Land use and management in Benin Republic: An evaluation of the effectiveness of Land Law 2013-01

Abstract

Inefficient land use and management is rampant in developing countries. The most patent manifestation of this is the chaotic state of land use practices in cities. It’s also demonstrated that the success of public policies and strategies in land use, urban planning, protection of natural resources, housing, agriculture, industry, transport and tourism, depends largely on the land resource management by the State and the Local Communities. Unfortunately, in the Republic of Benin, the land management is characterized by the lack of land mastership and the growing of land insecurity which did not promote sustained policy of investments and increased the failure of many peoples in Benin population, both in rural and in urban areas at the benefit of a minority. With the increasing competition for it access due to the rapid urbanization occurred in the last two decades, the land issue has become a major concern for the population and for the political and administrative authorities.To regulate the land access all over the country, in the National Assembly in May 2013, the Benin government introduced a Land Law project which was adopted by the National Assembly of Benin on the 14th of August, 2013. The law is a common framework regarding all lands; it integrates land acquisition procedures, expropriation procedures, public utility land management, environment and natural resources preservation, land property rights, conflict management, and the administrative structure for land management. But after four years of the Land Law 2013-01 being implemented, land use in Benin remains a huge challenge for the government. Indigenous settlements can often be found in wetlands and flood-prone areas along the city where communities established many years ago are exposed to urban risks and a degraded living environment in Cotonou, a major city and economic pole of Benin. The situation is worsened by the many conflicts occurring among communities due to unsecured land transactions.This study examines Land Law 2013-01 and its impact on land use and land ownership across Benin Republic. More specifically, it discusses the effectiveness and limitations of the law since its implementation. The structure of this paper is organized into five sections as follows. Section 1 introduces the context and objectives of the study. Section 2 presents a chronological evolution of land policies and the major changes in the land use from the colonial period to the post-colonial period. Section 3 introduces Land Law 2013-01. Section 4 discusses effectiveness and limitations of the law. Section 5 gives conclusions and recommendations. The key shortcomings include: a clear understanding of the multiple land access modes which is a necessary tool for sustainable land development, the legal dualism created by the coexistence of customary laws and the modern registration system, the vulnerability of legal land security and the inadequate land information management system.