21. Actual impediments in many African countries, like lacking capacities which
cause insufficient and inappropriate enforcement, must be overcome.
Relevance of Land Rights/Tenure in Africa to Sustainable Soil Management
22. Clarity on land rights must be seen as a prerequisite for sustainable soil
management in Africa. This is also important for medium or even long-term
investments.
23. The land right systems are very different in African states. Thus one fits
all-approach does not exist. Usually the following three land types are known:
state land, private land and customary/tribal land.
The terms customary land and tribal land could be used interchangeable.
24. Land tenure security (in form of western land titling/registration) is often low in
Africa. In Uganda only 10% of the land is formally registered. In Kenya 67% of
the land is customary in nature.
25. There was agreement that an effective land titling system is the key for land
security in particular as the economic interest in land is constantly increasing,
including for foreign investors.
• A need was seen to clarify the requirements of customary land in the various
communities. Cultural aspects have to be taken into account as the concept of
customary land varies amongst the various communities.
• It is to be considered that according to customs and traditions land could carry
more value than the pure substance, inter alia religious or emotional values.
• The procedure of land titling should involve “local communities” as
stakeholders.
• The procedure should be simple, cost-effective and inclusive.
– The registration process in Uganda seems to be very time consuming and
demanding.
– The registration process in Kenya establishes a deadline which seems to
contradict the concept of inclusiveness.
26. Access to land and land rights could raise gender issues.
27. “Land grabbing” is seen as a major issue in many African countries. “Land
grabbing” was understood as being an “unfair” land acquisition. “Unfair land
acquisition” could be both legal and illegal.
28. Foreign investment is commonly regarded as important and helpful if it is
performed in a fair manner.
29. A need was seen for regulatory concepts and additional actions to deal with
unfair land acquisition. Two situations were distinguished:
• Type one: unfair use of unclear land rights.
• Type two: unfair use of corruption potentially on all levels (state level,
regional governance or municipalities)
30. Measures were discussed to deal with the two types of unfair land acquisition.
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Annex: Outcome Document
cause insufficient and inappropriate enforcement, must be overcome.
Relevance of Land Rights/Tenure in Africa to Sustainable Soil Management
22. Clarity on land rights must be seen as a prerequisite for sustainable soil
management in Africa. This is also important for medium or even long-term
investments.
23. The land right systems are very different in African states. Thus one fits
all-approach does not exist. Usually the following three land types are known:
state land, private land and customary/tribal land.
The terms customary land and tribal land could be used interchangeable.
24. Land tenure security (in form of western land titling/registration) is often low in
Africa. In Uganda only 10% of the land is formally registered. In Kenya 67% of
the land is customary in nature.
25. There was agreement that an effective land titling system is the key for land
security in particular as the economic interest in land is constantly increasing,
including for foreign investors.
• A need was seen to clarify the requirements of customary land in the various
communities. Cultural aspects have to be taken into account as the concept of
customary land varies amongst the various communities.
• It is to be considered that according to customs and traditions land could carry
more value than the pure substance, inter alia religious or emotional values.
• The procedure of land titling should involve “local communities” as
stakeholders.
• The procedure should be simple, cost-effective and inclusive.
– The registration process in Uganda seems to be very time consuming and
demanding.
– The registration process in Kenya establishes a deadline which seems to
contradict the concept of inclusiveness.
26. Access to land and land rights could raise gender issues.
27. “Land grabbing” is seen as a major issue in many African countries. “Land
grabbing” was understood as being an “unfair” land acquisition. “Unfair land
acquisition” could be both legal and illegal.
28. Foreign investment is commonly regarded as important and helpful if it is
performed in a fair manner.
29. A need was seen for regulatory concepts and additional actions to deal with
unfair land acquisition. Two situations were distinguished:
• Type one: unfair use of unclear land rights.
• Type two: unfair use of corruption potentially on all levels (state level,
regional governance or municipalities)
30. Measures were discussed to deal with the two types of unfair land acquisition.
216
Annex: Outcome Document