Unlike in the past, land conflicts related to boundaries and systematic land registrations are now handled by the National Land Authority and Districts or the City of Kigali.
From 2008 to 2013, Rwanda undertook a big project of land registration which resulted in more than 12 million parcels of land being registered in the Land Administration Information System (LAIS). Land registration provides secured ownership of land and helps to protect the land from fraud and to resist third-party applications for adverse possession of others’ land and property. Registration of land rights has also supported investment, productivity growth, increased land value and created more business opportunities.
However, since people value land as an important asset, conflicts continue to emerge mostly related to land ownership and boundaries. A new land law was published on June 10, 2021, to set the new process of handling land disputes and enable the National Land Authority and local government institutions to make decisions on disputes related to boundaries and systematic land registration. This new process of handling land disputes is in the line with the policy of reducing the number of land disputes handled by courts.
The Law n° 27/2021 of 10/06/2021 governing land is only applied to disputes related to systematic land registration and establishment of boundaries as both are carried out by the National Land Authority. Disputes out of that scope do not fall under the powers of the National Land Authority. For example, land transfer disputes are not included in the new law because the transfer contract is signed between individuals and does not directly engage the institution.
The National Land Authority and the Districts or the City of Kigali are the institutions empowered by the new land law to decide on land disputes. As stated in the law, a person who has a case related to systematic land registration and land boundaries submits his or her claim to the district with legal personality or the City of Kigali where the land is located. The district with legal personality or the City of Kigali decides on that claim within 30 days from its reception.
To implement this provision, Ministerial Order No 004/MoE/22 of 15/02/2022 determining modalities and procedures for resolution of disputes related to land boundaries and systematic land registration was published to set procedures to be followed when a person is filling the land case. At district level, an ad hoc committee composed of at least three members shall be established and has the power to examine the applicant’s interest before investigating the dispute, analyze the nature of the dispute, hear parties to the dispute, and mediate parties to the dispute. For a committee to register the dispute, it should have a document indicating the decision taken by the sector authority. This committee carries out its responsibilities independently. If the applicant is not satisfied with the decision or when 30 days expire without being notified, the applicant has 30 days to appeal to the National Land Authority.
When the appeal is submitted to the National Land Authority, the institution establishes an ad hoc committee of three members to examine the nature of the case and hearing parties by using the mediation process. The appellant should submit the documents containing the Mayor of the District with legal personality or the Mayor of the City of Kigali, or the document evidencing that the period of 30 days elapsed without notifying the applicant of a decision taken by the district and any other document certifies that the applicant has rights on the land.
When taking decisions, the Authority should take care of mediating parties by applying laws and any other means that may help parties to reach an agreement. Within 45 days, the Authority informs the concerned party, through a hard copy, or electronically, of the decisions taken in the disputes. The decision taken by the Authority is final and is not eligible for any further administrative review. If there is no court appeal for that decision within 30 days from the notification date, the decision bears an enforcement order and is implemented as it is.
Handling land disputes using the Alternative Dispute Resolution (ADR) mechanisms is the best way of helping citizens to have quick and effective access to justice. The ADR will support the court system by reducing its caseload burden. However, this new process of handling disputes does not deny people the right of access to court proceedings which is a constitutional right. Citizens are motivated to trust the institutions empowered to handle their land disputes and be contented with their decision as these will help them to save time and money spent in court.
Christine Nyiranshimiyimana, a Humphrey Fellow at the American University Washington College of Law, is the Registrar of Land Titles in the City of Kigali.