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THE COMMUNAL LAND RIGHTS REGISTRATION PROCESS IN NAMIBIA
ELKE MATTHAEI GIZ Namibiaelke.matthaei@giz.de
Presentation Outline
oBackground: Land Ownership in NamibiaoLand Reform in NamibiaoCommunal Land Rights Registrationo Communal Land Reform Act, 2002o Functions and Responsibilitieso Communal Land Rights Registration Processo Achievementso Challenges
oQuestions
Background: Land Ownership in Namibia
o1884-1915: Displacement and exploitation under colonial rule
o1920-1990: Structural apartheid regime under South Africa
oNamibian Independence in 1990o Inherited skewed land ownership: 52% of the territory
was in the hand of white farmers
oControl over land in post-independent Namibia:o20% is state land (including parks, desert, mining
etc.)o44% of land is freehold/commercial farmso36% of land is communalo70% of the population depend on access to
communal land for subsistence farming and livelihoods
Background: Land Ownership in Namibia (cont.)
Land Reform in Namibia
o 1990: Start of a comprehensive land reform processoNational Conference on Land Reform and the Land
Question, 1991oLand Conference resulted in land policy development
oAgricultural (Commercial) Land Reform Act, 1995oNational Resettlement Policy, 1997oNational Land Policy, 1998oCommunal Land Reform Act (CLRA), 2002
Communal Land Rights Registration
Communal Land Reform Act, 2002o The National Conference on Land Reform and the Land Question, 1991o Consultative Conference on Customary Law, Ongwediva 1993o People’s Land Conference, Mariental 1994o Consultative Conference on Communal Land Administration, 1996
oAim: Provide greater tenure security in communal areas oAddress land administration issueso Stipulates roles of Traditional Authorities in land
allocation and administrationo Sets out the functions of Communal Land Boards
Communal Land Reform Act, 2002 (cont.)
oCLRA makes provision for the allocation of 2 categories of land rights:
oCustomary Land Rights: residential and farming units (non-commercial practices) (20ha)
oRight of Leasehold: commercial activities on land parcel (50ha)
Minister of Lands and Resettlement may increase the size of land upon request from the farmer (through the chief/TA)
Functions and Responsibilities
Communal Land Board• Control the allocation and cancellation
of customary land rights by TAs and chiefs
• Decide on applications for rights of leasehold
• Create and maintain registers for allocation, transfer and cancellation of customary land rights and rights of leasehold
• Advise the minister on regulations to be made to meet objectives of CLRA
• Give effect to the provisions of CLRA• Pre-determined composition of CLB
members
Traditional Authorities & Chiefs• Primary power to allocate and cancel
customary land rights• Give consent for registration of rights
of leasehold• Determine size and boundaries of the
area of land for which the right has been granted
Ministry of Lands & Resettlement• Assisting CLBs administratively• Keeping register of all land rights• Verifying applications for land parcels• Surveying all land parcels• Producing certificates of registration• Verifying that all applications are
submitted in accordance with CLRA• Minister: sets max. sizes of land that
may be allocated
Communal Land Rights Registration Process
Namibian Communal Land Administration System
-Topography as :-Oshanas-Roads-Rivers
-Town area-Commercial area-Land Use Plans-Development Plans-Legal borders (Region, constituency , etc.-Etc.
NCLAS
GPS Coordinates
Aerial photos
Communal Cadastre
Communal DeedsApplication formApproval or
RejectionMLR/CLBverificationUPI
19
Achievements
o 108,000 communal land titles verified;o 87,000 communal land titles registered;o 55,000 certificates issued, thereof 41% women;o Secured communal land rights increased by approx. 9 Mio ha
since 2003. Total area of communal land= 33.6 Mio hao Since 2013, women can apply for land rights in their own name;o Capacity of CLBs and TAs increased through training;o Namibian Communal Land Administration System (NCLAS)
established;o Budget allocation increased from N$800,000 to more than N$11
Mioo Awareness campaigns, communication and information strategies
o Customary laws and traditions vs. statutory lawso Group Rights?o Illegal fencingo Registration of commonages?o Access to credito Lack of information, understanding and awareness on CLRA,
CLRR processes and role of CLBso Lack of proper M&E systems and research on impacts of CLRRo Tenure security alone does not address:o Grabbing of assetso Access to extension services/resources for farming/economic
opportunitieso Extension of registration deadline due to outstanding
applicationso Perceptions and attitudes of communal farmers and other
stakeholders
Challenges
QUESTIONS?
THANK YOU!
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