Central Africa regional briefing Yaounde, 27-28 September 2010 DEVELOPMENT OF SYSTEMS FOR TRANSFERRING LAND TENURE RIGHTS IN THE CENTRAL AFRICAL SAVANNA

Central Africa regional briefing

Yaounde, 27-28 September 2010

DEVELOPMENT OF SYSTEMS FOR TRANSFERRING LAND TENURE RIGHTS IN THE CENTRAL AFRICAL SAVANNA

Pabamé SOUGNABEBernard GONNE

Félix NGANA

Pabamé SOUGNABEBernard GONNEFélix NGANA

REGIONAL CENTRAL AFRICA BRIEFING: Access to land, the acquisition of land and rural development:

new issues, new opportunities



REPORT PLAN

OBSERVATIONS

METHODS

RESULTS

CONSEQUENCES AND REACTIONS OF THE PLAYERS

CONCLUSION



I – OBSERVATIONS

Ever increasing pressure on the land resource

Mismatch between land tenure rights and land tenure practices

Land tenure conflicts increasing in frequency and level

Traditional land tenure management crumbles under attack by financial transfers of land tenure rights

Emergence of a land market and end of customary land rights?

Can this land market protect traditional land use systems which are already somewhat limited?

Main goal: To analyse the development process in progress and anticipate the outcomes of certain practices

PRASAC



II - METHODS



2.1 – OBSERVATION SITES

Country Sites Number of households

Population

Cam

ero

on

Laïnde Karéwa 231 1369

Baho Hosséré 49 426

Mowo 261 1546

Mbang Boum 226 1750

RC

A

Didango-Mandjo 139 786

Ngoumbélé 404 2290

Gbaloko 111 597

Gbago 304 1665

Chad

N’Guetté 638 2598

Gang Kodjio 126 786

Career 500 3523



2.2 – Location of sites



2.3 – Data gathering methods

Ethnographic approach to land tenure rights • Surveys of the land tenure and social history

of the sites

• Surveys of the systems of accessing and transferring land tenure rights

• Analysis of the content of current rights (holders, limits, etc.)



III- RESULTS



3.1 – Systems of transferring land tenure rights

Areas Cleared Inherita-nce

Gift Loan Bought Rent Pledged (lien)

Cam

ero

on

Mbang-Boum 27.3 18.4 8.8 3.4 6.4 38.8 0.0

Laïnde-Karéwa 27.7 14.7 10.0 4.3 3.5 38.5 1.3

Mowo 11.6 40.5 10.3 6.3 11,0 20.3 0.0

Bao-Hosséré 0.0 53.4 8.6 0.0 19.0 19.0 0.0

RC

A

Gbalako 3.6 40.5 2.7 6.3 26.1 20.7 0.0

Didango-Gombélé 76.7 15.3 4.6 1.5 1.8 0.0 0.0

Gbago 25.7 18.8 17.4 0.7 22.4 1.0 0.0

Chad

Gang Kodjo 0.0 40.9 12.8 18.3 9.8 0.0 18.3

N’Guetté 23.5 33.2 23.3 12.0 0.0 7.9 0.0

Career 41.6 22.9 28.2 1.2 5.3 0.8 0.0



3.2 - Factors in the development of land tenure rights transfer

Factors within the community

• Deterioration of customary rules

• Users ignorant of laws

• Interpretation of “the commons” Factors external to the community

• Exchanges in the rural environment become financial

• Centralisation of state and land tenure system

• Land registration procedure lengthy, complex and expensive



3.3 - Mechanisms for the financial transfer of land tenure rights at regional level

Sales are between: friends, relatives, alliances;

Land is rented outside of family connections Most purchasers come from the same district

or a neighbouring district Women and outsiders are usually excluded

from the market Most contracts are verbal agreements only Acquired rights are sometimes non-

transferable



3.4 - Mechanisms for the financial transfer of land tenure rights at national level

Cameroon (north):• Phenomenon is very old (with animal traction)• More noticeable around the large cities (Maroua and Garoua, etc.)• Tendency to become generalised in other agricultural spaces (Karal and

cotton)• Tends to be operated by other players: foreigners, women, etc.;

Chad (south)• Recent phenomenon• More noticeable around the large cities (Moundou, Pala, etc.)• Grows with oil exploration and drilling (compulsory purchase, farmers from

oil-rich areas driven off) Central African Republic (CAR)

• Low population density (-1%)• Phenomenon is noticeable only in the vicinity of the capital, Bangui, and

the major communication routes (sealed roads)



IV- CONSEQUENCES AND REACTIONS OF THE PLAYERS



4.1- Effects of the financial transfer of land tenure rights

General land tenure insecurity • Claims to rights to land which has been given or lent • Contracts thrown into doubt

Development of land rights conflicts • Between legal claimants (non-legal claimants)• Between purchasers and legal claimants

Source of income (enrichment)• Family health, education for children• Investments (homes, cattle, etc.)

Others doomed to poverty• Family land holding below the threshold of viability• Landless labourers increase in numbers (18% in one

area in Chad) Productive systems

• Resistance to investment: Degradation of soil• Restriction in the choice of farming system• Failure to adopt certain innovations



4.2 - Reactions on the part of the farmers

Drafting of receipts (“little papers”)• Characteristics

• Little papers have little legal weight

• These small documents are too different from each other

• The “little papers” are incorrect (and/or incomplete)

Alternative • Enjoyment paper (correcting the weaknesses of the

above)



4.3- Conditions for land tenure rights protection

land rights management regulations to be brought up to date

and rights management to be decentralised to streamline the current land tenure procedure;

Current developments to be buttressed to anticipate certain actions



V - DISCUSIONS/CONCLUSION

Mismatch between existing law and the extent of social demand

Appearance of new land tenure transfer systems: purchase and sale, renting and pledging (lien)

Imperfect market: Market modelled on the customary land tenure system

This method does not grant complete control over the land to those acquiring it

Legality and legitimacy must be reconciled to produce security of land tenure



THANK YOU FOR YOUR KIND ATTENTION

Documents

Central Africa regional briefing Yaounde, 27-28 September 2010 DEVELOPMENT OF SYSTEMS FOR TRANSFERRING LAND TENURE RIGHTS IN THE CENTRAL AFRICAL SAVANNA