A time for change? Comments on Chad’s draft Land Code

Published in July 2015 by Tearfund and the International Institute for Environment and Development  (IIED), this report (also available in French) argues that the process to develop a new Land Code in Chad is a positive step forward: a unified text can help to ensure internal consistency and to make land law more accessible. It also considers that the draft Code improves, to a degree, the protection of certain customary rights. However, fundamental aspects of the draft Code reflect policy orientations that would need careful thinking through, including in light of international guidance and best practice. The authors consider that addressing these issues would require a substantial overhaul of the current draft, rather than simply amending the wording of its existing provisions. Comments and recommendations primarily focus on the overall structure of land ownership, management and administration systems, and on the protection of customary rights – which are the rights claimed by the vast majority of rural people in Chad. It also considers other key issues, including safeguards in compulsory land acquisition, the rights of pastoralists, gender, land-based investments and dispute resolution. Should a new law be adopted, resources for implementation, including capacity building, should be carefully budgeted for.