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

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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!