Improvement of customary tenure security as pro-poor tool for land development : a Zambian case study
Asperen, Paul van & Augustine Mulolwa
Zambia has a dual land tenure system. The country consists of Statutory tenure (leasehold) and customary tenure. Leasehold tenure is officially registered, land under customary tenure is not. Customary tenure is officially recognized by the Land Act (1995). The paper focuses on land tenure security in rural areas. This paper gives an insight into some customary tenure systems in Zambia, based on a literature study. Their main characteristics are described and the levels of security discussed. The definition of rights from different perspectives will be given. Differences between tenure systems mainly depend on land use and the societal system (matrilineal, patrilineal).The role of chiefs in land tenure is analyzed. In general customary systems provide sufficient security as long there is no or little interference with the outside world. One important interference is the conversion of customary land into satutory leasehold, however, a long cumbersome procedure has to be followed. Secondary rights under customary tenure will be deprived, leading to insecurity of customary tenure. These secondary rights are however very important for the poor. It will be a starting point to develop methods for recording customary rights at low cost. A unified model is given which enables recording of customary rights. The model will fit for all tribal tenure systems and even the statutory system. The paper ends with recommendations in order to improve land tenure security: recording of customary rights in conjunction with land tenure reform.
Event: 5th FIG Regional Conference for Africa : Promoting Land Administration and Good Governance
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