Land tenure.indd

This research paper examines the role of land tenure, migration, and competition for agricultural and pastoral land as structural and proximate causes of violent conflict in eastern Democratic Republic of Congo (DRC), specifically in the Kivu provinces and Ituri Territory. The authors argue that colonial-era dual property systems and post-colonial patrimonial rule under Mobutu transformed land from a communal social asset into a currency of political power and economic wealth, marginalizing rural populations and fueling ethnic tensions.

• Colonial administration in the DRC established a dual system of property rights that created long-term instability. While customary law governed the local population, a 'modern' system allowed European settlers to obtain titles to land declared 'vacant' by the state, often ignoring existing customary use rights.
• Under Mobutu's rule, the General Property Law of 1973 (Bakajika Law) declared all land state property, effectively criminalizing customary land sales and stripping traditional authorities of legitimate control over land distribution. This created a system where land access was conditioned by political loyalty to the regime.
• Land alienation in the Kivu provinces led to severe impoverishment and food insecurity for rural populations. The shift toward large-scale plantations and ranches owned by political elites created a surplus of landless young men, who became a primary recruitment pool for armed militias.
• In North Kivu, the intersection of land rights and nationality became a trigger for mass violence. Local elites used 'ethnic discourse' to scapegoat Banyarwanda immigrants for land scarcity, despite the fact that many traditional chiefs had personally profited from selling land to these immigrants.
• In Ituri, conflict was triggered by the contested expansion of agricultural and ranching concessions. The process was often marred by corruption, where administrative surveys and local consultations required by law were bypassed or falsified to benefit Hema elites and their allies, including commanders of the Uganda Peoples’ Defence Force (UPDF).
• The conflict in eastern DRC transformed land from a 'source' of conflict into a 'resource' of war. Warlords and rebel leaders used the control of land to establish 'unfree labour' forces, granting land access to loyal ethnic networks while excluding and exploiting others.
• The authors conclude that legislative reform alone is insufficient to resolve land conflicts. Sustainable peace requires a fundamental structural shift in the relationship between the government and the governed, alongside the reform of the political, economic, and social structures that mediate land access.

APA

Institute for Security Studies (n.d.). Land tenure.indd. https://issafrica.s3.amazonaws.com/site/uploads/4LAND.PDF

Chicago

Institute for Security Studies. Land tenure.indd. n.d. https://issafrica.s3.amazonaws.com/site/uploads/4LAND.PDF.

Wikipedia

{{cite report |author=Institute for Security Studies |title=Land tenure.indd |url=https://issafrica.s3.amazonaws.com/site/uploads/4LAND.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudiesndland, author = {{Institute for Security Studies}}, title = {{Land tenure.indd}}, institution = {Institute for Security Studies}, url = {https://issafrica.s3.amazonaws.com/site/uploads/4LAND.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }