1.     CONTEXT

1.1     The History of Land Governance in Malawi

Malawi is a landlocked country that lies in the Great Rift Valley. It is flanked by mountain ranges and high plateau areas. Early human inhabitants of Malawi date to 8000–2000 B.C. and were nomadic. Land use was characterized by conquest. The boundaries of Nyasaland (now Malawi) were decided at the Berlin Conference of 1884. During colonial rule, the land was categorized as Crown, Private under Certificate of Claim and Native Trust Land. At independence in 1964, Malawi’s land was designated as public, private, or customary land. In 2016 a new classification was introduced namely; Public Land and Private Land. Customary Land as a classification of land was abolished. Private land in this case includes freehold land, leasehold land and customary estate.

Over the years, Malawi has developed a comprehensive Legal and institutional framework aimed at regulating and providing sound land governance. However, despite the existence of the new and old regulatory frameworks, there is limited or lack of enforcement of these Land Laws, which impacts negatively on the administration and management of land.

1.2     Observations on Land Governance and Land Laws

From various stakeholder discussions, several issues have been raised affecting Land Law implementation. The following were some key observations of Land Governance:

1. The land registration process is complex as well as costly therefore, requires substantive investment
2. Delays in the decentralization of the functions of the Ministry of Lands, Housing and Urban Development to districts have resulted in delayed delivery of land services.
3. Despite legislative and policy reforms, women in Malawi have largely remained marginalized when it comes to land rights.
4. The process of land acquisition in Malawi is bureaucratic. This is a breeding ground for corruption in which clients pay more than a normal price for a service.
5. Political interference in land delivery has negatively affected land governance in Malawi.
6. There is a lack of a comprehensive Land Information Management System. In addition, there is a lack of a comprehensive land profile for Malawi despite being a very important asset to agricultural activities and the economy.

2.     ACTIONS TAKEN

Land Governance is one of the DCAFS thematic priorities under the co-leadership of WB and FAO. As such, DCAFS has undertaken the following actions:

1. Mapping of DP-funded projects to Land Governance and Service delivery was undertaken.
2. Two thematic Land Governance meetings were held in the year 2023.
3. Through the thematic meetings, DCAFS engaged the Ministry of Lands to discuss the implications of the Land Laws (2022 Amendment) and move forward on developing regulations for the Land Laws. In addition, DCAFS engaged MITC to understand the role of MITC in facilitating land access for private sector investment.
4. In May 2023, DCAFS prepared Rolling Talking Points to inform the high-level engagement between the HOC/HOM and various Ministers, an event which was to be hosted by the EU Ambassador to Malawi.
5. Through various projects, DPs are supporting various interventions in the implementation of the Land Laws. The supported intervention focuses on the land registration process, institutional capacity building and gender integration in land tenure.

2.     ROLLING TALKING POINTS

1. Applaud – The DPs applaud the GoM for its oversight functions of the gazetted Land Law (amendment 2022) which among others shall ensure that there is tenure security in the customary land. In addition, the DPs would like to applaud the Government for a consultative process in drafting the regulations to the Land Laws (2022 amendment).
2. Encourage
   1. Land Regulations: There is a need to accelerate the gazetting of the Regulations of the land Laws that were validated in July 2023. Gazetting the Regulations would be a key milestone to ensure the implementation of the Land Laws (Amendment 2022).
   2. Budget Allocation: The Government needs to demonstrate commitment to the effective implementation of the Land Laws by allocating a special budget for Land Laws implementation. Interventions such as awareness, land registration and land block formation demand a huge financial investment and technical support.
   3. Awareness of Land Laws: There is an urgent need for massive and systematic awareness of the land registration process especially of traditional leadership in a quest to address gender disparities. The assessments found that although the legal framework in Malawi provides for gender equality in land rights and equal representation in local governance structures, social and gender norms hinder women's access, ownership, and control of land and their participation in land governance.
   4. Addressing Corruption: There is a need to put in place mechanisms and tools that can minimize corruption associated with the land registration process. This among others calls for improved land administration and anti-corruption processes in land governance at the local council level. In addition, explicit and timely analysis of the political economy of land governance would help increase transparency in the land governance structures.
   5. Conflict Resolution: There is a need to enhance the efficiency of conflict resolution in land matters. Assessments have shown that land proceedings and disputes are common and call for proper mechanisms to resolve them. Among others, there is a need to provide jurisdiction to local courts to deal with certain aspects of land disputes such as boundary disputes and the protection of minors or estate property.
   6. Lease Terms: There is a need to standardize the Lease Terms to 99 years for both Malawian citizens and non-citizens of Malawi. This shall demonstrate commitment to attract long-term and huge FDIs.