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 1-050|
|Date: Tuesday, 21/Mar/2017|
|8:30am - 10:00am||01-05: Land Policies in Francophone West Africa |
Session Chair: Rivo Andrianirina - Ratsialonana, Land Observatory Madagascar, Madagascar
What Prospects for a New Land Policy in DRC?
1World Bank, United States of America; 2Ministry of Land Affairs, DRC
Land in the DRC is a key constraint on investment and development initiatives. Throughout the country, there are many public or private development projects facing more or less complex tenure issues. Worse still, conflicts over control of land have played a large part in the instability of the last few years, particularly in the East of the country. Well aware of the major challenges involved in bringing about a significant improvement in land management, the government of the DRC knows that it cannot avoid making major changes in the land sector and it launched in 2013 the creation of CONAREF, an institution dedicated to reforming the land sector and programming the reform process. A Land Sector Review sponsored by the World Bank intended to establish the analytical basis for the design of new land policy orientations. Based on a snapshot of the various aspects of the Congolese land sector in urban and rural areas, the review focused on current constraints related to the existence of various social land rights management practices alongside the formal administrative system and on an inventory of innovative experiences that helped to put together recommendations concerning land policy orientations.
Large Scale Land Leases : A Rural Communities' Business
A l’instar de plusieurs pays africains, le Sénégal n’est pas en reste des tensions liées au foncier. Ce problème est plus crucial dans la Vallée du fleuve Sénégal qui regorge de fortes potentialités hydroagricoles et de développement de l’agribusiness.
Forte de cela, cette zone a été identifiée comme Pôle de Développement par le Gouvernement du Sénégal à travers le PSE. Dans cette optique, le PDIDAS est mis en œuvre comme pilote pour tester dans la zone nord du Sénégal, un modèle inclusif d’agriculture commerciale basé sur un processus de sécurisation foncière.
Le modèle retenu dans le cadre du PDIDAS a pour objectif d’inverser le radian foncier. Les communautés de base détentrices des terres sont au cœur du processus de prise de décision. La communication continue a constitué un élément essentiel dans ce processus en ce sens qu’elle a permis d’obtenir le Consentement Libre et Informé des Populations (CLIP).
La démarche a abouti à une offre volontaire globale nette de 19 364 ha, contre un objectif initial de 10 000 ha. Ce résultat très significatif fait du PDIDAS l’une des toutes premières expériences en Afrique de cession volontaire de terres à grande échelle par des communautés à des investisseurs privés.
The Apology Of The Right To Exploit Rural Land By The “Land And Federal Code” In Benin
By adopting a new law on land management, Benin has decided to establish new rules favorable to the exploitation of agricultural land by facilitating access to the vulnerable people including women, youth and migrants. In the light of certain provisions of the law, one realizes that the parliament has also made efforts to secure even small farmers without title. Reading this law, it is easy to realize that the important thing is not to own rural land but rather to cultivate, to develop to ensure food security for all. This consideration of the possibility of formalizing the rights of use to each local authority raises the Beninese land code as a real tool to fight against poverty. By devoting a "right to work", it aims provide tenure security and equitable access to land, in order to eliminate hunger and poverty, support sustainable development and improving environmental management . Its implementation in Benin's rural areas with the support of German Cooperation shows positive signs that deserve to be shared.
Using LGAF to Develop Land Policy in Mali
Bamako University of Legal and Political Sciences, Mali
To be completed
|10:30am - 12:00pm||02-05: Do We Need New Institutions to Implement African Land Policies?|
Session Chair: Andre Teyssier, World Bank, United States of America
Institutional reform to implement the new land policy in Rwanda
Rwanda Natural Resources Authority, Rwanda
Establishment of the Agence Nationale du Domaine et du Foncier in Benin
Agence Nationale du Domaine et du Foncier (ANDF), Benin
To be completed
Policy and Institutional Reform in Mali
secretariat permanent de la reforme domaniale et fonciere au Mali, Mali
To be completed
Policy and Institutional Reform in Mauritania
University of Arizona, United States of America
To be completed
Institutional developments in Madagascar Land Sector
Land Observatory Madagascar, Madagascar
|2:15pm - 3:45pm||03-05: Building Institutions for Land Administration Services|
Session Chair: Stig Enemark, Aalborg University, Denmark
Institutional Reform as a Key Driver in the Delivery of Modern Land Administration
GIS Transport, Nigeria
The Kaduna Geographic Information System (KADGIS) is the largest GIS project in Nigeria. An ambitious government target of titling all land in the state has required the speedy establishment of a service agency capable of maintaining significant production levels together with a revenue management system to prevent leakages.
To make this possible complete institutional reform was required, with the old ministry closed, and a law established the agency, and a Director General reporting directly to the Kaduna State Governor. The presentation of comprehensive rules and regulations at stakeholder outreach meetings provided assurance and guidance for the general public and professionals.
KADGIS operates from refurbished offices, with operational and ‘business’ units centrally located, and initially focused on mass data capture activities, enabling the commencement of two systematic land titling programmes and customer service operations.
A modern and efficient land administration system and cadastral system operated by 350 fully trained staff are producing secure land titles and increasing Internally Generated Revenue (by second quarter 2017 over 1,000 land titles per week, N1 billion in revenue per month), as well as delivering products including maps, reports and analysis, supporting informed decision and good governance in all Kaduna State Ministries, Departments and Agencies (MDAs).
The National Spatial Data Infrastructure of Zambia
Sivan Design D.S. Ltd, Israel
One of Zambia's important challenges is to recognize the title of property owners on their land. The Ministry of Land, Natural Resources and Environment Protection (MLNREP) is in charge of managing the country's land resources. To begin a LAND AUDIT and to be efficient in charging the revenues, the Ministry has installed ZILMIS – the Zambia Integrated Land Management Information System. The MLNREP has contracted Sivan Design D.S Ltd to design and implement the system. One of the deficiencies in obtaining an ideal system is the absence of a good quality and up to date national map. To that end, Sivan Design is leading a joint venture together with another Israeli company – Ofek Aerial Photography and with Ground Force Land & Engineering Services, a surveying Zambian company that is in charge of quality control of the field surveys executed by the surveyors of the Ministry, under the Surveyor General. The goal of this JV is to create a National Spatial Data Infrastructure that will serve the Ministry, to maximize the usage of accurate geographical data for the benefit of the public serving both the Ministry and other E-GOVERNMENT initiatives.
Establishing A Delivery Unit For Land Administration- How To Deliver Land Administration Services In Developing Countries, Sustainably And To Scale.
Private Individual, United States of America
At a time when the SDG’s are in their infancy, it is essential that the global community discovers how to deliver public service reform. Land rights are the corner stone for some of the SDG’s. Land administration is a vital element in providing secure assets to the poor, and in turn, improving their opportunity for better well being.
Global guidelines such as the Voluntary Guidelines for Land Tenure and Fit For Purpose Land Administration supports nations on how to technically improve their land administration systems. However, guidance on how to manage the implementation of an improved land administration system is lacking in comparison.
This paper argues that a framework for delivery is required which relies upon:
1- Adaptive learning to influence the management approach,
2- Ensure that success is defined and agreed upon across stakeholders,
3- To provide operational tools in financial, human resource and risk management.
Further guidelines are now required on the delivery question for land administration reform in developing countries, and it is hoped that this paper is the first step in ensuring that this happens.
Conceptual Modelling Of Information System Process To Design Tech Solutions To Fight Land Corruption Through Transparency International's Land and Corruption In Africa Programme
Transparency International-Secretariat, Germany
Transparency International (TI) has a project focused on fighting corruption in the land sector in sub Saharan Africa. The challenges that TI faced in using technology as a tool to fight corruption on this project, provided an incentive to develop a new approach to implementing technology.
Even if the issues addressed by the project are clearly identified, identifying how technology can be used to address these issues remains a challenge. In Sub Saharan Africa, land issues varying from one country to another. In addition, TI chapters taking part in the project are free to decide which specific issues they would like to target and which different approaches they will use to address these issues. In order to avoid the development of solutions which would not be compatible with the reality on the ground, the usage of technology requires a more in depth analysis.
TI has commissioned research based on the experiences and challenges in four pilot chapters, to develop a conceptual model of information on how the chapters will work in the land sector. The conceptual model served as a baseline to identify and conceive successful and innovative tech solutions to fight against corruption in the land sector in Africa.
|4:00pm - 5:30pm||04-05: Mobile Technologies to Scale Up Land Data Collection|
Session Chair: Collins Odote, University of Naiorbi, Kenya
Embracing the Rubber-Boot Approach to Securing Customary Land Rights with focus on Low-Cost Land-Use Inventory
1Chair of Land Management, Technical University Munich; 2Public and Vested Land Management Division, Lands Commission. Accra-Ghana
The study is based on fieldwork conducted in Ghana. It provides a case of where and how the Rubber-Boot Approach (RBA) has been used in a rural area of Ghana to measure an area of more than 50 hectares. Within the case study area, the participation of local people in the mapping of land rights including pro-poor used to be a challenge, especially due to their complex, pluralistic customary land tenure systems. Also, capacity development in mapping used to be a major impediment to their involvement in inventory exercises with professional surveyors. Having tested the RBA in the area, our study identified potentials for securing customary land rights at a quick pace, low cost and enhanced tenure security. By way of result, the RBA offered to land owners and users in the area, accurately mapped land parcels with additional documentation at an affordable price while enhancing tenure security on customary land. Furthermore, it shows how the approach can be applied to large-scale land inventory that documents all rights and responsibilities within a mapped area. Additionally, it exposes the possible difficulties and obstacles related to the simple mapping processes.
From Squatter Farmers To Tenant Farmers: Application Of Low Cost Geo-Spatial Technologies in Kalangala
1Ministry of Agriculture, Animal Industry and Fisheries, Uganda; 2UN-Habitat/GLTN; 3IFAD
Kalangala district in Uganda was largely comprised of subsistence farmers and fisher folk. The UNDP Human Development Index for Uganda, showed that in 2000, Kalangala district was ranked the 71st poorest district in Uganda, out of 76 districts, The district was known for high levels of poverty, depletion of forests and dependence on capture fisheries.
The Government of Uganda through a Public Private Private partnership has supported 1,801 smallholder farmers (34% female) to grow oil palm in Kalangala. So far, 1,200 farmers on 2,500 hectares are harvesting. Farmers have now planted 4,424 hectares of oil palm.
Majority of the farmers lacked security of tenure when they planted their oil palm. Most of the land owners do not live on the island and had no interest in the island at the time it had a few economic activities. As the land values increased, conflicts with the land owners and neighbors started. The use of the Q-GIS based Social Tenure Domain model has allowed farmers to document their interests on their land and engage the land owners with evidence in partnership with IFAD and the Global Land Tool Network. This has helped them register as tenants to the landlords.
Scalability of Forest Land Mapping Interventions Undertaken Using GIS Technology in Context of Up-Scaling Implementation of Forest Rights Act in India – Emerging Evidence from the Ground
World Resources Institute India
The enactment of Forest Rights Act (FRA) in India gave the Scheduled Tribes and Other Traditional Forest Dwellers a right to security of tenure and is important for securing livelihoods of the forest dwelling communities and for strengthening local self-governance of forest resources. A problem, however, that the forest dwelling population faces is that though FRA is a potentially empowering legislation for forest dwelling population to seek forest and tenurial rights, and from gender and social justice perspective - it enunciates that the forest dwelling population demand claims over forest land and forest resources from the state. The process of rights recognition has been slow, and multiple impediments to implementation of FRA across India have been identified. Two methodological approaches (using Android App and GPS) have been developed to map IFR and CFR area with an aim of supporting smoother implementation of FRA. These technological innovations have been explored by NGOs with an aim to make the claim process more participatory, and to involve legitimate right holders in mapping of forest land to claim CFR or IFR right. This paper discusses findings from an assessment of scalability of the two technological interventions in context of implementation of FRA in India.
|Date: Wednesday, 22/Mar/2017|
|8:30am - 10:00am||05-05: Can Legal Provisions Help Increase Gender Equality?|
Session Chair: Benedicte Leroy De La Briere, World Bank, United States of America
The Role of Legal Professions in Addressing Gender Equality in Land Ownership, Cases from the Office a Public Notary in Albania
1Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, Albania; 2Public Notary
This article presents the role of legal professions addressing SDG Goal 5, target 5.a: “undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance, and natural resources, in accordance with national laws”.
Women and girls’ access to economic recourses such as land depends on the legal framework and the way it is implemented. This paper will show that ownership of women and girls of land depends among others and especially upon drafting of the contract by legal professionals (in this case notaries), in order to ensure that their rights as co-owners, owners or heirs (even in cases when they are presumed) does not perish and disappear. For that reason, this paper will illustrate some authentic real life cases from a notary in Albania, to demonstrate how women are excluded from the right to ownership or co-ownership of real estate.
Even when laws and regulations are in place, the case of Albania demonstrates that custom and tradition rule the life of individuals and the work of public officials. In this paper cases from the diary of a notary will be presented, where women lost their property.
Gender Equality and Women's Rights: The Essential Role of the Notaire in Implementing and Diffusing the De Jure Law
1International Union of Notaries; 2Sherbrooke University
Once de jure laws are adopted, the challenge for states lies in ensuring that the people, particularly those targeted by the rules of non-discrimination, can benefit from them. How can the state reach these people, inform them, provide legal services to them and ensure uniform and impartial application of the de jure law on the entire territory and to the entire population? In reaching these goals the civil law notaires can make a huge difference.
As a legal professional, the notaires must apply the de jure law and thereby meet its requirements; they are also subject to the highest standards of impartiality, ethics and professional conduct. The notaire represents all parties to a real estate or other legal transaction.
Among their legal obligations, the notaires must check the status and ability of all parties to the transaction and obtain their free and informed consent. They will not hesitate to meet in private with a party in order to ensure that the expressed consent is not given under duress or due to that person’s ignorance of his or her rights.
Land and Gender in the Western Balkans: Understanding Customs and People’s Lives to Achieve the SDGs
1FAO, Italy; 2Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), Germany
The article presents a joint Food and Agriculture Organization of the United Nations (FAO) and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) (on behalf of the German Federal Ministry of Economic Cooperation and Development (BMZ)) GmbH initiative to integrate the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security principles on gender equality and help countries develop capacity to collect data, monitor and report progress on the SDG Goal 5: Achieve gender equality and empower all women and girls. FAO is the custodian institution of the land related indicators under goal 5, including indicator 5.a.2 on gender-equitable legal frameworks.
The article presents the results from testing the methodology for monitoring and reporting on the SDG indicator 5.a.2 in the Western Balkans countries using FAO’s Legal Assessment Tool for gender-equitable land tenure and the cross regional support to countries from other regions to learn from the experience of the Western Balkans countries.
Women’s Rights To Land And Property In Kenya
While the law reforms in Kenya provides for formal equality, there is need for substantive equality for women as a sustainable way of improving women’s enjoyment of their rights. While women’s rights to land and property are protected under the Constitution of Kenya (2010) and various national legislations, in practice, women remain disadvantaged. The main restriction is customary law and practices, which prohibit women from owning or inheriting land and other forms of property. These customary laws and practices are enhanced by stereotypical practices and socialization of women in believing they are not meant to own or inherit land or any other property. Customary practices in Kenya generally grant women secondary rights to land, namely through their relationships to a male relative, and women are rarely able to inherit land in their own right. In addition, women face serious obstacles in claiming their property rights either because they are unaware of their rights or they are unable to lay claim to this right.
In addition there are legal gaps that exist, for example, the Government of Kenya should clearly demonstrate good will to: support women rights and repeal any sections of enabling laws that do not comply with the Constitution
|10:30am - 12:00pm||06-05: Ensuring Land Policy's Contribution to Gender Equality|
Session Chair: Vinodh Jaichand, Independent, South Africa
The Policy Response to Women’s Entitlement to Land: Implementation Gradualism in the Limits of Social Norms
Landesa, India, India
An analysis of land reforms policies in India shows that the state agencies speak simultaneously to two groups: the political elite nurtured with gendered forms of power who exercise power through access to political and economic institutions, and the political constituency of organized rural women and men who wield influence through the voting right. The contradictory power base of these two groups tends to result in implementation gradualism wrapped in the limits of social norms. The objective of this study is to locate the process of gender-responsive land reform policies in India. Secondary sources provide a background and explanation of observations in the fieldwork conducted in states Karnataka, Telangana, and Uttar Pradesh.
The research findings suggest that, as a consequence of the continued demand for women’s entitlement to land, there have been some partial and fitful changes in policies and enactment of laws in India. Those women who had acquired entitlement to land had gained greater social status, increased bargaining power over household assets, experienced a reduction in gender-based violence. A broad conclusion is that the power of gendered norms diminishes in response to women’s claims for an independent access to ownership rights to land and productive assets.
Gender Equality - Goal or Tool?
1Lantmäteriet, Sweden (The Swedish Mapping, Cadastral and Land Registration Authority); 2Kartverket, Norway (The Norwegian Mapping Authority)
Efficient management of land, forests and natural resources is recognized as being a vital ingredient in combatting poverty, climate change and improve sustainable economic and environmental development in a country. In addition, it is an extremely powerful tool that can be used to secure rights, ownership and access for indigenous people, poor and other vulnerable people. This powerful tool can if misused be a severe hinder for sustainable development, democracy and gender equality.
In some land administration projects, gender equality is being used as a goal in itself, something that can be easily measured; resulting in inadequate activates and measures. In many cases switching perspective and using gender equality as a tool to achieve results, e.g. increased capacity within a government land administration organization enabling more transparent, efficient and reliable service to the citizens is a more appropriate way. In the global challenge, striving towards the 17 Sustainable Development Goals, gender equity has the potential of being the most powerful tool of them all.
Political Economy of Land Governance and Women’s Empowerment – The Case of Meghalaya
The World Bank, India
This paper delves into the complex dynamics between traditional and formal institutions affecting land rights in the tribal state of Meghalaya and its repercussions on gender equity. The state is unique in its long established matrilineal background where traditional customs defines property rights. In terms of inheritance tradition, it is the daughter of the family who is responsible for “management” of family land for productive purpose. She, however, has no decision making rights over the same. With the state government bringing in modern instruments of land governance, significant social changes are being felt in the changing nature of land relations. The modern instruments are enabling increased commodification of community land with increased incidences of sale of community land to private individuals. Moreover, since women are traditionally excluded from any representation in local governance – this absence of decision making power is increasingly being reinforced at the wake of the changing land dynamics. This is leading to more women not just not owning land any more, but also becoming bereft of any power to have control over the same. This paper looks into the evolution of the nature of land ownership and governance and its implication on women’s status, in the state.
Claiming And Realizing Right To Land: Can Development Organizations Address The Gender Disparities In Bangladesh?
1University of Dhaka, Bangladesh; 2Ohio University, USA
Right to own property is an important component of the social contract upon which a modern state is established. The laws of inheritance vary from religion to religion in Bangladesh context. Principles of distributing the property of inheritance are deeply connected with patriarchal belief, cultural pattern, history and traditions. Consequently, women in Bangladesh, in most instances are the victims of unequal distribution of land as property. BRAC, as the largest NGO of the world has been addressing multiple human-rights based issues through development programs for more than four decades. BRAC’s Human Right and Legal Aid Service (HRLS) program under the ‘Property Rights Initiative (PRI)’ aims to address the right to land problem by ensuring access to property rights for poor and vulnerable people, particularly women. This paper aims to respond: How effective is development organization's targeted intervention for women in claiming and realizing their 'right to land? This paper presents the findings of an impact assessment carried out on the project. The paper concludes although the project is addressing the practical needs of women by raising awareness, the strategic gender need has yet to be achieved.
|2:15pm - 3:45pm||07-05: Avenues to Enhance Women's Land Ownership|
Session Chair: Julian Quan, University of Greenwich, United Kingdom
Securing the Land Rights of Poor and Women through Provision of Legal Services to Address Their Land Problems
Landesa/ Rural Development Institute, India
A major cause of economic vulnerability of rural families in India is insecure rights to land, arising partly from the lack of access to legal support by the poor.
To find out major land problems and legal needs of the poor, Landesa conducted a mixed-method study in rural areas of Warangal district of Telangana State during December 2013-February 2014. It was found that 13 types of land problems are most commonly faced by the poor. A sample of 100 cases was selected to represent these 13 types of land problems.
The study shows that the most prevalent types of bottlenecks faced by the respondents were “no legal awareness” (80%), “illiteracy” (59%), “lack of support from revenue department” (54%), “negligence of revenue staff” (40%) and “Corruption” (38%). It was found that almost twice the percentage of male respondents pursued land-related problems themselves compared to female respondents. Village revenue officers (VRO) emerged as the key authority to provide legal assistance and to resolve land problems.
It was found that to improve the reach of legal assistance to the poor: 1) legal services and land programs should be modified according to their needs; 2) the reach of the Revenue Courts should be improved.
Securing land rights for widows living with and affected by HIV using customary justice structures
1International Center for Research on Women, United States of America; 2Kenya Ethical and Legal Issues Network on HIV and AIDS
This document provides a summary of the work that KELIN and ICRW have achieve at building evidence towards supporting interventions that secure land rights for widows living with and affected by HIV using customary justice structures. Utilizing a human rights framework, this presentation discusses the results of a legal intervention that supports HIV affected widows that have been expelled of their land after the death of their partner.
In Homabay and Kisumu counties of Kenya, many widows and orphans become vulnerable to HIV when their husbands and fathers die, due to disinheritance by their families and communities, which leaves them destitute. These counties are among the 47 with the highest HIV prevalence rate, with Homabay at 25.7% and Kisumu at 19.3%, as against the national prevalence of 6.04%. Many are evicted from their rural homes and flee to urban areas where they find themselves vulnerable to physical and sexual abuse, increasing their vulnerability to HIV. Often they resort to high-risk behavior, such as polygamy or involuntary sex work in order to earn enough money to survive. For women and children living with HIV it becomes very difficult to access consistent treatment.
Namibia: Good Practices and Lessons Learned for Gender and Communal Land
Landesa, United States of America
This paper attempts to better understand the intersection of gender, communal land and land reform in Namibia. While this paper is not a comparative study per se, it focuses on two regions that adopted different approaches to communal land governance. The Oshana region leads the implementation of the nation-wide Communal Land Reform Act, 2002 that introduced the registration of customary land rights in communal areas, while the Kavango region declined to participate in the registration process and instead continues to independently administer customary land rights in accordance with its established customary system. The case study uses a gender lens to systematically assess the different approaches taken by these communities to illustrate good or emerging practices and draw lessons learned from measures that have sought both to protect community rights to land and also protect the rights of women and men in those communities. The paper evaluates these measures in light of the primary objective, selected strategies and outcomes. Ultimately, the case study attempts to illustrate what measures can be implemented in different political, legal, and cultural contexts to enable communities facing similar situations to benefit from the experiences of others. Both promising practices and challenges faced, offer insights.
Women’s Knowledge and Perception towards their Land and Property Rights Across Bombali, Portloko And Tonkolili Districts In Northern Region, Sierra Leone.
Sierra Leone Network on the Right to Food (SiLNoRF), Sierra Leone
The ongoing debate on women's land rights violation in poor countries continues to gain more recognition. This case study explores communities in three districts in Northern Sierra Leone to further investigate land rights violations and assess women's knowledge and perception on their land rights after remarkable laws were passed to protect their land tenure in the country. This study found out that rural women continue to be subjected to land and property rights violations despite the existence of the 2007 Gender laws that prevent discrimination against women, their knowledge on the gender laws are too weak. As well, women who do most of the farm work and on which many family livelihood depend on, still have little access, ownership and control over land. Customs and traditions are still widely used to discriminate women; traditional rulers are not trusted to promote women’s land and property rights. Civil society activism has helped to raise the awareness level of many women in rural communities about their land and property rights but still a lot has to be done to balance the equation. Full participation of women is essential at all levels to empower them to advocate for their rights.
|4:00pm - 5:30pm||08-05: How to Ensure Gender Equality in Access to Communal Lands?|
Session Chair: Margaret Buck Holland, University of Maryland, Baltimore County, United States of America
A Comparative Analysis of National Laws Recognizing Women’s Rights To Community Forests in the Developing World
Rights and Resources Initiative, United States of America
Up to 2.5 billion people hold and use community lands worldwide, yet the tenure rights of women who comprise over half the world’s Indigenous Peoples and local communities are seldom acknowledged by national laws. This analysis of 30 developing countries concludes that the vast majority of national laws regulating 78% of the developing world’s forests fail to adequately protect women’s rights to property, inheritance, community membership, community-level governance (voting and leadership), and community-level dispute resolution. While overarching national laws regulating the tenure rights of all women often fail to satisfy international legal standards, statutes regulating women’s rights to community forests are especially gender-insensitive. Countries’ commitments to protect women’s tenure rights under constitutions and international law are not reflected in the laws regulating women’s everyday interactions with community forests. These legislative omissions enable discriminatory practices against women, constrain their economic and personal agency, and render their communities vulnerable to livelihood insecurity. Findings reveal that laws recognizing communities as forest owners—as well as laws created with the principle aim of acknowledging community-based rights—afford greater protections for women’s forest rights than laws that fail to convey community ownership rights.
Changing Form and Content of Women’s Land Rights under Customary Tenure: Is Registration or Titling an Opportunity?
1Associates Research Uganda; 2Consultant Surveyors and Planners, Uganda
Women’s rights to land under customary tenure are limited to access and use, while the male counterpart has the primary right of ownership. Often, these are described as “secondary rights”, because they are ancillary to the primary right to own land. In event of formalization of land rights, identification and recognition of secondary land rights may be seen as a threat to the primacy of the men’s land rights which are presumed to be primary, permanent and formal. It has been argued that women’s vulnerability does not result from the allegedly secondary character of these rights but from the various socio-economic processes that have significantly altered the terrain in which rights are currently negotiated. To substantiate and demonstrate, this study explores the influence of two shock events – the establishment of refugee settlement camps in West Nile and the effects of war and displacement in Acholi land in Uganda – on the content and form of land rights for women, when systematic land adjudication and certification (SLAAC) takes place, with the issuance of certificates of customary ownership (CCOs), by determining and defining the points of vulnerability in the approaches used to identify and record secondary rights under customary tenure.
Gender and Collectively Held Land: Good Practices and Lessons Learned from Six Global Case Studies
1Resource Equity, United States of America; 2Landesa, United States of America
Early lessons suggest that formalizing collective rights to land can lead to different outcomes for men and women, often with women the losers. Because men and women typically have different roles within the household and community, their interests in collective lands are often different, and women’s interests may not be considered or protected in the implementation of state programs to strengthen collective tenure.
This report seeks to answer the question: Where collective tenure arrangements are either being formalized or supported for the sake of securing the community’s rights to land, what steps are required to strengthen women’s land rights in the process?
This report synthesizes findings from six case studies – from China, Ghana, India, the Kyrgyz Republic, Namibia, and Peru – that assess interventions to strengthen collective tenure and ensure that both women and men benefit from the improved land tenure security. The purpose of the case studies was to understand how formalizing or securing rights to collectively held lands can affect women and men differently and how projects and interventions can best address gender differences. In every case the focus is on practice, not theory, with the goal of informing the implementation of other similar interventions.
Collective Land Tenure in Colombia: Current State and Prospective Challenges
Pontificia Universidad Javeriana, Colombia
The purpose of this presentation is to introduce the results of an academic project funded by the Center for International Forestry Research (CIFOR) on the current state of collective land tenure in Colombia and its prospective challenges. It focuses on the illustration of the relevant actors, norms and dynamics that shape the acces to and use of land and natural resources of the country´s ethnic communities. Special attention is given to forest-dependent communities.
|Date: Thursday, 23/Mar/2017|
|8:30am - 10:00am||09-05: Dealing with the Far-Reaching Impacts of Land Access|
Session Chair: Alda Salomao, CENTRO TERRA VIVA, Mozambique
Land, Inequality and Power in Latin America
1Oxfam America, United States of America; 2Independent Consultant
Latin America is the most unequal region of the world in land distribution. The largest one percent of farms concentrate over half of agricultural land. Huge plantations, extensive livestock farming, mining and oil extraction have expanded rapidly at the expense of land to produce food for domestic consumption, sustain rural livelihoods and ensure the planet’s future. High dependency on the ‘extractivist’ model of production, based on large-scale exploitation of natural resources, drives inequality and leads to greater concentration of land, wealth, and economic and political power. This path to land concentration is facilitated by tax breaks and other public policies, failure to protect collective rights and dismantling support services for family farming. It has also generated more violence against those who defend the land, water, forests, and the rights of women, indigenous peoples and small farmer communities. Combating inequality in Latin America requires addressing the extreme concentration in access to and control over land, as well as in the distribution of benefits from its use. The practices that foster inequality must end and a new redistribution of land is needed, which requires eliminating the privileges of elites and strengthening the rights of all people and communities.
Land Markets in FARC Territory: Access to Land in Post-conflict Colombia
1George Mason University, United States of America; 2World Bank
Post-conflict contexts open up the possibility for wide institutional strengthening. In these situations, governments can again exercise full control over traditionally disputed regions, and are now able to stretch the rule of law into their entire territory, implementing policies in areas where this did not happened during the confrontations. In the particular case of land, it is the opportunity to lay down the foundations for well functioning institutions that can achieve desired levels of efficiency and equity.
Due to the absence of land administration agencies in war-affected regions during long periods of time, there is a serious lack of information about the details of the dynamics of land transactions in such disputed areas; this impedes the accurate design of public policy.
In order to address this issue, this research provides an in-depth characterization of the dynamics of land markets in the 212 municipalities where FARC has exercised ample historical influence.
A qualitative section provides an overview of the tenure structure in areas under analysis, it describes the level of public goods provision and dwells on the functioning of land markets analyzing size, composition and dynamism.
A final quantitative analysis examines the determinants of market thinness in the municipalities under study.
The Determinants of Land-Grabbing in the Colombian Civil War: A Preliminary Analysis
George Mason University, United States of America
Conflicts over land issues have been a constant all throughout the republican history of Colombia. During the nineteenth century, the story of land-related conflicts could be told in chapters describing the failure of three agrarian reforms, all defeated through various means, politically and physically, by the weight of large landowners.
However, the last thirty years have witnessed what can be cataloged as the most recent chapter in the history of conflict over land in the country- land-grabbing.
The dramatic escalation of the internal conflict caused a humanitarian crisis of dramatic proportions, which had as its most salient result, millions of people fleeing their homes in order to protect their lives. This massive forced displacement resulted in important extensions of land being abandoned, a situation that was taken advantage of by unscrupulous parties to seize those lands. In short, property rights were massively affected –land was stolen- while internally displaced population was running to save their lives. In the Colombian context, this has been labeled as land-grabbing.
This paper explores the factors that explain the degree of intensity of land-grabbing in the country at a municipal level with a special interest in cattle ranching as the major economic activity of rural elites in the country.
Land Inequality in Brazil
To be completed
|10:30am - 12:00pm||10-05: Policies for Low Density Cities|
Session Chair: Anna Wellenstein, World Bank, United States of America
Urban Land Management for Sustainable Development in Riyadh, KSA
World Bank, United States of America
In Saudi Arabia, 83 percent of the population already lives in urban areas. The growth rate of Riyadh is projected to be high and steady for the next 15 years. The government and public are concerned with Riyadh’s sprawl and its implications on future urban infrastructure investment needs, housing affordability and location, and other aspects of sustainability. The study reflects on these concerns. It demonstrates that Riyadh is, indeed, a sprawling city: within a comparator group of thirteen other international cities, Riyadh has the lowest density and the third worst measure of fragmentation. A complex mix of intertwined factors led to this sprawl, and a key driver is the systematic treatment of urban land as a free public good, without sufficient incentives for development or costs of holding land vacant. This spatial growth pattern is not sustainable financially, economically, or socially. Addressing the will sprawl require a comprehensive package of well-coordinated and targeted regulatory and financial policies, tools, and positive incentives. New spatial strategies need to explicitly promote efficient and sustainable development and be legally binding. The paper suggests specific measures on land regulations, management of government land, and better planning and investment in infrastructure, including location of investments.
Transforming Riyadh from Challenges to Urban Policies Actions: A Planning Perspective
Arriyadh Development Authority, Saudi Arabia
Transforming Riyadh from challenges to urban policies actions
Ibrahim Aleid and Abdurlahman Alsultan
Arriyadh Development Authority, Riyadh, Saudi Arabia
Main components of the presentation will include:
- Key urban indicators about Riyadh, in terms of urban growth, population growth, white lands & population densities.
- Key urban issues & challenges.
- Key initiatives and actions taken by the city of Riyadh in terms of city level land management, which includes:
o Setting a vision and a planning framework for urban development
o Adopting landuse policies and development guidelines
o Encouraging transit-oriented development
o Setting development incentives, densification & incentivizing developers
o City center urban redevelopment policies
o Fees on white lands
o Urban design guidelines
o Efficiency in provision & implementation of public facilities
And these are still in draft form, hoping they will complement the sessions’ topics.
A Land Administration Perspective
Ministry of Municipal and Rural Affairs, Saudi Arabia
To be completed
A Municipality Perspective
City of Makkah, Saudi Arabia
To be completed
|1:00pm - 2:30pm||11-05: Reconciliation over Land Rights in Post-Conflict Settings|
Session Chair: Susan Mbaya, Sue Mbaya and Associates, South Africa
The Politics of Institutional Proliferation and the Management of Repatriation-induced Land Disputes in Post-war Burundi
African Studies Centre Leiden, The Netherlands
Though policy makers foresee the restitution of property and land as a primary mechanism for state formation after violent conflicts, and as a sustainable solution to peace building, its implementation unveils critical challenges. In the case of 2000 Arusha Peace Accord to put en end to conflicts in Burundi, the negotiators recommended land restitution and compensation as a key strategy to strengthen an already fragile peace and justice to many former long-term refugees. This paper examines how the management of repatriation-induced land disputes works out in practice and the politics related to it in southern Burundi. Deriving from extensive ethnographic research in the province of Makamba, this paper demonstrates that institutional multiplicity provides choices and opportunities to both returnees and occupants seeking to get their claims validated and settled. Yet, rather than providing a solution to the multiple land disputes between returnees and occupants, institutional multiplicity contributes to intractable land disputes and confusion between local and higher-level government actors about their roles and who has the power to adjudicate local land disputes and to enforce property rights. Ultimately, the resolution of repatriation-induced land disputes resumes to broader political contention about legitimacy, power and control.
Conflict Dynamics of Dual Land Administration in Karen State/Kawthoolei of Myanmar
International Institute of Social Studies of Erasmus University, The Hague, Netherlands
In October 2015, the Government of Myanmar (GoM) signed a partial national ceasefire to end six decades of civil war. Simultaneously, the GoM initiated a package of land-governance reforms, including the issuance of land-use certificates under the 2012 Farmland Law. Many interpret these efforts as part of the state’s attempt to consolidate sovereignty over territory.
This is far from a straightforward process. Joliffe's (2014, 2015) analysis shows that armed groups around the country have established varying degrees of administrative control in their respective areas since the outbreak of war. Ceasefire agreements indicate that administrative systems put in place by ethnic armed organizations will be respected by state authorities. In reality, as the state seeks to extend its rule, the non-state institutions are being eroded as government administration expands. Because property relations require that the laws and norms that regulate them must be sanctioned by “the state or some other form of politico-legal authority” (Sikor and Lund 2009), the uncertainty of shifting authority increases the vulnerability of local communities. This research paper looks at how these dynamics unfold in Karen State (Kawthoolei), where the armed group the KNU has administrated its land since adoption of its land policy in 1974.
Land and Conflict in Myanmar
Palladium , Myanmar
Myanmar (Burma) is living a big dichotomy: while it has opened to the international community and embraced a process of political transformation and peace building, it remains troubled by ethnic conflicts for more than half century. Where ceasefires had taken hold conditions on the ground have improved for civilians. Where the ceasefires did not take place the conflicts are increasing causing more displacement and insecurity. The peace process represents the best opportunity to put an end to half century of conflicts. However, the political, social and economic issues at the heart of the conflict will not be easily resolved. Access to, and control over land and natural resources remain among main causes of conflicts in Myanmar.
This paper aims at analysing the role of the land in the ethnic conflicts in Myanmar, with particular reference to the Kachin and Northern Shan conflicts. It also provides examples of lessons learned from past experiences of conflict mitigation/conflict resolution strategies, which have been successfully implemented in similar situations during the past years.
|2:45pm - 4:15pm||12-05: Post-Conflict Policies for Land Governance|
Session Chair: Victoria Stanley, World Bank, United States of America
Inclusive Urbanization through Evidence Based Advocacy & Innovative Approaches to Tenure Security for the Displaced in Afghanistan’s Cities
UN Habitat Afghanistan, Afghanistan, Islamic Republic of
Reintegration of displaced people is one of Afghanistan’s most pervasive issues. Recent returns from neighboring countries since the beginning of 2016 expected to exceed 1 million by mid 2017, whilst conditions internally continue to generate record level internal displacement, with current estimates placing the total caseload at approximately 1.3 million. Concurrently, Afghanistan is facing the prospect of reintegrating potentially in excess of 100,000 unsuccessful asylum seekers, as the first forced deportations from Europe commence. The displaced are predominantly drawn to the relative safety and economic opportunities of urban areas. The traditional response to an influx of the displaced has been one of exclusion to encourage return to place of origin, undermining the self-reliance and potential contributions of these groups to Afghanistan’s cities. The following article details how through an approach of evidence based advocacy, acknowledging the concerns of local decision makers and hosting areas, development actors were able to positively influence the discourse and secure a durable solution for a high profile settlement of more than 19,000 protracted internally displaced people and returnees.
Overcoming Obstacles To Land Registration Reform In Bosnia-Herzegovina Through Problem-Driven Iterative Adaptation
Queen Mary University of London, Belgium
The paper traces why and how land registration reform in postwar Bosnia-Herzegovina happened.
It seeks to explain a twenty-year transformation from a dysfunctional land registration system–a legacy of war and socialism–to one where Bosnia-Herzegovina climbed to 97th on the ease of registering property ranking in 2016. The paper uses two competing theories of institutional reform to find out which best explains this phenomenon: one where preconceived solutions are championed by reform leaders, the other where recognized problems drive coalitions to find locally appropriate solutions through trial and error–i.e. problem-driven iterative adaptation (PDIA) (Andrews2015).
It argues this was a PDIA case. The reform began once donors recognised the destabilising effects of land record opacity, and in 2002 legally imposed a new land registry law. There was not one leader or a preconceived implementation plan. Instead, iteratively and incrementally coalitions of domestic actors and donors adapted. Initially intransigent governing elites now supported implementation, seeing economic benefits in systematic clarification of land records as it opened new real estate investment opportunities. Donors accepted a non-comprehensive, piecemeal approach by phasing modernization, leaving in place significant opacity in land ownership and taxation. This case thus demonstrates the possibilities and limits of PDIA-driven land registration reform.
Protecting Future Rights for Future Citizens: Children’s Property Rights in Complex Emergencies
University of Richmond, United States of America
This paper seeks to make two major contributions to existing literature. The first is to draw attention to the problems of protecting children’s property rights during and after complex emergencies. This issue has garnered little notice in the past largely due to our view of children and childhood. In contexts where guardianship is threatened and the likelihood of becoming orphaned increases - war, famine, epidemics and natural disasters - the protection of future rights is a problem that pales in significance to the immediate needs of survival: security, food, water, shelter and medical care. Yet, if efforts are not made to protect records and memories in early days, there is a greater chance of them being lost permanently. The second goal of this paper is to suggest strategies for children’s property protection. Property rights are a legal and an economic concern of states. However, their protection in times of violent conflict and displacement becomes part of the shared responsibility of humanitarian organizations. The paper encourages the legal thinking of humanitarians and the humanitarian thinking of states.
|Date: Friday, 24/Mar/2017|
|9:00am - 10:30am||13-13: Experience from Russian Land Administration Reform|
Translation Russian, Masterclass by Rosreestr- Russian registry
Experience sharing Federal Service for State Registration, Cadastre and Cartography (Rosreestr)
Rosreestr, Russian Federation
This masterclass is devoted to the main aspects of reforming the system of registration of real property rights and land administration in the Russian Federation (creation of a single government body, improvement of legislation, reduction of terms of registration of real property rights and cadastral registration, creation of a unified database, introduction of a single procedure of registration, creation a public resource on land, capital construction facilities and the borders of objects of land management).
The theme of creation of a unified information resource that includes information about capital construction facilities, land plots and rights to them is presented.
The masterclass addresses to issues of improving the quality and accessibility of public services in the field of registration of real property rights and cadastral accounting for citizens and business.
Reforming the system of registration of real property rights and cadastral registration in Russia resulted in reduction of terms of service provision, development of e-services, systematization of information on real property units and rights to them.
|11:00am - 12:30pm||14-13: Land policy reform in the Democratic Republic of Congo|
Progress and outlook of land reform and land use policy in RDC -I
D.R. CONGO OFFICIAL GOVERNMENT, Congo, Democratic Republic of the
|1:30pm - 3:00pm||15-12: Land policy reform in the Democratic Republic of Congo|
Progress and outlook of land reform and land use policy in RDC –I
D.R. CONGO OFFICIAL GOVERNMENT, Congo, Democratic Republic of the