THE COPPERBELT UNIVERSITY
SCHOOL OF THE BUILT
ENVIRONMENT
DEPARTMENT OF REAL ESTATE
An Investigation of the Effectiveness of community
engagement in compensation negotiations for
displaced customary land occupiers in Zambia: A
Case study of Lufwanyama District
BY
ALLAN MWALE
19144813
REAL ESTATE
TABLE OF CONTENTS
CHAPTER ONE........................................................................................................1
1.0 INTRODUCTION...............................................................................................1
1.1 BACKGROUND..............................................................................................1
1.2 PROBLEM STATEMENT............................................................................... 6
1.3 RESEARCH AIM............................................................................................ 7
1.4 RESEARCH QUESTIONS..............................................................................8
1.5 RESEARCH OBJECTIVES............................................................................ 9
1.6 SCOPE OF STUDY....................................................................................... 10
1.7 SIGNIFICANCE OF STUDY........................................................................11
1.8 RESEARCH METHODOLOGY...................................................................12
REFERENCES........................................................................................................ 13
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CHAPTER ONE
1.0 INTRODUCTION
1.1 BACKGROUND
Zambia is a landlocked nation in Southern Africa that borders with 8 countries, the country
covers a land area of 752,614 square kilometers of which 11,890 square kilometers is water area
and the Population is 18,383,960 as of 2020. In Zambia, there are two types of lands namely
State Land or statutory land which is held under statutory tenure and Customary Land which is
held under customary tenure. However, according to the land Act of 1995, all land in Zambia is
vested into the president.
Due to popular demand for land for different purposes such as commercial, agricultural uses,
mining, infrastructure development projects etc., there has been a noticeable trend of large-scale
land acquisitions for investment and development projects which mostly results into land
conversion. This may disrupt the customary tenure system, often leading to customary land
disputes, displacement of indigenous communities, socio-economic exclusion, community
disquiet, and enclosures of common pool resources such as forests, wetlands and water. Local
people use customary land for farming, animal rearing, tourism, and shelter in order to survive,
therefore, secure land rights are essential to the livelihood of customary land users in Zambia.
With tenure security, customary land users remain on land and make use of and profit from that
land (Boudreaux and Sacks, 2009).
This research focus on issues arising due to displacement. Displacement occurs when local
people or occupiers have been moved from their land to another or given something of economic
value as an exchange if land has been transferred to other individuals or organizations for various
purposes. Displacement, in the context of customary land tenure systems, refers to the forced
removal of rural communities from their ancestral lands due to the influence of urban activities,
statutory laws, and commoditization of customary land (Tenure and Global Climate Change
(TGCC) Program, 2017). This phenomenon is often characterized by the loss of land,
livelihoods, and cultural heritage, as rural communities are pushed out of their traditional areas to
make way for urban expansion, mining, and other development projects. In Zambia,
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displacement has become a significant concern, particularly in areas like Lufwanyama District in
Copperbelt Province, where the proximity to urban centers has led to increased pressure on
customary land tenure systems and rural livelihoods (Tenure and Global Climate Change
(TGCC) Program, 2017).
Lufwanyama is a rural, mainly customary, district situated on the Copperbelt Province of
Zambia, on the western boundary with North-Western Province. According to the 2022 census of
population and housing, Lufwanyama‟s population stood at 133,060 people (Zambia Statistics
Agency, 2022). With land coverage of 11,451 square kilometers (4,421 sq mi). The district has
six chiefdoms, namely: Nkana, Shibuchinga, Mukutuma, Fungulwe, Shimukunami, and
Lumpuma. Despite its closeness to three urban districts (Luanshya, Kitwe, and Chingola),
Lufwanyama is largely undeveloped economically, relying mainly on mining of emeralds and
copper, timber production, and agriculture, (Tenure and Global Climate Change (TGCC)
Program, 2017).
According to the study by (Tenure and Global Climate Change (TGCC) Program, 2017),
displacement was found to be a significant threat to customary land tenure systems in
Lufwanyama District, Zambia. The study used a mixed-methods approach, combining household
questionnaires, in-depth interviews, and focus group discussions to collect data from three
chiefdoms: Shimukunami, Shibuchinga, and Fungulwe. The results showed that proximity to
urban centers, government actions, and the establishment of farm blocks exerted pressure on
customary land tenure systems, leading to displacement and tenure insecurity. The study
concluded that displacement was a major concern, particularly in areas where government
actions, such as the establishment of farm blocks, led to the displacement of local residents.
The customary land tenure system, which supports the livelihoods of millions of people
worldwide, is facing significant threats due to pressure for commoditization of land and
large-scale acquisitions by foreign investors (Wily, 2012, 2016; Hall et al., 2015). In Zambia, the
conversion of customary land to statutory tenure has led to displacements, land disputes, and
tenure insecurity, among other threats (Mushinge et al., 2020).
The displacement of customary land occupiers in Zambia has raised concerns about
compensation for lost land, livelihoods, and cultural heritage. According to Bae (2023), the weak
customary land rights of ordinary Zambians have made it possible for land-grabbers to exploit
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customary land, often without providing fair compensation to affected communities. Bae's
research employed a mixed-methods approach, combining the analysis of land deals from the
Land Matrix database and a legal history research approach to analyze relevant land laws of
Zambia. Land Matrix is an independent global land monitoring initiative which provides a
systematic overview of large-scale agricultural investments. It provides information about land
deals in almost 100 countries, including intended, concluded, and failed attempts to acquire land,
the deal size, and intention of investment (e.g., agriculture, forestry, or mining). More
importantly, Land Matrix provides each land deal with information about whether land grabbing
(e.g., displacement of local people) has taken place, and who the displaced people consider as the
land-grabber (Bae, 2023; Land Matrix, 2024). (Bae, 2023) study highlighted that , there were
some cases where justification was made for the displacement of the community. For instance,
Billis Farm Limited, regarding case 5895 (numbered by the Land matrix), is in the Milumbe area
of Luombwa farm block in Serenje district. They registered the company in 2011 and purchased
the farm from another private corporation in 2012; this farm covers 2071 ha. In July 2012, Billis
Farm Limited and Abraheam Lodeikus Vileoen (a parent company) came to the concerned area
and told the local people that they had paid the government to take over the land. In 2013,
Abraheam Lodewikus Vileoen came back to the land with workers and bulldozers and destroyed
the local people’s houses, trees, and crops. As a result, 65 local people were forcibly evicted and
fled into the Musangashi Forest Reserve. The evicted people asked the Serenje District
Commissioner’s Office and the Permanent Secretary for Central Province for help, but all they
received was a month’s supply of food and tents, without any help regarding getting their land
back. The District Commissioner, Francis Kalipenta, who took office in 2016, found out that the
evicted people were still waiting on the government for land; however, his office had no capacity
to find land for them. As a result, the Commissioner told the evicted people to talk to their local
chief regarding this matter (Human Rights Watch, 2017). In 2017, the evicted community
members filed their case in Lusaka High court. They challenged their eviction, destruction of
their houses and assets, and taking of their land which they claimed according to customary land
rights. More specifically, the community argued that the commercial farmers, businesses, and the
government of Zambia had violated their rights, as these respondents had turned their customary
land into state land and allocated their land without consulting them. Furthermore, they argued
that the respondents taking their land amounted to compulsory acquisition without sufficient
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compensation, and not for a public purpose. The judgement was delivered in favor of the evicted
community in 2020; however, it is still unclear whether they have earned back their land or
received any type of compensation, (Bae, 2023). The findings of (Bae, 2023), highlighted
instances of unclear compensation, such as the case of land deal 5895. This underscores the need
for fair and transparent compensation mechanisms to protect the rights and interests of
customary land occupiers.
Compulsory acquisition, defined as the power of government to acquire private rights in land for
a public purpose without the willing consent of its owner or occupant (Keith, 2008), raises
complex issues surrounding compensation for losses suffered. The principles of "equity" and
"equivalence" guide compensation, aiming to ensure that affected individuals are neither
impoverished nor enriched (Keith, 2008). However, applying these principles in practice is
challenging, particularly in developing countries where land rights are not standardized and land
markets are unreliable (Lindsay, 2012). Furthermore, the valuation and compensation of
unregistered and customary lands pose significant challenges. A World Bank study on the
valuation and compensation of unregistered and customary lands highlights the importance of
context-specific valuation methodologies and fair compensation mechanisms (World Bank
Group). The study, which comprised case studies from Indonesia, Sri Lanka, Uganda, Nepal, and
Afghanistan, demonstrated the need for flexible and adaptable approaches to valuation and
compensation that take into account the specific needs and circumstances of affected
communities. The case studies reflected public investment projects where land-for-land or cash
compensation was paid or monetary support provided for compulsory acquisition of unregistered
and customary land and tenure.
Effective community engagement in compensation negotiations is critical in ensuring that the
rights and interests of affected communities are protected. Effectiveness in the context of
community engagement in compensation negotiations for displaced customary land occupiers in
Zambia, as evident in the study by (Mushinge et al, 2020), refers to the extent to which
community engagement processes lead to fair and transparent compensation outcomes that
respect the rights and interests of affected communities. In their study, (Mushinge et al, 2020)
examined the threats of statutory tenure on customary land in Zambia, with a focus on Chamuka
Chiefdom in Chisamba District. They found that the conversion of customary land to statutory
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tenure led to displacements, land disputes, and tenure insecurity, among other threats. The study
implied that effective community engagement would involve meaningful participation of
affected communities in decision-making processes, recognition and respect for customary land
rights, and fair and adequate compensation for losses and displacement. By highlighting the
challenges faced by customary land occupiers, the study underscores the need for effective
community engagement to ensure that the rights and interests of affected communities are
protected
To address this issue, the Zambian Government introduced the Guidelines for the Compensation
and Resettlement of Internally Displaced Persons in 2013 and the National Resettlement Policy
in 2015. Guideline 18 (ii) of the 2013 Guidelines mandated that investors or developers provide
permanent and mutually agreed-upon dwellings for displaced persons, in accordance with
national standards. Furthermore, Guideline 19 (ii) ensures that the absence of a formal legal title
to land does not prevent compensation for affected groups (GRZ,2013). Similarly, the 2015
National Resettlement Policy emphasized that: (i) compensation must be paid to physically
and/or economically displaced persons before the commencement of development projects, and
(ii) such compensation must be prompt and effective, calculated at market or full replacement
cost, whichever is higher, to account for losses of livelihoods (GRZ,2015).
According to the (Urban and Regional Planning Act, 2015), compensation is payable to
individuals who suffer damage or loss as a consequence of an enforcement notice or a planning
decision that takes away an existing right to use land (Section 68). However, compensation is not
payable in certain circumstances, such as when the refusal of planning permission is due to the
land being physically unsuitable for development or when the development would have adverse
effects on the environment or public health (Section 69). To receive compensation, claimants
must submit a written claim within 60 days of the planning decision, providing evidence to
support their claim and information about their interest in the land (Section 70). The
compensation amount is determined by agreement or by a planning appeals tribunal. While the
Act provides a framework for compensation, its effectiveness in practice may be limited by
factors such as inadequate public awareness, limited access to legal recourse, and inconsistent
application of the law (Lupala, 2017). Furthermore, the Act's emphasis on individual
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compensation may overlook the broader social and economic impacts of displacement on
affected
In conclusion, the displacement of customary land occupiers in Zambia is a pressing issue that
raises concerns about compensation, livelihoods, and cultural heritage. The principles of "equity"
and "equivalence" guide compensation, but applying these principles in practice is challenging,
particularly in developing countries where land rights are not standardized and land markets are
unreliable. Effective community engagement in compensation negotiations is critical in ensuring
that the rights and interests of affected communities are protected. However, the effectiveness of
community engagement in compensation negotiations for displaced customary land occupiers in
Zambia remains a significant concern. This study aims to investigate the effectiveness of
community engagement in compensation negotiations for displaced customary land occupiers in
Zambia, using Lufwanyama District as a case study.
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1.2 PROBLEM STATEMENT
The displacement of customary land occupiers in Zambia, particularly in Lufwanyama District,
has resulted in significant challenges related to compensation, livelihoods, and cultural heritage.
Despite the existence of guidelines and policies, such as the 2013 Guidelines for the
Compensation and Resettlement of Internally Displaced Persons and the 2015 National
Resettlement Policy, the effectiveness of community engagement in compensation negotiations
for displaced customary land occupiers remains unclear. This study aims to investigate the
effectiveness of community engagement in compensation negotiations for displaced customary
land occupiers in Lufwanyama District, Zambia, and identify strategies for improving the
compensation outcomes for affected communities.
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1.3 RESEARCH AIM
The research aim is to investigate the effectiveness of community engagement in compensation
negotiations for displaced customary land occupiers in Lufwanyama District, Zambia.
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1.4 RESEARCH QUESTIONS
1. How effective is community engagement in compensation negotiations for displaced
customary land occupiers in Lufwanyama District, Zambia?
2. What are the factors that influence the effectiveness of community engagement in
compensation negotiations for displaced customary land occupiers in Lufwanyama District,
Zambia?
3. What strategies can be employed to improve the effectiveness of community engagement in
compensation negotiations for displaced customary land occupiers in Lufwanyama District,
Zambia?
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1.5 RESEARCH OBJECTIVES
1. To assess the effectiveness of community engagement in compensation negotiations for
displaced customary land occupiers in Lufwanyama District, Zambia.
2. To identify the factors that influence the effectiveness of community engagement in
compensation negotiations for displaced customary land occupiers in Lufwanyama District,
Zambia.
3. To develop strategies for improving the effectiveness of community engagement in
compensation negotiations for displaced customary land occupiers in Lufwanyama District,
Zambia.
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1.6 SCOPE OF STUDY
The scope of this study is focused on investigating the effectiveness of community engagement
in compensation negotiations for displaced customary land occupiers in Lufwanyama District,
Zambia. Specifically, the study will examine the experiences of customary land occupiers who
have been displaced due to large-scale land acquisitions for investment and development projects
in Lufwanyama District.
Geographically, the study will be confined to Lufwanyama District, which is located in the
Copperbelt Province of Zambia. The district is chosen because of its high incidence of customary
land displacement due to large-scale land acquisitions for mining, agriculture, and other
development projects. The study will involve a mixed-methods approach, combining both
qualitative and quantitative data collection and analysis methods.
The study will focus on the period from 2010 to 2022, during which there has been a significant
increase in large-scale land acquisitions for investment and development projects in Lufwanyama
District. The study will also examine the relevant policies and laws governing customary land
rights and compensation in Zambia, including the Lands Act of 1995, the Guidelines for the
Compensation and Resettlement of Internally Displaced Persons (2013), and the National
Resettlement Policy (2015).
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1.7 SIGNIFICANCE OF STUDY
This study is significant because it addresses a critical issue affecting the livelihoods of
customary land occupiers in Zambia, particularly in Lufwanyama District. The displacement of
customary land occupiers due to large-scale land acquisitions for investment and development
projects has resulted in significant social, economic, and cultural impacts on affected
communities. By investigating the effectiveness of community engagement in compensation
negotiations, this study aims to provide insights into how to improve the compensation outcomes
for displaced customary land occupiers.
The findings of this study will contribute to the existing body of knowledge on customary land
rights, compensation, and community engagement in Zambia. The study's recommendations will
be useful to policymakers, government agencies, civil society organizations, and other
stakeholders involved in large-scale land acquisitions and compensation processes. Furthermore,
the study's outcomes will help to promote fair and transparent compensation practices, respect
for customary land rights, and improved livelihoods for displaced customary land occupiers in
Zambia.
Ultimately, this study seeks to inform policy and practice reforms that prioritize the rights and
interests of customary land occupiers in Zambia. By shedding light on the complexities of
community engagement in compensation negotiations, this study aims to contribute to a more
equitable and sustainable approach to large-scale land acquisitions and development projects in
Zambia.
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1.8 RESEARCH METHODOLOGY
This study will employ a mixed-methods approach, combining both qualitative and quantitative
data collection and analysis methods. The study will involve a case study of Lufwanyama
District in Zambia, where large-scale land acquisitions for investment and development projects
have resulted in the displacement of customary land occupiers.
To gather qualitative data, the study will conduct in-depth interviews with local people who have
been displaced due to large-scale land acquisitions. A purposive sampling technique will be used
to select participants who have experienced displacement and have been involved in
compensation negotiations. The sample size for the interviews will be determined using the
concept of data saturation, which is achieved when no new themes or ideas emerge from the
data. Based on the literature, it is estimated that 30-40 interviews will be required to achieve data
saturation (Guest et al., 2006). The interviews will be conducted in the both official and local
language and will be audio-recorded with the consent of the respondents.
To gather quantitative data, the study will conduct a survey of local people who have been
displaced due to large-scale land acquisitions. A stratified random sampling technique will be
used to select a representative sample of 100-150 participants. The sample size will be
determined using the formula for calculating sample size for a survey (Cochran, 1977).
Assuming a confidence level of 95% and a margin of error of 5%, the required sample size is
estimated to be 100-150 participants
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REFERENCES
Bae, Y.J. Analyzing the Connection between Customary Land Rights and Land Grabbing: A
Case Study of Zambia. Land 2023, 12, 200. [Link] land12010200
Cochran, W. G. (1977). Sampling techniques. John Wiley & Sons.
Guest, G., Bunce, A., & Johnson, L. (2006). How many interviews are enough? Field Methods,
18(1), 59-82.
Land Matrix. Available online: [Link]
Human Rights Watch. “Forced to Leave” Commercial Farming and Displacement in Zambia.
Human Rights Watch: USA, 2017.
GRZ (2013). Guidelines for the Compensation and Resettlement of Internally Displaced Persons.
GRZ (2015). National Resettlement Policy.
Keith, H. (2008). Fair compensation for compulsory acquisition of land. Journal of Property
Research, 25(2), 147-164.
Lindsay, J. (2012). Compulsory Acquisition of Land and Compensation in Infrastructure
Projects.
Mushinge, et al. (2020). Threats of Statutory Tenure on Customary Land in Zambia: A Case
Study of Chamuka Chiefdom in Chisamba District.
TENURE AND GLOBAL CLIMATE CHANGE (TGCC) PROGRAM. (2017).
World Bank Group. (n.d.). Valuation and Compensation of Unregistered and Customary Lands.
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