Policy Dialogue: indigenous communities advocating for land rights

Policy Dialogue

Human Rights & Civ. Soc.

Gender Equality

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East Africa

problem & solution

The experience was made in two different wards: Magadi and Ewaso O Nkidong’i. While both wards face challenges regarding land rights the circumstances differ. Magadi sits on undivided communal land whereas Ewuaso O Nkidong’i has already been subdivided into private land. In Magadi people are unaware of the Kenyan Community Land Act 2016 (CLA) and traditional practices and customs keep women and other marginalized groups from accessing, using and owning land. In Ewuaso O Nkidong’i the overlapping of boundaries causes unrest and threatens the peace in the community.

The solution was

to improve knowledge and community attitudes of the Community Land Act 2016 (CLA)
to build skills and social support towards CLA 2016
to cooperate with leaders and Alternative Dispute Resolution Committees.

THE EXPERIENCE

Using the "expectation sizing tool" a pre-project consensus of expectations was reached. A Community Land Act 2016 information campaign and sensitization was realized through awareness creation-based workshops.
In addition fora were held to collect community recommendations to the act and to present these recommendations to county government officials.
To resolve the issue of boundary overlap, the project worked with Kajiado County Alternative Dispute Resolution Committees (ADRs) to ensure that the pending cases are reduced.
JHC worked closely with the department of lands and is currently pushing for adoption of the recommendations given and made to the Act by communities.

Challenges

changing political context
gender stereotypes and gender roles that keep women from participating in project activities
ethnic/tribal differences
bureaucracy of policy development and reshuffles within county departments

Impact

land issues on access and ownership propagated to the community
improved number of women take part in decisive meetings
community recommendations to CLA 2016 collected

Lessons Learned

utilizing local and international instruments
focus on women and youth as change agents
collaboration with gatekeepers, civil society and religious leaders improve decision-making processes and contributed to ownership by communities

Policy Dialogue: indigenous communities ​advocating for land rights