En el campo hay menos títulos, pero más sabiduría

Rhe North-East Land Conference, organized by the Martin Luther Christian University (MLCU), Shillong, North-Eastern Region Community Resource Management Programme (NERCORMP), Shillong; North East Network (NEN), NRMC-Centre for Land Governance (NRMC-CLG); and Rongmei Naga Baptist Convention (RNBA), Manipur evident the significance tenure dynamics and development paradigms in North East Region deliberating on land, laws, locals and livelihoods on 30-31st January, 2020 at Shillong. 

This report titled Land in India: Issues and Debates is part of an initiative under the aegis of India Land & Development Conference (ILDC) which has a long-term objective of bringing out an annual Status of Land in India volume. This report is a modest beginning in that direction by drawing on the works of ILDC partners to present a quick over view of some of the key developments and debates in India’s land sector. The report brings together 11key issues which currently engage the minds of the policy makers and researchers in India.

This Briefing Paper is based on the outcomes and lessons from projects recently completed in Mozambique, funded by DFID’s LEGEND programme, wider analysis conducted by that programme, and the knowledge and practical experience of the authors. The briefing is a summary of a longer Policy & Practice Paper by Norfolk, S., Quan, J. & D. Mullins (2020), “Land Policy and Practice in Mozambique: Options for Securing Tenure and Documenting Land Rights”.

For historical reasons, Kenya inherited a highly skewed system of land ownership at independence in 1963. British colonialism in Kenya was not merely administrative. Rather, it was accompanied by massive and widespread land alienation for the benefit of settler agriculture. As a result the best agricultural land-the White Highlands and the adjacent rangelands were taken from the Africans, without compensation, and parceled out to white settlers. Colonial legislation was enacted to legalize this process.

Institutional framework for land administration and management being a whole set of services that make the land tenure system within Kenya socially, ecologically and economically relevant and operational has generally failed to operationalise the general functional components of land administration i.e. juridical, regulatory, fiscal, cadastral and adjudicative, efficiently. This is because land administration structures and infrastructures are perceived as factors external to the land tenure system itself.

The Historical Injustices Issues Paper seeks to present the various historical land claims issues and perspective related to them and consequently proffer policy statements for their redress.

This booklet reveals that women only got 103,043 titles representing 10.3 percent, while men got 865,095 titles representing 86.5 percent of the total. The glaring disparity is made clear when looked at against the actual land sizes and titled for women against men. The data sample shows that out of 10,129,704 hectares of land titled between 2013 and 2017 women got 163,253 hectares representing a paltry 1.62 while men got 9,903,304 hectares representing 97.76 percent.

This report, which focuses on Kenya, constitutes one of four country-wide assessments produced under the overall project. It draws on a literature review conducted by the Kenya Land Alliance (KLA) with additional inputs from IIED, as well as on primary field research conducted by KLA in April 2016 (see Section 1.2 for further information about the research methodology).

The KLA proposed constitutional principles on land reform as captured in the constitutional draft have become more pronounced with the approach of General Elections and the transition that is expected to see the departure of President Moi from leadership. We therefore, detest the frantic efforts to go to the forthcoming elections before adopting the Ghai draft constitution, because that will be endangering the aroused expectation that at long last we are on the road to sorting out land problems we have lived with since independence.

For a long time the issue of land and related problems has been debated mostly by academicians, politicians and professionals. Although the problem has remained more or less one of the most talked of in Kenya, the public has very often been left out of the debate. Again mostly the debate has been dominated more by complaining about either the lack of policy or the bad land policies and laws and the failure by successive governments to correct those problems.