Land Rights In Africa - Southern Africa: Malawi
Southern Africa
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Malawi
Whose Security? Deepening Social Conflict over ‘Customary’ Land in the Shadow of Land Tenure Reform in Malawi
Source: Pauline E. Peters and Daimon Kambewa (Centre for International Development, Harvard University Working Paper 142)
Summary: Malawi, like other countries in Africa, has a new land policy designed to clarify and formalise customary tenure. The country is poor with a high population density, highly dependent on agriculture, and the research sites are matrilineal-matrilocal, and near urban centres. But the case raises issues relevant to land tenure reform elsewhere: the role of ‘traditional authorities’ or chiefs vis-à-vis the state and ‘community’; variability in types of ‘customary’ tenure; and deepening inequality within rural populations. Even before it is implemented, the pending land policy in Malawi is intensifying competition over land. Discusses this and the increase in rentals and sales; the effects of public debates about the new land policy; a new discourse about ‘original settlers’ and ‘strangers’; and political manoeuvring by chiefs.
Date: March 2007
Download (200K pdf) -Harvard CID website-
A Review of DFID’s Engagement with Land Reform in Malawi
Source: Martin Adams (Mokoro)
Summary: Includes experience with land policy development in the region, the Malawi National Land Policy and its implementation strategy, the emerging land market, social protection and economic growth and DFID’s support to date. Among the options suggested to DFID are a more inclusive project, low cost strategic engagement or withdrawal from the land sector. Argues the need for DFID support for public information and awareness and for civil society organisations. Contains a draft legal brief on customary title in Malawian law as an annex.
Date: 10 December 2004
Download (522K pdf)
HIV/Aids and its Impact on Land Issues in Malawi
Source: Sue Mbaya (Paper presented at FAO/SARPN Workshop on HIV/AIDS and Land, Pretoria)
Summary: Includes introduction, the Malawi context, summary of methodology, summary of findings, recommendations. Argues there is a need to ensure that key laws, policies and development strategies be reviewed to ensure that provisions which marginalize those affected by HIV/AIDS are amended. Need for land administration institutions to grasp the present impact and future implications of the pandemic in terms of their own declining internal capacity.
Date: 24-25 June 2002
Download (88K pdf)
Report on the Malawi Civil Society Conference on Land Reform Policy and Land Law Formulation Process
Source: Sue Mbaya (for Land Rights Network of Southern Africa)
Summary: Contains rationale for the conference, attendance, key issues emerging for discussions, major outcomes, opportunities for LRNSA, the way forward - plan of action for CSOs.
Date: 20-22 March 2002
Download (128K pdf)
Malawi National Land Policy
Source: Government of Malawi (Ministry of Lands, Physical Planning and Surveys)
Summary: This 78-page Policy (replacing with small but significant changes earlier versions) was approved by Cabinet on 17 January 2002. A summary of main policy recommendations is followed by 10 chapters: 1. Introduction; 2. Historical evolution of land policy; 3. Overview of land problems; 4. Land tenure reforms, acquisition and disposition; 5. Land administration and resettlement; 6. Land use planning and development; 7. Surveying, mapping and cadastral plans; 8. Titling, registration and dispute settlement; 9. Environmental management; 10. Inter-sectoral coordination.
Date: 17 January 2002
Download (516K pdf)
Land Reform in a Regional Context: Malawi Experiences
Source: Fredrick Kandodo (Catholic Commission for Justice and Peace)
Summary: Contains background information, historical background, problems that the new Land Policy is addressing, the Policy document, the Land Policy goal, what can we do now that the Policy is with the Cabinet?, appendix.
Date: 4-5 June 2001 (SARPN Conference)
Download (152K pdf)
Recent Experiences of Civil Society Participation in Land Policy Planning in Rwanda and Malawi
Source: Robin Palmer (Oxfam GB Land Policy Adviser)
Summary: Contains the background to the National Land Policy workshops in Rwanda and Malawi in October and November 2000, and discusses civil society involvement prior to, during and after the workshops. Draws comparisons between the two countries and mentions the role of international NGOs.
Date: December 2000
Download (134K pdf)
Report on the Malawian Draft National Land Policy Workshop
Source: Robin Palmer (Oxfam GB Land Policy Adviser)
Summary: Includes background to the National Land Policy workshop, discussions with civil society, and key issues arising during the workshop (the role of chiefs, the sale of customary land, and the sale of land to foreigners). Contains what next? and a postscript on the Ministry of Lands’ assessment and position one month after the workshop.
Date: October 2000
Download (138K pdf)
Final Report of the Presidential Commission of Inquiry on Land Policy Reform
Source: Government of Malawi
Summary: The full Report, covering evolution of land policy and law, overview of land problems, current land tenure systems, systems of inheritance and land administration, settlement of land disputes, towards a new land policy and legal framework, and strategy for policy development.
Date: March 1999
Download (471K pdf)
Executive Summary of the Final Report of the Presidential Commission of Inquiry on Land Policy Reform
Source: Government of Malawi
Summary: Provides brief summary of the 9 chapters of the full Report (see above).
Date: March 1999
Download (80K pdf)
Mokoro is pleased to host the ’Land Rights in Africa’ site as a contribution to the land rights dialogue. The findings, interpretations and conclusions expressed in the papers presented in the Land Rights in Africa pages are entirely those of the authors and do not necessarily reflect the views of Mokoro. Mokoro cannot guarantee the accuracy of the data included in the documents.