Women face many problems with regard to land inheritance and land rights in Kenya. Individual and community land ownership do not favour women. The reason for this is that ownership of land is patrilineal, which means that fathers share land amongst sons, while excluding daughters. This practice is traditionally widespread and partly accepted although it goes against the interest of women and is prohibited by the constitution.

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.

Illegal and irregular allocations of public land were a common feature of the Moi regime and perhaps it’s most pervasive corrupt practice. The Ndung’u Report as well as various reports of the Public Investment Committee details numerous cases of public land illegal allocated to individuals and companies in total disregard of the law and public interest. Most allocations were made to politically correct individuals without justification and resulted in individuals being unjustly enriched at great cost to the people of Kenya.

The International Development Law Organization (IDLO) and the Center for International Forestry Research (CIFOR) assessed the legal frameworks for major resource sectors in Zambia, Tanzania and Mozambique to analyze whether and to what extent they enable sustainable investments. Relevant international standards suggest that sustainable investments integrate socioeconomic and environmental concerns, bound together by the rule of law.

Macha Mission in Choma District of Southern Province, Zambia was founded by the Brethren in Christ (BIC) Church in 1906 and granted title deeds to 3,003 hectares of land by the British colonial authority of the time. Since then the Mission has built a church, a hospital (which today includes a pioneering malaria clinic), two schools, and houses for its workers. A large market has grown up near the hospital, serving local workers and hospital visitors.

The meaning and scope of the concept of Community-Based Property Rights (CBPR) has become a dominant feature of conservation and development policy discourse over the last decade. The debate has largely been shaped by the growing trends where governments have continued to appropriate traditional lands for conservation and development activities that have resulted into large scale dislocation and widespread disenfranchisement of sections of our society.

Date: juillet 2017

Source: Foncier & Développement

Par: Atoumane Mamadou Kane

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