Gambiaj.com – (BANJUL, The Gambia) – The Ministry of Lands, Regional Government and Religious Affairs has announced the completion of the draft National Land Policy (NLP) 2026-2035, marking a significant step toward comprehensive land governance reform in The Gambia.

The draft document, which is now open for public and stakeholder feedback, outlines major policy shifts aimed at addressing land tenure insecurity, weak administrative frameworks, and environmental sustainability. However, while the policy sets ambitious goals, potential contradictions, ambiguities, and loopholes remain.

Key Features of the Draft National Land Policy

The draft NLP introduces a structured approach to land tenure and administration, covering Customary, Freehold, and Leasehold systems. Among its key priorities is ensuring equitable access to land, particularly for marginalized groups such as women, youth, and Differently Abled Persons (DAPs), who have historically faced discrimination in land ownership and usage.

Additionally, the policy proposes digitizing land records to improve transparency and prevent fraud. It also emphasizes the regularization of informal settlements, which have expanded due to tenure insecurity. Another significant feature is the National Land Use Plan, which aims to improve zoning regulations, reduce environmental degradation, and streamline land allocations for residential, commercial, and agricultural use.

The legal framework governing land administration is also set for reform, with recommendations for amending outdated laws such as the State Lands Act (1991), the Land Acquisition Act, and the Land Commission Act. The policy acknowledges the inefficiencies in land dispute resolution and proposes the establishment of a National Land Administration System (NLAS) to harmonize processes across government institutions.

Potential Ambiguities and Contradictions

Despite its broad scope, the draft NLP contains several areas of ambiguity and potential contradictions. One major issue is the overlap between customary and statutory land governance.

While the policy recognizes customary land tenure, it simultaneously promotes formal registration of all land. This raises concerns about how traditional landowners, particularly in rural areas, will navigate the transition to formalized land titles.

Additionally, the policy states that all land should be registered and titled, yet it does not specify how disputes over land claims will be resolved between communities with longstanding customary rights and new registrants under the formal system. This lack of clarity could exacerbate conflicts rather than resolve them.

Another notable concern is the lack of explicit restrictions on large-scale land acquisitions by foreign investors.

The policy promotes responsible land investment, but without clear legal safeguards, there is a risk that powerful actors could exploit ambiguities to acquire large tracts of land, potentially displacing local communities.

Furthermore, while the policy seeks to enhance gender equity in land ownership, it does not adequately address inheritance laws, which often favor male heirs under customary traditions.

Without specific legislative amendments, women may still face barriers in securing land rights despite the policy’s stated commitment to inclusivity.

Next Steps and Public Consultation

The Ministry of Lands has urged stakeholders, including civil society organizations, local communities, and development partners, to review the draft document and provide feedback. The policy is available for public access on the ministry’s official website.

With land disputes and tenure insecurity among the most pressing socio-economic issues in The Gambia, the finalization of this policy will be crucial in shaping the country’s development trajectory.

However, ensuring that the policy is clear, enforceable, and inclusive will require careful scrutiny and meaningful engagement from all stakeholders before it is formally adopted.