Article Index
2. Policies and Laws Relevant to Land Governance in Somalia
In 1969, the Government adopted the socialist system where land was nationalized and redistributed; customary laws were totally ignored. Currently a plural system operates: thepre-1991 statutory law (secular), the Islamic/sharia laws and the Somali customary law (popularly known as Xeer).
2.1 The Constitution of the Federal Republic of Somalia (2012)
According to Article 4 of the Constitution, after the Shari'ah, the Constitution of the Federal Republic of Somalia is the supreme law of the country. It binds the government and guides policy initiatives and decisions in all departments of government. The Constitution of Somalia has provisions on land. Under Article 43 land is Somalia's primary resource and the basis of the people's livelihood. It shall be held, used and managed in an equitable, efficient, productive and sustainable manner. The Federal Government shall develop a national land policy that shall be subject to constant review. That policy shall ensure:
- Equity in land allocation and the use of its resources;
- The guarantee of land ownership and registration;
- That land is used without causing harm to the land;
- That any land and property dispute is resolved promptly and satisfactorily for all;
- That the amount of land that a person or a company can own is specified;
- That the land and property market is regulated in a manner that prevents violations of the rights of small land owners.
The Constitution requires Parliament to enact a law regulating the size, timeline and conditions of permits of land use and the Federal Government, in consultation with the Federal Member States and other stakeholders, shall regulate land policy, and land control and use measures. The Federal Member States are empowered to formulate land policies at their level.
No permit may be granted regarding the permanent use of any portion of the land, sea or air of the territory of the Federal Republic of Somalia.
2.2 The Agricultural Land Law of 1975
The Agricultural Land Law of 1975 was the first land tenure legislation after independence. The law officially transferred control of all Somali land from traditional authorities to the Government of Somalia Democratic Republic (GSDR). It provides the following conditions:
- Individuals desiring access to land were forced to register their holdings within 6 months of the passage of the law.
- Landholders are permitted to register limited amounts of land as state leaseholds or concessions, with usufructuary rights for up to fifty years, with the possibility of renewal.
- One concession can be obtained per individual/family, for up to 30 hectares of irrigated land, 60 hectares of rain-fed land and 100 hectares of banana plantations.
- The government can revoke a concession that exceeds size restrictions, is used for non-agricultural purposes, is not used productively, is unnecessarily fragmented, is transferred, or is not farmed for two successive years.
- Cooperatives and state farms received preferential access to land in the registration process, particularly in terms of leasehold size, number, and duration of lease. Registration was most active in the Shabelle and Jubba river valleys, where irrigation is possible.
This law does not recognize the customary rules and procedures of the indigenous institutions that still govern access to land, and weak legal enforcement resulted in disparities between statutory tenure and actual land use and allocation. Many farmers bought, sold and rented land, and ownership above allowed ceilings was common, as were multiple parcel holdings. Individuals circumvented restrictions against multiple parcel holdings by registering leases in the name of sons, daughters, and wives.