Gambia - Context and Land Governance

Similar to other West African countries, the dichotomous approach to land administration is rooted in the Gambia’s historic trajectories and colonial past. Legally, all land in the Gambia is public land including customary land that is not yet registered and vested in the District Authority to be held for the benefit of the respective communities. The country has three tenure types: freehold and leasehold which were introduced by the British and are statute-based as well as customary. 

Customary tenure applies to most of the country’s land and is administered by district authorities (Seyfor) and village heads (Alkalo) drawing on indigenous traditions. Customary tenure is largely determined through membership by kinship or lineage [3]. The village chief, called Alkalo, administers land and together with descendants from other founding families holds the highest status and tenure security. Customary tenure distinguishes between clan (Kabilo) household holdings (managed by the clan head) and communal land ownership (managed by the village chief and the council of elders).

Freehold land covers about 10% and includes residential urban areas, acquired public land, designated state land (alienated customary land), forest parks and nature reserves, and Tourism Development Areas. Leaseholds cover subleases and tenancies, licenses, 99-year leases of state land, and deemed leaseholds. The provisions of the Lands (Provinces) Act in 1946 led to the alienation and registration of customary land under British rule while customary tenure prevailed. Today, conflicts still arise from overlapping

customary land and state leasehold grants allocated to third parties[4]. Both in rural and urban areas, one quarter of the adult population feels tenure insecure[5]. 

District tribunals are responsible for dispute resolution regarding customary land with the regional governors holding the power to review the tribunals decisions. The continuing issue of land disputes has led to a lack of public trust in the country’s administration system and intensified conflicts between indigenous communities and the government as well as private land conflicts. However, the resolution of land-related conflicts was not one of the top priorities of the recent National Development Plan (2018-2021).

As a result of the dual land tenure system there are different processes for acquiring statutory urban and rural customary lands. For customary land, land acquisition and registrations processes are classified threefold: Traditional transfers, local government/official transfers, and central government transfers. Acquiring ownership of customary land from the founding families/clans (Kabilo) and Alkalo requires a change of ownership. In a next step, the official transfer, customary land is registered at the Area Council. Finally, at the level of central government the occupancy permit and lease certificate are allocated [12]. These land titles are processed at the MoLRG, DPPH and DLS. The above procedures are applicable to individuals and entities. 

For public purposes, the compulsory acquisition of land by the state is possible in the interest of defense, safety, order, morality, health, town and country planning or the development or utilization of any property for the public benefit, such as tourism development areas (TDA)[13]. In addition, the Physical Planning and Development Control Act provides that compulsory acquisitions for the public interest allow for land use changes, i.e. from agricultural to residential, commercial, or industrial uses[14]. If occupants with usufruct rights under customary law are affected they are compensated on the basis of the “loss of user rights”. Occupants may be resettled to suitable alternative land in consideration of the inhabitants’ economic well-being and social and cultural values. Alternatively, a compensation may be paid following the provisions of the Land Acquisition and Compensation Act (1991). However, the compensation amount is not clearly defined for occupants under customary law, and its implementation has been inconsistent and arbitrary. Moreover, District Authorities tend to forego compensation payments when they offer farmland for public purposes in exchange for prospects of development. Information on land allocations is not publicly accessible.

Historically, women in the Gambia have always created economic and artisanal livelihoods despite limitations in their authority[18]. In 2021, less than one fifth of women owned land whereas 75% of the agricultural labor force are female. Although the constitution provides for equal rights of women and men this does not apply to personal law[19]. In practice, women borrow land for cultivation purposes from their husbands, their husbands’ families, or other male community members. Disadvantaged by regulations and the State Lands Act, secondary land users have been excluded from land formalization processes due to their temporary user status and are exposed to higher levels of tenure insecurity[20].

Despite the progressive provisions of the Women’s Act of 2010[21], the four types of marriages in the Gambia continue determining access to land tenure and inheritance rights: Christian, civil, and customary marriages as well as marriages under Shari’a law[22]. The latter applies to 95% of the Gambian population. Under Shari’a law, girls may only inherit half the share of a male child. Christian women and daughters are entitled to the same shares as male family members, however, husbands can will away all of his property. According to customary law, women are only entitled to their deceased husbands’ property if they agree to be inherited herself along with his other assets. In a few ethnic groups though, women may inherit land from their mothers and are considered owners instead of borrowers. 

Women do not only face discriminatory cultural, religious and social norms but also lack of awareness, financial capacities, and opportunities to purchase land. Likewise, illiteracy is high among girls and women and only very few women are engaged in the institutional structures that manage land and natural resources or are in political positions, such as village heads[23]. 

In addition to endorsing the VGGT in 2012, the government of the Gambia has implemented a number of land- and resource-related programs. In cooperation with FAO, the Country Programming Framework (2018-2022) sets out four priority government areas, including enhancing sustainable and diversified agriculture and fisheries, sustainable natural resource management for climate change adaption and mitigation, strengthening food value chains, as well as strengthening resilience and capacities for disaster risk reduction. 

The 5-year GEF-6 Landscape/Seascape Planning and Restoration Project (2020-2025) is implemented by UNEP and the National Environment Agency aiming to provide an enabling environment for land reform and marine spatial planning policies. In addition, the project shall contribute to improving ecosystem conservation services, removing barriers to sustainable land management, and increasing ecological connectivity between different biodiversity habitats by creating Indigenous Community Conservation Areas.

The objective of the Peace Building Fund Project focuses on promoting peaceful coexistence among communities by addressing the adverse impacts of climate change, such as land disputes.  

The author’s suggestion for further reading

The Inclusive Greater Banjul report provides a detailed view on women’s experiences in urban Banjul, ranging from questions of diversifying leadership to safe transport and the co-creation of making cities from below. 

Amuzu et al.’s analysis offers insights into the impact of rising sea levels on the Coastal Zones of the Gambia. They authors demonstrate changes in annual rainfall and temperature, land loss due to flooding, as well as the lost monetary value of land and population at risk between 1986 and 2016.

This report analyses the dynamics of land acquisition and registration in peri-urban Kombo by real estate companies. It also highlights issues surrounding fraud, land disputes, real estate proliferation and regulation of the real estate industry in the Gambia.