Land rights in Africa: protecting the interests of vulnerable groups

Land policies in Africa have often overlooked the interests of certain social groups. In some areas, traditional access and ownership rights for women, migrants and pastoralists have been ignored or reduced.  The rise of HIV/AIDS in the region has created new social groups who are vulnerable to discrimination by land policies. As new policies are formed in the region, it is important to consider why these groups have been excluded. This will help to ensure that future policies represent these groups more fairly.

Research by the UK based International Institute for Environment and Development examines why these groups are vulnerable in terms of land access rights. Women have traditionally had very few land rights throughout Africa, usually only through their husbands or male relatives. The few laws that do exist to protect their interests are rarely enforced. Often their rights to a resource are weakened further when the resource increases in value. Women also have limited involvement in land management systems, with decisions usually being made by men.

Many land ownership systems in Africa were created when land was more abundant. As land becomes scarce, these are now causing disputes between migrants and indigenous populations, who both have claims to the land. Disputes are usually about the terms of land access, particularly the length of agreements. Pastoralists have seen large areas of their ranges lost to other uses, such as wildlife reserves and commercial ranching. Policies have often looked to prevent land degradation by controlling pastoralist activities, rather than give full ownership.

The HIV/AIDS epidemic is having significant impacts on land rights in Africa. The loss of family members is forcing many people to sell or rent their land, as they do not have enough people to work the land or they have to pay medical expenses. In some cases people have to abandon land. Families can lose their land rights if they do not cultivate it. Land grabbing by relatives after the death of a family member also creates problems.

Whilst recent land policies have attempted to improve the rights of vulnerable groups, these have encountered several problems:

• Improved rights for women are difficult to enforce, particularly in rural areas. There is an absence of organisations to enforce these, and often a lack of awareness of new laws amongst women.
• Laws protecting pastoralist interests are rarely implemented, and overall control of the land is often still held by governments.
• Efforts to introduce new measures to deal with HIV/AIDS related land issues are complicated by the culture of silence around the disease preventing reliable data collection.

To achieve greater fairness and representation of vulnerable groups in future land policies, further changes are required:

• Women must be included in committees working on land reform programmes, to contribute their experience of land management.
• Particular attention is required to promote women’s rights in rural areas. This includes raising awareness of new legislations, using local languages and suitable forms of communication, such as radios, workshops and focus groups.
• New land policies must consider the specific needs of HIV/AIDS affected households, regarding the rights of children, especially orphans.
• Addressing land rights for migrants is vital for establishing or maintaining peaceful coexistence. Existing agreements need to be given legal recognition to avoid confusion.
• Pastoralism must be more widely recognised as a productive land use within new policies.

Whilst progress has been made in certain areas in improving the rights of these groups, these are often isolated cases. Raising awareness of land rights amongst these groups and creating the necessary instruments to enforce new policies are key concerns for future land policies in Africa.

Source(s):
‘Land tenure and administration in Africa: lessons of experience and emerging issues', International Institute for Environment and Development, London, February 2004 Full document.

Funded by: Swedish International Development Cooperation Agency (SIDA); Danish Ministry of Foreign Affairs (DANIDA)

id21 Research Highlight: 24 September 2004

Further Information:
Lorenzo Cotula
International Institute for Environment and Development
Drylands Programme
3 Endsleigh Street
London
WC1H 0DD

Tel: +44 (0) 207 388 2117
Fax: +44 (0) 207 388 2826
Contact the contributor: Lorenzo.cotula@iied.org

International Institute for Environment and Development (IIED), UK

Other related links:
'Africa's changing landscape: new policies to resolve conflicts over land'

'Reducing conflict and improving resource management for Kenyan pastoralists'

'Environmental degradation in Mali: poor farmers or profit?'

'Does land tenure security lead to better soil conservation'

'Ownership, control and access: land tenure and land degradation in Northern Togo'

'Uneasy bedfellows? Modern law and traditional landholding principles in Niger'

'How rich is our land? Re-valuing the communal areas of Southern Africa'