By Marie Gagné, edited by Moustapha Keïta-Diop, Anthropologist, Dean of the Faculty of Social Sciences at the General Lansana Conté University of Sonfonia Conakry.
This is a translated version of the country profile originally written in French.
The territory of Guinea, a country of 245,857 km2 , is shaped like a crescent extending from the Atlantic coast to neighbouring Liberia. The terrain is highly varied, ranging from low-lying coastal plains to inland mountainous areas with peaks of over 1,500 metres. The Niger, Senegal and Gambia rivers originate in the highlands of Guinea, forming in turn vast cultivable plains[1]. The presence of these rivers has earned Guinea the nickname "the water tower" of West Africa. The country is also rich in natural resources, notably bauxite.
It is interesting to note that in Kpelle society in the southern part of Guinea Forestière, the husband sometimes moves into his wife's family. When the wife has not joined her husband's lineage, the grandfather or maternal uncle transfers the land rights of the lineage to the children born of these unions
Village in Guinea, photo by Jurgen (CC BY 2.0)
Agriculture and mining account for a considerable share of the economy (23.6% and 16% of GDP respectively in 2020)[2] and are important providers of employment for the Guinean population. The land issue, which is closely linked to natural resources, is thus a major challenge for economic and social development in Guinea. However, various factors contribute to weakening access to land for communities in urban and rural areas. In particular, existing land policies and regulations, which are old, poorly harmonized and not enforced, do not adequately protect the customary rights of local populations. The lack of transparency and poor governance of resources by the Guinean state add to the shortcomings of the law.
Government-promoted industrial agriculture, mining and dam construction projects are also increasing land pressure and fuelling the commodification of rural land[3]. These projects compete with traditional land uses that require a lot of space, including slash-and-burn agriculture and extensive pastoralism[4]. Despite its abundant natural reserves and agricultural potential, Guinea remains one of the poorest countries in the world.
Historical context
Colonial period: Despite numerous abuses and legalized usurpations of land, the distinction between public and private domain was well defined during the colonial period. As early as 1901, the French administration attempted to formalize private property in Guinea, decreeing that all unregistered land belonged to the State. In 1956, however, the colonial administration restricted the state's domain to land registered in its name. Although all Guineans were eligible to register their concession with the land registry (provisionally and eventually permanently), most applicants were Europeans, urban Africans, or local political elites with knowledge of the law. The indigenous people who acquired private property and established plantations usually belonged to the dominant families, thus consolidating their economic superiority[5].
Independence period: After the country declared its independence from France in 1958, the property rights acquired under the colonial administration were challenged. The First Republic (1958-1984) issued Decree 242/PRG of 1959, which established a state monopoly over all land and replaced land titles with administrative decrees[6]. The single party committed various land spoliations that few Guineans dared to criticize at the time because of the repressive nature of the regime. In particular, the state took back land that belonged to the elites and canton chiefs, who were considered allies of the former colonial administration against the Guinean socialist cultural revolution. The land collectivization policies of the first president of independent Guinea, Ahmed Sékou Touré, led to a decline in agricultural production and prompted many young people to leave the country.
Period of land reform: After the death of Sékou Touré in 1984, Colonel Lansana Conté came to power in a coup. From 1985 onwards, the state implemented structural adjustment policies driven by the International Monetary Fund (IMF) and the World Bank (WB). With an emphasis on agriculture and urban development, these economic liberalization policies resulted in the adoption of a Land and Property Code in 1992. This law repealed the 1959 decree and re-established access to individual property for individuals and legal entities, while maintaining the presumption of State ownership of vacant and unowned land. This reform also establishes land commissions in each prefecture of Guinea[7].
The conflicts in Liberia, Sierra Leone and Côte d'Ivoire from the 1990s onwards led to the massive return of Guineans who had settled there and the arrival of foreign refugees. The influx of people, combined with the rise in world coffee prices and economic liberalization policies, led to a strong demand for land[8].
Following the death of Lansana Conté in December 2008, Captain Moussa Dadis Camara proclaimed himself President of the Republic of Guinea. Although President Camara denounced the corruption of the previous regime, the management of natural resources remained lax. For example, the then Minister of Mines and Geology was sentenced to seven years in prison for receiving $8.5 million in bribes from Chinese mining companies[9].
Alpha Conde won the country's first democratic presidential elections in 2010. In 2011, Guinea adopted a new mining code, the drafting of which had been initiated under the previous regime[10]. In 2012, the government, assisted by its technical and financial partners, also launched a process of reflection to reform the legal framework for land tenure[11].
Green hills near Mamou Sithe in Guinea, photography by jbdodane (CC BY-NC 2.0)
In October 2020, Alpha Conde won the presidential elections, but he was overthrown on September 5, 2021 by the Special Forces Group (SFG). The country is currently ruled by a National Transitional Council. Despite the coup d'état, the process of preparing for the Estates General on Land continues. The aim of these Estates General is to resolve various problems, including land speculation, conflicts over land ownership, the multiplicity of actors involved in land management, the inconsistency of legal texts and the lack of recognition of legitimate land rights[12].
Land legislation and regulations
More than thirty years after its adoption, the Land Tenure and Property Code is still the main legislative instrument governing land management in Guinea. This law was essentially designed to address urban specificities: only Article 92 addresses the issue of rural land tenure, albeit in a very vague manner. The imprecise nature of the Code led the government to adopt the Declaration of Land Policy in Rural Areas in 2001 to facilitate the recognition of local land rights[13].
However, this policy was not accompanied by measures to implement it. The process of revising the land laws, which began in 2012, has still not been completed 10 years after its launch.
The mining sector is governed by Law No. 2011-06 of 9 September 2011 on the Mining Code of the Republic of Guinea, amended by Law No. 2013-53 of 8 April 2013. The 2011 code introduces new measures, including increased revenues to the state, greater transparency in the processes of granting mining titles, and a more clearly articulated requirement to conduct environmental and social impact assessments. However, mining companies were able to convince the Guinean government to amend the Mining Code in 2013 to reduce the level of taxes they had to pay[14].
Land tenure classifications
Land in Guinea is divided into 1) state and community domain and 2) private property.
The domain of the State and communities is in turn composed of a public domain and a private domain. The public domain includes natural and artificial movable and immovable property intended for use by the entire Guinean population, such as classified forest estates or transport infrastructure. State property not belonging to the public domain is included in the private domain of the State and registered in its name in the land register[15]. So-called vacant and unowned property, i.e. unoccupied land, also belongs to the State. They are administered by prefects in rural communities and by mayors in urban communes.
As the State's public and private domains are poorly mapped, public land is often sold by prefects or neighbourhood chiefs. In order to recover this land, the State frequently organizes campaigns to evict the occupants of the public domain without compensation or reclassification[16]. These eviction operations are currently continuing under the Transitional Council[17]. Most of the land in the State's private domain was obtained by simple decree or order and without a title deed issued by the domain service.
In addition to the State, individuals may be private owners if they comply with the legal procedures for land acquisition set out in the 1992 Land and Property Code, which also recognizes other administrative documents and acts in force under previous legislation. Individuals who can demonstrate "peaceful, personal, continuous and bona fide occupation of an immovable" are also considered to be owners. The registration of the building in the Land Plan and the registration in the Land Book are, however, the main means for land holders to formalize their land ownership, giving it full legal value. However, this procedure remains little used, given its high costs and bureaucratic complexity[18]. Only 2.5-3% of landowners have a land title[19]. The majority of customary land rights in Guinea therefore do not enjoy legal protection.
Land use trends
The main trends in land tenure in Guinea are the decrease in forest and grazing land, the expansion of real estate areas, and the increase in space devoted to mining and agriculture.
In 2020, Guinea's forest area represents 25% of the total land area, or 6 189 000 hectares[20]. Dense forests have been particularly affected by deforestation, recording a 33% loss between 1975 and 2013. Forests in Forest Guinea now occur as isolated patches on mountain tops and galleries along rivers (with the exception of the classified forests of Ziama and Diécké covering 170,000 hectares). The area of open forest and gallery forest has remained relatively stable over the past 38 years, with decreases of only 0.5 and 2.7 percent respectively. Although their area has also decreased since 1975, savannahs continued to cover 54% of the territory in 2013.
The loss of forests and savannahs is partly due to population growth. Demographic pressure has led to the "uncontrolled cutting of wood for local consumption" and the cultivation of new land. The agricultural area thus doubled between 1975 and 2013, particularly in the plains of the Niger basin, where irrigated production has developed strongly[21]. From the second half of the 1980s, plantation crops such as coffee, rubber and palm oil also expanded in Forest Guinea[22]. Despite this strong agricultural expansion, it is estimated that only 25% of the 6.2 million hectares of arable land available in Guinea is exploited, while land cultivated on an annual basis represents 10%[23].
The extractive industry is also taking up more and more space in Guinea. The extraction of bauxite, an ore needed to manufacture aluminium, has been increasing since 2014[24]. Guinea was the world's second largest producer of bauxite in 2020 and has the largest reserves in the world (25%)[25]. Most of the production (80%) is located in the Boké region in the north of the country. Guinea also has abundant diamond and gold deposits, most of which are mined artisanally[26]. Finally, Guinea has significant reserves of iron, manganese, zinc, cobalt, nickel and uranium, which are however largely under-exploited.
In addition, Guinea is planning the construction of several dams (Kaleta, Souapiti, Fomi, Amaria and Koukoutamba) to develop its hydroelectric potential[27]. These dams require the flooding of vast areas to create water reservoirs, thus generating the loss of living environments. For example, the Souapiti dam alone is expected to require the displacement of 16,000 people living in 101 villages and hamlets. The Guinean government had already relocated 51 villages by the end of 2019. The inhabitants forced to leave their homes and fields find themselves in a situation of insecurity as they were settled on spaces ceded by other villages without obtaining land titles[28].
Investments and land acquisitions
Since the 2000s, several investors have acquired land in Guinea for the production of biofuel and food crops, covering large areas of up to 700,000 hectares. However, most of the announced projects have either not started or have been cancelled. Of the projects that have started, the expected results do not appear to have been achieved[29]. Despite these difficulties, the Transitional Council currently governing the country is inviting the private sector to invest in agriculture. Indeed, the Council recently announced that it was granting a 40-year long lease on 17,500 hectares to the Ugandan company Alam Group[30].
Unlike other countries, more than 80% of the palm oil produced in Guinea comes from natural stands scattered throughout the country and exploited in an artisanal manner. Apart from a few family plantations, the Guinean Oil Palm and Rubber Company (Soguipah) is the only major industrial group in operation[31]. The company, created by presidential order, began cultivation in 1988 in Guinea Forestière[32]. The French subsidiary of Socfin, a Swiss conglomerate, managed Soguipah's operations until 2022[33]. It currently operates 6,083 hectares of rubber plantations and 2,838 hectares of palm trees[34].
The neighbouring communities feel that they have been unfairly dispossessed by Soguipah. They accuse the company of occupying 1,800 hectares of their farmland without their consent and of destroying their rice fields. A presidential decree dated 3 February 2003 made their expropriation of the site official. Soguipah called in the army to remove the people who refused to leave their fields. The latter filed a complaint against the Guinean state at the ECOWAS Court of Justice. However, the Court rejected the case because the plaintiffs did not hold title to the disputed land[35], thus illustrating the difficulties associated with the non-recognition of customary rights in Guinea.
The mining sector is growing in Guinea. Although Guinea's abundant deposits are not fully exploited, the mines already in operation have a strong land impact. Bauxite production takes place in open-pit mines, where the Arabian soil layer is removed to extract the ore near the surface. Such a process leaves bare uncultivable red soil[36].
Community land rights issues
Customary land rights in Guinea derive from the founder of a village who, on his arrival, made a pact with the local genies. As such, the founder has the right to administer the entire village land, a right that is passed on to his descendants through the intermediary of the eldest of the lineage. In order to expand the village, the founding lineage grants administration and usage rights to outsiders over cultivated areas, on a permanent or annual basis.
Under the customary system, all members of the community may take the products of hunting or gathering on uncultivated land. However, only the farmer of a plot of land may harvest the fruits of naturally growing palms. Once the farmer ceases to cultivate the plot, the palm trees are returned to the village community, which can access them[37].
Although lineages continue to control a large portion of the land, various factors contribute to the erosion of customary land rights. In Fouta-Djalon, land fragmentation, sale and concentration began in the early years of the 20th century, increasing social inequalities[38]. In Guinea Forestière, processes of land individualization have also been noted since the post-Second World War period in rice cultivation, due to the investments required for the construction of rice-growing facilities. More recently, the plantation economy has also brought about changes in the way people access land. Plantations occupy areas where groundnuts and rainfed rice were grown under short-term use rights. However, plantations require long-term development, ideally unlimited[39]. However, the individualisation of land administration rights does not necessarily have only negative consequences, as it allows young men to access land more easily without depending on their elders[40].
The Mining Code recognizes in principle the validity of ancestral land rights. Article 124 of this law provides that holders of mining titles must pay compensation to the "legitimate occupants of the land" concerned in order to compensate for the "disturbance of enjoyment" incurred by the latter[41]. In reality, however, the populations are often expropriated from their land for mining activities without receiving adequate compensation[42]. In addition, mining companies regularly leave mined sites without rehabilitating them as required by law, leaving gaping holes that make the land unsuitable for agriculture and livestock[43].
Women's land rights
In general, Guinean society is structured along patrilineal lines and land is passed on to men. Women have little access to land due to the persistence of traditional norms, lack of knowledge of their rights, weak implementation of laws and insufficient economic means to practice agriculture. Women are thus mostly excluded from owning, inheriting and managing land. They have only revocable use rights over the family land base, which makes them vulnerable[44].
It is interesting to note, however, that in Kpelle society in the southern part of Guinea Forestière, the husband sometimes moves into his wife's family. When the wife has not joined her husband's lineage, the grandfather or maternal uncle transfers the land rights of the lineage to the children born of these unions. This type of union is more frequent when young men have difficulty accessing land. Moreover, with the individualisation of land administration rights, land no longer goes to the eldest son on the death of the father, but is divided equally between the latter's co-wives when the union is polygamous. This change in practice allows younger women to continue cultivating their land while their children grow up[45]. Finally, in urban areas, many women own land even if they informally hide behind their husbands for religious reasons.
With regard to formal rights, less than 15% of the land registered in the name of natural persons belongs to Guinean women, either individually or collectively. Women with land titles are mostly found in the country's capital[46]. Given that the rate of land registration is already very low (less than 3% for all gender categories), the proportion of women with access to land titles is therefore almost zero.
Field cultivated by women in Guinea, photography by Romain Vidal (CC BY-NC 2.0)
However, the laws protect women's land rights to some extent, or at least do not introduce gender-based limitations. Thus, according to Article 19 of the Land and Property Code, "A married woman may lease the immovable property belonging to her without the consent or authorisation of her husband"[47]. Article 16 of the Guinean Constitution of 2020 also provides that "Everyone has the right to property"[48]. The Civil Code adopted in 2019, in its article 828, mentions property without gender restrictions[49]. The Civil Code similarly recognizes the rights of a married woman to the inheritance of her deceased husband[50].
Urban tenure issues
The Land and Property Code, as well as the Urban Planning Code adopted in 1998, apply to urban areas. Guinea also has various land use and development plans at the national, regional and city levels, including the capital, Conakry. However, in Guinea's cities as a whole, housing demand is growing faster than government subdivision and infrastructure construction, resulting in disorganized spatial expansion[51].
This situation is particularly pronounced in Conakry, even though the population has not grown at the anticipated rate. While the scenarios developed in 1988 predicted that the population would be between 2.4 and 3 million in 2010, it was in fact only 1.8 million in 2016. Nevertheless, the city has continued to grow in a rather haphazard fashion, with no real control over its land sprawl. The state allows individuals to build unaccompanied and anarchically. In Conakry, the informal settlements are characterised by low density of land use, with a marked decrease in the amount of vegetation cover[52].
Conakry, photography by Claude Robillard with modifications (CC BY-NC 2.0)
As in rural areas, land titles remain the exception in the city. Only 25,000 land titles have been issued in the city of Conakry[53]. Land transactions in urban areas take place largely on the fringes of formal law. Most of the time, land buyers only have their purchase certified by the neighbourhood delegate or the customary chief. As a result, the majority of occupants do not receive compensation in the event of eviction[54]. However, expropriation operations for public utility are frequently carried out by the State for the construction of administrative buildings or urban development[55].
Land in peri-urban areas near roads is also in high demand for plantation development. Although customary authorities are consulted to validate and enforce these contracts, land sales mark an evolution in local law that previously did not allow the alienation of land for commercial purposes. The demand for land also leads some elders to squander their lineage's land heritage to pocket the profits from the sale or to appropriate land that was part of the village domain[56]. Land sales cause many family conflicts, especially between half-brothers of polygamous unions[57].
Land governance innovations
As in Forest Guinea, certain socio-economic developments, particularly with the establishment of groups of agricultural producers and the technical support of many partners, have benefited the women of Fouta-Djalon and the descendants of slaves in this region. Indeed, because of the migratory logic of Fulani men and their prolonged absence from the village, the women have a certain independence in carrying out their agricultural activities. In addition to the cultivation of the hut fields for which they are responsible, since the end of the 1980s women have been involved in lowland farming, areas previously considered inferior and only cultivated by the descendants of captives. Lowland farming takes place in the off-season and therefore does not compete with subsistence farming, allowing women to market their market garden produce and gain financial independence[58].
Timeline – milestones in land governance
1959: Decree 242/PRG breaks with the colonial laws on private property and establishes the State as the sole owner of the land.
1992: The country adopts a Land and Domain Code that puts an end to the State's land monopoly and rehabilitates private ownership of land. However, this Code is still ignored by the population and is hardly applied.
2001: The Declaration of Land Policy in Rural Areas (DPFMR) is promulgated to remedy the inadequacies of the Land and Property Code.
2011: Guinea adopts a new mining code to increase state revenues.
2012: The country launches a process to reform land laws.
2013 : The Mining Code is amended under pressure from mining companies.
2021-2022 : The National Transitional Council continues the process of reflection to reform land
Where to go next?
The author's suggestions for further reading
For a fine anthropological reading of the processes of socio-economic empowerment of young men through access to land, I recommend the report by Charline Rangé. In it, she discusses how land management in Forest Guinea depends on the structuring of intergenerational and matrimonial ties.
On a more interactive note, a Human Rights Watch webpage illustrates how the mining boom is affecting human rights in Guinea. The site includes videos, photographs, maps and analysis of how mining activities are encroaching on agricultural fields, creating health problems and impeding access to water. It is a complement to the report cited here.
References
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U.S. Department of Justice. 2017. Former Guinean Minister of Mines Sentenced to Seven Years in Prison for Receiving and Laundering $8.5 Million in Bribes From China International Fund and China Sonangol, August 25. URL: https://www.justice.gov/opa/pr/former-guinean-minister-mines-sentenced-seven-years-prison-receiving-and-laundering-85
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[18] Diallo, Mamadou Alpha Mariam, Dakala Grovogui, and Moussa Soumaoro. 2021. Land Reforms in Guinea: Challenges and Prospects for the Recognition of Legitimate Rights. London, UK: International Institute for Environment and Development (IIED). URL: https://landportal.org/node/102041.
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[19] Sow, Nassiou. 2019. "Guinea: towards the establishment of a One-Stop Shop dedicated to the issuance of land documents". Guinéenews, 19 June. URL: https://guineenews.org/guinee-vers-la-mise-en-place-dun-guichet-unique-dedie-a-la-delivrance-des-documents-fonciers/.
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[21] Permanent Inter-State Committee for Drought Control in the Sahel (CILSS). 2016. West African Landscapes: A Window on a Changing World. Garretson: U.S. Geological Survey EROS. URL: https://landportal.org/node/101581.
[22] Rangé, Charline. 2019. Land competition and rural youth empowerment. The case of a plantation economy in Forest Guinea (Kpelle country). Technical Committee on Land Tenure & Development. URL: https://landportal.org/node/102043.
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[25] https://pubs.usgs.gov/periodicals/mcs2021/mcs2021-bauxite-alumina.pdf
[26] Extractive Industries Transparency Initiative in Guinea. Report Assoupli 2019-2020. URL: https://www.itie-guinee.org/rapport-assoupli-exercices-2019-2020/
[27] Diallo, Mamadou Alpha Mariam, Dakala Grovogui, and Moussa Soumaoro. 2021. Land Reforms in Guinea: Challenges and Prospects for the Recognition of Legitimate Rights. London, UK: International Institute for Environment and Development (IIED). URL: https://landportal.org/node/102041.
[28] Human Rights Watch. 2020. "The impact of the Souapiti Dam on displaced communities in Guinea. URL: https://landportal.org/library/resources/%C2%ABnous-devons-tout-abandonner-%C2%BB-impact-du-barrage-de-souapiti-sur-les-communaut%C3%A9s.
[29] Kamano, Augustin Benoît and Justine Mounet. 2013. Agrofuel production and land grabs in Guinea: consequences of EU energy policy. CFSI, SOS Faim, COPAGEN. URL: https://landportal.org/node/14137.
https://landmatrix.org/list/deals/.
[30] The Government Communication Unit. 2022. "The government encourages the Guinean sector to invest in the agricultural sector". Guineesignal.com. 2 April. URL: https://landportal.org/node/102372.
[31] Ferrand, Pierre, Jacques Koundouno, Floriane Thouillot, and Kerfalla Camara. 2012. "Issues in the palm oil sector in the Republic of Guinea". Grain de sel (58):36-38. URL: https://landportal.org/node/112450
[32] https://www.soguipah.net/dates-marquantes/
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