Professional Documents
Culture Documents
Final Draft
October 2009
Draft Report on the Inventory of Land Tenure Categories
Table of Contents
Summary ......................................................................................................................... 4
1 Situation Today........................................................................................................... 6
1.1 State Land ............................................................................................................. 9
1.2 District, Town and Municipality Land ............................................................... 9
1.3 Individual Ownership......................................................................................... 10
2 Findings ..................................................................................................................... 12
4 Appendix.................................................................................................................... 20
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Draft Report on the Inventory of Land Tenure Categories
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Draft Report on the Inventory of Land Tenure Categories
Summary
This inventory of different land tenure categories provides essential data and
information to support management and decision making processes. It also contains
feedback on management actions, and implementation of policies and frameworks to
ensure that they deliver the information necessary for the decision makers. Attention has
been focused on different land tenure categories with emphasis on state, district and
individual properties by defining their location and size.
To operationalise the objectives and provisions of the National Land Policy (NLP) and
Organic Land Law (OLL), the Government of Rwanda decided to develop a National
Land Use and Development Master Plan to guide the use and management of land in
Rwanda towards efficient, effective and equitable use of the country’s natural resources.
In executing it, Swedesurvey, is to carry out an inventory of different land tenure
categories in Rwanda as provided for in the Organic Land Law.
The objectives of the Land Use And Development Master Plan in general are to
provide indications on realistic possibilities of land development, and to constitute
useful tools for decision making for procedures and local administrators in the aim of
adopting land use in their real aptitudes or potentials and plans for infrastructures and
equipments to set up and develop in order to facilitate sustainable exploitation of land
resources. The overall objective of the Plan is to bring a spatial dimension to the
selection of strategic options in agricultural development, food security and land
tenure security to enable potentials to be mapped, regional disparities to be seen and
to guide development strategies at National and District level (TOR SDUTA).
Within efforts of this inventory as requested by its terms of reference, consultations with
corresponding line institutions such as the National Land Center (NLC), National
Forestry Authority (NAFA), Projet d’Appui Forestier au Rwanda (PAFOR), Ministry
of Agriculture (MINAGRI), Ministry of infrastructure (MININFRA) and the District
Authorities were carried out and different data banks pertaining to the inventory were
visited. Specific reference was put on wetlands, lakes and rivers and forests, as well as
both public and private ownerships. Secondary data was collected through consultation
and analysis of specific documents such as the Organic Land Law, the Land
Registration Order, the National Land Tenure Program and the District Development
Plans. A field survey was conducted to carry out interviews with the District Land
Officers, Agricultural Officers and officers in charge of Environment and Natural
Resources whose responsibility fall under land use and management.
The inventory of land tenure categories covered the whole country, 30 districts and
relevant government agencies, looking at state, district, and individual land, the
general conclusion is that the state land public and private domain, such as wetlands,
forests, public buildings is not recorded in any registry, whereas about 7, 500 parcels
are registered under individual tenure. This may be compared to the 7.9 million
parcels needed to be registered country wide in the Land Tenure Regularisation
(LTR).
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Draft Report on the Inventory of Land Tenure Categories
The organic law defines different land tenure categories in its articles 9-18.
Which are:
1. State land (public and private)
2. District, Town and Municipality land(public and private) and City of Kigali
land
3. Individual land
An inventory and maps of these land tenure categories shall be created.
These categories of lands shall be inventoried, measured and put on a map to allow
decision makers to make good planning of relevant land resources.
Field consultations on land tenure in urban and rural settings reveal that land tenure
reforms as envisaged under the OLL would guarantee land rights for vulnerable groups
especially women. It will also facilitate buying and selling of land, which will create an
active market economy for all land transactions, which is a key objective of the OLL, to
make it easier to record land sales in a way that transfers land rights securely.
The findings of the inventory of land tenure categories on public and private state land
indicates that land tenure categories are virtually known by location, size and usage, but
there is no registry or authentic document that show security of tenure for state and
district land apart from a few individual or private land entities that hold title deeds.
Land tenure categories in terms of percentile are, therefore, impossible to establish at
present due to lack of records regarding registration of land parcels under the three
tenure categories.
Plans have been prepared and funds have been allocated to the Land Tenure
Regularisation programme (LTR) so that all the individual parcels will be properly
registered by 2013.
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Draft Report on the Inventory of Land Tenure Categories
1 Situation Today
Secure land tenure and property rights are fundamental to shelter and livelihoods, and a
cornerstone for the realisation of human rights and for poverty reduction. Secure land
rights are particularly important in helping reverse gender discrimination, social
exclusion of vulnerable groups, and wider social and economic inequalities linked to
inequitable and insecure access to land.
It is now well-recognised that secure land and property rights for all are essential to
reducing poverty, because they underpin economic development and social inclusion.
Secure land tenure and property rights enable people in rural and urban areas to invest
in improved homes and livelihoods. They also help to promote good environmental
management, improve food security, and assist directly in the realization of human
rights, including the elimination of discrimination against women, the vulnerable,
indigenous groups and other minorities (UN-HABITAT-Secure land tenure.)
Land tenure is defined as the terms and conditions on which land is held, used and
transacted.
Rules of tenure define how property rights to land are to be allocated within societies.
They define how access is granted the rights to use, control, and transfer of land, as
well as associated responsibilities and restraints. In simple terms, land tenure systems
determine who can use what resources for how long, and under what conditions.
(FAO website).
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Draft Report on the Inventory of Land Tenure Categories
Until the enactment of the Organic Land Law in 2005, land rights in Rwanda were
effectively divided between the majority who held land under a customary or informal
rights and a minority who had titles issued under the civil code introduced by the
colonial era. With the OLL, the Governments priority objective is to eliminate this
division so that all Rwandans hold their land under one unified legal and administrative
tenure system defined by the OLL and its associated orders and laws. This presents a
radical and significant reform in land administration, land tenure and development in
Rwanda, especially property rights under written law extending to all lands in Rwanda
including customary land.
Under the civil code, Rwanda had a dual system of land tenure in which the majority of
land was governed by the customary law. Some land, mostly urban land, was held under
the written law by individuals and corporations either as tenants or long term leases or
title deeds, under this management only a minority held legal documented titles to land.
After the OLL was enacted in 2005, there followed an administrative reform in Rwanda,
where for the case of Kigali City districts were reduced from eight to three, and prior to that
land registration and titling was under the mandate of the Mayor of Kigali City, when the
organic law came into force, the mandate of the registry of land titles was given to the
National Land Centre. With all these happening, considerable data regarding the existing
registry records were misplaced, mismanaged and to a large extent damaged and lost. This
situation, therefore, made it difficult to know the category of tenure that were registered at
each level. The poor custodianship of land registration and titling in Rwanda before the
organic land law has to a great extent lead to lack of information regarding to different land
tenure categories. For example, the individual land tenure is the most dominant category in
Rwanda, but the figures got from the registry at the National Land Centre are very few
compared to the existing situation.
The Ministry of Natural Resources has developed a ‘Strategic Road Map’ (SRM) for the
National Land Tenure Regularization Programme, with 7.9 million parcels to be
registered, demarcated and adjudicated.
This has been regarded so far as the largest land tenure regularization project in
Rwanda. The programme has been planned to be executed in two phases from 2007 to
2011.
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Draft Report on the Inventory of Land Tenure Categories
The table below shows the programme plans for LTR and land tenure registration,
which will provide concrete data to map land tenure categories in Rwanda.
Table 1: Land Tenure Regularisation Programme (2008-2011)
Phase Phase II
I
Actual N0 Ave. N0 of
of parcels N0 of cells Cells completed Total cells
Province
parcel completed
s per
cell 2007 2008 2009 2010 2011
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Draft Report on the Inventory of Land Tenure Categories
The Organic Land Law stipulates in its articles 9-18 three categorizes of land ownership
in Rwanda: State Land, District Land and Individual Land.
Private State owned land: Private state land consists all the land that is not included in
state land reserved for public activities infrastructures and land that does not belong to
district, City of Kigali, towns and municipalities or individuals. The following is
included in private state land:
• Vacant land, which includes land that has no owner and the land that was
retaken by the state in respect to confiscation mentioned in article 75 of the
organic law;
• State land previously occupied by public activities but which was excluded in
that category according to law,
• Land purchased by the state, obtained through donation or land acquired
through expropriation due to public use; and,
• Swamps that may be productive in terms of agriculture and land occupied by
state owned forests.
The Minister having Land in his or her attributions may delegate powers to the
authorities of the district, town or municipality or City of Kigali to manage that land
(OLL 2005).
The District, Town or Municipality and the City of Kigali land that compose the
public domain; District, Town or Municipality and the City of Kigali land which make
up the public domain consists of the following: [District, town or municipality land
reserved for public activities land on which structures of district, town or municipality
services and activities are carried out, District, town or municipality feeder roads and
their edges and land for collective settlements.]
The Private District, Town or Municipality and the City of Kigali land; District,
Town or Municipality and the City of Kigali land not reserved to be used for public
activities or structures of District, Town or Municipality and the City of Kigali services
shall be considered as private District, town or municipality and the City of Kigali
owned land (OLL 2005).
The Organic Land Law, in its section four, articles 16-17 spells out District, Town and
Municipality land. Towns and Municipalities in Rwanda do not have any authority or
influence on land management and administration, but the District authorities under the
District Land Office and the District Land Commissions have the mandate and are the
custodians of land management and administration in Rwanda. Therefore, the present
inventory suggests a simplified nomenclature in this respect as indicated in table 1.2.
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Draft Report on the Inventory of Land Tenure Categories
Table 1.3: Land Use Classes and their predominant Tenure Categories
It should be noted that the majority of individual land is held on long term lease. The
change of use and development control will be based on the conditions of the leases
issued.
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Draft Report on the Inventory of Land Tenure Categories
2 Findings
Consultations with government agencies and district authorities indicate that state and
district land tenure is known by its location and by its approximate area coverage.
However, there are no records or archives that indicate the tenure categories of these
properties found in any registry where similar data could be found. Swamps and forests
are the dominant state property with open land which is occupied by individuals.
State and district land tenure is covered by forests, marshland/swamps, rivers, lakes and
plain land, which is settled on by a population who acquired it through illegal means
mainly because there were no laws defining those categories of land and their
management. What is clear is that the organic land law is in place, the law on wetlands
and their management has been approved and the draft forestry law is being debated.
All these legal instruments will streamline the registration of state properties both at
national and district levels, hence defining different categories of land tenure in
Rwanda.
[Projet d’Appui Forestier au Rwanda (PAFOR), (Forestry Support Project of Rwanda ) under
the National Forestry Authority (NAFA), have financed districts to develop the District
Forestry Development Plans (Plan d’Amanagement Forestier de District PAFD) for a five year
period, with the main objective of looking at the contribution and development of forestry at
national level and the development of the forestry sector at the district level as well as other
different functions from forestry, with an aim of efficient and effective management of forestry
resources in Rwanda.]
The district forestry development plans have detailed forestry resources up to the sector level
by defining its location, size and also their coordinates using GPS. The tenure was classified
under three categories: state forests, district forests and individual forests. A total of 125,557
hectares were inventoried representing close to 8.7% of the total land surface area, with 30%
under state tenure, 11% under district tenure, whereas 58.9% is under individual ownership as
shown in the chats below.
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Draft Report on the Inventory of Land Tenure Categories
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Draft Report on the Inventory of Land Tenure Categories
The map above (figure 1) indicates tenure categories for state public land, district land
and individual land under forest cover by province in Rwanda. Each graph represents a
province on the map. The above figures are exclusive of national parks and buffer
zones. What is evident is that, forest cover is small compared to the total area in relation
to other tenure categories. For example, individual tenure for which we do not have
sufficient data.
In preparation for the systematic land registration, the district land offices in
conjunction with the district land commissions are currently carrying out an inventory
on all land use categories to ensure the tenure. Many people claim to have settled on
state land without knowing whereas others claim to have been given the land by past
local leaders, ie ‘Burgomasters and Counseilles’. Considerable hectares of land
occupied and cultivated by residents have been identified and the occupants have been
informed about the status of their tenure.
With regard to wetlands, all wetlands have been categorized under state public domain
land and are under the supervision of Rwanda Environment Management Authority
(REMA). The law was declared by the Ministerial order establishing the organization,
rules of management and use of swamps in Rwanda. The order also establishes a list of
all swamps in Rwanda under the tenure of state public land, as shown under the table
below.
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Draft Report on the Inventory of Land Tenure Categories
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Draft Report on the Inventory of Land Tenure Categories
REMA and Integrated Management of Critical Ecosystems (IMCE) in 2008 carried out
a rapid inventory of national swamps indicating their location, name and surface area.
The inventory indicates the type of wetland, exploitation at national and local level and
mapped as well as indicating protected and non protected wetlands.
[The total numbers of wetlands inventoried are 260,266 hectares representing 10.6 per
cent of the total surface area of the country, with 56,118 ha of protected wetlands and a
total of 206,731 ha of unprotected wetlands, 41 per cent of the surface area of wetlands
inventoried are covered by natural vegetation while 53 per cent is used for agricultural
activities.] 101 lakes covering a surface area of 149,487 ha and 861 rivers covering
6,462km were also inventoried. (REMA – IMCE 2008)
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Draft Report on the Inventory of Land Tenure Categories
3 Way Forward
None of the towns in Rwanda has any databases available to aid in decision making.
This is a reality affecting acquisition of public land, land registration, status of the real
estate market, land requirements for housing and economic activities, estimated costs of
expropriation/land compensation, etc.
Furthermore, specialized data relating to the functions and activities of urban
settlements are not available, with respect to their economic potential, their location in
national and regional context and their relationship with the urban network vis-à-vis
urban and rural areas (National Urban Housing Policy 2008).
With the upcoming land tenure regularization program and systematic land registration
and titling, the process will streamline land tenure categories by registering each tenure
as classified by the organic land law. Currently there is little registration of land tenure
categories despite the fact that state and district land tenure are known by location size
and usage. Individual land tenure is registered with a negligible number of people
owning land titles. The solution, therefore, shall be provided through systematic land
tenure registration, regularization and titling program, the main objective is to record all
existing rights in land and clarify their status under the OLL. Valid rights can then be
converted into a form that is recognised under the OLL and registered. Just as the
individual land holder will be required to clarify his/her rights in land through the Land
Tenure Regularisation (LTR) process, the State also has an obligation to do the same.
Sound land policies should protect people from forced removals and evictions, [or
where displacement is determined by legitimate processes as necessary for the greater
public good and is carried out in conformity with national and international norms,]
ensure that people have access to adequate compensation.
Another critical dimension is ensuring gender equality, because women face such
widespread discrimination in questions of land and property. Yet when women enjoy
secure and equal rights, everybody benefits. Also, a secure land rights for all citizens
contributes to conflicts reduction and improvement in environmental management as
well as household living conditions.
Detailed maps related to the land tenure categories in regard to the present inventory are
not detailed because data on individual land tenure could not easily be available.
[Therefore, the National Land Tenure Project after the exercise of land registration and
titling, the data shall be the basis of producing accurate maps of different land tenure
categories in Rwanda, hence tools for decision making and planning relevant to the land
resources.]
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Draft Report on the Inventory of Land Tenure Categories
The map below (figure 1.2) gives a comprehensive overview of the current knowledge
of land tenure in a wide perspective. Referring to the relationship between land use and
land tenure, the map illustrates the predominant land tenure categories. As more data
will be captured, LTR will provide a successively more precise picture of the situation.
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Draft Report on the Inventory of Land Tenure Categories
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Draft Report on the Inventory of Land Tenure Categories
4 Appendix
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Draft Report on the Inventory of Land Tenure Categories
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Draft Report on the Inventory of Land Tenure Categories
Reference List
MINIRENA. 2004. National Land Policy. GOR
MINIRENA. 2005. Organic Land Law (OLL) Determining the use and management of
land in Rwanda. GOR.
MINIRENA. 2006. Presidential order determining the structure, the powers and the
functioning of the office of the Registrar of Land Titles.
MINIRENA. 2004. Forest policy. GOR
MINIRENA. 2008. National Land Tenure Reform Programme, (NLRP) Strategic Road
Map for Land Reform. DFID, HTSPE.
MINIRENA. 2009. Draft Ministerial order establishing the organisation rules of
management and the use of swamps in Rwanda.
MININFRA. 2008. National Urban Housing Policy for Rwanda. GOR
MINALOC. 2008. District Development Plans (DDP) 2008-2012.
MINIRENA. 2008. District Forestry Management Plans 2008-2012.
MINECOFIN.2007. Economic Development and Poverty Reduction Strategy for
Rwanda.
NISR. 2008. Rwanda Development Indicators 2006 National Institute of Statistics of
Rwanda. Kigali
MINIRENA. 2008. Project De Gestion Integree des Ecosystems Critiques,(INITERE –
REMA- IMCE) Etablissement d’un inventaire national rapide du marais et elaboration
de 5 avant projets d’arretes Ministeriels relatifs aux marais. Rapport final modules 1 et
4. SHER Ingenieurs-conseils s.a, I- Mage consult, WES Consult
UN-HABITAT. 2009. Secure Land Tenure and Property Administration.
<http://www.unhabitat.org/landtenure.
FAO. 2009. Land tenure. Access and tenure of natural resources
<http:// www.fao.org/nr/tenure.
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