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04-06: Can Documenting Communal Rights be Cost-Effective?
Land Documentation in Zambia: A Comparison of Approaches and Relevance for the National Land Titling Program
1USAID Tenure and Global Climate Change Project, Zambia; 2USAID; 3Surveyor General, Ministry of Lands, Zambia
Since 2014, Zambia has been preparing for the launch of a systematic land documentation process to increase tenure security, improve service delivery in informal settlements, rural areas and peri-urban areas, as well as increase tax revenue. Zambia’s Ministry of Lands has the intention to launch a National Titling Program. This paper examines the approaches piloted in Zambia on customary and state land documentation over recent years. It examines the hardware, software, data standards and processes associated with systematic documentation in Zambia, as well as the anticipated structures for long-term administration. For example, it examines the extent to which each process includes spatial data, data accuracy requirements, how each process validates field data collected through witnesses and key informants, and the structure of land certificates. The paper continues to consider how the approaches will have to be adapted in informal settlements, peri-urban and rural areas. While most of the land documentation experience in Zambia to date has focused on rural, customary chiefdoms, the most pressing need for documentation will be within the informal settlements and at the peri-urban interface of customary and state land.
Rigorous Impact Evaluation of Land Surveying Costs: Empirical Evidence from Indigenous Lands in Canada
1Natural Resources Canada, Canada; 2University of British Columbia, Canada
The cost of systematically registering property in land administration systems has been a topic of much discussion and analysis in the last decade. Various reports suggest survey costs make up somewhere between 30-60% of the total cost of registering property. A review of 97 land surveys conducted on Indigenous lands in Canada revealed the median cost to fully survey a parcel of land is approximately $4,300/parcel. A multiple regression analysis showed significant relationships of the survey cost with: 1) the number of parcels - for every additional parcel surveyed, the cost decreases by $112/parcel; 2) Area – for every increase of 1 hectare, the cost increases by $34/parcel; 3) water boundaries – if a boundary in the survey is a water boundary the cost increases by $3090/parcel; 4) Company size – larger companies are $1900/parcel less expensive and medium size firms are $1500/parcel less expensive when compared to small companies; 5) distance – as the distance travelled to the survey location increases by 1 km, the cost increases by $2.40/parcel. The results of this research can potentially inform discussions both within Canada and internationally on the use of a land survey in developing or reforming land and resource tenure systems.
Stakeholder Engagement and Conflict Prevention in Village Boundary Setting/ Resource Mapping (VBS/RM) – Lessons Learned/Evidence from Indonesia’s Participatory Mapping and Planning (PMaP) Project, MCA-Indonesia Green Prosperity Project (GP)
Abt Associates, Indonesia
The Green Prosperity (GP) Project in Indonesia is an important and ambitious program with multiple aims. A key stage of GP has been the Village Boundary Setting and Resource Mapping (VBS/RM) under the Participatory Land Use Planning (PLUP). The work undertaken reveals significant lessons for future development projects in regional Indonesia. One lesson involves promoting an embedded participatory approach to stakeholder engagement that understands local contexts and dynamics. Paying ‘lip service’ or taking a ‘one size’ approach is not a recipe for success in multi-ethnic Indonesia. This ethnographic approach embraced a participative partnership, focusing on deep connections between facilitators and village communities. It resulted in effective, flexible and sustainable outcomes in: identifying and understanding disputes, conflict prevention and establishing and maintaining support for the objectives and operations of the program. Participatory Mapping and Planning (PMaP) activities, established an engagement framework underpinned by the Free, Prior and Informed Consent (FPIC) principles. It critically sourced, trained, guided and utilized local people, in a partnership for success. This paper highlights the critical importance of promoting contextualized understandings of localized socio-cultural and political dynamics through stakeholder engagement in conflict prevention, within village boundary settings and introduces the concept of Ethnographic Participatory Partnership (EPP).
Strengthening Indigenous Peoples Land rights in Honduras: The Miskitu People’s experience of Collective Land Titling, lessons learned and main challenges for the future
1Programa de Administracion de Tierras de Honduras (PATH II); 2World Bank; 31; 41
The paper will discuss a new model of indigenous people’s community land titling implemented in Honduras: the Inter-Community Land titling. This model, which is based on the International Labour Organization’s ILO Convention No. 169, which the Honduran government approved as a legally binding instrument, that establishes the government’s obligations regarding the recognition of the rights of indigenous peoples. Specifically, the Convention 169 states the indigenous people’s rights of ownership and possession over the lands, which they have traditionally occupied, but also to the lands to which “they have traditionally had access for their subsistence and traditional activities”.
Derived of the initiative from 2012 to 2016, the results reflect the Intercommunity titling of the Miskito’s people’s and other indigenous people’s community land through the intercommunity land titling model of 14 thousand square kilometers equivalent to 12.5% of the country’s territory.
Accordingly, the paper will: (a) Describe the Miskitu people’s and the Government’s efforts for the recognition of the Miskitu peoples land rights; (b) identify the main political, institutional and technical lessons that have contributed to the obtained results and joint efforts to overcome the main challenges; (d) present the main challenges for the future.