Short history on land ownership in Somalia

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Bantu Liberation Movement
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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.
 

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