THE COMMUNITY LAND ACT No. 27 of 2016

Date of Assent: 3lst August,2016

Date of Commencement : 2 I st September, 201 6

While women’s rights to land and property are protected under the Kenyan Constitution of 2010 and in various national statutes, in practice, women remain disadvantaged and discriminated. The main source of restriction is customary laws and practices, which continue to prohibit women from owning or inheriting land and other forms of property.

The first set of the land laws were enacted in 2012 in line with the timelines outlined in the Constitution of Kenya 2010. In keeping with the spirit of the constitution, the Land Act, Land Registration Act and the national Land Commission Act respond to the requirements of Articles 60, 61, 62, 67 & 68 of the Constitution. The National Land Policy, which was passed as Sessional Paper No. 3 of 2009, arrived earlier than the Constitution, with some radical proposals on the land Management.

In the recent past, high profile cases involving land governance problems have been thrust into the public domain. These include the case involving the grabbing of a playground belonging to Lang’ata Road Primary School in Nairobi and the tussle over a 134 acre piece of land in Karen. Land ownership and use have been a great source of conflict among communities and even families in Kenya, a situation exacerbated by corruption.

The promulgation of the Kenyan Constitution 2010 brought into place concerns about the urgency for land reform. Land reforms hold the key to solving some of Kenya’s greatest challenges such as landlessness, community cohesion, food security and sustainable development. Land reforms lie at the heart of the work of the National Land Commission (NLC) and Kituo cha Sheria and they are also at the heart of many Kenyan communities who live, work and rely on land. Information contained in the book goes a long way in educating these communities about their land rights.

The UN-Habitat, World Bank and the Global Land Tool Network (GLTN) host of the Global Land Indicators Initiative (GLII) 1 in collaboration with Global Donor Working Group on Land (GDWGL)2 jointly hosted a side event titled Land Tenure Security Monitoring in the SDGs: Leaving no one behind at the 2 nd High-level Political Forum on Sustainable Development (HLPF).

Effective recognition of customary land rights is still a challenge in Angola, as in many other African countries. Despite customary land rights of the traditional rural communities are expressly recognized in the 2004 National Land Law, very few communities in Angola have been able to register their land. In the Province of Bié, in Angola central highlands, only five customary collective land titles (called Dominio Util Consuetudinario) had been issued within the period 2004-2015.

Who can access and use the land? The answer to this age-old question is changing fast in many parts of rural Africa. Land that used to be allocated within the community by chiefs is now increasingly changing hands in more diverse ways. The wealthy and well-connected within the community or from further afield are frequently able to override local statutory or customary land rights, dispossessing the previous occupants or forcing them to divide their already small plots of land.

In the context of the global land rush, some portray large-scale land acquisitions as a potent threat to the livelihoods of already marginalized rural farming households in Africa. In order to avoid the potential pitfall of studying a particular project that may well have atypical effects, this paper systematically investigates the impact on commercial farm wage incomes for rural smallholder households of all pledged investments in the agricultural sector in Zambia between 1994 and 2007.

The paper shows that most women in Zambia and especially in the study area suffer from insecurity in land since they do not have secure title to land under customary tenure. The results from the research which was carried out using semi structured interviews with 34 female farmers show that the majority of women farmers (62%) were not allocated land directly by headmen but got land through a male contact.

Key points:

Zambia is one of the most forested countries in Africa, with about 50 million out of the 75 million hectares total land area under some form of forest cover. However, the country also has one of the highest rates of deforestation and degradation in the world, estimated at 250,000-300,000 hectares of forest loss per annum. Reversing/slowing this high deforestation and degradation trend will require the country to design and implement programs and strategies that will effectively deal with both the proximate and underlying drivers of deforestation and degradation.