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(NYASATIMES) Malawi ‘sitting on time bomb’, campaigners want land policy to promote citizens interest

Malawi ‘sitting on time bomb’, campaigners want land policy to promote citizens interest
By Nyasa Times
Published: September 7, 2009

The Centre for Human Rights and Rehabilitation (CHRR) says is deeply concerned about the allocation and distribution of land in Malawi and has called on authorities to put national interests first when allocating land, particularly to non-Malawians.

CHRR said in a statement made available to Nyasa Times it has observed that some traditional leaders and assemblies have developed a tendency of allocating land to foreigners for reasons other than investment.

“It is not a secret that foreign nationals, particularly Rwandans, Burundi’s, Nigerians and Chinese, have acquired land in our districts, towns and cities and built at the expense of poor Malawians. At the rate we are giving up our land, one wonders whether there will be any land left for the future generation. Let us be patriotic in the distribution of land,” read a statement issued by CHRR boss, Undule Mwakasungula 9pictured).

The rights watchdog said it notes that the Malawi National Land Policy clearly stipulates that “non-citizens and foreign companies will be permitted to lease land from the Government or directly from private landowners for investment purposes only.”

“This provision needs to be strictly adhered to when allocating and distributing land in this country,” said the statement.

“From the numerous complaints we have received on land issues, as well as various media reports, it is clear that Malawi is sitting on a time bomb on land issues and unless something is done, the country will face a big land crisis 10 to 15 years from now.

“It is a fact that Malawians don’t flock to China or Nigeria or any foreign country for that matter and expect to be given land to build at give away prices. Those countries are careful with their land, but why are we behaving like we have too much land for ourselves?”

The rights group added in the statement: “Let us not forget that landlessness among Malawians has increased in recent years as the population has risen, thereby putting a strain on the little land available. This is more the reason why we should be cautious when allocating land.”

CHRR pointed out that agriculture remains the mainstay of the Malawian economy, providing livelihoods to more than 80% of the population. It said for such a predominantly agriculture economy, the importance of prudent allocation of land cannot be overemphasized.

The watchdog applauded President Bingu wa Mutharika for his “strong desire” to develop large scale commercial farming in this country and highlighted his statement on record that, “If someone comes and says, ‘I want 5,000 hectares, I want to grow rice,’ we will find the land for them to grow rice and other foodstuffs.”

But CHRR said while they share President Mutharika’s view that commercial farming is essential for the enhancement of food productivity in the country, they would like to see the allocation of land for purposes of commercial farming being done within Malawi’s legal framework.



“This is why we are also calling on government to promptly enact the Land Bill (2006), which, we hope, will help to prevent unscrupulous investors from taking advantage of poor Malawians.

“It is not a secret that over 60% of the country’s population is poor and that if these people have any property at all, it is the piece of land where they have built their house or set up their maize garden. Chances of these people being tempted to sell that piece of land are very high, particularly looking at the current global economic crisis, which is impacting strongly at the local household level,” reads the statement.

The watchdog further pointed out that the Green Belt project that Mutharika is pushing for will be of little benefit to the country if local people are not allowed to own land and participate.

“Already there are reports that it is mostly Indians and other foreigners who are purchasing or leasing land along the lakeshore for the purpose of the Green Belt project. Local people should have a larger share in the Green Belt if the project is to have a greater impact on their food security –otherwise, we may end up like Zimbabwe where locals have benefited little from the country’s commercial farming,” said the statement.

CHRR said a good land policy will help drive the Malawi Growth Development Strategy (MGDS) in making sure the country is self sustainable.

“The resulting Land Act will not only benefit Malawians but also foreign investors who will be confident that the title to land being developed is guaranteed by due process of a fair, just and an up-to-date law. “

Rights campaigners said they do not want to see a situation in Malawi where a majority of the population is poor and landless, while a minority, mostly foreigners and multinational companies, have taken possession of a lion’s share of the land.

“Let us learn from countries like Zimbabwe and Kenya where the issue of land ownership has created fierce wrangles between indigenous peoples and foreign investors. There are also cases of land disputes that have happened locally, which we can all draw lessons from –for example, the Mulanje land wrangle involving villagers and the Smallholder Tea Company Limited (Steco), which was reported in The Nation recently,” the statement said.

In enacting the Land Bill, therefore, the campaigners urge lawmakers to address concerns raised earlier by the civil society pertaining to the introduced market based land reforms and the implications of this, the role of chiefs in land administration, the integration of the Land Law with the Wills and Inheritance Act and how to ensure gender equality in land issues, among other issues.

“As a human rights body, we are keen to see Malawi develop its food production potential while at the same time making sure that the most vulnerable in our society, particularly women and children, retain ownership of their land or if they are landless, gain access to land,” CHRR said in the statement.

The body said it is highly appreciative of the Malawi’s government’s efforts to improve access to land through the Land Reform Programme targeting the landless or near-landless, which has been piloted in four districts in the southern region of the country, namely, Thyolo, Mulanje, Machinga and Mangochi.

However, the body urged government to address the challenges highlighted in the research recently carried out by the Research Programme Consortium for Improving Institutions for Pro-poor Growth (IPPG).

Among the many challenges , the study highlights “conflicts between those leading the reforms and the popular perception of how land redistribution should proceed, with widespread and unresolved land disputes in the pilot areas leading to anxiety among the settlers about the security of their land.”

“As CHRR, we are also concerned about the way in which land is being allocated along the lakeshore. Most painful is that most of the land purchased along the lakeshore is not accessed by the locals and yet it is the locals who for years have owned that land. Can government explain why it has let those who purchase land along the lakeshore stop locals to access and enjoy their ancestor’s waters?” the statement said.

The organization said it is concerned that there is inadequate monitoring of development along the lakeshore from Karonga to Mangochi.

“We are particularly worried about the displacement of local communities to make way for private land developers, some located below the safe flood risk zone of 480m contour line.

“Another concern is that cottage/hotel development along the water front and associated fencing has resulted into obstruction of public access and use of beaches by local communities,” said the statement.

CHRR said while it welcomes infrastructural development along the lakeshore, the body is strongly against development that is advanced at the expense of the local people.

“Our desire is to see the sort of development that benefits people who live in these areas and not the kind of development that endangers their lives,” said the organization.

Mwakasungula’s organization urged government to institute a land audit to determine the amount of customary, public and private land available.

“We honestly believe that such an audit can give us a clear picture of where indigenous Malawians and foreigners stand in terms of land ownership. The audit should also ascertain the amount of land that is lying idle or being underutilised. This can help in effective planning on land utilisation to enhance agricultural productivity and livelihoods,” said the body.

CHRR explained that they are not being discriminatory to foreigners not to have access to land in the country or advocating xenophobia but that the National Land Policy should guide us when allocating land to them.

Labels: CHHR, LAND REFORM, MALAWI

posted by MrK @ 3:31 PM