MPs adopt bill to reform land tenure in Democratic Republic of Congo
On October 17, 2023, Congolese deputies adopted a bill aimed at modifying and supplementing the land and real estate regime in force in the country. This reform, led by Aimé Molendo Sakombi, Minister of Land Affairs, aims to put an end to legal insecurity, maximize public revenue, digitize land titles and give a role to customary chiefs in land management.
The bill responds to several weaknesses observed in the current land regime, including legal loopholes which create a climate of land insecurity, weak protection of local communities’ land which encourages their grabbing and multiple land conflicts. Minister Molendo is therefore proposing innovations to remedy these problems.
Among the main measures of the bill are the setting of rules for developing and implementing a national land policy, guaranteeing equitable access to land for all. It also expands the real rights recognized in Congolese law, including customary land rights. The bill also provides for rules governing usufruct, use and habitation, as well as a detailed system of land easements.
In addition, the bill prohibits prescription in land and real estate matters, clarifies the regime of ownerless property and sets limits for land concessions. It also strengthens the ban on customs and uses that restrict the access of women, young people and minors to land. The text also provides for the protection of lands occupied by local communities and indigenous peoples, as well as the use of new information and communication technologies to secure land titles.
Since November 2022, the bill has been examined by the Political, Administrative and Legal Committee of the lower house of the Congolese parliament. After almost a year of examination, it was finally adopted by the deputies.
This land tenure reform in the Democratic Republic of Congo aims to create a climate of legal security, to promote rational and sustainable land management and to guarantee equitable access to land for all Congolese citizens. It represents an important step forward in the land and real estate sector of the country and will contribute to the stability and economic development of the DRC.