reinforcing the land rights of small farmers in conflict zones the case of north kivu drc n.
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REINFORCING THE LAND RIGHTS OF SMALL FARMERS IN CONFLICT ZONES: The Case of North Kivu (DRC). YAOUNDE , SEPT 2010. AAP DRC. The Context of North Kivu. Access to the land, the armed conflict factor; Democratic and commercial pressure on the land; Displacement of populations;

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reinforcing the land rights of small farmers in conflict zones the case of north kivu drc

REINFORCING THE LAND RIGHTS OF SMALL FARMERS IN CONFLICT ZONES: The Case of North Kivu (DRC)

YAOUNDE , SEPT 2010.

AAP DRC.

Presentation AAP, Yaounde Sept 2010.

the context of north kivu
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.

Presentation AAP, Yaounde Sept 2010.

types of land conflict
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

Presentation AAP, Yaounde Sept 2010.

major causes of land conflict
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;

Presentation AAP, Yaounde Sept 2010.

resolution of land disputes through the peace consolidation process
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.

Presentation AAP, Yaounde Sept 2010.

aap experience
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.

Presentation AAP, Yaounde Sept 2010.

map aap structures
Map - AAP structures

Presentation AAP, Yaounde Sept 2010.

slide8

Results on the ground: statistics

Presentation AAP, Yaounde Sept 2010.

challenges
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.

Presentation AAP, Yaounde Sept 2010.

towards the protection of the land rights of small farmers
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

Presentation AAP, Yaounde Sept 2010.

actions to be initiated in a multi player environment
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.

Presentation AAP, Yaounde Sept 2010.

questions and suggestions
Questions and suggestions????

Thank you!

Contact: aapdrc@yahoo.fr

Presentation AAP, Yaounde Sept 2010.