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

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

Introduction
Research Methodology
Results & Discussion
Conclusions
Outline I ntroduction Source: M Pritchard Natural Earth 2010

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

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

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?

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

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

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

Regional Crop Specialization Programme (RCSP) Valley cleared and re-planted with maize (Rwaza Sector Musanze District)

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

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

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

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)

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

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

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

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 Presentation Transcript