The expropriation law provides procedures to protect the rights of property owners in the expropriation process. Beginning in 2011, and culminating in 2016, respondent misled claimants and systematically treated them unfairly and undermined the value of their investment in rwanda at every. Pdf rwandas political settlement and the urban transition. A 2017 study by rwanda civil society platform argues that the government conducts expropriations on short notice and does not provide. Rwanda revenue authority, and other related agencies, local authorities, communities. In rwanda, land is an important issue due to two different characteristics. It is revealed that the valuation methodology used in practice is not consistent with the provisions of the expropriation law. This act creates a hierarchical threetier institutional framework which begins with the expropriator organs i. When an expropriation is contested, the final say on the legitimacy of the expropriation or the terms on which compensation is made should be handled by a court or other tribunal. Expropriation law is now being updated, it is still in effect since the updated version is not yet in effect. Expropriation law is now being updated, it is still in effect since the updated version is not. As per this law only the government can carry out expropriation. Expropriation in international investment law international.
Land policy reform in rwanda and land tenure security for all. Expropriation greatly affects rural dwellers who constitute 80% of the countrys total population, research conducted by legal aid forum in partnership with the usaid land project shows. Law n 322015 of 11062015 relating to expropriation in the public interest. The final paper looks at most favoured nation treatment. As far as land valuation is concerned, the law relating to expropriation in the public interest provides. This chapter concentrates on the protection of property rights through expropriation norms and the way the articulation and adjudication of these may impact upon human rights goals. Balancing property rights and human rights in expropriation. Considering that the new constitution of the republic of rwanda was adopted by rwandan. The authors views expressed in this publication do not necessarily reflect the views of the united states agency for international development or the united states government. Provision and recognition of womens rights over land fig working week 2011 bridging the gap between cultures marrakech, morocco, 1822 may 2011 318 men and women on land is perceived as an essential means of securing the broader objectives. Current studies focus on the ambiguous manner in which real property valuation had been regulated by the expropriation law of 2007, leading to unfair compensation and various conflicts between expropriating agencies and expropriated people. Law relating to expropriation in the public interest urbanlex.
Under the constitution section 25, 2 and 3, land expropriation must only be carried out if it is for the good of public purpose. Law establishing and organising the real property valuation. Under the law, only the rwandan government may order expropriation, and will provide prior and fair compensation. Land free fulltext expropriation of real property in. Expropriation law is a necessary next step to further define the states expropriation powers, and creating certainty for state actors and tenure security for landholders. This memo describes our findings and recommendations. Law n 322015 of 11062015 relating to expropriation in the. Expropriation law allows negotiating the compensation option between expropriating agency and property owners. Powers to order expropriation in the public interest article 4. Contesting expropriation decisions in countries governed by the rule of law, the government is itself subject to the law. Igazeti ya leta official gazette of journal officiel the. This law determines procedures relating to expropriation in the public interest in rwanda and runs from pages 2353.
Until 2015, the expropriation law passed in 2007 guided. Openness to, and restrictions upon, foreign investment attitude toward foreign direct investment the government of rwanda gor understands that private sector development is critical if rwanda is to achieve its aim of reaching middleincome status by 2020, and reducing the. The expropriation procedure and bodies for its implementation shall be regulated by this law. Establishing a land administration system for rwanda.
This dispute arises out of respondents expropriation and corresponding unfair treatment of claimants investment in rwanda in violation of the usrwanda bit. Rwanda introduces law allowing expropriation of land metal. The land project is a five year program supported by the united states agency for international development usaid. Others said that the legal procedures under rwandas 2015 law on expropriations were not followed. Law on expropriation official gazette of the republic of macedonia no.
Law relating to expropriation in the public interest. Funds for property valuation and fair compensation chapter ii. Department of state 2015 investment climate statement may 2015 4 1. When an expropriation is contested, the final say on the legitimacy of the expropriation or the terms on which compensation is made. Most national governments can legally acquire land for public needs such as roads, schools and other infrastructure, in a process known as expropriation. The implementation of that law, however, has caused concerns about potential human rights.
In this law, the following terms shall be defined as follows. Rwandas constitution of 2003 with amendments through 2015. Expropriation in international law receives detailed consideration in a variety of textbooks dealing generally with the broader subject area of international investment law. Can inkind compensation for expropriated real property. A new law has been introduced in rwanda allowing expropriation of land in the public interest, including minerals and other natural resources. Indirect expropriation and the right to regulate in international investment law identifies the main criteria found in investment agreements and used by tribunals to articulate the difference between the two concepts. The expropriation law provides procedures to protect the rights of. Expropriation law 2007 outlines rights and compensation procedures for land expropriated for public interest, whilst the newly promulgated valuation law 2007 stipulates valuation methods to be applied to those assets expropriated. Being an agricultural country, where over 85% of its working class citizens depend on agriculture, adds. General provisions article 1 this law shall stipulate the expropriation of the ownership and the rights that derive from it on land, buildings and other facilities real property for.
This law determines the procedures relating to expropriation in the public interest. Pursuant to the constitution of the republic of rwanda of 04 june 2003 as amended to date, especially in articles 62, 66, 67, 90, 92, 93, 108 and 201. Expropriation can be carried out only in the public interest and with prior and just compensation. It covers an area of 26,338 km in rwanda, land is an important issue due to two different characteristics. The key question in this article is the extent to which current real property expropriation practices in kigali city promote spatial justice. Two experts have taken up the task of finding out what the truth of the matter is. Other pertinent laws relating to land administration, ownership and expropriation in rwanda include. Legal analysis of farmland expropriation in namibia. General provisions article 1 this law shall stipulate the expropriation of the ownership and the rights that derive from it on land, buildings and other facilities real property for the purpose of.
Oecd ilibrary indirect expropriation and the right to. Given the fundamental law of the republic of rwanda, as modified and complemented to date, especially the constitution of june 10, 1991 in its articles 69 and 97, and the arusha peace agreement on power sharing, in its articles 6d, 163, 40, 72 and 73. Official gazette n 35 of 31082015 itegeko n 322015 ryo. A number of property owners have protested expropriation of their property by the city of kigali and claimed that the compensation offered was below market value and not in accordance with the expropriation law. The chamber of deputies, in its session of 2 april 2015. Government repression in land cases human rights watch.
Rwanda investment climate statement 2015 usembassy. What the constitution says about land expropriation. Minicom will be required to update this rpf to allow for updated policies and procedures. Reviewing decree law n 2179 of july 23, 1979 relating to expropriation as confirmed by law n 0182 of january 26, 1982. Land policy reform in rwanda and land tenure security for all citizens.
Rwanda introduces law allowing expropriation of land. Mar 31, 2017 others said that the legal procedures under rwandas 2015 law on expropriations were not followed. On this occasion, i would like to convey my thanks to norwegian people s aid npa for the financial support to the civil society stakeholders, the government of rwanda and private. Being an agricultural country, where over 85% of its working class citizens depend on agriculture, adds more pressure on land. Law n 322015 of 11062015 relating to expropriation in. Challenges and ways forward, land project policy research brief no.
Given the fundamental law of the republic of rwanda as amended to date, especially the arusha peace agreement in its part on powersharing in its article 41, and in its part on miscellaneous issues and final provisions in its article 22. The law establishes the procedure for approving expropriations in the public interest and for. Current studies focus on the ambiguous manner in which real property valuation had been regulated by the. Through the expropriation of immovables, the expropriation user shall acquire the right to use that immovable property for the purpose that the expropriation has been done for. Rwanda is undergoing rapid development, often leading to expropriation of private lands. But in many countries, weak laws allow governments and companies to take land for private interests without adequately compensating and resettling displaced people. Expropriation law 2007, the rwanda building regulations 2009 and a clients charter aimed at specifying the process of land development for potent ial inves tors 2009. Rwanda, considering two expropriation projects in kigali city. Though rwandan law is clear that private property will be expropriated only in the public interest and after appropriate compensation following market rates, property owners have complained about the definition of public interest. In march 2015, a new expropriation law came into force that included more explicit protections for property owners. The rwandan constitution, the expropriation law no.
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