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A Time for Change? Comments on Chad’s draft Land Code

By: International Institute for Environment and Development, Tearfund

This report provides comments on Chad’s draft Land Code (January 2014 version). It draws on a review of the draft Code in light of international trends and the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security.

Comments and recommendations cover the overall structure of land ownership, management and administration systems, the protection of customary rights, safeguards in compulsory land acquisition, the rights of pastoralists, gender, land-based investments and dispute resolution.

In essence the report states that although the draft is marginally better than the current law from the 1960s, fundamental aspects of the draft Code reflect policy orientations would need careful thinking through, including in light of international guidance and best practice. Addressing these issues would require a substantial overhaul of the current draft, rather than simply “tweaking” the wording of its existing provisions.