Remaking Rwanda: State Building and Human Rights after Mass Violence

16. The Presidential Land Commission: Undermining Land Law Reform

252  16 The Presidential Land Commission Undermining Land Law Reform chris huggins Introduction Rwanda is in the midst of major land tenure reform involving significant donor support. A land policy gained cabinet approval in 2004, a land law was promulgated in 2005, and a pilot land registration project in four cellules ended in mid-2008 (NLTRP 2008). Nationwide land registration commenced in June 2009 and major changes to agricultural production have recently been effected in many parts of the country through implementation of the agricultural policy. A number of recent studies have raised concerns about the potential impacts on human rights, food security, and socioeconomic stability . Critics argue that implementation of the law and policies could result in greater inequality, increased landlessness, and significant sociopolitical tensions (see, e.g., Des Forges 2006; Pottier 2006; Musahara and Huggins 2005; Ansoms 2009). This chapter focuses on an underexamined aspect of the land question in Rwanda: the role of official government commissions in redistributing land. In particular, the chapter looks at the recent Presidential Commission on Land in Eastern Province, which offers a useful indicator of government attitudes toward land issues in Rwanda. The commission, which was established di- C h r i s H u g g i n s 253 rectly by President Paul Kagame and staffed by high-ranking military officers and government officials, had little oversight or influence from international donor agencies. The commission’s land redistribution shows that Rwandan elites lack commitment to a transparent and equitable land reform and registration process, and are able to ignore national laws to benefit themselves and their allies. The chapter begins with a brief discussion of how land reform is vitally important to rebuilding post-conflict states. It then explains the role of land tenure in Rwanda’s conflict dynamics. Next it provides a condensed overview of the current land law and policy, and their implementation (up to October 2009). The remainder of the chapter looks at the workings of the Presidential Commission. Land Reform in the Global South Land tenure and land use policies are of central importance to governance and state-building in many developing countries, particularly those recovering from conflict and/or prolonged authoritarian rule (Huggins 2009b). The immediate post-conflict period is often characterized by a spate of land-grabbing by those in positions of power. Land-grabbing may exacerbate local grievances, create a climate of “winner-takes-all” politics, and threaten the long-term stability of the country. Population movements, especially forced displacements associated with conflict, often result in complex land disputes between original land users and “secondary occupants.” Land laws and policies may be outdated, inappropriate, or discriminatory. Consequently, many post-conflict interventions in the land sector focus on strengthening existing dispute-resolution mechanisms at the local or national level, as land disputes usually represent the majority of cases in both customary systems and state courts. This may strengthen the “rule of law,” but it also may alter the balance of power between local actors (e.g., land users, customary leaders, and local authorities) and the central state. In some cases, land reform is designed to undermine local-level “competition” to central state power and increase the extent and depth of state control (Herbst 2000). Governments and international donors have increasingly focused on land law reform, which alters tenure systems without necessarily redistributing land (Manji 2006, 80). They often perceive land tenure insecurity as an obstacle to economic development (particularly, foreign investment) and view systematic land registration as key to improving land tenure security and resolving land conflicts. However, evidence from many countries demonstrates that land 254 T h e P r e s i d e n t i a l L a n d C o m m i s s i o n registration programs cause many people who enjoyed user rights and other so-called secondary rights under customary systems to lose out while the heads of household benefit (Van Banning 2002, 345). Women, in particular, often do worse as their husbands or male relatives gain titles (Meinzen-Dick and Mwangi 2008). Studies in Central and South America suggest that land titling disproportionately benefits large-scale farmers and reinforces existing inequalities (Baranyi, Deere, and Morales 2004). Land commissions are often established as part of broader reform efforts. Commissions vary...