Op-Ed: The New Land Policy: Progress, But the Fight Continues

The By Dave Manneh - Research LeadSecuring Futures: Land Rights Action Collaborative

The Gambia faces a long struggle for fair land ownership, grappling with historical injustices and colonial legacies. Securing Futures: Land Rights Action Collaborative (SFLRAC) consistently advocates for Kombo's land-owning communities, demanding a National Land Policy (NLP) that corrects past wrong. Our initial review of the February 2025 draft raised significant concerns, especially about the harmful State Lands Act 1991 and the pervasive threat of elite capture.

Dave Manneh is Research Lead at Securing Futures: Land Rights Action Collaborative

Significant Steps Forward

Following widespread discussions and revisions, the Ministry of Lands, Regional Government, and Religious Affairs responded to calls for reform. This positive development highlights the critical importance of SFLRAC's collaborative efforts with Kombo groups. Their comprehensive recommendations, a direct result of this joint work, led the May 2025 Validation Copy to include or directly address about 82% of SFLRAC's key recommendations. This truly demonstrates the immense power of collaboration and community advocacy in shaping national policy. This Validation Copy is set for final national review on 10th June 2025 at the Sir Dawda Kairaba Jawara International Conference Center, Bijilo.

Key improvements include:

• The policy formally recognises Certificates of Customary Ownership (CCOs), providing secure tenure to indigenous communities whose rights have historically been precarious.

• It now explicitly mandates "Free, Prior, and Informed Consent (FPIC)" for land conversions from customary to state land.

• It promises compensation at replacement value for expropriated lands and pathways for restitution. If properly implemented, these measures could fundamentally alter the landscape of land acquisition and safeguard vulnerable communities.

• The Validation Copy also demonstrates a stronger commitment to transparency. It clearly articulates mechanisms to combat elite capture, including public disclosure of land transactions, independent impact assessments for large-scale investments, and a commitment to regulating real estate practices.

• The emphasis on digitisation of land records and the establishment of a unified Land Information System (LIS) is a welcome step towards reducing fraud and increasing efficiency, though ensuring inclusivity for low-literacy communities remains paramount.

• The policy focuses more on gender equality, promoting joint spousal titling and protecting women's inheritance rights, moving beyond tokenistic recognition to embed equity within the legal framework.

• Additionally, it strengthens the Lands Commission's autonomy and expands its mandate to investigate disputes and monitor land administration.

Remaining Challenges

Despite these advances, our vigilance must remain unwavering.

The policy opts for substantial amendments and constitutional limitations on the Minister's powers rather than outright abrogation of the State Lands Act 1991. This remains a key area for our ongoing advocacy.

Though the Validation Copy did not directly meet our demand for an immediate moratorium on land allocations for "public purposes," the policy does tighten guidelines for such allocations.

True land justice requires not just policy statements, but a fundamental shift in the philosophical approach to land ownership and community sovereignty.

The Path Ahead

The continued fight for land justice in The Gambia is about reclaiming heritage, affirming identity, and ensuring that economic development serves all citizens, not just a privileged few. The May 2025 NLP Validation Copy offers a more hopeful blueprint than its predecessor. It signals a willingness from the state to engage with critical feedback and integrate community-led recommendations.

However, the true measure of its success will lie in its diligent implementation. SFLRAC, alongside Kombo's land-owning communities, remains committed to constructively engaging in this process, ensuring that the promise of land justice translates into tangible and lasting change for generations to come.

The path forward demands unwavering commitment to vigilant monitoring, and a constant centering of community voices in shaping the future of land governance in The Gambia but particularly Kombo.

Securing Futures: Land Rights Action Collaborative (SFLRAC) is an NGO-think tank hybrid. Committed to empowering Kombo’s dispossessed land-owning communities, SFLRAC combines participatory action with rigorous research to secure ancestral land rights, advocate for equitable governance policies, protect cultural heritage, and advance sustainable development.

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