Access to Land - D.R. Congo

Access to land in the DRC

All land and natural resources belong to the state. Nevertheless, according to several studies, access to 97% of the country's land and natural resources is subject to community-traditional land tenure systems.

The law does not mention any restrictions, gender-based or otherwise, on the right to enjoyment of land. However, in practice, few women gain access to this right firstly through ignorance of the procedures - registration certificate - low income, legal constraints such as the legal incapacity of married women and the obligation to marital authorization.

Evolution of laws governing access to land in the DRC

The promulgation of the Bakajika law in 1966 and the land law in 1973 gives the State exclusive bare ownership of the soil and subsoil. However, the amended land law of 1980 nº80/088 grants the customary authority the prerogative of the right of enjoyment - usufruct.

Law No. 11/022 of December 24, 2011 on fundamental principles relating to agriculture, implicitly addresses the issue of equitable access to land of which rural women are victims. The law takes into account the international instruments relating to the conservation and use of plant genetic resources as well as the protection of the environment.

The law also provides for the creation of a National Fund for Agricultural Development in the process of becoming operational in the coming days.

Law No. 11/022 of December 24, 2017 provides for the establishment of an agricultural cadastre, which would require the reform of Law No. 73-021 on the general property regime, land and real estate regime and securities regime such as as amended by Law 80-008 of July 18, 1980.

The land law drafted according to article 14 and 14bis of the Constitution stipulates that the soil and the subsoil are the inalienable property of the Congolese State.
In addition to land distributed by the State in the form of agricultural, forestry or industrial concessions as well as reserves, protected areas and land between the limits of urban and extra-customary centers (towns and cities), all other land remains governed by customary land tenure. In other words, in rural areas, apart from the chief towns of the territories, the land is managed by the customary chief (clan, tribe, village); the group (clan, village) shares the space and the households use it. Thus, despite the abundance of agricultural land, its distribution remains unequal due to land rights marked by customs which confer on traditional chiefs the ownership of vast areas, often with vague boundaries. The application of the law on land tenure in rural areas is still far from being effective.
The law on the fundamental principles of agriculture gives equal access to men and women (article 10). Indeed, the State, the province and the decentralized territorial entity implement any measure intended to guarantee equitable access to agricultural land, the securing of farms and farmers, the promotion of public and private investments. and the sustainable management of land resources.

In rural areas, the modes of access to land vary according to the family relationship with the clan chief. Furthermore, the application of Law No. 73 of July 20, 1973, as amended, on the general property regime, land and real estate regime and security regime, deals with the issue of rural land for agricultural and pastoral purposes.

Gender and land in rural areas

Being married enables a woman to be granted rights to use land that once belonged to her partner after his death. Although statistically insignificant, marital status influences access to land since being married allows access to land. Widows have more access than single people because they have been married. Nevertheless, polygamy reduces the chances of gaining access to land, given that the land may already be used by another household or that the man who has to meet the needs of several households does not have the means to obtain a field. . Household size also significantly explains access to land. Indeed, the higher the number of household members, the more the head is encouraged to find land to be able to feed his family through agriculture or livestock. In addition, some household members may contribute to the acquisition of land to cultivate for the good of the family.

Indeed, due to a lack of education, women in rural areas know less about administrative and legal procedures in land matters and are less equipped to claim or protect their rights.

According to FAO statistics, more than 95% of rural women work in agriculture, compared to 63.8% for men. Women represent 60% of the agricultural labor force, 73% of the farmers and they produce 80% of the foodstuffs intended for family consumption.

Procedure for the acquisition of agricultural, industrial and forestry concessions

The right to use a land fund is called a “concession”. It is legally established only by a certificate of registration of the land granted by the State. It is unassailable after 2 years from its establishment.

There are two types of concessions:

• Perpetual concession, reserved for Congolese (without time limit);
• Ordinary concessions, accessible to Congolese and foreigners (for a period of 25 years renewable without limitation)

The process of rural land acquisition by urbanites around
of large cities involves different actors through
various procedures. The categories of players involved are the
village chiefs, concessionaires and land administration (most often real estate titles and cadastres). The chief of the village is the customary authority mainly concerned. The latter decides on the sale of land in collusion with
the elders, after community consultation.

Indeed, apart from the particularity in certain cases, it should be emphasized that in most cases, the land administration intervenes only in last position, that is to say after the customary chiefs have granted land. urban applicants.