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10-10: Expanding and Sustaining Land Registration
After 10 Years of Land Reform in Madagascar: Is the Process of Land Certification Massive and Inclusive?
1Madagascar Land Observatory, Madagascar; 2CIRAD, UMR Tetis; 3IRD, UMR Dial
The Malagasy reform on going since 2005 belongs to a new generation of land reforms in Africa. Two major innovations have emerged: decentralized land management through the creation of local land offices at commune level and land certification. The land reform objective is to overcome the pitfalls of the former land titling system and to provide tenure security to a majority of households thanks to a low cost, easy and participatory registration process. However, contrary to similar land reform in other African countries such as Ethiopia or Rwanda, land certification is “on demand” and not based on a systematic demarcation process.
Is the Malagasy certification really massive and inclusive? To explore this issue, the paper analyzes the evolution and the determinants of land certificates demand. It puts a special emphasis on the forms of offer (promotional campaigns) and its impacts on the level and distribution of demand for land certificates. Policy implications to foster inclusivity and local and offices sustainability are debated.
The paper uses first-hand data that were collected through two specially designed survey conducted on a large sample of rural households in 2011 and 2015 (1 834 with 1 551 households in panel) in nine communes of Madagascar
Is Land Tenure "Secure Enough" in Rural Rwanda?
Chemonics International, United States of America
Application of the secure enough tenure framework allows for recognition of formal and informal tenure rights to promote economic development and livelihoods. Tenure may be secure enough when rights to land and natural resources are not arbitrarily contested by the state, private entities, or others. In Rwanda, the government promotes improving agricultural production through land use consolidation and private investment. These programs are founded on the assumption that through the legal framework, Land Tenure Regularization, and ongoing participation in the land administration system, land rights are secure for women and men. However, policies designed to facilitate land use consolidation and agricultural investment have inadvertently led to informal land subdivisions, transfers, and lack of registration, as well as new challenges for women’s access to land. This has catalyzed a reintroduction of informal land tenure arrangements. The attendant risk of this trend is that tenure will eventually regress to not secure enough, and farmers will be unable to participate in government investment programs or reap the benefits of their land. Using original research in Rwanda and literature review, this paper explores the potential for reconsidering what secure enough tenure could look like in Rwanda considering both state and customary objectives.
Land Registration Reform in Georgia
National Agency of Public Registry, Georgia
Land is Georgia’s greatest resource and the registration is a vital precondition for the social and economic development of the country. Despite the land registration reform conducted in 1992-1998, the majority of agricultural land parcels outside the urban areas of Georgia aren’t yet registered and recorded accurately in the national cadaster.
The efforts of the Government of Georgia to introduce a comprehensive solution in order to increase the number of registered land parcels, register land without barriers, ensure cadastral coverage of privately held land parcels and develop the land market.
For this purposes, the law of Georgia "On Special Procedures for Systematic and Sporadic Registration of Land Titles and Improvement of Cadastral Data under the State Project" has been adopted.
The State Project ensures centralization of registration process – “one-stop-shop” principle, time and effort saving, alternative dispute resolution mechanism, free-of-charge services of NAPR and other organizations, secured ownership rights, regulated property market.
The Pilot Project is a component of the State Project, which envisages the systematic registration of land titles and is implemented in 12 settlements selected across Georgia. It aims at identifying additional gaps in regulations, development of policy and procedures to start National Rollout of systematic registration.
The Missing Link: Successes And Lessons Learned From An Integrated Approach To Land Tenure Registration In Burundi.
ZOA, Netherlands, The
The authors review a locally based land tenure registration project in Burundi, which combines tenure registration with conflict resolution. They lay out the program in detail and evaluate the successes and lessons learned. This evaluation also points towards broader issues related to land rights projects, pertaining to the national and international frameworks for such ground-based projects.
While there are established networks and policy frameworks on the international and national level, effectively informing locally based projects, an effective feedback link from the local level back to these higher levels of policymaking needs to be established.
The paper gives recommendations for improving the overall impact of land rights projects and suggests some necessary steps for establishing better and more supportive structures to increase the overall efficiency of land rights programming and policy making. Three aspects are particularly important:
1. Long-term funding by international donors involving strong financial resources for monitoring and evaluation.
2. Targeted research programs with the objective of identifying the necessary conditions of successful land tenure registration programs in various settings.
3. Institutionalized communication structures allowing actors involved in land tenure programs to communicate effectively and efficiently on their experiences – within program countries as well as across different contexts.