Republic of Namibia MINISTRY OF LAND REFORM Enhancing tenure security for communities in communal areas designated for agricultural purposes Jericho Mulofwa Presentation at the “2016 World Bank Conference on Land and Poverty” The World Bank-Washington DC, March 14-18 2016

Funders of the Programme

Structure of the presentation Presentation of the core challenge Types and benefits of tenure rights on communal land. The Local Level Participatory Planning (LLPP) as a tool for identification of tenure rights in designated areas The process for securing customary tenure rights in designated areas. Conclusion

Map of Namibia showing designated areas for agricultural purposes. Land Profile of Namibia Total surface area 83 million ha 33 million ha is communal land 5 million ha of communal land is designated for agricultural purposes. 12 million ha is protected area 38 million ha is commercial agricultural land

The core challenge being addressed in the presentation Since 1997 MLR has been designating and gazetting communal areas for agricultural purposes There are community members with allocated customary land rights in areas designated for agricultural purposes. According to the Communal Land Reform Act No.5 of 2002, customary land rights within designated areas for agricultural purposes can not be registered. The Programme for Communal Land Development through LLPP has embarked on the process of zoning and de-gazetting parts of the designated areas where customary land rights are situated. This allows for the registration of the customary land rights.

Types of land tenure rights over communal land and their benefits Leasehold rights Leaseholds are allocated for commercial purposes. Leases for agricultural purposes can be allocated over large areas. Leaseholds are for a maximum period of 99 years. Leases are allocated by Communal Land Boards (CLBs). Long term leases, once surveyed, can be registered in a notarial deed and will become bankable. The Land can be sub-leased, if the lease is allocated to a community based organisation. Customary land rights Are allocated over smaller areas (<50ha) Are not for large scale commercial purposes Give security to landholders and are inheritable Provide proof of boundaries hence avoiding conflicts/land grabbing Protect rights of women & vulnerable groups Some loans need a registered customary land right Possibilities of further tradability and bankability are being investigated.

Typical example of leasehold and customary land right areas Leasehold areas

The Process used for identifying beneficiaries The Programme for Communal Land Development uses the Local Level Participatory Planning (LLPP) approach as the decision making modality, which is inclusive of all local stakeholders. LLPP is preceded by the detailed mapping of existing land rights and infrastructure in the area. Validation and adjudication of existing land rights is done within the LLPP process as well as by the Traditional Authorities and the Communal Land Boards A socio-economic survey is done to ascertain the socio economic groupings in the area after which envelopes for financial support are allocated to the different groups. In many cases groups of customary land right holders choose to form a legal entity over the common grazing areas while the areas with the actual customary land rights are de-gazetted from the designated area.

Process for securing tenure rights for communities in designated areas for agricultural purposes Description of the areas for both customary and lease hold for agricultural purposes through LLPP Preparation of draft boundary map for the areas to be designated (or area to be de-gazetted if already gazetted) Boundaries of identified areas are surveyed by the surveyor general. Preparation of government gazette. Approval by the Minister of lands and the Minister of Justice Proclamation in the government gazette

Map of Otjetjekua designated area with mapped out customary land rights.

Conclusion The paper describes how through planning initiatives at the grass root level, complex issue of overlapping customary land rights and leasehold rights can be solved. Through the same process, community based legal entities are formed which can register and manage their commonage under a group leasehold right while safeguarding their individual customary land rights. The formed groups are supported with basic farming infrastructure (fences, water, etc.), which they can further develop to commercialise their land based production. They furthermore receive farmer support services and assistance in the management of the formed group.

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