BENIN FOOD SECURITY AND LAND GOVERNANCE FACTSHEET

Transcription

1 BENIN FOOD SECURITY AND LAND GOVERNANCE FACTSHEET Abstract Policy and legislation Regulatory Land Governance Framework (rural land) Land Tenure Forms Institutional land governance framework Gender Foreign direct investment Integrated Water Management Regulatory Framework Realities on the ground Resources and other information National Policy agenda Donor support Civil society organizations References...4 Abstract 1 Increasing food production requires access to land and secure rights. In the south of Benin population density is high and land availability is relatively scarcer. In Benin, customary tenure systems dominate. Competition over land and natural resources is increasing, which may reduce access to secure rights for groups with a more marginalized position in the community (women, younger men), while competition with herders relying on mobility to access grazing lands, water and markets becomes more fierce and even violent. The new land policy and legislation may enhance tenure insecurity for those users who will be considered as tenants by customary land holders, seeking to obtain title or sell the land. This new policy is also stimulating land markets with urban based investors, companies, NGOs, religious congregation acquiring land through customary authorities, which are then formalized. 1 Policy and legislation 1.1 Regulatory Land Governance Framework (rural land) Benin is reforming its land policy and legislation. Implementation has now entered the pilot phase and about a 100 so-called plan foncier rural are being implemented with support of private consultants. The Millennium Challenge Cooperation (USA) is the major funder. Decentralization efforts have been significant for land governance. Legislative texts were voted in 1999 (laws n , , , of 15 January The commune (local government) has become a central actor of land management. Government has transferred jurisdiction from the prefecture to the commune for issuing administrative deeds in the field of land tenure (Le Meur, 2006). 1 This country factsheet was prepared under auspices of LANDac The IS academy on land governanceand compiled by the Royal Tropical Institute (KIT - Martijn ter Heegde, Thea Hilhorst and Nicholas Porchet) at the request of the Ministry of Foreign Affairs The Netherlands. Contact: t.hilhorst@kit.nl

2 Legislation is reported to be in preparation obliging landholders to convert their certificate within a given period in to a land title, or they will loose ownership. Law on Rural land Holding in Benin Land policy (validated 2009, approved 2010) 2010 draft «code foncier et domanial» Establishes the rural land plans (Plan foncier rural) which are inventories (enquêtes) for confirming rights, makes compulsory the drawing up of a written contract in the event of final transfer (actes de contestation) and the registration at the state property department (certificats fonciers ruraux). Land Policy White Paper («Livre blanc de politique foncière» - décret portant Déclaration de politique foncière et domaniale au Bénin). The aim is to secure rights, facilitate investment and create a real estate market using land as an asset convertible to cash. The white paper discusses approaches for securing land rights and also the use of state land, land information systems, efficient (decentralized) land administration, and women s access to land Proposition that «certificats fonciers» should be converted -without costs- into titles within a given period of time by the bureau local compétent en charge de l immatriculation foncière 1.2 Land Tenure Forms There are various land tenure forms possible, but most land can be considered as untitled customary land. Land Tenure Types in Benin Titled Individual property Certificats Fonciers Rural (CFR) Agricultural parcel with a rural land certificate Individual concession by authorization Occupied state land Untitled customary land Land plot recorded in the legal framework (Property Title TF private property Individual property with a Rural Land Certificate (Certificat Foncier Rural); Will be delivered as part of the Plan foncier rural and have equal Concession granted to an individual or to a corporation through an administrative authorization Land belonging to the State (public land) but occupied by an individual Customary Lands without a Title (Titre Foncier) or a Rural Land Certificate (CFR); Land under collective rights 1.3 Institutional land governance framework A central tool for the implementation is the plan foncier rural (PFR), for which the approach has been developed over the last decade particularly with support of French researchers. The implementation of Benin land reform has been developed closely with the Millennium Challenge Account) and has a strong land administration/ surveying component. The PFR is a land use and tenure map which seeks to validate also secondary rights of for example women and those who are using natural resources. Rights are validated in presence of all land holders and users. Common lands are also included in the map. Some difficulties experienced during implementation are that secondary rights are easily forgotten and that part of the land owners are not present. Determining the limits between villages also proved

3 difficult. There are also villages that are reluctant to participate as they are not sure of the real intentions of government, as in the 1960s and 70s significant expropriation for state farms took place. The PFR has proven to be risky for land users, who are either evicted before the PFR arrives as landholders may fear that they will claim the land. Rents are also increasing. Where urban settlements are created (lottisement) fraud is common. In the context of PFR certificates will be issued. The PFR is implemented under responsibility of the Ministre de l'urbanisme, de l'habitat, de la Réforme foncière et de la Lutte contre l'erosion côtière. Local governments also play an important role. There is no domestic funding policy for the implementation of land reform at central and local levels) and limited skilled human resources. Both issues could seriously harm effective implementation and sustainability, as most activities are now undertaken with donor support and consultants. The role of customary authorities is still significant in rural areas. 1.4 Gender Women's access to land and natural resources is a major concern in Benin. In rural areas most women do not own land. Though policy and legislative efforts have been undertaken to promote women s right to land, customary practice continue to exclude female land ownership. 1.5 Foreign direct investment No distinction is made between nationals and non-nationals in legislation and regulations on land. Non- nationals can request a titre foncier. The government of Benin is promoting foreign direct investment and facilitates access to land titles 2. It is reported that this (informal) land market with non-nationals and companies seeking to acquire land is developing in both rural and urban areas, and that prices are increasing. Some have sub-divided the (urban) land, which have been sold. It is reported that the government is considering to limit access to land for non-nationals access to leases only. 2.1 Regulatory Framework 2 Integrated Water Management. Integrated Water and Resources Legislation in Benin Law Content loi N portant "Gestion Integrated management of water resources de l eau en République du Bénin Law n of and the related decree n of 02/07/96 Distinguishes state forests ( domaine forestier classé ) and protected forests (non state forests) The Direction Générale de l Eau (DG Eau) with the dual mandate of managing water as a resource (Integrated Water Resources Management or Gestion intégrée des ressources en eau) and supporting municipalities in the provision of drinking water in rural and semi-urban areas. 2

4 3 Realities on the ground The PFR, if not implemented carefully and well monitored, may result in more conflict and loss of land rights for those having secondary rights. The growing land market can be at the expense of tenants and other users of land, when members of the customary kingdoms consider their custodian rights as plain ownership rights to be sold, even when not legitimate in local societies. Conflict between farmers and pastoralist is becoming more frequent and violent; mobility for herds is becoming increasing difficult. One of the main concerns of farmer organizations and communities is that customary authorities are selling off the land to domestic and international investors and speculators, who may either become a new kind of landlords or leave the land idle, thus increasing pressure on land for the others. Conflicts over land are frequent and partly the result of informal and unregulated land markets, where fraud is easy. 4 Resources and other information 4.1 National Policy agenda o Implementation of the land policy o Developing legal framework o Building institutional capacity 4.2 Donor support The Millennium Challenge Cooperation compact is providing $36 million to assist in formulating land reform policy; modernizing the geodetic network and the administration of land documents and land information; transforming rural customary rights from an oral to a written and mapped system; and transforming weak administrative and contractual urban land rights into strong legal titles. MCC collaborates with GIZ and also AFD The World Bank has developed a land governance assessment framework in Benin (2010) 4.3 Civil society organizations Members of the International land coalition based in Benin: o CEBEDES-XUDODO - Centre for Environment and Development Economic and Social Council - o Réseau Béninois pour la Sécurité Foncière et la gestion Durable des Terres - sbrun@mcabenin.bj charly_tomavo@yahoo.fr Farmer organisations : Synergie paysanne (www. synergiepaysanne.org ) is specialising in land governance issues on behalf of farmer organizations in Benin - PNOPPA - Plate-formed national des organizations paysannes du Bénin. Synergie paysanne is monitoring particularly rural land acquisitions by domestic and international actors. 4.4 References

5 Dossou-Yovo, Clément and Basile Marius Gandonou Politiques foncières et l accès des femmes à la terre au Bénin- départements de l Atlantique et de l Ouémé. WiLDAF/FeDDAF-BENIN, SERIE : FEMMES AGRICULTRICES ET DROITS, Cotonou Le Meur, Pierre-Yves Land Rights and Land Conflict in Africa: the Benin Case. Research report, GRET-DIIS, for the Danish Ministry of Foreign Affairs October 2006 Tonato, José.N.D.Using the LGAF to feed into the domestic policy dialogue - Lessons from Benin s experience. Impact Consultants, Benin