LAND DISPUTE RESOLUTION- IMPACT ON GOVERNANCE

NO. 2 SSHFC CRESCENTOFF BERTIL HARDING HIGHWAYCONTACT:

THE GAMBIA

DISPUTE RESOLUTION SETTING

• Gambia – approx. 11,000 sq. • 100.sq. KM – FREEHOLD -Urban• Rest Regions – Mainly Rural

• Dual approach to land rights – statutory/Customary• legal system tripartite• Common law/statute• Customary law• Islamic law/Sharia (Muslim population 90%)

LAND CONFLICT RESOLUTION SYSTEMS - Formal

• Formal court structure :• (Magistrates courts, high court, court of

appeal, supreme court) – 3 tier appeal structure, • District /Group tribunal

• Cadi Court System (INHERITANCE - DIVORCE):• Cadi court constituted by Cadi and 2 Scholars

(Ulama),Cadi Appeal Panel (Constituted by 5)

LAND CONFLICT RESOLUTION SYSTEMS - INFORMAL

• Alternative Dispute Resolution Secretariat

• Community ADR (Ethnic/Religious)

• Court connected ADR

CONTEXT

• By 2000 Congestion in all courts • Human and institutional capacity constraints• Poor conditions of service-dependent on technical

assistance judges• Limited number of courts, Archaic rules of court,

poor case management• Delays in the preparation of appeal records• Endemic and substantial case backlog – land cases

more than10 years - most from the regions• Conflict over land caused by inordinate delays &

injunctions and stays of execution• Public confidence eroded in court system

INTERVENTIONS

1. High Court restructured into specialized divisions – land division created

2. High court extended to 2 regions – Western and URR

3. Hurricane Judges appointed (Zero backlog initiative)

4. High Court Rules5. Cadi Court system extended6. Court Connected ADR7. Formal ADR 8. Informal/Community approaches

MEASURING THE IMPACT - LGAF

• level of land related conflict, access to conflict resolution mechanisms (formal & informal) and duration of cases• Base line data collected (2010-2012) - courts, district

tribunal & ADRS - indicates shift towards ADR• % of land cases in relation to civil cases – 27%

(high Court), 51% district tribunals, 29% ADRS. • Land cases resolved overall – 35% (high court),

25% district tribunals, and 40% ADRS Note: Data does not reflect land cases resolved through community ADR

LESSONS LEARNT & WAY FORWARD• Not all reform efforts successful. Outstanding:• Automated court reporting• Judicial autonomy some issues• Systematic data collection & improved data management• Legal aid in land cases

• Interventions widened and extended access to justice for land cases• Efficiency improved • High court average 8months – 4years, Cadi 4 months, district

tribunals less than 30 days; ADRS 30 days (depending on need for expert assistance)

• specialization, enhanced knowledge of land law, greater consistency in application of legal principles, decisions expedite

• Land professionals more active• Case for more focus on informal mechanisms for dispute resolution

THE END