Presentation on theme: "REINFORCING THE LAND RIGHTS OF SMALL FARMERS IN CONFLICT ZONES: The Case of North Kivu (DRC) YAOUNDE, SEPT 2010. AAP DRC. 10/11/2014Presentation AAP, Yaounde."— Presentation transcript:
REINFORCING THE LAND RIGHTS OF SMALL FARMERS IN CONFLICT ZONES: The Case of North Kivu (DRC) YAOUNDE, SEPT AAP DRC. 10/11/2014Presentation AAP, Yaounde Sept 2010.
The Context of North Kivu Access 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. 10/11/2014Presentation AAP, Yaounde Sept 2010.
Types 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 10/11/2014Presentation AAP, Yaounde Sept 2010.
Major causes of land conflict Sale 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; 10/11/2014Presentation AAP, Yaounde Sept 2010.
Resolution of land disputes through the 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. 10/11/2014Presentation AAP, Yaounde Sept 2010.
AAP experience Conflict prevention (Youth Peace Forum); Conflict resolution (Core Issues of the Land Conflicts Resolution); Upgrading skills; Information sessions; Discussion sessions; Contribution to plaintiffs for legislative reform Etc. 10/11/2014Presentation AAP, Yaounde Sept 2010.
10/11/2014Presentation AAP, Yaounde Sept Basic structure No. of land conflicts identified No. of land conflicts resolved No. of land conflicts not yet resolved Observations NRCF Kalinga32248 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 NRCF Bweremana16511 NRCF Bishange963 NRCF Kibabi312 NRCF Bishusha NRCF Nyamitaba1046 NRCF Kitshanga150 NRCF Bukombo NRCF Ngesha23158 NRCF Buabo532 NRCF Rubaya440 NRCF Nyabiondo1028 NRCF LukopfuXx NRCF BuguriXx NRCF KaniiXx Chefferie Bashu/Beni Total Results on the ground: statistics
Challenges 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. 10/11/2014Presentation AAP, Yaounde Sept 2010.
Towards the protection of the land 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 10/11/2014Presentation AAP, Yaounde Sept 2010.
Actions to be initiated in a multi-player 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. 10/11/2014Presentation AAP, Yaounde Sept 2010.