Conference Agenda

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Session Overview
03-13: Institutional Arrangements to Manage Communal Rights
Tuesday, 21/Mar/2017:
2:15pm - 3:45pm

Session Chair: Sandra Joireman, University of Richmond, United States of America
Location: MC C2-125

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Managing Customary Land in Fiji

Kelera Gadolo

I Taukei Land Trust Board, Fiji Islands

The purpose of this paper is to present and demonstrate an existing institution in Fiji, the I Taukei Land Trust Board (TLTB) solely deals in Indigenous Customary Land and specifically the management of that land through leases i.e. over 40,000 leases of all types of uses from residential, industrial, agricultural to that of conservation or licensing for felling and gravel extractions in partnership with other stakeholders in Fiji; the paper illustrating functions and processes that has successfully protected and progressed Indigenous Landowners in the context of contributing to the country’s whole economy through their land/asset holdings.

Fiji is a small island nation located in the South Pacific having 300+ islands only with only 900,000 in population; the above stated platforms is a stepping stone for the indigenous people of Fiji and for the South Pacific. As such Fiji feels the need to share the progresses made thus far as a bench mark to the Pacific Region or the world, where the results in Fiji would be one to display, encourage and educate the Pacific of a positive depiction of indigenous people working together with support of Government and other stakeholders to progress for the betterment of their future generations.


Complications in land allocations: appraisal of the Community Land Act 2016, Kenya

Mr. Tom Chavangi, Prof. Muhammad Swazuri, Mr. Geoffrey Nyamasege, Ms Esterina Dokhe

National Land Commission, Kenya

Land use, management and ownership in Kenya has over the years been an emotive issue. Being the most valuable resource, it was a key driver for the new constitution. The manner in which this resource is allocated, accessed, and managed is central to the country’s efforts to promote socio-economic development by alleviating poverty and creating wealth. However, this has not been the case since independence with increased land historical injustices. Njonjo and Ndungu Commissions were formed to bring land reforms. The land reforms failed to confront the materials consequences of unequal access. New laws either were not redistributive or transformative save for the new Constitution of Kenya (2010). The purpose of the Act is to provide for the recognition, protection, and registration of community land rights, management and administration of community land and the role of County Governments in relation to unregistered community land.The Constitution vests community land and its ownership in communities identified on the basis ethnicity and culture or similar community of interest. In view of this, community land ownership in Kenya, if unregistered would be held by county Governments on behalf of the communities. However, these is set to change once the communities secure collective titles.


Territorial planning at community level in Mozambique: opportunities and challenges in a context of community land delimitation

José Monteiro1, Antonio Inguane1, Emídio Oliveira1, Simão Joaquim2, Lázaro Matlava2

1Community Land initiative (iTC), Mozambique; 2Ministry of Land, Environment and Rural Development, National Directorate of Land

This paper highlights the potential methodological approaches that can be integrated in a fit-to-purpose administration system, specifically with community land delimitation process, to improve land use and territorial planning at community level. The intention is to bring importance to the development practitioners to look at rural communities as dynamic settlements that gradually are becoming urban settlements. Land dynamic in Mozambique is complex, as it is directly linked to economic, social and environment aspects. Most of the challenges we face in the land sector are caused by population growth; increased land-based investments, infrastructure development (roads, bridges, electricity, etc.), climate change, poorly led resettlement processes and limitations in institutional capacity. The 40% growth of Mozambican population, since 1997, will leads to similar world’s unprecedented demand for food, water and energy, as mentioned by Kring (2012). These factors increase challenges to the land administration system, and some, as stated by Monteiro (2016), include: (i) need of territorial planning, with a balanced and sustainable use of land and natural resources; (ii) Community accountability, recognizing the role of rural communities in land administration and management systems; and (iii) information management, to ensure accessible, reliable and efficient information for land use planning, management and economic growth.


Has Devolution of Forest Rights in Nepal Enabled Investment in Locally Controlled Forest Enterprises?

Bishnu Prasad Sharma1, Steven Lawry2, Naya Sharma Paudel3, Anukram Adhikary3, Mani Ram Banjade2

1Tribhuvan University, Nepal; 2Center for International Forestry Research; 3Forest Action, Nepal

Nepal embarked in the 1970s on an ambitious national initiative to devolve forest rights to local communities. Historically, forest rights were largely vested in the state, and most uses of forested land and products were subject to strict direct regulation by district-level forest agencies. Recent reforms grant a significant range of forest use and management rights to Community Forest User Groups (CFUGs). Anecdotal evidence suggests that CFUGs are using their new proprietary rights to spawn or attract a variety of forest-based enterprises, including timber harvesting and milling companies, tourism activities, and small firms that process and market NTFPs. This paper reports on the first systematic study that evaluates the investment effects attributable to Nepal’s forest rights reform program. In addition to assessing the affects of tenure reforms on investment activity, it considers the performance of CFUGs in fostering and managing investment, how regulatory roles of forest authorities have changed in light of the greater rights exercised by community institutions, and the patterns of local participation and benefit-sharing in new forest-based enterprises.


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