Land tenure system
In general, the land tenure system established by the policy framework is considered inadequate. It is failing to accommodate the increasing demands on the land sector triggered by the rapidly changing social and economic circumstances. Economic growth and social change – which are taking place at a substantial pace even in the countryside – are putting immense pressure on the land sector. The tenure system in place is not dynamic enough to respond adequately.
Recently, the responsibility for implementing land proclamation was decentralized and transferred to provincial levels despite lacking clear protection regulations for land users. Moreover, there are clear gaps in the land law which make the implementation or enforcement very difficult. Social and economic changes in the rural areas are not considered. For example, many regional states land laws claim that anyone who is willing to live as a farmer will receive land free of charge even though there is no free land available. In addition, there are considerable information and knowledge gaps which constitute challenges for land administration.
Following the change of government in April 2018, the space for policy dialogue and civil society involvement in policy elaboration opened considerably. A new, more progressive NGO law was passed and a law on ‘Civic Engagement Policy’ that provides for “a participatory approach to governance” was drafted (November 2019). So far, the fruits of the reforms have yet to be seen because land governance and investment policymaking processes are neither participatory nor inclusive. Information about land reform processes and projects remain challenging to obtain. The current land laws were formulated and enacted without the participation of land users and key interest groups. Policy debates used to be confined to expert circles.