Zambia Land Alliance (ZLA) Shadow
Land Policy
‘PUTTING PEOPLE AND NATURE FIRST’
December 2016
126E Kudu Road, Kabulonga, Lusaka
P. O. Box 51156
Tel: (+260) 211 260 040
www.zla.org.zm
www.facebook.com/zambialandalliance
PREFACE
Zambia Land Alliance (ZLA) is a network of non-governmental organizations (NGOs) advocating for fair policies, laws and administrative systems in the land sector, that take into consideration the interests of rural, urban poor and marginalized communities. ZLA was founded in 1997 as a response to the land reforms of the government in the 1990s. From 1997, ZLA has been coordinating and supporting land programmes of its members, partners and District Land Alliances (DLAs) which are involved in advocating for gender sensitive pro-poor land policies, legislation and strengthening the land administration and governance structures for both customary and leasehold tenure in Zambia. The organization has district offices in Kitwe, Chingola, Mansa, Chiengi, Chembe, Solwezi, Monze, Gwembe, Nyimba, Petauke, Chipata and Lusaka.
ZLA, in its research, has noted that land influences the livelihoods of most communities in Zambia. Vulnerable groups such as the poor, women, youths and persons with disabilities, experience insecure access, ownership and control over land. Issues of land administration are key developmental areas, which are essential starting points for improving rural livelihoods. To this end, it has been ZLA’s considered position that the country requires a good land policy to be put in place in order to address this key development area.
Zambia Land Alliance (ZLA) and its advocacy for Land Policy
Zambia Land Alliance has been spearheading civil society’s engagement in the process of formulating a National Land Policy. ZLA has since established a National Land Advocacy Committee, whose mandate is to influence the change of policies, laws and institutional arrangements as these relate to the land sector in the country. A specific Land Policy sub- committee has been established under the National Land Advocacy Committee and its role is to promote ZLA’s positions on the land policy. ZLA has additionally held a number of strategic meetings with key stakeholders such as the church mother bodies, the media and other civil society organizations, with the intention of increasing the base of support for ZLA advocacy. During the current period (2014 to date) of debate on the land policy, ZLA has conducted twenty (20) district consultative meetings on the draft land policy in all the ten (10) provinces. Further, ZLA has held a number of thematic working group meetings, as well as a National Consultative workshop in 2016. ZLA has equally taken part in government facilitated provincial consultative meetings on the draft land policy. ZLA sits on the Land Policy Technical Committee established by Government to facilitate the formulation of the National Land Policy.
This document presents challenges in the land sector and policy measures that can be undertaken to address them. These measures culminate from recommendations submitted several events including the district stakeholders’ meetings, research and interactions with other stakeholders.
ACRONYMS
AER Agro-Ecological Region
AIDS Acquired Immune Deficiency Syndrome
AU African Union
CBD Convention on Biological Diversity
CITES Convention of International Trade on Endangered Species
CMS Convention on Migratory Species
CRC Constitutional Review Commission
CSCS Chinyanya Small Holder Cooperative Society
DLA District land Alliances
DWNP Department of Wildlife and National parks
EIA Environmental Impact Assessment
EITI Extractive Industries Transparency Initiative
FD Forestry Department
FQM First Quantum Minerals
GDP Gross Domestic Product
HIV Human Immune Virus
IDP Integrated Development Plans
ILUA Integrated Land Use Assessment
LAP Local Area Plans
LPTC Land Policy Technical Committee
LSLBI Large Scale Land Based Investment
LSMFZ Lusaka South Multi-Facility Zone
MEA Multilateral Environmental Agreements
MMD Movement for Multi-Party Democracy
MOL Ministry of Lands
MTA Ministry of Tourism and Arts
NCC National Constitutional Conference
NGO Non-Governmental Organization
NHCC National Heritage Conservation Commission
NLAC National Land Advisory Committee
NLP National Land Policy
PF Patriotic Front
PLC Public Limited Company
RAP Resettlement Action Plan
UNIP United National Independence Party
ZDA Zambia Development Agency
ZEMA Zambia Environmental Management Agency
ZLA Zambia Land Alliance
TABLE OF CONTENTS
PREFACE 1
ACRONYMS 2
1.0 INTRODUCTION 4
1.1. Rationale for a Land Policy 6
2. SITUATION ANALYSIS 7
2.1 Environment, Natural Resources and Land 7
2.1.1 Challenges and concerns related to Environment, Natural Resources and Land 8
2.2. Land Administration in Zambia 8
2.2.1 Challenges in Land Administration 9
2.3. Land Tenure 10
2.3.1 Challenges in Land Tenure 10
2.4. Land Use 11
2.4.1 Challenges in Land Use 12
2.5. Distribution of land in Zambia 12
2.5.1 Challenges in the distribution of land in Zambia 13
2.6. Land Based Investments and Development in Zambia 14
2.6.1. Challenges related to Large Scale Land Based Investments 15
2.7. Boundaries 16
2.7.1. Internal Boundaries 16
2.7.2. International Boundaries 17
3.0. VISION, GUIDING PRINCIPLES AND OBJECTIVES 18
3.1. Overall Vision 18
3.2. Guiding Principles 18
3.3 Land Policy Objectives 18
4.0 LAND TENURE FRAMEWORK 19
4.1. Land Tenure 19
4.2 Customary Land 19
4.4 Public Land Tenure 20
4.5 Equitable access and control of Land and Protection of Land Rights 21
4.6 Land Based Investments and Development 22
5.0 LAND ADMINISTRATION FRAMEWORK 24
5.1 Land Administration 24
5.2 Land Use Planning and Management 24
5.3 Land delivery and alienation 25
5.4 Land Registration 25
5.5 Surveying (Demarcation and mapping) 26
5.6 Boundaries 26
5.8 Environmental and Natural Resources Management 28
5.9 Land Dispute Resolution 29
6.0. INSTITUTIONAL FRAMEWORK 29
6.1 The Lands Commission 30
6.1.1 Functions of the National Lands Commission 30
6.1.2 Policy guide for the functions of the Ministry of Lands 30
6.3 District Land Boards 31
6.4 Customary Land Committees 31
7.0. RISKS AND ASSUMPTIONS 32
7.1. Risks 32
7.2. Assumptions 32
8.0 IMPLEMENTATION FRAMEWORK 32
TABLES Table 1 Land allocated to women between 2006 and 2010....…………………………………...15
1.0 INTRODUCTION
Land is a fundamental asset and the primary basis for sustainable livelihoods for the majority of Zambians today. A high proportion of income, employment and export earning is derived from agricultural production and from other land based activities such as mining, forestry and tourism. Rural people in particular depend on land for growing food, and to some extent rely on other land based natural resources for fuel, shelter, medicine, tools, fiber and fruits. Land is a resource which has a variety of benefits at the social, economic, community and political levels.
Zambia gained independence in 1964, and in the period between 1937 and 1950s, Zambia saw its land being divided into reserve land, crown (European Land), state land, forest and game land, customary land and alienated crown land. In 1937, total reserve land was 93.3% comprising Barotseland (15.0m ha), other reserves (13.8m ha) and unassigned areas (38.1m ha). Crown European Land was 3.6m ha representing 5%. There was no allocation for state land whereas forest and game land was about 2.0m ha representing 2.8%. In 1950, Zambia’s allocation changed a bit with crown European land having an allocation of 1.9m ha, forest and game land 0.4m ha, reserve land 28.7m ha while trust land (40.5%). In other words, the whole customary land was represented by 96.7%. [1]
When Zambia became a British protectorate in 1924, land control was transferred from the British South African Company (BSA) to the Governor of Northern Rhodesia (except Barotseland). Hence, 1928 saw the creation of crown land (for Europeans) and reserves for African (in Northern, Eastern, Copperbelt, Central and Southern Provinces). In 1947, the Northern Rhodesia Native Order Council 1947 reversed the policy which allocated more land to the Europeans. In this case, 57% of the land was returned to Africans. By 1950, Crown Reserve Land shrunk to less than 1.9m ha and reserve land increased to some 70m ha. It is also important to note that before the 1930s, allocations of crown land were granted as freehold but after 1945s, settlers were granted land in terms of leasehold. In 1956, the Land Ordinance introduced the upgrade of land from leasehold to freehold to farmers who performed well in agricultural production. The 1956, ordinance was later repealed by the colonial government and replaced by the Agricultural Lands Act, 1960 which provided for allocation of agricultural leases on state land. [2]
From 1964, Zambia inherited four (4) categories of Land: State-land (formally crown land), Freehold land, reserves and trust land. However, the United National Independence Party (UNIP) government introduced customary land until the period of 1973 when the country became a one party state. After this period, land investment was restricted to the State. The Land (Conversion of titles) Act completed land nationalization and vested all land in the President. In this case, freehold land was converted to leasehold for 100 years.
In 1991, Zambia returned to multi-party democracy and this led to the election of the Movement for Multi-Party Democracy (MMD) into government. The MMD came into power on the platform of capitalist oriented policies, a contrast to the socialist policies of the previous regime under the UNIP. Against this background, the MMD government adequately articulated the need for the preparation and adoption of a Land Policy which would reflect the ruling party’s vision to “institutionalize a land code intended to ensure the fundamental right to property and ownership of land as well as to be an integral part of a more efficient land delivery system.” In 1993, therefore, the MMD Government convened a “National Conference on Land Policy Reform in the Third Republic of Zambia.” This conference laid the foundation for a number of land sector reforms in the country including the subsequent enactment of the Lands Act of 1995.
Following this, the Government initiated a process to draft a National Land Policy. To this end, a committee was appointed and it comprised mainly government officials as well as some civil society representatives, while the Chairperson was Director of Human Resources and Administration from the Ministry of Lands. The Draft Land Policy was published in November 2002 and opened up for further consultation and public consensus building. Civil society was actively involved in this process and led a nationwide consultation process to gather views and opinions of a whole range of stakeholders. The final draft policy was a product of consultation and a reflection of some of the key outcomes of different studies and process on the land question in Zambia.
In 2004, Government commissioned a Consultant to update the draft land policy, taking into account some of the views and opinions expressed on the final draft document. At the beginning of 2006, a Committee of Permanent Secretaries endorsed the Draft Land Policy and recommended it for further scrutiny and subsequent adoption by a National Land Policy Conference. However, in December 2007, the Government instituted a National Constitution Conference to consider and deliberate on the Draft Republican Constitution prepared by the Mung’omba Constitution Review Commission. Government therefore halted the land policy process in order to await the outcomes and general directions which would come from a new or amended constitution from the National Constitution Conference. The final outcome of the NCC was only ready for consideration in the National Assembly in 2010 and in 2011, a new party- the Patriotic Front (PF) was elected into government.
The Government restarted the land policy process in 2014 and a number of steps have thus far been taken including the setting up of a multi stakeholder Steering Committee, which involves the participation of civil society groups like Zambia Land Alliance (ZLA). An external consultant has been appointed to facilitate this process and a number of consultative meetings have been held with different stakeholders including the House of Chiefs. A number of provincial consultative meetings have been held and a draft land policy prepared. This draft land policy is in the public domain for comments and refinement of the proposed policy measures.
1.1. Rationale for a Land Policy
Land plays a complex role in any given society, and it is therefore important to recognize that land is more than just a commodity. Land also carries social, spiritual, political and cultural significance, being a source of identity and power within society as a whole. For many Zambians, it is an important part of their cultural self-identity and factor in their social relationships. Countries are defined by their land boundaries, and how this land is held and administered is a significant internal political issue.
The multi-dimensions of land require a well-thought land policy approach, with clearly defined land policy principles. The distribution and status of land and property rights will have a critical impact on economic and agricultural productivity as well as social and community relations, with long term consequences, either positive or negative, for political, social and economic development for the country.
This shadow land policy demonstrates how pertinent issues with regard to land can be more responsive to societal needs and deliver development through successful utilization of land by the local people and the marginalized. The document therefore outlines guidelines on how land can be administered in the country to ensure that a land policy provides a vision for land governance and an outline of the course of action that can provide, or fail to provide, stability for economic and social development and peace within a country.
The aim of this land policy is to strengthen land rights especially of poor and vulnerable communities, enhances productivity and improve their livelihoods. Further, this land policy paper facilitates for a cohesive approach to land administration and increases access and control of land under both leasehold and customary tenure. It is also aimed at facilitating poverty reduction, support the manufacturing sector, facilitate mining activities, enhance economic opportunities for women and other vulnerable groups, strengthen governance and drive sustainable modernization.
Zambia, under the aegis of the African Union, has joined efforts of member countries who have developed land policies in a manner that is inclusive and responsive to the needs of all land users, contribute to political stability, promote gender equity, foster the reduction of conflict, enhance the sustainable management of natural resources, ensure orderly urban development, and which put all stakeholders on the path to higher economic growth and a better quality of life.