Background
Land is considered the most basic and important natural resources available for social and economic development in Malawi, just like is the case in many countries across the world and especially in Africa. However, Malawi has operated without a comprehensive policy on land matters for a long time and has endured a history of continuously reconstituted clusters of traditions, colonialism, rules, expectations and conflicts which gave rise to changing land regulations and practice. The present system is a product of colonial history and policies of the one party era and recent demographic trends modified by legal and economic influences of the colonial land policy and previous policies on land matters which has to some extent contributed to the problems that affect land tenure and utilization to-date.
The Land Ordinance of 1951 defined land as public, private or customary with customary land defined as a mere species of public land (or crown) land, an arrogant concession to the citizens of Malawi who by virtue of the Ordinance become tenants on their own land. The previous policies therefore failed to recognize the pattern of individual usage and rights in customary land to be free ownership. .After attaining independence in 1964, the status quo did not change much as the passage Land Act of 1965 maintained this position characterized by insecurity of customary land rights. The first attempt to provide a comprehensive body of land law was made in 1967 with the passing of the Registered Land Act and the Customary Land Development Act which though had limited application to only Lilongwe West made the effort to secure customary rights.
Because of these previous failures, after the attainment of the multiparty democracy, there was an identified need to relook at the land policy in Malawi which culminated in the various studies on land and the eventual establishment of the Presidential Commission of land policy reform. This also coincided with the preparation of the new Constitution of Malawi and had an article 18 inserted which aims to assure every citizen of their inalienable right to acquire property alone or in association with others and to protect the property of citizens from arbitrary seizure. This formed the advent of the land reform programme in Malawi and saw the formulation of the first ever comprehensive Malawi National Land Policy (MNLP) approved by the Government in 2002. The Policy sought to rationalize and accord full statutory recognition to customary land rights noting that every person has a natural dependence on land and that it is the responsibility of the government to assure the private rights of citizens by making provisions for secure and equitable access to land as a multi-purpose resource and an economic asset. However, in order to operationalise the recommendations of the MNLP there was need to empanel a special law commission which made undertakings to comprehensively review all the land related laws just after the passage of the new land policy.
The land reform process has taken about 20 years such with the enactment of the new land laws in 2016 which included the Customary Land Act which sought to address among other things inclusive customary land governance in the country. The Government of Malawi is yet to operationalise their implementation by way of gazzetting the laws to effect enforcement. The dichotomy between formal and customary law has seen women land rights increasingly marginalized, not only in the informal family and lineage negotiations over rights and access to land, but also in other bargaining processes related to the implementation of land reform policies and programmes.
Objectives of the Study
Noting that the land reforms in the country have taken a considerable long period and that the new laws are still not gazetted for implementation, Oxfam intends to commission a study in order to analyse and assess the resilience and the bottlenecks within the processes and systems that have and still hinder progress in the land reform process in the country. The study will also aim to review and assess how these reforms have contributed to realize and/ or have affected women’s land rights. This is also in consideration of the fact that the new policies and laws still encounter the local norm and principles of both matrilineal and patrilineal groups in different parts of Malawi.
The study will look through how the Malawi land reform process has achieved gender equality in access and ownership of land in a situation of increasing scarcity, pressure and competition for land, which ultimately result to insecure land tenure for women. The study will further document strategies used by different actors including CSOs and women groups in the quest to have an inclusive land reform process and the challenges they encountered.
The report will support a better understanding of the dynamics of social norms and practices under the current economic situation and the changing policies in Malawi; and further review the different elements of the suggested reforms and assess their theoretical, political and empirical basis. The paper will further document the dynamics of foreign investments in land in Malawi.
Lastly, the study will identify best practices in relation to the ongoing land projects that are directly and indirectly financed by International Financial Institutions such as the World Bank
Study Audience
The audience for this research will be national and international organizations, the Government of Malawi, academia, opinion shapers and policy makers as well as the general public. The study will also be used as an advocacy tool and will help in informing future programmes designed to support women’s land and property rights
Consultants Profile/Qualification
Prospective consultants must have:
- Masters Degree or higher in law, Social Science or related field,
- At least 7 years relevant experience carrying out land and women related assignments.
- Good knowledge and understanding of land policy, land governance, land reform and land tenure issues in Malawi.
- An in-depth knowledge and understanding of women’s land rights issues in Malawi.
- Experience working on various land policy and governance processes.
- Previous experience in similar assignments; and specifically in gender and land rights studies
- Experience in carrying out situational analysis on women and land rights issues.
- Excellent oral and report writing skills, including a proven track record in writing succinct, analytical publications and reports;
Reporting Lines
The consultant shall work with the Women’s Land Rights Programme under the direct supervision of Women Land Rights Advisor, the Malawi Country Office with guidance from the Land Rights Policy Lead. In addition, the consultant may be expected to liaise with the Oxfam partner organizations in Malawi.
How to apply:
Application Procedure
Interested consultants should send an expression of interest (Maximum 5 pages) demonstrating their suitability for the tasks, briefly elaborating on experience, research methodology and approach of documenting the study. The consultant should also share a proposed work plan, financial proposal including a breakdown of consultants’ daily rates and indicate availability for this consultancy. Applications should be sent on or before 29 November, 2017 to Oxfam at ([email protected]).
Adherence to Oxfam principles and policies
Once hired, the consultant shall operate under the principles governing Oxfam ways of working including adherence to policies and procedures of Oxfam with regards to such key issues as non partisan, neutrality, gender sensitivity, impartiality and accountability, mainstreaming of Gender and HIV/AIDS as well as other policies governing Oxfam operations on transport usage, security guidelines and confidentiality of information collected.
More Information
- Job City Lilongwe
