DRC: a law to secure small farmers in Haut-Katanga

2023-07-18 22:03:58

In the DRC, after a year of advocacy by the Catholic Church, for the first time, the peasants and villages of the province of Haut-Katanga are secure against the expropriation of agricultural land and relocations for the benefit of miners and large farmers. The provincial assembly passed a local law at the end of June. This determines the agricultural land, sets the acquisition procedure and the rules to be followed in the event of conflict or the relocation of communities.

From our correspondent in Lubumbashi,

In the province of Haut-Katanga, 70% of the rural population lives from agriculture. But these farmers often lose their land due to the expansion of either the mining sector or the real estate sector.

For the Catholic Church, which initiated this law, it was necessary to protect these family farmers. ” It is an initiative that consists in protecting farmers from the despoliation and land grabbing by powerful people who come from the city and who exploit the land of the villagers without taking into account their rights. “Explains Monsignor Fulgence Muteba, Archbishop of Lubumbashi.

Creation of an agricultural cadastre

Among the innovations of this law: the creation of an agricultural cadastre. Inspectors from the agriculture and land use planning department will classify land. Those devoted to agricultural exploitation and those intended for mining or real estate exploitation. The terms will be defined at creation.

For Lucienne Buhendwa, a farmer, it is already a victory. ” Thanks to the agricultural cadastre, it is now possible to have a cartography of the farmers and the cultivated areas. Thus, we can no longer be expropriated just anyhow. And in case the government wants to subsidize us, it will be easy for them to locate us and even follow up “, she says.

Areas of protected villages

Another innovation: the land acquisition procedure is simplified. It will be necessary to make the request to the customary chief. The peasant will be able to obtain a title at a lower cost, because the cost of the land title is very high, explains agronomist David Kondo. ” Someone can have 20 or 30 hectares and the cost of legal documents is over $5,000. This is exorbitant compared to their income. And to avoid losing everything, some farmers sell their land and go buy elsewhere, far from their village. »

This new law should allow villages, often victims of relocation for the benefit of mining operators, to take legal action, because their areas are now protected. “ In the DRC, our villages have no legal status “, explains Jeff Mbiya, researcher in mines and environment. ” However, most mining contracts are signed in Kinshasa, sometimes studies on vacant land are not carried out. We protect the land that will be used as arable land. When another claimant arrives, it may be a miner, it will be difficult to expropriate or relocate the community as the area is already secured. »

Finally, civil society organizations say they are ready to support farmers in the event of a legal dispute.

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