1. LAND REFORM PROCESS IN MALAWI Paper Presented at the Decision Makers Meeting on Good Administration of Lands Windhoek, Namibia 7-8 December, 2006

2. OUTLINE INTRODUCTION HISTORICAL BACKGROUND AN OVERVIEW OF PROBLEMS IN THE LAND SECTOR IN MALAWI RATIONALE FOR THE NATIONAL LAND POLICY POLICY DEVELOPMENT PROCESS POLICY GOALS AND OBJECTIVES POLICY RECOMMENDATIONS IMPLEMENTATION STRATEGY CHALLENGES CONCLUSION

3. INTRODUCTION Majority of malawians are rural based and are largely dependent on agriculture, and therefore on land, for their livelihood. Poor access to land and tenure insecurity are critical contributing factors to food insecurity and poverty in the country There is, therefore, economic sense in handling land issues as a pre-requisite for sustainable pro-poor growth.

4. Introduction Cont’d Agriculture sector accounts for more than 35% of the country’s Gross Domestic Product (GDP) and 90% of export earnings. Smallholder agriculture employs more than 80% of the rural labour force and contributes about 30% of GDP However, smallholder agricultural productivity is still low and hampered by, among other things, poor access to factors of production, especially land and capital. Increasing smallholder agricultural productivity is therefore key to rapid and sustainable economic growth and poverty reduction in Malawi.

5. Introduction Cont’d Malawi Growth and Development Strategy which has replaced the MPRS is an overarching strategy for sustainable economic growth and poverty reduction in Malawi The Strategy has identified a number causes of poverty, the most notable being poor access to land, land tenure insecurity and poor land use.

6. Introduction Cont’d The problems of land in Malawi revolve around issues of – access – land tenure security – land use – Land governance.

7. Introduction Cont’d Government of Malawi has taken bold steps to undertake land reforms as an integral part of the agrarian reforms

8. HISTORICAL BACKGROUND Existing land distribution problems in Malawi results from factors such as : – colonial land policy (which favoured the white settler), – resource distribution policies during the one- party era (which favoured the estate sector) and – population dynamics (rapid population growth rate)

9. Historical Background cont’d Until independence in 1964, land rights in Malawi were governed by the 1902 Nyasaland Order in Council, which enshrined English Property Law as the only framework for land administration on the colony. In 1967 there was an attempt to rectify colonial land alienation through two statutes: the Registered Land Act and the Customary Land Development Act.

10. Historical Background cont’d Without a proper land policy complemented by improper implementation of the statutes, land management in Malawi became tenuous. In fact the Land Act was seen to be redundant by many policy makers who viewed it as unrepresentative of the practical realities of Malawi’s land management problems and opportunities

11. AN OVERVIEW OF PROBLEMS IN THE LAND SECTOR IN MALAWI Residual effects of colonial land policy High Population-land ratio Land scarcity in spite of idle land Provocative squatting Privatising access to customary land Mismanagement of land Encroachment (cross border and o protected areas) Uncontrolled allocation of lakeshore land

12. RATIONALE FOR THE NATIONAL LAND POLICY The problems cited above prompted Government of Malawi to develop a comprehensive national land policy that would survive the test of time in the new political dispensation.

13. National Land Policy Development Process 1996 A Presidential Commission of Inquiry on Land was instituted to undertake a broad review of land problems in the country. The Commission recommended the main principles for formulating a comprehensive land policy that will foster a more economically efficient, environmentally sustainable and socially equitable land administration and management.

14. Policy Development Process cont’d In addition, a number of studies were carried out in the Land Sector between 1996-1999 these included, among others : Public Land Utilization Study (PLUS) Estate Land Utilization Study (ELUS) Customary Land Utilization Study (CLUS)

15. Policy Development Process cont’d These studies unveiled a number of problems in the Sector which can be broadly categorised as follows: Tenure insecurity especially on Customary Land Poor Access to land especially by vulnerable groups – women, children, the aged, people with disabilities etc. Poor Land Use (idle land and environmental degradation) Poor land governance (unilateral decisions vis a vis land allocation and dispute settlement)

16. Policy Development Process cont’d Consultations – Communities – NGOs – Civil Society – Development partners – Regional and National workshops – Cabinet Approval in January, 2002

17. POLICY GOALS AND OBJECTIVES Policy Goal – To ensure tenure security and equitable access to land – To facilitate the attainment of broad based social and economic development through optimum and ecologically balanced use of land and land based resources

18. Policy Objectives promote tenure reforms that guarantee security and instill confidence and fairness in all land transactions to promote decentralized and transparent land administration to extend land use planning strategies to all urban and rural areas to establish a modern land registration system for delivering land services to all to enhance conservation and community management for local resources to promote research and capacity building in land surveying and land management

19. Policy Recommendations Categorization of land tenure into – Government Land, Public land and Private land Promotion of equitable access to land and security of tenure Regulated land access by non-citizens Extension of land use planning and registration to the entire country Promotion of democratic and transparent land administration and dispute settlement Recognition of cross-cutting and inter-sectoral issues such as gender, environment and HIV/AIDS

20. Implementation Strategy The framework for achieving the goals of the National Land Policy are contained in the Malawi Land Reform Programme Implementation Strategy (MLRPIS). The aspirations of this strategy are : – tenure security, – access to land, – good land governance and administration, – sustainable land use, – capacity building and training, – information, education and communication

21. Phases of Implementation Phase One: Formulation of Legal Framework (2001-2006) – Draft Land Bill drafted and submitted to Parliament Phase Two: Pilot Phase from 2003-2008 – Implementation of various projects on pilot basis Phase Three: Expansion Phase (from 2009)

22. Pilot Projects Public awareness Campaign Project Community Based Rural Land Development Project. Land Reform Programme Capacity Building Project. Customary Land Reform and Sustainable Rural Livelihoods Project

23. CHALLENGES Inadequate resources (Land Reforms are not cheap and require concerted effort and commitment by Government, NGOs, Civil Society and Development Partners) Low participation due to ignorance (there is need for change of mindset through civic education to empower people to own the programme) Resistance to Change, especially among chiefs

24. CONCLUSION The land question is the single most important problem which Africa must decisively resolve if it is to emerge from its economic and social crisis.

25. THE END THANK YOU FOR YOUR ATTENTION