The conference agenda provides an overview and details of sessions. In order to view sessions on a specific day or for a certain room, please select an appropriate date or room link. You may also select a session to explore available abstracts and download papers and presentations.
|Location: J B1-080|
|Date: Tuesday, 21/Mar/2017|
|8:30am - 10:00am||01-04: Ensuring Gender Equity|
Session Chair: Chris Jochnick, Landesa, United States of America
Land and Gender – Macedonian Experience
Agency for Real Estate Cadastre, Macedonia, Former Yugoslav Republic of
Gender equality is one of the fundamental values of the constitutional order of RM, based on full recognition and promotion of equal opportunities for women and men, an indispensable precondition for sustainable development, human rights enjoyment and exercise of democratic values. Equality between women and men are considered the question of human rights and a prerequisite and indicator of sustainable human development in general.
In the past years Macedonia has made a significant progress in the area of promoting gender equality and respecting the human rights, which at the same time are one of the guiding principles and goals of the Macedonian government (contribute to the economic empowerment of women, to encourage parents to equally divide their property)
Despite of the progress made in the past years, the gender gap continues to exist. Another factor, that leads the woman to refrain from exercising her right of ownership besides the mentioned tradition, is of course the economic issue.
How to effectuate legal rights to land? Requires a continuum of action: 1) Legal Reform, 2) Legal awareness, 3) Legal information and 4)Legal capacity. The expected results should be: More women shall be owners of property and more women shall own more property.
Inclusive Land Administration – the Case of Republic Geodetic Authority of Serbia
Republic Geodetic Authority, Serbia
Institutional and legal frameworks are established to provide equal possibilities to access and use state administration services for all citizens. However, situation in reality is not so simply and very often we are facing persons or groups that are not able to approach necessary service due to lack of information or even due to physical and other kind of barriers. Republic Geodetic Authority, as socially responsible institution oriented to the citizens has recognized this burning topic and decided to start initiative to increase the level of services provision to the vulnerable groups of citizens. This paper is aimed to show the initiatives, plans and specific measures of Republic Geodetic Authority aimed to promote and advance inclusive land administration what will be done through ongoing Real Estate Management Project supported by World Bank. The inclusive land administration component of the Project was developed to deliver mobile registration services, renovation of local registration offices (building of physical access) and raising awareness of rural women regarding their rights to own the properties.
Securing Land Inheritance and Land Rights for Women in Kenya
Transparency International Kenya, Kenya
Women face many problems with regard to land inheritance and land rights in Kenya. Individual and community land ownership do not favor women. The reason for this is that ownership of land is patrilineal, which means that fathers share land amongst sons, while excluding daughters. This practice is traditionally wide spread and partly accepted although it goes against the interest of many women and is prohibited by the constitution. Unjust land tenure regimes do not only endanger women’s livelihood, but also constitute an emotional as well as identity burden, as land is an emotional component of heritage in Kenya. From the colonial period onwards, women’s rights over land were limited and the woman’s role was to fend and produce food for the family. Thus, women would use land for only this purposes and were therefore not allowed to have absolute ownership over land. As a result, women became more unduly disadvantaged in respect to use, access to and/or control of land and other valuable property, both as members of a household or as heads of households. Cultural traditions and practices concerning women’s use, access and control of land have worsened this situation.
Ensuring Gender-equity in Compensation and Resettlement Schemes Related to Commercial Land Investments in Tanzania and Mozambique
World Resources Institute, United States of America
The disruptions to livelihood caused by commercial land investments are particularly acute for women, whose rights and access to land are already limited in many countries. It is accordingly imperative that throughout such transactions, women’s concerns are fairly considered both in negotiations over land acquisition and in compensation and resettlement programs. This research examines the extent to which women’s concerns, both in law and practice, are incorporated into compensation and resettlement schemes in Tanzania and Mozambique. The two countries provide strong case studies for examining the gender impacts of compensation and resettlement. There is a high level of foreign interest in land, along with recurrent disputes over compensation and resettlement. Both countries are considered as having progressive land laws: customary land rights are recognized and communities are consulted in any proposed land acquisition by investors. At the same time, both countries have policies and laws on gender equity. However, a lingering question is to what extent the call for gender equity permeates land legislation and accompanying regulations. This paper finds a gender-blindness in regulations concerning compensation and resettlement. Even where there are procedural protections for the rights of women in land acquisition processes, these are not explicitly extended into the compensation and resettlement process.
|10:30am - 12:00pm||02-04: Towards Regional Cooperation on Land Governance in the Arab States|
Session Chair: Franck Bousquet, World Bank, United States of America
To be completed
Challenges of Land Issues to Attract Investments in Kuwait
Municipal Council of Kuwait, Kuwait
To be completed
Land Systems to Promote Real Estate Investments
Dubai Land Department, United Arab Emirates
To be completed
A Strategic Vision for Regional Cooperation in the Arab Region
Ministry of Finance, Lebanon (Lebanese Republic)
To be completed
Importance of Regional Cooperation to Promote Land Governance in the Arab World
National Water Research Center (NWRC), Egypt
To be completed
To be completed
Conclusions and Next Steps
World Bank, United States of America
To be completed
|2:15pm - 3:45pm||03-04: Expanding and Sustaining Land Registration|
Session Chair: Jorge Espinoza, GIZ, Germany
Land Policy and Urban Development in Mali: Coping with the Data Quality Challenge
1Institute of Research for Development (French IRD), France; 2Université des Sciences Sociales et de Gestion de Bamako, Mali; 3Institut d'Economie Rurale, Mali
This paper deals with administrative data regarding the registered land property in Mali, especially in the capital city of Bamako and surroundings. For the last two years, two studies have been focusing on the exponential flow of new titles and their beneficiaries, on the one hand; on the availability of geospatial data regarding these formally secured rights, distinct from provisional and customary rights, on the other hand. The analysis has put the stress on the noticeable challenge of data quality; however it has been conducted along with the reform of land management which has been launched by the government of Mali in 2014.
This work identifies many methodological limits but also the informative potential of the existing documentation at the scale of two regions and about twenty municipalities. The research partnership is therefore founded in its role: for measuring the process of urban sprawl and land grabbing; for documenting a shared vision of planning the peri-urban area; for highlighting the current critical and deregulated land management, and its consequences for urban investments. A knowledge and data strategy is finally advocated for putting the common interest at the core of land and urban policies in Mali.
Implementation challenges of land administration in rural areas of Haiti: from the elaboration of a pre-cadaster methodology to the land tenure reform
1Comité Inter Ministériel d'Aménagement du Territoire, Haiti; 2Inter American Development Bank; 3World Bank
The earthquake of January 12, 2010 highlighted the deep institutional weaknesses in terms of land tenure in Haiti. It showed the failures of the current system of identification of property, people and rights. This results in high land insecurity for the majority of Haitian and has consequences for land use planning competencies including the protection of natural areas, agricultural productivity but also for tax collection capacity.
In the face of such challenges, the Haitian government decided in 2011 to deal with the Land tenure reform as a whole, proposing to change the legal framework, modernizing land administration tools and elaborating a methodology for the establishment of a “pre-cadaster”. The developed “Plan Foncier de Base” (PFB) is a pre-cadaster consisting of a permanent geo-referenced data base on land tenure that links parcels, owners/occupants and land rights. The objectives of the reform are to improve the security of rights on land for both people and investors.
But while the PFB is a big step towards the development of the cadaster, several challenges for cost-effective and fast expansion of coverage, but also to obtain land appraisal remain to be solved. Those elements will be discussed throughout the paper.
Role Constructive Notice Could Play to Formalize Property Rights in Kosovo
Tetra Tech, United States of America
For cultural and historic reasons property rights in Kosovo have been transacted outside the cadastral system creating widespread informality. This paper discusses reasons for informal land holdings in Kosovo, how they have been exacerbated by displacement caused by the1998-1999 conflict, and recognition by the country’s National Strategy on Property Rights of the need for an adjudicatory body applying streamlined administrative procedures to provide legal recognition of informal rights to update Kosovo’s cadastral records and resolve informality at scale. Through legal analysis, the paper explains how the legal doctrine of “constructive notice” coupled with a statutory deadline within which rights must be asserted can be applied to administrative procedures to make the process of rights recognition more efficient. Constructive Notice must, however, be delivered through robust public information and outreach campaigns to ensure any parties with an interest in the claimed property, particularly displaced persons and women, are provided with knowledge of the formalization proceedings and information required to assert their rights. Through more effective notification of formalization proceedings, the Government of Kosovo can efficiently resolve informality at scale while providing due process safeguards to protect the property rights of all its citizens.
Land Administration and Management in Haiti Program: Next Action Phase Delivering Scalable Community Level Solutions
Habitat for Humanity International (retired), United States of America
The ongoing work of the Haiti Property Law Group has reached impressive milestones with the support of the Land Administration and Management in Haiti Project (“LAMP”) and is beginning an exciting new phase. LAMP has supported steps by the Haiti Property Law Working Group to advance access to land rights while leveraging substantial in-kind and financial resources. The Haiti Property Law Working Group, Groupe Foncier, which began in 2011, has evolved into a highly effective nearly all Haitian forum for developing tools and actively tackling property rights issues. The Group of nearly 300 professionals (notaries, lawyers, surveyors), representatives of Haitian and other governments, donors, the business sector, civil society and NGOs, has developed a common understanding of current customary and formal land laws through the research and publication of two manuals and training materials. Based upon this five-year foundation, the Group is launching a new action phase applying the tools it created to solve individual and community-based land rights issues The session will share the highlights as the LAMP enters a new phase in its transformative work. The session will include discussion of the replicability of this work and next steps.
|4:00pm - 5:30pm||04-04: Experiences with Implementing Land Readjustment|
Session Chair: Robin Rajack, Inter-American Development Bank, United States of America
Rethinking Land Readjustment from a Governance-Centered Perspective: The Case of A Land Readjustment Pilot in Tra Vinh, Vietnam
World Bank, United States of America
Land readjustment (LR) has been used in many countries as a tool to promote more inclusive and efficient urban development. LR refers to a participatory process in which a group of neighboring land owners and occupants combine their land for unified planning and redevelopment in collaboration with the government or private developers. This is a win-win situation: government can upgrade the neighborhood without having to use its power of eminent domain, which often raises issues of fairness and transparency, and the landowners can remain in situ and enjoy better living conditions and an increase in their real asset value. Since March 2015, the World Bank has been providing technical support to Tra Vinh City in Vietnam on a pilot LR project, as well as to national ministries on legislation that would enable wider application of LR in Vietnam. This paper uses the Vietnam LR Pilot as a case to reflect emerging challenges, approaches and the process of applying LR from a governance-centered perspective, and also discusses how supporting legislation, an organized community, collaboration between the public and private sectors, and trust-based relationship among stakeholders could be gradually developed and strengthened to build viable institutions and governance for managing land development.
Exploring the Potential of the Land Readjustment Approach in Allocating Land for Affordable Housing from the Market Legitimacy Perspective
1University of Twente, Netherlands, The; 2Kathmandu University, Nepal
Despite growing popularity of Land Readjustment as a tool for land development in both developed and developing countries, there is a tradeoff between its applications to address the land issue for low-income housing. Therefore, this study attempts to analyze LR process from the market perspective and its feasibility to address land for affordable housing. The methodological approach adopted in this paper is the exploratory and explanatory case study approach. Finally, this study provides insight to the LR policy from the market perspective. The outcome of this study provides the number of factors that generates market legitimacy in the LR approach for allocating land for affordable housing.
|Date: Wednesday, 22/Mar/2017|
|8:30am - 10:00am||05-04: Policies for Improving Urban Governance|
Session Chair: Rachelle Alterman, Neaman Institue for National Policy Research, Technion, Israel
Comparative Analysis of National-Level Residential Planning Parameter Guidelines For Five Sub-Saharan African Countries
World Bank, United States of America
A comparative analysis of the urban planning parameters and guidelines is conducted for five Sub-Saharan African countries – Ethiopia, Uganda, Tanzania, Kenya and Rwanda. The analysis focuses on the planning parameters for residential uses, and in particular, examines the density, plot size and site/plot coverage standards. The comparison is done between the national-level standards/guidelines. These usually exist as a compendium to the national-level Urban Planning Act (eg. as a subsidiary legislation, or in a manual, handbook or code form). The main objective of the study is to better understand the approach adopted in these SSA countries to guide residential urban development. This is particularly important in the context of SSA cities where informal settlement occupy high proportion of urban land, and where there are hige challenges in the ability to support affordable housing for a large urban poor population. It further attempts to reveal the strengths and weaknesses of the guidelines examined, as a first step to potentially improve them. Potential areas for future research are also identified. The study is also one of the first attempts in this direction to fill a gap in current literature.
Addressing New Land Governance Challenges: Governance Schemes For Urban Regeneration Project In Latin America
World Bank, Colombia
Urban regeneration projects need an institutional capacity and solid arrangements between local governments and private sector. Implementation of these projects faces difficulties in urban infrastructure finance, land owner’s participation, public and private agreements for its development, and the continuation of projects beyond the city mayor’s period. In Colombia, cities have been leading urban regeneration projects for deteriorated areas using land use master plans for specific areas of cities “partial plans” (PP). Urban regulations stablish that public development agencies and public and private institutional agreements could be in charge of formulation and implementation of PP. Definition of procedures, roles, and interaction mechanisms between public and private entities are some of the components of these PP governance schemes (GS).
Main role of governance schemes will be presented through the study of 2 urban regeneration projects in Colombia, the PP of Fenicia in Bogota and the PP of Sevilla in the “Innovation District of Medellin. The study of governance schemes of these PP could be an example for other urban regeneration projects including: i) scope of the project, ii) urban regulations, iii) stake holder participation mechanisms, and iv) institutional agreement
Automated Landuse Clearance For Effective Development Control Mechanism: The Case Of Megacity Dhaka
RAJUK (Capital City Development Authority of Bangladesh), Bangladesh, People's Republic of
Sanction of a landuse clearance following the master plan is the major activity of development control practiced for a few decades in Bangladesh. Rajdhani Unnayan Kartripakkha (RAJUK) is the statutory and legitimate authority constituted by the Town Improvement Act, 1953 for planning, development and development control activity of greater Dhaka, Narayanganj and surrounding areas (TIA Act, 1953). RAJUK is an autonomous institute headed by its Chairman and five members who are the full time officials deputed by the Government who are responsible for regulating five departments as Land and Administration, Planning, Development, Estate and finance. Plan approval ensures some sort of legitimate ownership of land and estate. RAJUK (Capital City Development Authority of Bangladesh) has initiated a pilot project technically assisted by IFC to automate landuse clearance system of one of its eight zones designated for institutional service delivery of 1428 sq km of its functional jurisdictional area. This piloting should be a role model and be replicated in near future in other zones for effective service delivery of sanctioning landuse clearance. This study reveals the problems, prospects, future policy issues for automated landuse clearance for effective development control mechanism in the megacity Dhaka area.
Transparency and effectiveness in Municipal Land Use
NIRAS Finland OY
The paper introduces the current status and challenges in West-Balkan countries related to land-use planning, loss of agricultural land and growing number of illegal constructions. The situation in the last two decades has been characterized by inappropriate rural spatial planning and unsatisfactory transparency and accountability with respect to land use.
Lately region-wide significant efforts made by national and local governments for a change, by initiating the introduction of central spatial planning systems, to control land management in urban and agricultural territories and to ensure, that land use is in compliance with the local laws and subject to public scrutiny.
The success of such approach presented through Kosovo case, where experiences show, that nationwide, modular, central e-planning, based on sound legal grounds can bring about dramatic changes in so far as dealing with sounds land use policies and the everlasting struggle to combat informal settlements. The implementation of such system can ensure effective planning and controlling of national and local land management practices; it can secure zones for agriculture - all of these in transparent and cost effectiveness fashion; thereby ultimately stimulating economic growth.
|10:30am - 12:00pm||06-04: Progress with VGGT Implementation|
Session Chair: Fritz Jung, Federal Ministry for Economic Cooperation and Development, Germany
Towards a culture of good governance: Implementing the Voluntary Guidelines on the Responsible Governance of Tenure
Food and Agriculture Organization of the United Nations (FAO), Italy
The Voluntary Guidelines on the Responsible Governance of Tenure of Land (VGGT) have proven to be a very effective mechanism for participatory policy processes in many countries. By creating a multi-stakeholder platform where all relevant actors have a voice and can participate in the decisions that will affect their lives, the implementation of the VGGTs has proven to be a model of good governance that may well have strong spillover effects in areas beyond land, fisheries and forestry. The article will describe the successful experience of implementation in Sierra Leone, where the new land policy was developed through the multi-stakeholder process and the actual text of the policy draws language from the VGGTs. Using data and experience from other countries, the article performs an analysis of the factors for successful implementation of the VGGTs, including political will, an institutional framework with clear roles and responsibilities, an inclusive steering committee, a well-functioning multi-stakeholder platform that guarantees voice to all relevant stakeholders at central as well as decentralized levels, capacity developed among the actors to participate effectively in it, and strong accountability mechanisms. The article also analyses, with examples of several countries, the factors that hinder implementation.
The Voluntary Guidelines on the Responsible Governance of Tenure (VG): Core attributes of Successful Implementation by Countries
Food and Agriculture Organization of the United Nations, Italy
On 11 May 2012, the VG were endorsed by CFS. FAO’s work started with awareness raising on how people could use the VG, whether they work in government, CSOs, the private sector and academia. And this work is ongoing – it never stops. Awareness raising provides a platform for other activities.
Drawing on FAO’s extensive experience at country level over the past five years in supporting countries in implementing the VG, the paper highlights on major axes of successful interventions across the whole set of countries of various regions and continents. Those are in four of the key areas where specific core approaches have been found to be successful in moving the responsible tenure governance agenda forward and illustrates these approaches with detailed country examples. The four key areas are as follows:
1. National multi-stakeholder platforms and processes; how they are constituted, how they work and what support is needed
2. Institutional frameworks, ministerial commitment and secretariat support
3. Capacity development
4. National policies and laws.
These elements should not be seen as being separate because the greatest benefits come when they are interlinked and mutually reinforcing. This paper will cover FAO’s experience on all these element one by one.
UN-REDD’s Progress in Supporting Partner Countries to Address Land Tenure
United Nations Food and Agriculture Organization, Italy
This paper presents what has been learned from the past 2.5 years of the UN-REDD Programme’s support to its partner countries to address tenure issues within the framework of REDD+. Following the request in the Cancun Agreements for country parties to address land tenure issues, and based on the conviction that tenure security is an important enabling condition for reducing deforestation and degradation, the UN-REDD Programme has provided financial and technical support to a number of its partner countries in Africa and Asia. The Voluntary Guidelines on the Responsible Governance of Tenure serve as the basis for informing and guiding work on tenure in the context of REDD+. Countries receiving support include Malawi, Tunisia, Benin, Madagascar, Zambia, Uganda, Laos, Sri Lanka, and Vietnam.
The paper provides a summary of the type of support provided to each country and the main results and findings from the work undertaken. Common issues seen across countries and regions are highlighted in an effort to better understand how REDD+ programs may influence tenure security. Based on the experience to date, the author discusses some of the challenges to be overcome in order for efforts related to REDD+ and land tenure to be mutually reinforcing.
FAO Moving into a New Phase of VGGT Implementation
The momentum created by the endorsement of the Voluntary Guidelines on the Responsible Governance of Tenure of Land Fisheries and Forests in the Context of National Food Security (VGGT) and the subsequent uptake by numerous global and regional governmental and non-governmental actors provides an opportunity to chart a new era of sustainable development through the responsible governance of tenure. The Food and Agriculture Organization of the United Nations (FAO) is making a significant contribution to this momentum. This study provides an insight into FAO’s VGGT Implementation Programme, reflecting upon the lessons learned to date from a broad range of initiatives and country projects. It captures the dynamic nature of global and national developments in the governance of tenure and sets out key strategies to meet these emerging challenges which are included in the next phase of FAO’s Implementation Programme.
|2:15pm - 3:45pm||07-04: New Ways to Track Large Farm Performance and Compliance|
Session Chair: Chris Penrose Buckley, DFID, United Kingdom
Articulating a Rights-Based Argument for Land Contract Transparency
Columbia Center on Sustainable Investment, United States of America
This paper explores whether and how existing state obligations under human rights law require disclosure of land contracts and more transparent contracting processes around land investments. It focuses on the extent to which guidelines for responsible land-based investment, which encourage greater transparency, reflect existing host and home state obligations. Based on a review of relevant human rights law and authoritative interpretations thereof, the paper articulates rights-based arguments for land contract disclosure, based in particular on rights to participation and the right of access to information. This rights-based approach, which has not been fully articulated to date, bolsters understanding of the extent to which best practice recommendations regarding transparency in land investments are reflected in binding human rights obligations, and thereby provides arguments for pushing the transparency agenda forward with states. Moreover, where uncertainty exists regarding how best to implement recommendations regarding land contract disclosure, rights-based arguments can serve to inform and shape measures adopted in pursuit of implementation. The paper also seeks to encourage greater discussion of the links between human rights law and transparency in land investments within the various fora and communities of practice focused on these issues, and to lend legal weight to policy arguments.
Systematic and Rapid Assessment of Concessions Using GIS and Remote Sensing: The case of Economic Land Concessions in Cambodia
1ESRI, United States; 2Indufor North America, United States; 3Forest Trends, United States
Over the past decade, significant attention has been given to the rapid increase in the allocation of large-scale commercial land concessions within developing countries. Concerns have been raised regarding the process by which concessions were granted as well as the subsequent management of them. Some of those concerns include social displacement, large-scale deforestation, and the lack of monitoring and oversight related to adherence with national laws. Using lightweight GIS and remote sensing data, a methodology will be explained for how one can go about monitoring and analyzing key concerns related to economic land concessions, including the extent of forest cover loss, extent of planting, potential social displacement, and adherence with local development requirements.
A recent study focusing on economic land concessions in Cambodia will serve as a concrete example for discussion.
The Land Matrix initiative – from a global data base to a network of decentralised and thematic land observatories
1GIGA, Germany; 2CIRAD, France; 3University of Pretoria, South Africa; 4CDE, Switzerland; 5International Land Coalition, Italy; 6Investigador Independiente del CONICET
Over the years, the LM has encountered several challenges and, in order to respond to them, has restructured and adapted its activities and methodologies – particularly by decentralising and transforming from a global initiative and dataset into a network of decentralised and thematic land observatories. The objective of this paper is to present these challenges (section 1), ii) to detail how the LM responded to the latter and to critically assess its present contribution (Section 2).
Land Concession Data Transparency: A Survey of Fourteen Forested Countries
1World Resources Institute, United States of America; 2Columbia Center on Sustainable Investment, United States of America
Global demand for agricultural commodities, minerals and forest products is a significant driver of deforestation worldwide. These activities occur on land allocated by governments to companies for extractive or productive purposes, known as land concessions. Data on the location, ownership and extent of land concessions is essential to attribute drivers of forest loss, monitor environmental impacts of ongoing activities, demand accountability and ensure efficient and sustainable allocation of land. However, most countries lack comprehensive information on the precise location, extent, ownership and use of land concessions. To date, no previous studies have assessed the availability of open spatial information on land concessions across countries or sectors. This paper fills this knowledge gap by providing a survey of the state of play in land concession transparency for the first time, with a special emphasis on spatial data. More specifically, this paper examines the completeness and quality of land concessions data in fourteen forested countries, as well as the laws governing the disclosure of concessions data and an assessment of the implementation of these laws. Each country and sector is evaluated against criteria for data accessibility and quality, and, based on these findings, recommendations are made to improve land concessions data access.
|4:00pm - 5:30pm||08-04: Corridors and Agricultural Investment Zones for Africa?|
Session Chair: Mandi Rukuni, LGAF Technical Advisory Group, Zimbabwe
Large Scale Land Acquisitions for Investment in Kenya: Is the participation, and benefits of affected local communities meaningful, and equitable? A case study of the situation in Lamu, Isiolo and Siaya Counties.
1University of Nairobi, Kenya; 2Land Development and Governance Institute; 3Land Development and Governance Institute
Land acquisitions, either driven by foreign investments or domestic investment needs have continued to polarize opinions. When this research was proposed, it was premised on arguments by scholars Ruth Meinzen-Dick and Helen Markelova, who had analysed agricultural land deals, and argued that there were potentially two schools of thought about foreign acquisitions over agricultural land. Their school of thought regards them as “beneficial investments” whereby investors are viewed as bringing needed investment, possibly improved technology or farming knowledge, thereby generating employment and increasing food production. Meinzen-Dick and Markelova further argued that because these land acquisitions, foreign and domestic, are ongoing at a very fast rate, it is necessary for host countries to focus on what they can do to seize the opportunities and mitigate the risks associated with the deals. Thus, a national conversation is necessary to debate the crucial question of how to provide safeguards to protect the interests of local communities directly affected by these investments, including compensation of land that is taken, and their place in the socio-economic and environmental continuum of investment projects from design to implementation.
Combating poverty. Cluster farming initiatives in Nigeria
1Adam Smith International, Nigeria; 2Government of Jigawa State
Agriculture is central to the economy of Jigawa State in Nigeria. The cumulative impacts of poverty, environmental degradation and increasing population has resulted in decreased efficiency and reduced yield. Increasingly the state has, along with neighbouring states in northern Nigeria, become vulnerable to increasing levels of hunger and malnutrition amongst the rural poor. The state has reacted by developing a system of local ‘cluster farm’ initiatives in all 284 local wards to address the problem and to educate and encourage farmers to adopt an increasingly commercial ‘for profit’ approach to production of staple crops suited to the local environment. These crops are rice, ground nut, soya bean and sesame.
Land status of agricultural concessions in Kinshasa (D. R. Congo): Legal framework limitations to Production Incentive.
1Economics and Rural Development Unit , University of Liege, Belgium; 2Agricultural Economics Department, University of Kinshasa, Democratic Republic of Congo; 3Faculty of Law, Unversity of Kinshasa, Democratic Republic of Congo
The results of this analysis highlights that since the enactment of the 1973 Land Act, access to agricultural land in this region rarely comply with legal procedure; most land occupants rather transact with various individuals who have customary rights over lands (traditional chiefs) instead meeting the competent services. As a matter of fact, from a legal standpoint, most of the occupants limit themselves to awarding a provisional occupancy contract, which is just a preparatory step to agricultural concession, the issuance of which appears to be less complicate as per common practice in the constituency. The fact that land owners limit themselves at the stage of the provisional contract, usually far beyond the officially prescribed deadline, without even launching the application for the concession contract justifies the lack and poor level of development of occupied lands. Meanwhile, the value of these lands increases. The great trust gained by owners from the land administration and the payment of customary rights enables him/her to keep the funds in serenity and to receive yearly appreciation without an actual agricultural production. Thus, lands status obtained on the basis of this double recognition ensures an apparent land tenure security but does not promote agricultural production.
|Date: Thursday, 23/Mar/2017|
|8:30am - 10:00am||09-04: Protecting Land and Associated Natural Resources|
Session Chair: Virgilio delos Reyes, Stanford Law School, United States of America
Mangrove Governance and Tenure: Insights for Policy and Practice from Selected Sites in Indonesia, Tanzania and a Global Review
1Center for International Forestry Research, Kenya; 2Center for International Forestry Research, Indonesia
Mangrove forest ecosystems are highly productive, rich in biodiversity and adapted to the harsh and variable interface between land and sea. Despite their crucial ecological and socioeconomic roles the world’s mangrove are on the decline. This paper presents results of a study on mangrove governance and tenure in Indonesia and Tanzania and a review of the global literature.
There is a mismatch between the attributes of the mangrove resource (i.e. being both on land and sea) and the legal and institutional frameworks designed and adopted for their governance. Most mangroves are managed by single, mandated authorities such as forestry agencies which for the most part are under resourced. Where institutional design takes into account the biophysical complexity of mangroves, a coherent coordination framework is lacking. Paradoxically, mangrove governance does not demonstrate the diverse management regimes that are characteristic of terrestrial forests even though the systems and rules underpinning their management are drawn heavily from terrestrial settings. Where community rights to mangroves are expanded and formally recognized (such as in parts of Asia and Latin America) positive outcomes for resource condition and rehabilitation efforts are increasingly evident. Gender equity is not considered in any meaningful way in mangrove management.
Governance of the Land-Water Interface in Southeast Asia: A Policy Reform Agenda for 21st Century Challenges
1Independent researcher specializing on land and social development issues in Southeast Asia; 2Co-Executive Director of Land Alliance.; 3Ph D Scholar at the International Institute of Social Studies, The Hague, The Netherlands.
This paper sets out a policy and research agenda for addressing the unique governance problems of land-water interface in Southeast Asia. It traces the evolution of separate water and land policies and administrative regimes through colonial and post-colonial developments and current institutional configurations that caused the proliferation of simplistic policies and programs which ignore customary practices. It highlights how legal regimes meant for individual and commercial users fail to account for the reality of communal use. Consequently, large-scale investments in land have consistently breached customary water entitlements and vested ownership, management, and control of water in the State, thereby decoupling water rights from land-use rights. Such investments are also responsible for frequent land grabs that go hand-in-hand with water grabs, environmental degradation and resulting livelihood uncertainties. The paper recommends an enabling environment for rural smallholders and local communities so they can engage in land and water issues for better resource use. Public investments must be promoted to achieve an equitable distribution of benefits and sustainable management of natural resources. This is possible only if the multiple sources of land and water rights are taken into consideration and an integrated and coherent approach for reforming land and water governance is pursued
Understanding the change of regional cultivated land pressure in China: 2000-2012
1huazhong university of science and tecnhongy; 2huazhong university of science and tecnhongy; 3Queensland University of Technology
The fast development of industrialization and urbanization has resulted in a great loss of farmland in China. As a result, the development of cultivated land resource faces enormous pressure. This paper applies the modified model of cultivated land pressure index and the Theil index to analyze the provincial cultivated land pressure and regional characters in China. The research shows that although the cultivated land pressure increased slightly from 2000 to 2012, the overall cultivated land pressure was under control and the cultivated land resource maintain the balance of supply and demand. The central of gravity of the cultivated land pressure has moved into the southeast and the safe cultivated land pressure has moved into northeast. Geographically, the cultivated land pressure of the southeastern coastal area has been transformed from safe pressure to mild pressure and showing a distinct tendency into high pressure. The cultivated land pressure of the most areas in the northeastern and the northern areas has been transformed from moderate, slight to no pressure. At the same time, the difference of cultivated land pressure is mainly caused by intra-regional difference within the eastern, central and western area in China, with the average contribution rate as high as 76.85%.
Tenure Integrity, Security and Forestland Transfer: Evidence from Jiangxi Province, China
1Nanjing Agricultural University, Jiangsu, China; 2Gannan Normal University, Jiangxi, China; 3The University of New South Wales, UNSW Canberra, Australia
Forest is recognized as an important resource which not only contributes to combating rural poverty and ensuring food security, but also bears the responsibility of maintaining a friendly ecological environment. The new round of collective forest tenure reform in China since 2003 provides farmers with more integrate and secure forestland rights. Based on household data collected in Jiangxi province in 2011 and 2013, this paper examines the impacts of households’ recognition of tenure integrity and security on forestland transfer activities. Our empirical results show that households with higher perception of use rights and mortgage right would reduce the probability and intensity of renting-in land, while households with lower anticipation of forestland redistribution or expropriation are more likely to rent in more forestland. In order to promote the development of forestland transfer market and stimulate a sustainable utilization of forest resource, the government may further facilitate the enforcement mechanism of the forest tenure reform and improve such supplementary measures as establishment of a well-functioning transfer platform, and a well-performed rural social security system.
|10:30am - 12:00pm||10-04: Key Achievements in the ECA Region and the Road Forward|
Session Chair: Fadia Saadah, The World Bank, United States of America
Unification of Cadastre and Registry
Rosreestr, Russian Federation
This presentation is devoted to unification of cadastre and registry in the Russian Federation. It reviews three main steps towards improvement and unification cadastre and land registry systems such as reformation of administration system, improvement of legislation and creation of a single software product. The unified database nowadays is Unified State Register of Real Property (EGRN). Creating the unified registration system of real property objects consisted of several phases. The implementation of each phase allowed Rosreestr to expand the range of services provided in electronic form. Unification of the Law on cadastre and the Law on registration of real property rights into the Federal Law No. 218-FZ ”On State Registration of Real Property“ of 13.07.2015 was instrumental in unification of cadastre and registry. This Federal Law established a unified procedure combining cadastral and real property rights registration. The presentation also considers development of the infrastructure for registration of rights and cadastre in the Russian Federation, services for citizens and business, public cadastral map and cooperation of Rosreestr with the World Bank in the field of property and land.
Republic Geodetic Authority, Serbia
Republic Geodetic Authority (RGA) is a state institution, which was entrusted with the official records of real estate and real estate rights holders, as well as with the obligation to provide reliable and up to date geospatial data on national level. It is a national Spatial Data Infrastructure coordinator and INSPIRE National Contact Point. Republic of Serbia is one of the first countries around the world, where the Global SDI Diagnostic Tool, developed by the World Bank and FAO was tested helping in estimation of weaknesses reflected in making the best use of NSDI. At the beginning of 2017 Government of Serbia adopted RGA Strategy till 2020 that foresees development of Regional Center of Excellence for Geospatial Information Management, which would improve the use of the available data and services. Such Center would also accelerate the European integrations of the entire region, improve the cooperation between the institutions and the countries in the region and enable the region to keep up with technological innovations and experiences world-wide. The basic function of the Center would be to develop, find and share the most optimal solutions for the geospatial data management within the spatial data infrastructure through innovation, developing methodologies and training.
Establishing a National Spatial Data Infrastructure
Kosovo Cadastre Agency, Kosovo
New country with new a approach, Republic of Kosovo is undergoing enormous political, cultural and social transformation, including dealing with geo-spatial data. The Government of Kosovo has recognized the importance of developing a National Spatial Data Infrastructure (NSDI), and acknowledges the geo-information as of high importance on spatial planning, on political decision making or on identifying preventive activity to avoid disasters by taking prudent steps, etc.
NSDI in Kosovo aims to establish a technological, institutional, legal and administrative framework for inter-organizational collaboration that will be in line with INSPIRE Directive. Also it will support e-governance and institutionalization, it will integrate geo-information from different sources into one infrastructure, and it will avoid duplication of spatial data acquisition, storage, and maintenance, it will establish effective business processes which meet the needs of the stakeholders and promote the accessing, sharing and distributing the spatial data.
Pursuant the Law on Cadastre No. 04 L/013, article 23, the Kosovo Cadastral Agency was given responsibility for NSDI coordination, prioritizing data harmonization with the European Directives, including the INSPIRE Directive. Also, the draft Law on NSDI that is proposed to the parliament of Kosovo is strongly aligned in accordance with the European Union Directive 2007/02.
3D Land and Urban Systems
Sito Oy, Finland
The paper discusses today’s land administration and management investments and questions whether the investments mirror correctly urban land systems of 2026 and the era they mean to serve. As a sample, the World Bank’s technical land administration support often consists of investments to land and cadastral records, and in their most advanced scope focuses on automation and digital solutions; sharing and exchanging geospatial data; provision of electronic services; and integrating land and geospatial records to the eGovernment infrastructure of the nation. New applied services (such as One Map, Mass Valuation Systems, and State Land Management) are being introduced, and in parallel endless number of private sector applications and Start Ups make use of Open Data policies. However, conceptually, the manual era and 2D logics still dominate, which scope this paper suggests to be outdated. Private sector professionals including Architects, Geospatial providers and Construction companies operate already 3D environments, cities globally invest in 3D models, and 3D processes are starting to emerge. The paper concludes that today’s land and urban system investments should support 3D infrastructure and services as the rule, and that the 3D land and urban systems will become the norm in cities by 2026.
Blockchain and Land Rights
Lantmäteriet, the Swedish Mapping, Cadaster and Land Registration Authority, Sweden
The blockchain technology is regarded as a “new technology”. It is predicted that the blockchain technology will be the “next Internet” or at least to be one of the top disruptive inventions for businesses and administrations all over the world.
Many organizations and companies in both private business and public sector are looking into the possibilities and advantages with the blockchain. The financial sector with the banks at the front is keen on finding ways to use the technology to develop financial transactions.
An area that is very close to the financial sector is the Land and property sector. National economies normally rely a lot on a working real property market. The information about real properties, boundaries, ownership land and land rights is crucial to the processes of building society, working economy and democracy. National Land Administrations need to be systems of trust.
For this reason it is quite natural; that a technology that promise trust, security, transparency and good use of smart contracts; is of great interest to the development of systems for Land Rights. For nations in transition the blockchain technology offers a fast track to a future state that normally takes decades to reach.
Blockchain: Feasible or Not?
Dutch Cadastre, Land Registry and Mapping Agency (Kadaster), Netherlands, The
Blockchain is the technology that underpins the bitcoin cryptocurrency and may be of interest as an application for Land Administration.
Land administration is the process of determining, recording, and disseminating of information about ownership, value and use of land when implementing land management policies.
It consists of two components: Land registration (deeds or titles) and Land recording + cadastral mapping. Land Registration consists of a triple: object, subject and right (in rem).
Being a transparent, decentralised, immutable and distributed technology that is publicly available, blockchain may meet the Land administration requirements, e.g. a continuum of land rights, claimants and spatial units, a geographic reference and, amongst others, history and transparency.
There are several private initiatives and next to that some governmental parties are exploring blockchain technology. Up until now it is uncertain what are the possibilities to create a blockchain-based Land Administration.
Key questions with regard to the concept of trust, the possible use of smart contracts as well as the various services a well functioning land registration can provide (archiving, registration and information) are adressed in this paper. Blockchain can be of use, although it does not seem to be feasible to replace a complete system of Land Administration.
Use of GIS in Mass Valuation
National Cadastral Agency, Belarus
To be completed
|1:00pm - 2:30pm||11-04: Roundtable on Gender and Community Rights|
Session Chair: Margaret Rugadya, Ford Foundation, Kenya
Setting the scene
Resource Equity, United States of America
To be completed
Reflections based on Nambia experience
Landesa, United States of America
To be completed
Reflections based on Ghana experience
Kwame Nkrumah University of Science and Technology
To be completed
Reflections on Gender Issues in Forest Tenure
To be completed
|2:45pm - 4:15pm||12-04: Formalizing Customary Land|
Session Chair: Margaret Rugadya, Ford Foundation, Kenya
Piloting the Protection of Customary Land Rights in Acholiland: A Research Project of the Joint Acholi Sub-regional Leaders’ Forum (JASLF) and Trόcaire
1University of South Carolina, United States of America; 2Joint Acholi Sub-region Leaders' Forum; 3Trócaire
This presentation, based on evidence-based field research, provides an overview of a project documenting how customary communal land is organised, managed and administered in 46 clan-based land-holding groups in the Acholi sub-region of northern Uganda.
The project was commissioned by the Joint Acholi Sub-regional Leader’s Forum following the return of the Acholi rural population to pre-displacement land after a twenty-year conflict. The main goal has been to obtain information concerning both the core principles and practices of Acholi customary communal land tenure and the complex local-level variations across the sub-region, with the ultimate goal of enhancing the protection and security of customary land rights and land use for both individuals and communities.
This conference presentation provides an overview of some of the main field-research findings and recommendations, including following up on the strong sentiment of those interviewed that their communal land be demarcated and registered. It provides foundations for what could be – if follow-up research can be scaled up and implemented across Acholi – a comprehensive evidence-based exercise that responds directly to a recent World Bank study that identifies “organising and formalising communal groups, demarcating communal land boundaries and registering communal rights” as key to improving land administration in Sub-Saharan Africa.
Assessment Of Impacts Of Pilot Interventions In Customary Land Administration. Evidence From The Ghana Land Administration Project
Ministry of Lands and Natural Resources, Ghana
Customary land governance in Ghana has over the years been characterized by lack of transparency and accountability and tenure insecurity due to indeterminate boundaries, protracted litigation, poor records keeping and general indiscipline in the land market. Formal laws operates alongside customary laws and practices on land. Whilst about 80 percent of the lands belongs to customary authorities, only 20 percent are state owned. Customary authorities often lack the requisite expertise to administer and manage their lands. The problem required immediate interventions to improve the customary land governance system in Ghana.
The government through the Ghana Land Administration Project has initiated a number of pilot interventions in selected Traditional Areas across the country over the last ten year. They include the establishment of customary land secretariats, demarcation of customary boundaries; ascertainment of customary laws on land and family and demarcation of rural parcels. Whiles some successes have been achieved in terms of numeric targets, assessment of actual impacts on beneficiaries has not been undertaken. This paper presents finding of an independent assessment of the pilot interventions in improving customary land governance and ensuring tenure security and linkages of the outcomes to the overall national development agenda.
Securing Family And Community Land Rights For Equity And Sustainability Through Resilient Traditional Land Management Institutions
1Land and Equity Movement in Uganda - LEMU, Uganda; 2Land and Equity Movement in Uganda - LEMU, United Kingdom
The majority of Ugandans hold land under the customary land tenure system. Whilst customary tenure is recognized in law, the traditional governance system under which it is managed, has not until recently been recognized. This paper sets out that for those communities seeking to use a customary approach, their rights are best managed and protected through traditional management institutions.
Many customary approaches to land management cannot be accommodated in a freehold system. Traditional governance systems are progressive and can respect family traditions, as well as promoting sustainable agricultural methods. To achieve security and certainty over rights, some of the major tribes in Uganda have written down their own land rights and responsibility for land management.
The pursuit of freehold has weakened the traditional system (despite the latter being recognized in law) by promoting it as preferable. The customary system does not require replacement. In failing to accommodate traditional processes in favor of freehold, there is a serious risk of undermining customary methods for managing and protecting the vulnerable and providing them with livelihoods safety nets. This is evidenced in the Uganda example, and applicable in other similar situations.
Customary Leaders Mapping Parcels in Mauritania and Senegal
University of Arizona, United States of America
To be completed
Reconciling Customary and Statutory Resource Rights for Land-Use Planning in Zambia
1USAID Tenure and Global Climate Change Project, Zambia; 2Terra Firma Ltd.; 3Terra Firma Ltd.; 4Petauke District Land Alliance; 5USAID Tenure and Global Climate Change Project, Zambia
There is growing momentum in Zambia to provide opportunities for households and communities to document their customary land rights, which USAID has been supporting since 2014. Most of these chiefdoms have pockets of land that is ostensibly state land, but which is de facto under community/customary control, for example game management areas, resettlement camps, forgotten forest reserves, pre-colonial titled farms and game ranches. Additionally, the state has management rights over all forest and wildlife, even on customary land. Given Zambia’s one way transition process for conversion of customary land to state land and the vast areas within limited state presence, many of these statutory rights are latent, and in some cases are unknown to government. The documentation of customary rights in this context will raise these latent claims and has the potential for government to reassert tenure rights over these areas and resources.
This paper will describe the process that USAID’s Tenure and Global Climate Change Project is undertaking across a 200,000+ hectare chiefdom to systematically document customary rights, while navigating relationships and agreements with a variety of Ministries and Departments to clarify customary rights across a range of overlapping customary and statutory tenure systems.
Why Traditional Chiefs Engage in Land Administration and Experiences so far
Her Royal Highness Chieftainess Mkanda, Zambia
Victoria Kalondwe, is Chieftainess Mkanda of the Chewa People of Chipata District under Paramount Chief Gawa Undi, whose area spreads across Malawi, Zambia and Mozambique. Chieftainess Mkanda is one of 212 Chewa chiefs across these three countries. Chieftainess Mkanda is responsible for allocation and administration of all customary land within her chiefdom. She is also responsible for law enforcement and management of traditional court systems. Since she was installed as Chief in 2010, she has participated in numerous development programs and was the first chief to complete a systematic land documentation process with USAID. Her Chiefdom is predominantly agricultural and borders Malawi. It is just 30 kilometers from Zambia’s Eastern Province Capital of Chipata. The Chewa practice matrilineal inheritance.