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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
Central Africa regional briefing
Yaounde, 27-28 September 2010
REPORT PLAN
OBSERVATIONS
METHODS
RESULTS
CONSEQUENCES AND REACTIONS OF THE PLAYERS
CONCLUSION
Central Africa regional briefing
Yaounde, 27-28 September 2010
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
Central Africa regional briefing
Yaounde, 27-28 September 2010
II - METHODS
Central Africa regional briefing
Yaounde, 27-28 September 2010
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
Central Africa regional briefing
Yaounde, 27-28 September 2010
2.2 – Location of sites
Central Africa regional briefing
Yaounde, 27-28 September 2010
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.)
Central Africa regional briefing
Yaounde, 27-28 September 2010
III- RESULTS
Central Africa regional briefing
Yaounde, 27-28 September 2010
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
Central Africa regional briefing
Yaounde, 27-28 September 2010
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
Central Africa regional briefing
Yaounde, 27-28 September 2010
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
Central Africa regional briefing
Yaounde, 27-28 September 2010
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)
Central Africa regional briefing
Yaounde, 27-28 September 2010
IV- CONSEQUENCES AND REACTIONS OF THE PLAYERS
Central Africa regional briefing
Yaounde, 27-28 September 2010
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
Central Africa regional briefing
Yaounde, 27-28 September 2010
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)
Central Africa regional briefing
Yaounde, 27-28 September 2010
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
Central Africa regional briefing
Yaounde, 27-28 September 2010
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
Central Africa regional briefing
Yaounde, 27-28 September 2010
THANK YOU FOR YOUR KIND ATTENTION
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