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Land Legal Reforms

HAKIARDHI engage in analyzing around policies, laws, bills, regulations, declarations, administrative orders and national and International programmes which deal with the administration and conflicts resolution of land and natural resources for the interests of the rights of small-scale producers and marginalized groups. Analyses are conducted collectively by HAKIARDHI and other like-minded organizations as a strategy for effective lobbying and advocacy.

HAKIARDHI began to engage with the land legislation soon after it was established in 1994 until the new laws were enacted in 1999 and came into force in 2001. When the debate started in 1994, most CSOs were generally weak and inexperienced in policy matters because the country had just opened up for political pluralism in 1992. The general public was also apathetic due to effects of the mainstream politics. This was one of the biggest barriers to mobilizing and achieving greater impact in policy advocacy. Those limitations notwithstanding, HAKIARDHI was successful in:

  • Mobilizing the public force to engage with the process through national and zonal workshops, national forums, lobbying and advocacy sessions, media programme and publications.  Such mobilization was made possible through a coalition called the National Land Forum (NALAF) that was initiated and hosted by LARRRI but brought together actors from different walks of life (including pastoral communities, faith-based organizations, academia, trade unions and individuals). NALAF was very instrumental in shaping both the direction of the debates and content of the new laws that were legislated in 1999 as Land Act number 4 and Village Land Act number 5.
  • Generating and sustaining public debates on the new land legislation gives it a diverse view from the mainstream views hence bringing some new dimension on the rights of majority small producers. This resulted in the inclusion and recognition of the customary land tenure system in the law with equal status to the granted rights of occupancy, equal rights between men and women over land and inclusion of land as a Constitutional category into the new land policy of 1995 and review process of the country’s Constitution in 2014.