Understanding Land Governance in Africa
Land is a vital productive asset, and access to it is an economic right. However, governance across Africa remains weak, with many countries lacking clear rules that define ownership and tenure. This has led to significant inequalities, especially for women. Only a few countries, such as Rwanda, have made notable progress in securing women’s land rights.
In a discussion with Joan Cuka Kagwanja, Coordinator of the African Land Policy Center (ALPC) at the UN Economic Commission for Africa, the topic of land governance was explored. From her perspective, land governance goes beyond ownership and title deeds. It encompasses the whole spectrum of how we manage our land. This includes framing constitutions, developing policies, and ensuring inclusivity in policy formation and implementation. It also involves laws and legislation, institutional administration, and systems for delivering land rights.
The Current State of Land Governance in Africa
Around 2007/2008, efforts were made to collect evidence on land governance in Africa, starting at the country level and then expanding regionally. Many African countries shared similar challenges, particularly regarding traditional systems of land governance being excluded from statutory systems. These traditional systems, though legitimate in the eyes of local communities, were often not recognized by law. This created conflicts, especially around community land and collective land rights.
For example, pastoral communities that move during the dry season in search of pasture often face issues where their land is claimed as “idle” or “free.” This overlooks the fact that they allow the land to regenerate. Land governance in Africa is complex due to the presence of multiple systems—traditional, statutory, and sometimes religious—each with its own legitimacy and evolving nature.
Key Issues in Land Governance
One key issue identified was the lack of recognition of traditional systems. Another was women’s land rights. Across the continent, women generally lacked equal access to land, requiring reforms in laws and constitutions. While some traditional systems provided access for women, they often excluded them from decision-making. In matrilineal systems, even when land rights were formally documented, titles often went to men, leading to women losing out.
Poor land governance has economic costs, including inequality, conflict, and low productivity. Women produce the majority of food in Africa but often lack secure land rights. This affects food security and limits their ability to contest land use decisions. Secure land rights for women can boost production and productivity, leading to long-term investments in land, such as planting trees, building bench terraces, and using manure and biomass inputs.
Conflict and Land Use Planning
Conflict disrupts agricultural systems, making it nearly impossible to farm. Somalia, for instance, is one of the most naturally productive countries in Africa but suffers from instability that hinders farming. Lack of land-use planning leads to haphazard land use and significant losses. Countries with mapped land rights and land-use planning know which land is used for what, avoiding such issues.
Promising Policy Reforms
Over the last 20 years, there has been significant progress in land governance. Policies are now more inclusive, with multi-stakeholder platforms guiding development. For example, Guinea Conakry and the DRC have developed land policies through inclusive processes. Recognition of customary systems is increasing, with countries like Sierra Leone, Kenya, and Malawi incorporating communal land rights into their laws.
However, land administration remains a challenge, with many countries lacking documented land rights. Institutional capacity, skills, and budgets for the land sector need strengthening. Efforts are being made to integrate land issues into other sectors, such as agriculture, to ensure effective investment.
Funding Land Governance Reforms
Most land reforms have been financed by donor money, which is now winding down. Innovative mechanisms are needed to sustainably fund land governance reforms. Land governance is a continuous process, and documentation must continue as land use changes and populations grow. Budget allocations to the land sector are a major problem, despite its potential to generate revenue.
Reducing the cost of land documentation through technology and improving the efficiency of the judiciary are essential. Establishing land courts and using technology can help reduce the backlog of land disputes. Dialogues between land ministries, central banks, and ministries of finance and planning are crucial to raise awareness of the land sector’s impact on the economy.
