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Land, Power and Peace: Tenure systems and the formalization agenda in post-genocide Rwanda
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Land, Power and Peace: Tenure systems and the formalization agenda in post-genocide Rwanda

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Presented at the CAPRi International Workshop on Collective Action, Property Rights, and Conflict in Natural Resources Management. June 28th to July 1st, 2010, Siem Reap,......

Presented at the CAPRi International Workshop on Collective Action, Property Rights, and Conflict in Natural Resources Management. June 28th to July 1st, 2010, Siem Reap, Cambodia.
http://www.capri.cgiar.org/wks_0610.asp

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  • 1. Land, Power and Peace: Tenure systems and the formalization agenda in post-genocide Rwanda Matthew F. Pritchard McGill University CAPRi International Workshop Siem Reap, Cambodia 29/06/2010
  • 2.
    • Introduction
    • Research Methodology
    • Results & Discussion
    • Conclusions
    Outline I ntroduction Source: M Pritchard Natural Earth 2010
  • 3.
    • Most densely populated country in Africa
    • 92% of population lives in rural sector
    • 90% depend on subsistence agriculture
    • Increasing fragmentation, soil erosion & conflict over land
    • Agricultural intensification, lack of fallow periods & shift to marginal terrain
    • Dominance of informal tenure systems (pre & post-genocide )
    Land Tenure & Agriculture in Rwanda Fields in Niyabihu sector, Bigogwe district, West province I ntroduction
  • 4. 2005 Organic Land Law (OLL)
    • First set of state land tenure laws since 1976
    • Goal: to revolutionize rural Rwanda by replacing subsistence farmers with a highly commercialized and monetized agricultural sector
    • Method:
    • - Informal land tenure systems outlawed
    • - Mandatory land registration
    • (Article 30)
    • - Illegal to subdivide plots smaller than
    • 1ha (Article 20)
    • - Land not used in a ‘productive’ way
    • will be confiscated by the government
    • (Articles 62, 63 & 65)
    Land registration receipt I ntroduction
  • 5. Research Questions
    • How is the Organic Land Law adjusting to the complex
    • tenure systems that predominate rural Rwanda.
    • 2. How is the Organic Land Law impacting rural subsistence
    • farmers?
  • 6. Conceptual Framework
    • Land and Development
      • The role of land in development
      • Land tenure & conflict
      • Private property
      • Informal land rights
      • Evolutionary land rights
    • 2) Legal Pluralism
      • Juristic legal pluralism
      • Descriptive legal pluralism
      • Semi-autonomous social fields
    • Law and Development
      • Law & Modernization theory
      • Law & the neo-liberal state
      • A critical practice of law and development
    • 4) Agriculture and Development
      • Agriculture & Modernization theory
      • Agriculture-led growth model
      • Agriculture for pro-poor growth
      • Livelihoods theory
    Research Methods
  • 7.
    • 5 field sites
    • 3 qualitative research techniques
    • i) Interviews
    • - semi-structured interviews
    • - life & oral histories
    • - formal interviews
    • ii) Community Meetings
    • iii) Participant observation
    • 3 participant groups
      • i) Rural subsistence farmers
      • ii) Local & national land
      • administrators
      • iii) Non-profit land consultants
    Research Methods Research Methods Location of field sites
  • 8.
    • No formal (legislated) changes to the OLL
    • Significant informal changes to policy implementation
    • OLL abandoned as a main tool to transform rural Rwanda.
      • Focus remains on individualizing and registering all plots
      • Government has informally renounced initial size restrictions on buying, selling and dividing land
    • Despite this change, the goal of consolidating land to realize economies of scale remains
    • Shift from OLL to National Agricultural Policy as a means to achieve these goals
    • Agriculture policy focused on mandatory Regional Crop Specialization
    Results
  • 9. Regional Crop Specialization Programme (RCSP) Valley cleared and re-planted with maize (Rwaza Sector Musanze District)
  • 10. Results & Discussion Tenure Insecurity
    • Farmers unable or unwilling to follow planting directives are fined & threatened with eviction
    • 2. Complete loss of control over private land. All decisions regarding land use & management made by government
    • 3. RCSP undermines any potential incentives to invest in privately held land
    Land used to have a mixture of Peanuts, Sweet Potatoes and Sorghum. Now can only grow Cassava
  • 11. Food Insecurity Results & Discussion Crops ripped up for terracing
    • 4 ways regional crop specialization
    • undermines household food security:
    • Crops destroyed in preparation for terraces required by OLL & RCSP
    • 2. Government has failed to deliver the only seeds farmers are permitted to plant
    • Increased exposure to risk and decreased access to nutrients (little proof economies of scale are feasible in Rwanda)
    • 4. Subsistence farmers purposefully ignored regarding selection of regional crops
  • 12. Results & Discussion Regional Differences The methods of implementing the OLL & RCSP have divided rural Rwanda into distinct regions according to relative stage in the transformation process.
    • In areas yet to be reached:
    • - Significant support for government
    • intervention
    • - Farmers positive about registration
    • and access to cheap fertilizers
    • In areas that have completed initial
    • registration & consolidation:
    • - Number of families left in search of
    • alternate land
    • - Increases in food theft and conflict
    • over holdings
    • - Significant anger amongst rural
    • households
    • - Precipitated some acts of resistance
    Unplanted terraces
  • 13. Moving Forward Lessons Learned
    • Increased penetration and sustainability through decreases in the speed and aggressive application of land policies
    • 2. Unrealistic expectations on land administrators lead to uneven application of policies
    • 3. Need to ensure that policies do not outpace supporting requirements (e.g. seed & fertilizer delivery)
  • 14. Moving Forward Lessons Learned (Cont.)
    • Provide households with specific information on how and when land laws will be applied
    • 5. Incorporate subsistence farmers and landless peasants into the formation and application of policy
    • Acknowledge and incorporate the livelihood preferences and practices of subsistence farmers
  • 15. Moving Forward Conclusion
    • RCSP has replaced OLL as the primary means of realizing large-scale land tenure change
    • Government is reforming land tenure through restrictive agricultural policies
    • Despite the need for reform, the aggressive goals, scale and methods of implementing land reform pose a significant threat to rural livelihoods
    • Shift from the Organic Land Law to Regional Crop Specialization undermines tenure & food security throughout rural Rwanda
    • Forceful implementation and continued marginalization of vulnerable groups undermines stability & the government’s long-term development framework
  • 16. Land Power and Peace: Land tenure systems and the formalization agenda in post-genocide Rwanda Matthew F. Pritchard CAPRi International Workshop McGill University 29/06/2010