8 Land conflicts are mainly concerned with the illegal occupation of the land (fields), boundary disputes, crop destruction, non payment of leases, vandalisation (cases often dealt with in agreement with the police), removal of boundary markers, field succession disputes, etc. The cases of the NRCF of Lukopfu, Buguri, Kanii have not yet been reported.

NRCF Masisi Centre

19 6 13

NRCF Bweremana 16 5 11NRCF Bishange 9 6 3

NRCF Kibabi 3 1 2NRCF Bishusha 36 22 14

NRCF Nyamitaba 10 4 6NRCF Kitshanga 15 0 15NRCF Bukombo 50 28 22

NRCF Ngesha 23 15 8NRCF Buabo 5 3 2

NRCF Rubaya 4 4 0NRCF Nyabiondo 10 2 8

NRCF Lukopfu X xNRCF Buguri X x

NRCF Kanii X xChefferie

Bashu/Beni191 28 163

Total 232 120 112

Results on the ground: statistics

ChallengesChallenges

Absence of sustainable guarantees for out-of-court commitments and/or mediation;

Reticence of individuals involved in the disputes; Reticence of some customary chiefs regarding

the role of the mediation structures and other MARCs;

No alternative to land access for at-risk groups; Absence of a legal and institutional framework

governing rights of restitution and compensation for land rights;

Suspicion about a possible refugee return plan and possible involvement in facilitating land occupation by illegal immigrants;

Re-establishment of communities on which the still delicate stabilisation process depends;

Etc.

04/11/23Presentation AAP, Yaounde Sept 2010.

Towards the protection of the Towards the protection of the land rights of small farmersland rights of small farmers

Presentation of the decisions arising from alternative conflict resolution methods before a notary with a view to greater legal protection;

Codification of customary principles; Reform of so-called land law, alongside an agricultural code

in the process of development; hence the harmonisation of the entire legal system affecting the land;

Lodging pleas; The offer of counters for dealing with land issues, as in

Madagascar; Upgrading skills and a cleanup of the land administration

system; Establishing a title review commission covering property

acquired during conflict periods; Promoting decentralised land management; Urging inter-ministry coordination mechanisms for a multi-

sector approach to the land (institutional and legal); Providing legal support mechanisms (pro deo) for at-risk

peasants to protect their land rights

04/11/23Presentation AAP, Yaounde Sept 2010.

Actions to be initiated in a multi-Actions to be initiated in a multi-player environmentplayer environment

The land question activists align themselves within a common front pursuing a common cause: Land issue coordination.

Protective ministry: the provincial ministry in charge of Public Works, Infrastructure and Land Issues;

Membership: STAREC, Provincial Ministries, UN Agencies, INGOs, NNGOs, ICCN, CEPAP, finance providers;

Mission: To urge that the action procedures regarding land be

taken over by the provincial authorities; Harmonising action on the ground (Who Does What

Where?); Fine-tuning strategies for resolving and preventing land

disputes; Lodging pleas and exchanging information on land issues; Establishing a database on land disputes.

04/11/23Presentation AAP, Yaounde Sept 2010.

Questions and Questions and suggestions????suggestions????

Thank you!

Contact: aapdrc@yahoo.fr

04/11/23Presentation AAP, Yaounde Sept 2010.