Land tenure in Angola
Encyclopedia
The system of land tenure
in Angola was adressed by the 2004 land act. While the land act is a crucial step towards normalization of land ownership in post-war Angola
, some problems such as competing land claims, land grabbing
and the unresolved status of customary land
tenure persist.
The recent land reform
in Angola
took place after the Angolan Civil War
had ended in 2002. After two years of preparation, the land law ('Lei de Terras de Angola) was passed on 18 December, 2004. Amongst others, this law included a formal possibility of transforming customary land rights into legal rights . During the civil war, a clear system of land rights was largely absent, so it was one of the most urgent tasks to have them re-establish in the immediate post-war time. Access and entitlement to land were seen as a key point in the Angolan recovery process. This is especially relevant as two thirds of Angolans work in agriculture
and are thus directly dependent on land rights . One of the main tasks of the new land laws was to protect people from evictions, which had frequently taken place during the colonial period as well as during the civil war, largely due to unclear land rights . Nevertheless, some people doubt whether the land reform has been able to fully address the challenges, which is seen by some as related to the insufficient overall accountability of Angola’s government .
It is estimated that the Angolan Civil War
resulted in a total of 4.1 million internally displaced persons (IDPs) . This posed a major problem of land distribution, because it led to a situation in which often competing land claims existed between IDPs who relocated to the land during the conflict, and others who had owned the land in the pre-war period . Another challenge to land rights is constituted by land grabbing
. This process set in in the last years of the war, as big areas of fertile land, which had once been the territory of pastoralists and their herds, were grabbed by a new wealthy class of land owners, which were often either connected to or part of the government In the recent years, several additional deals between multinational corporations or foreign governments and the Angolan government have been agreed on. Even now, most of the land in Angola is still owned by 'custom', which means that people have no documents to prove that they own the land. As the situation of customary land
tenure is still very ambiguous, those who claim their land on the basis of customary law are vulnerable to arbitrary actions perpetrated by the state. Amongst others, this situation led to numerous forced evictions, particularly in the capital city Luanda
.
Land tenure
Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to "hold" the land . The sovereign monarch, known as The Crown, held land in its own right. All private owners are either its tenants or sub-tenants...
in Angola was adressed by the 2004 land act. While the land act is a crucial step towards normalization of land ownership in post-war Angola
Angola
Angola, officially the Republic of Angola , is a country in south-central Africa bordered by Namibia on the south, the Democratic Republic of the Congo on the north, and Zambia on the east; its west coast is on the Atlantic Ocean with Luanda as its capital city...
, some problems such as competing land claims, land grabbing
Land grabbing
Land grabbing is the contentious issue of large-scale land acquisitions; the buying or leasing of large pieces of land in developing countries, by domestic and transnational companies, governments, and individuals. While used broadly throughout history, land grabbing as used today primarily refers...
and the unresolved status of customary land
Customary land
Customary land is land which is owned by Indigenous communities and administered in accordance with their customs, as opposed to statutory tenure usually introduced during the colonial periods. Common ownership is one form of customary land ownership....
tenure persist.
The 2004 land reform
The recent land reform
Land reform
[Image:Jakarta farmers protest23.jpg|300px|thumb|right|Farmers protesting for Land Reform in Indonesia]Land reform involves the changing of laws, regulations or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution,...
in Angola
Angola
Angola, officially the Republic of Angola , is a country in south-central Africa bordered by Namibia on the south, the Democratic Republic of the Congo on the north, and Zambia on the east; its west coast is on the Atlantic Ocean with Luanda as its capital city...
took place after the Angolan Civil War
Angolan Civil War
The Angolan Civil War was a major civil conflict in the Southern African state of Angola, beginning in 1975 and continuing, with some interludes, until 2002. The war began immediately after Angola became independent from Portugal in November 1975. Prior to this, a decolonisation conflict had taken...
had ended in 2002. After two years of preparation, the land law ('Lei de Terras de Angola) was passed on 18 December, 2004. Amongst others, this law included a formal possibility of transforming customary land rights into legal rights . During the civil war, a clear system of land rights was largely absent, so it was one of the most urgent tasks to have them re-establish in the immediate post-war time. Access and entitlement to land were seen as a key point in the Angolan recovery process. This is especially relevant as two thirds of Angolans work in agriculture
Agriculture
Agriculture is the cultivation of animals, plants, fungi and other life forms for food, fiber, and other products used to sustain life. Agriculture was the key implement in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that nurtured the...
and are thus directly dependent on land rights . One of the main tasks of the new land laws was to protect people from evictions, which had frequently taken place during the colonial period as well as during the civil war, largely due to unclear land rights . Nevertheless, some people doubt whether the land reform has been able to fully address the challenges, which is seen by some as related to the insufficient overall accountability of Angola’s government .
Challenges for land issues
It is estimated that the Angolan Civil War
Angolan Civil War
The Angolan Civil War was a major civil conflict in the Southern African state of Angola, beginning in 1975 and continuing, with some interludes, until 2002. The war began immediately after Angola became independent from Portugal in November 1975. Prior to this, a decolonisation conflict had taken...
resulted in a total of 4.1 million internally displaced persons (IDPs) . This posed a major problem of land distribution, because it led to a situation in which often competing land claims existed between IDPs who relocated to the land during the conflict, and others who had owned the land in the pre-war period . Another challenge to land rights is constituted by land grabbing
Land grabbing
Land grabbing is the contentious issue of large-scale land acquisitions; the buying or leasing of large pieces of land in developing countries, by domestic and transnational companies, governments, and individuals. While used broadly throughout history, land grabbing as used today primarily refers...
. This process set in in the last years of the war, as big areas of fertile land, which had once been the territory of pastoralists and their herds, were grabbed by a new wealthy class of land owners, which were often either connected to or part of the government In the recent years, several additional deals between multinational corporations or foreign governments and the Angolan government have been agreed on. Even now, most of the land in Angola is still owned by 'custom', which means that people have no documents to prove that they own the land. As the situation of customary land
Customary land
Customary land is land which is owned by Indigenous communities and administered in accordance with their customs, as opposed to statutory tenure usually introduced during the colonial periods. Common ownership is one form of customary land ownership....
tenure is still very ambiguous, those who claim their land on the basis of customary law are vulnerable to arbitrary actions perpetrated by the state. Amongst others, this situation led to numerous forced evictions, particularly in the capital city Luanda
Luanda
Luanda, formerly named São Paulo da Assunção de Loanda, is the capital and largest city of Angola. Located on Angola's coast with the Atlantic Ocean, Luanda is both Angola's chief seaport and its administrative center. It has a population of at least 5 million...
.
Further reading
- Robson, P. (2006). What to do when the fighting stops: challenges for post-conflict reconstruction in Angola. Luanda: Development Workshop. ISBN 978-0-9688786-7-5
- Hodges, T. (2001). Angola: from Afro-Stalinism to Petro-Diamond Capitalism. Bloomington: Indiana University Press. ISBN 978-0253214669