Public dialogue before the land tenure regularization process
As part of our work on land tenure reform near the Volcanoes National Park in Rwanda, we have compiled the findings from the public dialogue and awareness programme which we conducted in three cells of Musanze District. This task was delivered in partnership with the National Land Centre (NLC). The exercise preceded the registration of land titles of the residents in the three cells bordering the park, conducted by NLC as part of the national Land Tenure Regularization Programme (LTRP).
The overall objectives of the CARE facilitated programme were:
1. to assist and enhance capacity of local institutions in the target area involved in land awareness and land dispute /conflict management in impartial and resourceful approach; and
2. to raise public awareness about the law governing land rights and dispute/conflict resolution mechanisms.
The programme was undertaken as a pilot activity to develop and test a model of awareness raising and public dialogue on the LTRP and land rights. It was delivered in close collaboration with NLC and local authorities (District, Sector and Cells) and in partnership with a local Rwandan NGO, the Rural Environment and Development Organization (REDO).
This model included a set of events and activities to raise public awareness about the LTRP, land rights as established under the Rwandan legal framework and land dispute resolution options at grassroots level. These activities included village level meetings, the display of a documentary film, focus group discussions (FGDs) with community representatives, and radio broadcasts. A separate report covers the technical capacity building activities targeting local officials and delivered before this set of public dialogue activities.
FGDs targeted landless residents, widows, women with husbands in jail, women involved in polygamous marriages, orphans / orphans head of household, people living with disabilities, recent repatriates and historically marginalized people. Three FGD sessions involved 66 people from these categories. We also organised 25 village meetings: these were open to all residents and saw the participation of 1,951 people (ca. 20% of the adult population).
The events provided opportunities to collect views from the populations on factors affecting land rights within their local context, and to engage in dialogue about the provisions of the legal system and of the forthcoming LTRP.
The dialogues highlighted the following key issues of concern to the local residents:
• Overall land availability has been declining dramatically due to unrelenting population growth in the area.
• Land tenure discussions were dominated by the concern surrounding the fact that virtually all people who owned land in the area, do so on the basis of an out-grower scheme dating back from the ‘60s. Tenure rights under this scheme were disputed at the time of our exercise.
• Participants indicated that 80% of local conflicts are land related; and these are mostly related to inheritance.
• The issue of the recent returnees’ access to land also looks prominent with regard to the LTRP; the discussions stressed that in those cases, whenever known ancestral rights to land are not recognised (which is not always the case), these should be addressed during the registration process. If these local discussions would not yield, cases should be referred to the Abunzi.

A moment of the public dialogue on land tenure.
• Land rights of women were the major issue of attention. This related to a set of issues, including the custom of polygamy, which is very common in the area. In addition: (a) most marriages are not formally registered and most participants seemed aware that if a marriage is not registered, the wife would have problems in having her share of family land recognised; (b) customary biases in favour of male children denied girls rights over an equitable share of family land; (c) lack of protection of women’s inheritance rights for old cases pre dating the 1999 Inheritance Law (d) widows from non legally recognised or polygamous marriages; (e) several case studies brought to the fore the fundamental implications of the local understanding of women rights (or lack of it) under the law, as a common cause of conflicts with relatives, especially for widows.
• Disputes or concerns associated with polygamy refer both to rights of women engaged in polygamous relationships and those of the children born from them. Women in this condition appeared well aware of their weak position with respect to rights over family land. Yet, they were often very vocal in advocating for the rights of their children. Many women were rushing or fighting for registering their marriage, ahead of the LTRP. Yet, they feared that polygamy may prevent many of them to succeed.
• Entrenched customary biases affect inheritance rights of children. Widows and women in the dialogues highlighted that when it is time to transfer land through inheritance or Umunani, fathers tend to donate land to male children.
• Orphans were particularly uncertain of their rights under the law and expressed concerns related to potential abuse of influence by family members. Uncertainties were also associated at times with their dealing with local government authorities. Orphans from couples nor formally married were also a common case of concern:
• Participants discussed manners and channels to solve land tenure disputes. They generally acknowledged that local informal solutions prevailed in all the most common situations: these involved the role of extended family relations; local officials (village or cell) and eventually the Abunzi (mediators). Few cases ever go to court and local people prefer to resolve disputes locally.
• The dialogues listed the following dispute resolution problems: poor knowledge of land rights (especially of orphans and widows) among family members; and cases of overriding influence by wealthy parties or corruption biasing the local mediators.
• Participants acknowledged the lack of avenues locally to voice their concerns with particular regard to the rights of women not legally married and/or in polygamous relationships. No advocacy channel or organisation active locally was recognised in this regard.
We have posted the report of these findings in the document section of the website.
After this public dialogue process, NLC undertook the land registration exercise, meant to provide people with their land titles. This exercise is being concluded in the three cells targeted by our preparatory work.
CARE is also undertaking a detailed study in partnership with Landesa and in collaboration with the NLC. This study will assess the immediate impact of the public awareness programme on people’s knowledge and perceptions with regard to land tenure and titling. It will also establish detailed baseline knowledge on how decisions are taken within the families with regard to land ownership.
This whole work is meant to strengthen participation in and understanding of the crucial process of land reform taking place in this densely populated landscape.
Giuseppe Daconto, Regional Programme Coordinator










