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MONITORING REPORT
JANUARY 1 - JULY 31, 2008

To see a hard copy of a publication, please send an email request to research@rdiland.org, attn: Gabby Wagner.

Africa

Namibia: March 2008: Protection for Women in Namibia’s Communal Land Reform Act: Is It Working?
Namibia: April 2008: Kessl: A New Jurisprudence for Land Reform in Namibia?
Namibia: 22 May 2008: Namibian Women Need More Rights to Land
Brigette Weidlich, The Namibian, NEWS
lac.org.na

A study has found that although the rights of Namibian women have become more secure under revised customary laws and the Communal Land Reform Act, lack of awareness of these laws and their implications continues to leave women vulnerable. Additionally, women are fearful of repercussions against themselves and their children which may follow if they report violations of the laws meant to protect them. To remedy the problem, the study recommends initiatives to spread awareness of the law as well as amendments to the law in an effort to increase protection to women and other vulnerable groups.
Namibia: 23 Jun 2008: Kessl Case Tests Land Reform Laws
Catherine Sasman, New Era (Windhoek), NEWS
allAfrica.com

Namibia’s high court ruled in favor of foreign owners challenging the Government’s expropriation of their commercial farmlands when the process the Government used to do so conflicted with Namibia’s Constitution. The case revealed dysfunction and mismanagement in every step of the expropriation process. Although expropriation is a necessary step in the land reform process, sentiment among landowners is that it must be executed democratically according to Namibia’s rule of law. The Government, however, is likely to appeal the decision.
Namibia: 09 Jul 2008: Residents Get Land Rights
New Era (Windhoek), NEWS allAfrica.com

On June 30, the Namibian Ministry of Lands and Resettlement handed residents of the Olukonda Constituency 1000 certificates representing total customary land rights (mapped and registered) for the first time countrywide. The initiative was the result of the Namibian Government’s cooperation with the European Commission funded Rural Poverty Reduction Programme and the German Development Bank. It was among the first steps in efforts to enforce the Communal Land Reform Act of 2002 which stipulates that all citizens entitled to communal land for subsistence farming or residence must apply for recognition of such rights by February 2009.
Namibia: 18 Jul 2008: Land Reform- Prospects and Challenges
Clemens H. Kashuupulwa, New Era (Windhoek), ANALYSIS
allAfrica.com

After a brief overview of past land reform efforts in Namibia, the prospects and challenges of future initiatives are evaluated by considering communal land reform and commercial land reform programs. Suggestions are offered on how the Namibian government can promote sustainable agriculture through community training, incentive programs, and investment in technology. Although drought and climatic changes may hinder progress, recommendations on how the Namibian people can improve prospects for poverty alleviation are given, including strengthening and empowering the Namibian National Farmers’ Union.
Nigeria: 10 Jul 2008: Land Use Act - Fashola Wants Improvement of Processes
Daily Trust (Abuja), NEWS
allAfrica.com

During a session on land reform, the Lagos State Governor, Fashola, made a strong case for modifying, rather than appealing, the Land Use Act, claiming that the Act’s problem lies only in faulty implementation. He noted that the State has made significant improvements in the operation of the Act, notably in the land registry system, but must still improve on the formality of land transactions and the availability of mortgage options for low-income citizens. He also emphasized that raising the country out of poverty depends on productive use of real property and lamented that Nigeria sits on much dead capital in the form of land.
Rwanda: 17 Jan 2008: Land Tenure Issues Vital for Peace
Rwanda News Agency (Kigali), NEWS
allAfrica.com

During a United Nations-backed meeting in Kigali, the conclusion was reached that proper management of the various land tenure systems in Africa is essential for continental peace and stability. Conflicts in Uganda and Rwanda between landlords owning large tracts of land, and their tenants, who are vulnerable to random eviction, have caught the attention of both countries’ governments. The meeting in Kigali is expected to provide these governments with guidance on methods of ensuring coexistence of customary and formal land tenure systems. The Rwandan government has already begun, (in 2005), a four-phased process meant to issue land titles to those with valid claims under a new land reform strategy.
South Africa: 19 Feb 2008: Land Reform Failure Rate May Be 50 Percent
Neels Blom, Business Day (Johannesburg), NEWS
allAfrica.com

The South African Government recognizes that the high failure rate of land reform efforts may be the result of lack of post-settlement support to the land reform beneficiaries. A strategy launched by the Agriculture and Land Affairs Minister with assistance and funding from the Belgian Technical Co-operation seeks to open more land to the poor, empower black entrepreneurs, and provide greater access to agricultural support services, thus promoting agricultural production and trade.
South Africa: 26 Mar 2008: New Expropriation Bill to Advance Land Reform
Nthambeleni Gabara and Michael Appel, BuaNews (Tshwane), NEWS
allAfrica.com

A Parliament-approved Expropriation Bill is meant to replace the Expropriation Act of 1975, which has been criticized as being unconstitutional. In efforts to correct the problems endemic to the 1998 land reform process, which displaced hundreds of thousands of black and Indian South Africans from their land, the new bill considers relevant factors beyond the fair market value of the land in determining the terms of government expropriation. Also important, the new Bill creates an Expropriation Advisory Board to monitor all expropriation processes.
South Africa: 24 Apr 2008: The Promised Land
From the Economist Intelligence Unit ViewsWire
economist.com

An examination of the probable causes of the slow pace of land reform in South Africa, particularly land transfer from white to black ownership. The reluctance of white farmers to sell their land, the decrease in interest in farming among the young black population, and the high risks of rapid land reform in terms of the government’s relationship with the people are cited as leading factors.
Uganda: 03 Jan 2008: Land Reform or Theft?
John B. Kakooza, The Weekly Observer (Kampala), OPINION
allAfrica.com

The integrity of the proposed amendment to the Land Act 1998 is questioned. Although the amendment purports to protect lawful occupants in Buganda from “rampant evictions,” critics cite concern that the group the bill really protects those who enter the property of others secretly, and illegally. The argument is made that the “evictions” the Bill speaks of are nonexistent and that traditional bijana land holders in Buganda continue to live in harmony with their landlords and thus do not require such protection. The article also notes that law and precedent oppose the amendment as under law, the central government lacks the power to own and redistribute land.
Uganda: 10 Jan 2008: Land Reforms Needed to Stop Peasant Uprising
Kintu Nyago, The Weekly Observer (Kampala), OPINION
allAfrica.com

The article states concern as to why the Uganda Law Society, academia, and the Uganda Human Rights Commission, have kept silent regarding the civil and political rights of Ugandan citizens in the debate on land reform. Argument is made that the current land reform scheme, meant to solve the inequalities borne under colonialism, will not bring a massive redistribution of land but will grant tenants to what they are entitled, thus restoring both the civil and cultural rights of Ugandan citizens, a step which may be necessary to prevent uprisings.
Uganda: 25 Feb 2008: Controversial Land Bill May Cost Museveni Critical Support Base
Daniel K. Kalinaki and Benon H. Oluka, The East African (Nairobi), NEWS
allAfrica.com

While the government promotes the Amendment to the 1998 Land Act as a protection from unlawful evictions, accusations that it is instead a vessel for “outsiders” to unlawfully settle on Ugandans’ property continue. Although land reform is necessary, particularly in light of the highly dichotomous mailo tenure system, it is vulnerable to the manipulation of various political interests and many therefore feel that it must be scrutinized carefully before implementation. Buganda Kingdom officials have rallied citizens to oppose the Amendment, arguing that it is unnecessary and may lead to foreign control of Ugandan land, as there are already laws available to protect against illegal evictions. Conflict over the bill has caused scathing political power-plays both within the ruling party and between the President of Uganda and representatives of the Kingdom of Buganda.
Zambia: 13 May 2008: Women’s Access to Land Vital in Poverty Fight
Aubrey Musuumba, The Times of Zambia (Ndola), NEWS
allAfrica.com

Lack of land access for women is recognized as a leading cause of poverty. Although women comprise the bulk of the agricultural work force, female-headed households have characteristically smaller, less fertile plots than men. Although the Intestate Succession Act protects widows to some extent, land under customary tenure cannot be inherited. Therefore, discriminatory practices such as land-grabbing are common and women and children of deceased men are frequently left destitute, lacking the legal resources to fight the injustices against them. The impact is also felt by victims and orphans of AIDS, who are typically cared for by women. Despite international human rights treaties and declarations to which Zambia subscribes, the country is far from the type of equality necessary to facilitate crucial agricultural and food security.
Zimbabwe: 04 Apr 2008: What the Aid Agencies Plan
Chris McGreal, The Guardian, WORLD NEWS
guardian.co.uk

The International Monetary Fund and the World Bank have agreed on a three-step approach to aiding Zimbabwe in the event of a change in regime. The steps include stabilizing Zimbabwe’s currency, increasing financial support, and land reform in the agricultural sector.
Zimbabwe: 29 May 2008: Land Case Deferred to July 16
Sydney Kawadza, The Herald (Harare), NEWS
allAfrica.com

After the Government’s legal team failed to file its arguments on time, the SADC (Southern Africa Development Community) Tribunal has postponed the case of 78 white former commercial farmers who are seeking to stop the compulsory acquisition of their land for resettlement. The case was postponed to take place from July 16-18. In a related matter, an intervener application was also filed by respondents to include the beneficiaries of the same land reform program to be part of the hearing since its outcome could have dire effects for them. Although the tribunal has not dismissed the application, it ruled that as of yet, it does not comply with relevant rules and regulations.
Zimbabwe: 19 Jun 2008: UN Warns of Impending Food Crisis in Zimbabwe
Colum Lynch, Washington Post, NEWS
washingtonpost.com

A United Nation food survey shows that Zimbabwe is likely facing one of the most critical food shortages in ages with estimates of nearly half the population requiring food aid in the next year. The crisis is compounded by inflation and government-imposed price regulations on staple crops but is also largely attributed to Mugabe’s land reform program which has significantly reduced agricultural productivity.
Zimbabwe: 17 Jul 2008: Agrarian Reform Irreversible- Lawyers
The Herald (Harare), NEWS
allAfrica.com

Lawyers for the commercial farmers in the landmark case against the Government’s compulsory acquisition of farmland program have conceded that agrarian reform is essential and irreversible. Despite this concession, they urge the government to order compensation for the 78 farmers whose commercial property was expropriated and distributed among the poor.
Zimbabwe: 17 Jul 2008: White Farmers Want Zimbabwe Government Held in Contempt
Rodrick Mukumbira, The Associated Press, The Boston Globe, NEWS
boston.com

The SADC tribunal is deciding whether to hold the Zimbabwean government in contempt of a December court order forbidding expropriation of petitioners’ land pending outcome of the case. Petitioners claim the order was violated after three of the petitioners were brutally attacked in their homes and forced to sign away rights to their property.
Zimbabwe: 18 Jul 2008: Farmers Challenge Land Seizure at Regional Court
Roderick Mukumbira, Namibia Economist (Windhoek), NEWS
allAfrica.com

The initiator of the 78-member case against the Government’s land reform program, Michael Campbell, was unable to attend the tribunal hearing as a result of the severe beatings he, his wife, and his son-in-law endured when abducted by Mugabe’s ZANU-PF militia. The case challenges a law which denies commercial farmers threatened with mandatory eviction the right to appeal. Zimbabwe’s defense team argues that the law is only violated in cases in which land appropriation is motivated by corrupt or selfish goals of government officials, a circumstance, they claim, which is absent in this case.
Zimbabwe: 22 Jul 2008: Land Challenge Acid Test for SADC Tribunal
Catherine Sasman, New Era (Windhoek), ANALYSIS southernafricalawcenter.org

An article analyzing the likelihood of Zimbabwe’s government complying with the SADC (Southern Africa Development Community) tribunal’s ruling on the matter of land seizures in Zimbabwe. While the white farmers are hopeful that justice will prevail in their favor against a policy that they view as racist and illegal, the Supreme Court of Zimbabwe dismissed the farmers’ claim earlier this year, stating that they would continue to seize property despite the ruling of the tribunal. Although the matter may be taken all the way to the SADC summit if the Zimbabwean government refuses to comply, there is doubt to whether even this step would be effective in changing the actual land reform practices in Zimbabwe. Compliance may be expedited if a neighboring country were to take a firm stand in light of the tribunal’s decision, however, it is unclear whether Namibia is prepared to take this step.
Zimbabwe: 22 Jul 2008: Land Reform Boosts Engineering Firms’ Market
The Herald (Harare), NEWS
allAfrica.com

Despite the major problems it has caused, the land reform movement in Zimbabwe is celebrated for creating opportunity for engineering companies to invest in modernized agricultural systems. Companies such as John Deere have already shown interest in increasing the technology available to Southern Africa’s agricultural industry.

North America

United States: Winter 2008: Proposals for Public Land Reform: Sorting Out the Good, the Bad and the Indifferent
Cuba: 19 Jul 2008: Cuba to Grant Private Farmers Access to Land
Marc Lacey, The New York Times, NEWS
NYTimes.com

The President of Cuba plans to boost the island’s food production by granting private farmers renewable leases to some of the land seized under the 1959 revolution. Although mostly to alleviate the country’s current food crisis, the effort is also an attempt to lure Cubans from the city into agriculture.

Asia

China: January 2008: Women’s Land Rights in Rural China: Transforming Existing Laws into a Source of Property Rights
India: Spring 2008: India’s New Constitutionalism: Two Cases That Have Reshaped Indian Law
India: 08 Mar 2008: Does Land Still Matter?
D. Bandyopadhyay, Economic and Political Weekly, PERSPECTIVE
epw.org

Land reform is examined as a solution to the problems of poverty and violence by tracing the history of land reform efforts in India. Emphasis is given to both the outcomes of various five-year plans and the shortcomings of an attempt to use market-based reforms. Suggestions are made for a new land reform program highlighting the need for more land for redistribution, greater land access for the poor, greater protection for the displaced, and greater security for tenants-at-will. The benefits and promise of agrarian reform are evaluated in contrast to the devastating effects that such efforts have had, particularly on tribal communities and the rural poor.
India: 14 May 2008: Imagining an Economy of Plenty in Kerala
Pulapre Balakrishnan, Economic and Political Weekly, COMMENTARY
epw.org

Land reform programs in Kerala are viewed as a complete failure as the state’s food security crisis has not improved since the program’s inception. The program is criticized as one meant only to redistribute land without proper consideration given to coincidentally increasing productivity. Tenants benefiting from the programs are not required to cultivate the land, thus, much of the redistributed land lies in waste. The article suggests that those who choose not to use their land productively should be forced to return it to the government; additionally, it calls for changes to the state of tenancy law in Kerala, a move which is anticipated to ultimately increase food production. Public food distribution systems are also criticized as an inadequate solution to the problem.

South America

Brazil: Winter 2008: Bringing Dead Capital to Life: International Mandates for Land Titling in Brazil
Bolivia: 09 May 2008: American Rancher Resists Land Reform Plans in Bolivia
Simon Ramero, The New York Times, NEWS
NYTimes.com

The “light-skinned elite” in Bolivia oppose the government’s plans to divide large rural estates for redistribution to indigenous farmers.

Other Publications

Sustainable Agriculture: A Pathway Out of Poverty for India's Rural Poor
Authors: Sustainable Agriculture Information Network- Sustainet
Publisher: Deutsche Gessellschaft fur Technische Zusammenarbeit
For Summary click here
For Full Text click here

Archives of Past Monitoring Reports