E/C.12/NAM/CO/1
and assess the impact of the 2005 campaign on gender-based violence and other plans
on the population’s perception of violence; (c) address the obstacles faced by victims
of violence in seeking remedies and obtaining protection as provided for in the
Combating of Domestic Violence Act; and (d) take effective measures for bringing
perpetrators to justice.
Land rights
47.
Without prejudice to the overall objective of the land reforms and the “willing seller
– willing buyer” approach, the Committee is concerned that the land reform programme of
the State party has not addressed poverty or that security of tenure remains an enduring
challenge, as a large number of individual and communal land owners are without title. The
Committee is also concerned that many resettled farmers have not able to restore their
livelihoods and earn an adequate standard of living, even when support has been provided.
Moreover, the Committee is concerned that the Communal Land Reform Act of 2002 has
had little effect on women’s access to land.
48.
The Committee recommends that the State party take account of the following
in the implementation of the resolutions adopted by the Special Cabinet Committee on
Land and Related Matters:
(a)
Streamline land registration procedures and render them affordable and
accessible, including in rural and remote areas, and proactively reach out to register
communal lands;
(b)
Work with indigenous peoples on titling of their traditional lands and
securing their rights to these lands, to the extent compatible with the rights of others;
(c)
Increase the resources allocated to the acquisition of land for
resettlement;
(d)
Engage in meaningful consultation processes with individuals and
groups concerned prior to and during the resettlement;
(e)
Assist resettled farmers, beyond the provision of infrastructure such as
fencing and land servicing, in restoring their livelihoods and lifting them out of
poverty, and monitor the situation of resettled farmers;
(f)
Ensure, in the case of indigenous peoples, that the resettled groups lead
and design the process and are provided with support during the rebuilding of their
communities;
(g)
Ensure that the Communal Land Reform Act is implemented, so that
widows can remain on communal land allocated to their deceased husbands;
(h)
Enact the Land Bill of 2010 in order to enhance the protection of
communal lands;
(i)
Urgently address the excessive prices of land, including in urban areas.
49.
The Committee is concerned at the practice of illegal fencing of communal land,
which deprives individual and communities of their means of livelihood until settlements
on access are reached or the fences are brought down. The Committee is also concerned
that remedies are not available when the building of such fences has been authorized by the
Communal Land Board or traditional authorities while the owners do not a have legal title
to the land (art. 11).
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