Getting Agreement on Land Tenure Reform in the Real World Getting the Process Right: Zambian Case

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Getting Agreement on Land Tenure/ Reform in the
Real WorldGetting the Process Right Zambian
Case
Workshop on Land Rights for African Development
From Knowledge to Action Organized by UNDP/ILC

• Nairobi, Kenya October 31st - 3rd November 2005
• Joseph MbinjiZambia Land Alliance

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Presentation

• Brief Background
• Land Policy Review Process
• Getting the Process Right
• Policy Recommendations
• Conclusion, Challenges and Lessons Learnt

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Brief Background

• Current land policy reforms begun in 1993,
  shortly after new government
• This was at a national stakeholders conference
• The major aims included addressing the following
• Privatization of land ownership
• Inefficient land admin. and disputes resolution
• Land tenure insecurity in both customary and
  state land
• Inequitable access, ownership and control to land
  resources and
• Converting more customary land (96) to state
  land to address increasing demand for land in
  state land (6)
• Controversial Land Bill drafted and later Lands
  Act enacted in 1995

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Land Policy Review Process

• Since then, there has been heated debate and
  controversy on the draft land policy and law
• In 1999 the Ministry of Lands drafted a land
  policy document
• In 2000 Draft policy submitted to cabinet
• Draft policy approved in principle
• In 2001 Countrywide consultations after directive
  from cabinet
• Consultations focused on the appropriate scope,
  content and institutional arrangement for the
  land policy and legal framework
• Approach to involve provincial level
  consultations
• This approach did not provide for the
  participation of the poor, women, youths and
  other disadvantaged groups who largely depend on
  land for their livelihoods

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Getting the Process Right

• Civil society organizations formed the Zambia
  Land Alliance (ZLA)
• The aim of the alliance was to advocate for fair
  and pro-poor land policy and law that protect the
  interest of the marginalized
• ZLA lobbied to be in Govt. Policy Technical
  Committee
• ZLA mobilized a larger civil society group of 16
  members
• Civil society embarked on parallel process of
  consultations
• Due to limited finances the govt. process stalled
• Civil society was concerned and helped source
  funds from cooperating partners to undertake a
  joint consultation arrangement

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Getting the Process Right (2)

• Civil Society influenced approach to a broad
  based consultation process which involved the
  following
• Community level workshops and debates (women,
  youths and men)
• workshops with traditional leaders,
• meetings of representatives of various government
  and non-governmental organizations etc.
• including media programmes at both community and
  national levels
• Targeted consultations of interest groups such as
  women, youths, people with disabilities, people
  living with HIV/AIDS etc.
• Consultations facilitated by cooperating partners
  including ILC
• Approach enabled the poor people and marginalized
  groups from remote areas to participate and
  present their views
• Approach enabled participation of other key
  actors i.e. trad. leaders, reps. of CBOs, NGOs,
  farmer groups, private sector, professional
  associations etc.
• International Comparative studies on best
  practices
• National conference of stakeholders will adopt
  final draft policy

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Policy Recommendations

• Some policy recommendations to secure land rights
  include
• Current dual land tenure system to continue
• The customary tenure should be allowed to evolve
  and develop into systems that should provide
  better security of tenure and access to land for
  Zambians
• Establish registration of individual and/or
  communal rights to land such as traditional
  titles in customary areas to improve security of
  tenure and access to financial and other
  resources
• Introduce and register simple, affordable and
  secure certificate of title, to be issued by
  traditional authorities under customary tenure to
  benefit rural communities
• Establish democratic structures for land
  allocation at all levels that are easy to access
  and close to the people, for decision making with
  increased public and community level
  participation
• Raise awareness to trad. leaders and comm. on
  land policies and laws
• At least 30 percent of land available for
  distribution to be allocated to women.

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Conclusion, Challenges and Lessons Learnt

• Easy to influence from inside than parallel
  process
• Civil society alliances are effective for
  collective action and consensus building
• Joint partnerships increases transparency in
  policy cons. process
• Civil society ensures the participation of the
  poor and marginalised
• However, the pace of the review process has been
  slow (5 years now no final policy but second
  draft)
• Civil society regarded as a lesser partner in the
  process
• Inadequate political will to speed up and
  finalize the process
• Inadequate financial commitment from government
• Very few cooperating partners willing to support
  land policy reforms
• Consensus building on divergent views difficult
  especially between the traditional leaders and
  government
• Big information gap between government officials
  and communities on land policy and law
• Inadequate technical capacity by civil society to
  effectively engage in policy review process