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|Location: MC C1-200|
|Date: Tuesday, 20/Mar/2018|
|8:30am - 10:00am||01-12: Strategies to Strengthen Womens' Land Rights|
Session Chair: Janet Walsh, Human Rights Watch, United States of America
Gender Gap In Ownership To Agricultural Land In Rural Tanzania: Implications to Wealth Distribution
ARDHI UNIVERSITY, Tanzania
The land reforms in Tanzania as evidenced by the Land Policy of 1995 and the Land Act and Village Land Act both of 1999 give equal rights to both men and women on land ownership. However, evidence from gender perspective shows that there is still gender gap as customary land tenure norms are highly predominate over statutory laws in decision making and land ownership practices in rural Tanzania, which affects women's involvement in agricultural activities hence financial status. Although insignificantly addresses the existing challenge, co-titling was seen to be one of the options taken by the Government to lessen gender gap to land ownership. Sustainable solution to addressing gender gap requires creation of awareness and provision of basic knowledge on land rights to women. The efforts should be taken along with participatory approach of involving rural communities with the Government, non governmental organizations, local leaders, religious leaders and education institutions.
Gender and Land Tenure Security in Gusii Kenya: Improving Household welfare through land Rights
Bremen University, Germany
Majority of the Kenyan population lives in rural areas and derive their livelihood directly from land which is both an economic and social asset. Although women form more than three quarters of the agricultural labor force, a complex set of customary laws has restricted them to usufruct land rights acquired mainly through marriage. Despite the Kenyan constitution giving women equal rights to land with men, discrimination in access and control of land against women still persists. Hence women owning land are exposed to insecurity. It is widely argued that given land tenure security, people invest more in land hence have higher output. Guided by the Political Ecology (FPE) perspective this paper argues that Women’s role in family upkeep combined with access to land would play a crucial role in realization of some of the Sustainable Development Goals including food security, poverty reduction and improve access to education for the children.
Enhancing Women’s Land Rights Under Customary Tenure Through Issuance Of Certificates Of Customary Ownership And Communal Land Associations
Ministry of Lands, Housing and Urban Development, Uganda
Uganda’s Constitution 1995 guarantees four tenure systems namely: Mailo, Freehold, Customary and Leasehold tenure. A greater part of the land in Uganda is held under customary tenure, usually subject to restrictions such as transfer outside the family and clan. The 1995 Constitution defines customary tenure as “land which is governed by customs, rules and regulations of any given community”. therefore, Under customary tenure, land is held in trust by the family for past, present and future generations who constitute a form of trusteeship that is associated with the responsibility to protect not only the land itself but also the land rights of all family members. The Land Act 1998 provides for the registration of customary land through issuance of certificates of Customary Ownership and Communal Land Associations where land is held communally/ family/a group of persons.
Gender-disaggregated data: A key prerequisite for realizing women’s land rights in Africa
1GROOTS Kenya; 2LANDac/ Utrecht University, Netherlands, The
There is a growing momentum in Africa to further strengthen women’s access to and control over land and natural resources. One leading example is AU’s Agenda 2063 which aims to ensure that rural women have access to and control over productive assets, including land. One obstacle however is the lack of gender-disaggregated data, crucial toward monitoring and tracking progress at the local to regional levels. GROOTS Kenya and LANDac aimed to address this challenge in Kenya by piloting a community-led land mapping model which was developed through desk and grassroots research. This paper presents the results of these activities to demonstrate how the country should proceed in terms of generating gender-disaggregated data on land. We question whether the state should actually rely on formal registries in desegregating land data as well as provide empirical evidence from the grassroots to feed into the ongoing debate on perceived ownership and the SDGs.
|10:30am - 12:00pm||02-12: Securing Women's Land Rights in Customary Systems|
Session Chair: Caleb Stevens, USAID, United States of America
Women’s Land Rights as a Pathway to Poverty Reduction A Framework and Review of Available Evidence
1IFPRI, United States of America; 2Oxford University
This paper reviews the qualitative and quantitative literature on women’s land rights (WLR) and poverty reduction. It uses a systematic review search methodology, and synthetic approach to assess the level of evidence and agreement within this literature. The evidence is strong for relationships between WLR and bargaining power and decision making on consumption, human capital investment, and intergenerational transfers, with weaker evidence on the relationship between WLR and natural resource management, government services and institutions, empowerment and domestic violence, resilience and HIV risk, and consumption and food security. Gaps in the evidence arise from a failure to account for the complexity of land rights regimes, the measurement of land rights at the household level, the lack of attention paid to gender roles, and the lack of studies from countries outside Africa, but these gaps should not deter careful design and implementation of programs and policies to strengthen women’s land rights.
Exploring Gender-Biased Customary Land Tenure Systems in Ghana: Results from Focus Groups with Men and Women Farmers in the Northern Region
Social Science Research Center at Mississippi State University, United States of America
This qualitative study used a focus group research design to investigate gender and land tenure dynamics in rural communities in the Northern Region of Ghana, where approximately 73.7 percent of adults are engaged in agricultural production, primarily as smallholder farmers (Ghana Statistical Service, 2013). The research team is interested in investigating the effects of gender equity within customary land tenure systems as they pertain to agricultural productivity among smallholder men and women soybean farmers. Specifically, our research instrument focuses on generational transfer of land and women farmers’ rights to land (access to and stability of tenure) as a preliminary step in exploring gender-biased customary land tenure and agricultural output among soybean farmers. We conducted six focus group discussions (N = 72)—three women-only focus groups and three men-only focus groups—in three districts in the Northern Region where soybean is grown as both a cash crop and a subsistence crop.
Ensuring Gender Mainstreaming in the Design and Implementation of REDD + Related Activities
World Bank, United States of America
to be filled
Innovations in Securing Land and Resource Rights for the Poor and Women in Customary Settings: the Case of Chamuka Chiefdom, Zambia
1UN-HABITAT/GLTN, Kenya; 2His Royal High Chief Chamuka IV, Chisamba, Zambia; 3People’s Process on Housing and Poverty in Zambia
Most countries have progressively passed laws that protect tenure of security for customary land on which the most of the rural people depend for their livelihoods, however, implementation is low, in part, due to lack of affordable land tools. This study presents experiences of issuance of certificates of customary land rights occupancy (CCROs) in the Chiefdom of Chamuka in Central Zambia. Following the pilot implementation of CCROs in Chamuka area, using the Social Tenure Domain Model (STDM) by the Global Land Tool Network and the People’s Process on Housing and Poverty in Zambia (PPHPZ), there is improved voices of poor people and women in local and national dialogues on land with their chiefs and local government authorities; the Katuba Women’s Association is emerging as a powerful voice for women on land in Zambia.
|2:00pm - 3:30pm||03-12: Making Land Institutions more Gender Sensitive|
Session Chair: Katia Araujo, Landesa, United States of America
Women's Land Rights and Food Security in Kenya: Challenges and Opportunities
1University of Nairobi, Kenya; 2University of Nairobi, Kenya
Kenya has made important strides towards enhancing women’s land rights through the 2010 Constitution and the enactment of laws that seek to achieve gender equality. Despite this, there have been mixed results; according to an assessment of the progress of women’s land rights in Kenya’s legal framework in 2017 commissioned by the Food and Agriculture Organization (FAO), the country appears to have done well in a few aspects while it has performed dismally in others. Proceeding from this assessment, this paper explores the role that law has played in enabling women to contribute to food security. In doing this, we will identify pathways for enhancing women’s access to land and the shortcomings of the legal framework broadly conceived to include a wide array of actors, structures, and interests in laws, policies, and institutions. We will suggest ways in which women’s land rights can be better secured to promote food security.
Women’s Land Rights in Liberia: How can they be Protected and Strengthened in the Land Reform Process?
1LANDESA, United States; 2Land Governance Support Activity , Liberia; 3Women’s NGO Secretariat of Liberia, Liberia; 4Association of Female Lawyers of Liberia, Liberia
Liberia has a pluralistic land tenure system based on statutory and customary laws. In the customary tenure, the land is held in long-term use rights rather than ownership, as it is technically owned by the state, and is also considered to ultimately belong within the customary system to a greater tribal or clan group. Women access customary lands through their male relatives, usually via fathers (before marriage) or husbands, and their land use rights are limited to short-term crops as opposed to their male relatives right to plant long-term crops such as rubber trees.
Landesa conducted a women’s land rights study with particular focus on customary land tenure. The study’s findings will help to inform the government and its stakeholders in implementing Liberia's Land Rights Policy (2013) in a gender responsive way and to develop advocacy initiatives related to the promotion and protection of women’s land rights in Liberia.
The Effectiveness of a Social Behavior Change Communication (SBCC) Strategy in Changing Social Attitudes on Equal Rights to Property for Women – The Case of Kosovo
USAID Property Rights Program, Tetra Tech
The society in Kosovo is considered patriarchal and patrilineal, where property inheritance is traditionally transferred to men.
Even though the laws provide equal rights to property for men and women, the social norms continue to encourage patriarchal values that exclude women from property inheritance.
This paper will address the social context and norms related to property inheritance, discuss how these have negatively affected women’s ability to inherit and own property, and will describe interventions implemented under the USAID-funded Property Rights Program (PRP), namely a multi-channel Social and Behavior Change Communications (SBCC) campaign, with the aim of countering these negative effects.
PRP’s SBCC campaign was designed with the aim to encourage change in beliefs, attitudes and behaviors so that women are seen as capable stewards of property, valued economic actors, and benefiting from tenure security.
Customary land tenurein matrilineal societies of Tanzania: Does inheritance matter?Experience from Morogoro rural district
Ardhi University, Tanzania
This paper reflects on customary land tenure in matrilineal societies in Tanzania. In large parts of the country, customary land tenure operates under the lineages of patrilineal or matrilineal. The study was conducted in Morogoro Rural District. The area is dominated by Waluguru who traditionally follow the matrilineal system. The available relevant documents were reviewed to provide secondary information. Interviews and life stories were employed to provide primary information about customary land tenure system and trends overtime. The study discovered that inheritance has been a major system of obtaining/transferring land from one generation to another. Moreover, education, monetary economy, land reforms and urbanization have challenged inheritance practices. Apart from that, purchasing and renting are becoming the common mechanisms of obtaining land. The Luguru are constrained by low levels of income and education. The study recommends that, efforts should be directed in education as a tool for improving the income status.
|3:45pm - 5:15pm||04-12: Legal & Practical Barriers to Gender Neutral Land Ownership|
Session Chair: Patricia K. Mbote, University of Nairobi, Kenya
Women, Business and the Law 2018: data that matters for women's property rights
The World Bank, United States of America
Women Business and the Law provides open access data identifying critical legal gender differences impacting women’s economic empowerment . Covering 189 economies, it is a simple and timesaving resource for World Bank Group practitioners, policy makers and civil society networks interested in finding out where the bottlenecks relating to property rights impacting women’s inclusion and empowerment may lie. Property rights are a focus of the project analyzing linkages with underlying legislation such as family, inheritance laws and land laws and impacts on areas such as women’s ability to access credit. A new land module has been added in the 2017-2018 research cycle, to look at what state incentives exist to increase women’s access to property by individually or jointly titling their land and housing. We also examine the legal requirement of including women as co-owners in documents and issues around spousal consent when selling or buying immovable property.
A Comparative Analysis of Women's Legal Rights to Land Worldwide
Public Prosecutor's Office of Berlin, Germany
The aim of this paper is to put each country’s regulations of women’s marital property into a global context and to understand the historical, religious and political foundations of the current property legislations worldwide with regards to married women’s ownership. The equal distribution of land ownership can be considerably stimulated or hindered by laws that promote or deny women’s equal rights to property. The marital property regime is one of the main bases of property ownership for women. By comparing the different legal marital regimes, this paper provides relevant information to foster the discourse on how to secure women’s land rights. In this way, it contributes to a nuanced understanding of the interconnectivity of national land governance systems worldwide from a gender perspective. Among other sources, it draws on the published data of the World Bank Group’s project Women, Business and the Law.
Achieving SDG Indicator 5.a.2 in the Western Balkans: Partnerships for Gender Equality in Land Ownership and Control
Legal framework assessments in the Western Balkans have revealed that while some gaps could be addressed through regulatory reform and the adoption of by-laws, notaries and registration offices have an important role to play in ensuring that the law is implemented and that women’s interests in land are registered and secure. The current phase of an ongoing collaboration between FAO, GIZ and IUNL is focused on developing guidelines for notaries and registration offices, pinpointing steps in their service provision where the integration of gender considerations is of critical importance to ensure that all rights holders – men and women – are correctly identified, and their rights recorded and protected.
The paper provides an overview of the current collaboration in the context of implementing the Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests, as well as the achievement of SDG indicator 5.a.2 in the sub-region.
Transformative reparations: A mean identify, eliminate and correct preexisting structural inequality on women's access to land
Independant, United States of America
Colombia’s legal order prescribes equality between men and women. In rural areas, however, the persistence of social and cultural practices that discriminate on the basis of gender prevail. This has affected women’s access to land ownership, and now that Colombia is on the verge of breaking from decades of conflict it has adopted a series of measures reflective of transitional justice norms. One of these: the “Victims Law”, establishes a special process for land restitution. This law establishes several measures that guarantee women’s right to rural property. However, women in rural areas have not sufficiently benefitted. This paper argues that these barriers could be overcome if Colombia adopted specific, transformative reparation measures aimed at identifying, eliminating, and correcting preexisting structural inequality on women’s access to land and suggests a set of defined transformative reparation measures to be adopted by judges in cases when the land restitution claimant is a woman.
Redesigning Procedures to Encourage Legal Recognition of Informal Relations to Property: The Case of “Informal Inheritance” in Kosovo’s Intergenerational Context
USAID Property Rights Program, Tetra Tech
This paper examines “informal inheritance” cases when de facto owners did not initiate formal inheritance proceedings. When initiation of inheritance proceedings is delayed, the large number of claimants spanning several generations of heirs, many of whom live outside of Kosovo, creates further difficulties to formalize possession of property. The resulting discrepancy between cadastral records and informal ownership contributes to tenure insecurity. The USAID Property Rights Program assisted the Government in amending the laws on inheritance, notaries, and uncontested procedure to provide an efficient mechanism to initiate inheritance claims, and expedite inheritance proceedings initiated many years after the death of the right holder. The legislation also introduces due process safeguards to protect the rights of women and children. This paper analyzes factors that exacerbated the discrepancy between cadastral records and informal ownership and, subsequently, examines recent legislation introduced to expedite recognition of rights that may then be registered in the cadastre.
|Date: Wednesday, 21/Mar/2018|
|8:30am - 10:00am||05-12: Expropriation Policy in Practice|
Session Chair: Katherine Mulhern, International Senior Lawyers Project, United States of America
Expropriation and Compensation for ‘Public Utility’—the view from ‘above’ and ‘below’ in Cameroon
1International Institute for Environment and Development (IIED), United Kingdom; 2Centre for Environment and Development (CED), Cameroon; 3The Network to Fight Against Hunger in Cameroon (RELUFA), Cameroon
Cameroon is part of a global trend towards large-scale investments in
infrastructure, agriculture, extractive industries, industrial facilities and real
estate that are displacing many people. Deeming these projects in the public
interest, governments often acquire land by expropriating locally-held land
rights. But compulsory land acquisition has severe economic, social and cultural
impacts for families and communities. And disputes brought by legitimate
landholders can delay or undermine projects, potentially causing losses to
commercial operators or failing to deliver the intended public good. Many
countries have old-fashioned expropriation rules, ill-suited to addressing the
challenges involved. But Cameroon is well-placed to learn from and harness
best practice: the ongoing process to reform legislation on compulsory
acquisition is an opportunity to develop an effective system that both protects
land rights and facilitates developments that are genuinely in the public interest.
Need of Compliance to Legal and Social Framework for Land Based Investments in India
1Bhartiya Agriculture Economic Research Center, India; 2M P Law College, Auranagabd
India has seen a sea of changes in the field of land acquisition, especially in last 10 years. We wish to present a 360-degree view of these changes based on our research and data based analysis.
Our work is based on following areas:
1. Qualitative & quantitative analysis of legal disputes over land conflicts litigated before Supreme Court of India between 1950 and 2016. Supreme court cases are representative of the country as it hears the cases from across the country.
2. Comprehensive analysis of the provisions of the RFCTLARR, 2013, followed by comparative study of amendments related to the dilutions in the said act.
3. Findings of a detailed ground level surveys on land acquisition, rehabilitation and resettlement proceedings undertaken for large-scale land based projects across the Indian states.
Understanding Compensation From The Viewpoint Of Owners And Users Affected By Projects: An Assessment Of Selected Land And Water Development Projects In Turkey
Understanding Compensation From The Viewpoint Of Owners And Users Affected By Projects: An Assessment Of Selected Land And Water Development Projects In Turkey
|10:30am - 12:00pm||06-12: Infrastrcuture investments and Compulsory Acquisition Processes|
Session Chair: Jonathan Lindsay, World Bank, United States of America
National Land Commission experience in acquiring land for mega investments in Lamu County – Kenya.
NATIONAL LAND COMMISISON, Kenya
Land in Kenya is categorized into three namely Private (16%), Public (17%) and Community (67%). Whenever the government wants to acquire land for public infrastructural development, it can only acquire private and community land. The body mandated to compulsory acquire land for public use is the National Land Commission. The National Land Commission was called upon to compulsory acquire land in one specific county situated at the coast of Kenya, namely Lamu. Since 2014 several public projects have been earmarked and some implemented in this area i.e. the LAPSSET Project, Coal Plant and Kenwind Power Project. There also other projects of similar nature in Lamu County that would require substantial amounts of land, but these are yet to be implemented.
Developing a Transit-Oriented Development Strategy for the Lima Metro: Challenges and Opportunities
The World Bank Group
In this paper, we explore how the benefits of transport infrastructure investments could be amplified by improving urban planning, land use and development of neighborhoods surrounding Metro stations in Lima, Peru. Concretely we propose actions in the following 3 areas: (a) the cadastral system of Lima to support the land value capture of potential TOD and urban renewal areas; (b) the development of land value capture instruments to be applied; and, (c) the strengthening of the capacity of the local authority in charge of the formulation and development of a potential TOD project.
GIS Analysis on The Mismatch between the Roads in Cadaster and in Reality due to the Saemaul Road Project in Korea.
LX Korea Land and Geospatial Informatix Corporation, Korea, Republic of (South Korea)
In the 1960s, Korea had a tremendous increase in agriculture output by construction of Sasemaul Road that is one of the Saemaul Undong. However, it caused a disagreement of roads between in the cadaster and the reality, which led to various social problems. First of all, in order to resolve this problem, it is necessary to research the nationwide status of the lands including the problems. For this research, GIS spatial analysis are used for extracting the priority areas where there are many lands including the problems. Five pilot sites were selected for the analysis and it is possible to confirm the differences according to regional characteristics. The government will be able to make the budget effectively for dividing roads to drive and walk from the private lands and purchasing them by the result of spatial analysis.
How land value capture(LVC) has financed infrastructure, affordable housing, and urban development in Bogota-Colombia
1World Bank, Colombia; 2World Bank, HQ; 3Bogota Cadastral
Main aspects of the LVC instruments applied in Bogota as land readjustment, development rights and plusvalue capture includes: i) fair participation of stake holders in real estate projects, ii) technical, legal and financial mechanisms for its implementation, iii) inclusion of the destination of the LVC instrument in the muncipal budget, iv) urban land generated per instrument, and v) the role of the multipurpose cadaster system in the LVC implementation procedure. Identifying main characteristics in the optimal implementation of these instruments will be an step for the definition of a methodology that orientates LVC application in LAC for urban development as: i) stake holder participation mechanisms, ii) land management process, iii) institutional arrangement for public and private sector participation, and iv) cadaster system mechanism for the LVC implementation
|2:00pm - 3:30pm||07-12: Urban Land Acquisition|
Session Chair: Bjoern Hoops, University of Groningen, Netherlands, The
Political and Economic Challenges for Land Owners and Families Surrounding the Port of La Union, El Salvador, Central America
1LAA GLOBAL, El Salvador; 2Korea-Vietnam Friendship Information Technology College, Vietnam; 3Real Estate Owner, El Salvador
The Port of La Union in El Salvador, it is currently an unfinished mega investment, represents a thoughtful expression of steady development opportunities but also social issues. Before running a structural project such as a [Exclusive Economic Zone (EEZ)], the project implies an expanded analysis over the potential risk for land-owners who lacks pertinence to invest in the EEZ project.
This research offers a deep insight and proposes a planning framework to balance two main issues, a) the Salvadoran governance & rule of the law, b) the tripartite relationship of government - wealthy people - landowners' inclusion - “less protected citizens”.
The EEZ follows global sustainable development goals determined by the United Nations, helps tremendously to improve El Salvador’s economic growth, leverage well-being of local citizens and creates “safety” investments. However, it means evaluation over human rights among the said tripartite relationship to guarantee non-violation by abuse of power, commandeering or deceptive negotiations.
Understanding Land Acquisition in Urban Development Projects: Participation of Slum Dwellers
Centre for Environmental Planning and Technology (CEPT University), Ahmedabad, India
With rising urbanization, cities have continuous need for numerous urban development projects and many a times land required for these projects call for acquisition. The study focused on understanding how the city government deals with slum dwellers during acquisition by taking two case studies varied in scale in the city of Ahmedabad, India. While one project acquired land impacting 10,040 slum households the other impacted 200. Development induced displacements through forced evictions and lack of participatory processes during these turn the clock back for these slum households and these are precisely the households that are the most vulnerable. The timeline assessment of projects and analysis lead to identification of various gaps in the process despite of existing laws and frameworks which illustrated lack of bare minimum sensitivity and complete negligence of the fact that these urban development projects can be multi-dimensional opportunities to cater to all sections of the society.
Land Governance & Infrastructure Development: Challenges in the Perspective of Land Acquisition and Resettlement.
International Resettlement Consultant, Bahark-Eshkashim Road Project of the Ministry of Public Works, Asian Development Bank, Afghanistan
Land governance & infrastructure development: Challenges in the perspective of Land Acquisition and Resettlement.
Growing development planning in recent decades in the developing countries requires more lands for the construction of infrastructures under the different development projects. Infrastructure development is significantly required for the improvement of communication, urbanization and industrialization which have a multiple impacts on promoting social and economic mobilization in case of improving supplying chain management, importing-exporting agricultural products and commodities.
Due to rapid urbanization and industrialization, acquisition of private lands by the government for the development of infrastructures is a common scenario globally in which significant policy implications are incurred while imposing state’s laws and regulations on the land owners. Overpopulation with the urbanization creates scarcity of lands that keeps tremendous pressure on the land ownership pattern in result lands become significantly valuable asset in many countries like Bangladesh, Nepal, Sri Lanka, Bhutan etc.
Understanding Local Governments’ Tactics To Guard Against Land-expropriation-related mass incidents (LERMIs) in China: A Case Study From Huizhou
Huazhong University of Science and Technology, China, People's Republic of
We intend to understand tactics adopted by China’s local governments to guard against land-expropriation-related mass incidents (LERMIs). We first illustrate the factual and institutional backgrounds, then, apply the value-added theory to recognize four factors that stimulate a LERMI, and on this basis, conceptualize local governments’ corresponding prevention tactics as enhancing trust, splitting group, easing discontent, and guiding elites. With the materials collected from a peaceful land expropriation case in Huizhou, a city in Southern China, we summarize key practices of the local government to guard against LERMIs as follows: integrating principles of both legal and reasonable in policymaking, promoting the compliance of land expropriation behavior, treating resolving contradictions as a priority, and motivating the participation of village committee and elites; and further answer why these practices are effective through integrating them with the conceptual tactics developed in the theoretical interpretative framework.
|3:45pm - 5:15pm||08-12: Turning Legal Principles for Expropriation into Practice|
Session Chair: Tim Hanstad, Landesa, United States of America
Challenges and Opportunities for the Formalization of Uncompensated Expropriated Private Lands in the Dominican Republic
The Land Alliance, United States of America
The paper presents the challenges and possible opportunities to resolve an intractable issue plaguing both land tenure security and social equity in the Dominican Republic – a remnant of the agrarian reform process and in particular a result of uncompensated expropriations of private lands. The Dominican legal framework combined with a vigorous and politicized policy of massive expropriation without payment of just compensation and the subsequent distribution of the expropriated land to small farmers without providing proper title. Since compensation has not been paid, the expropriated owner remains on the land registry causing what is essentially a situation of ‘government imposed reciprocal tenure insecurity’. This is a significant ‘lose-lose’ situation that requires a combination of innovative public policy and private sector willingness and organization to formalize property rights. The paper describes possible solutions and recent efforts by Land Alliance to promote these solutions to Dominican government authorities and civil society organizations.
High-level Requirements for a Land Acquisition and Resettlement Tool for Planning, Design, and Implementation of Resettlement Process for Infrastructure and Other Public-interest Projects.
1World Bank; 2National Center of State Cadastres, Geodesy and Cartography, Uzbekistan; 3Independant Consultant
Currently, more than forty percent of the projects funded by international donors, require some form of resettlement or relocation of population to free land to realize infrastructures and other improvements of public interest. This paper will highlight a minimum set of national policies necessary for compliance with majority of social and environmental safeguards procedures required by international donors, will then transcript it into a sequence of business rules to be followed and to be implemented within a land acquisition and resettlement tool/module and will list a set of high-level requirements for such a tool based on comparative studies of resettlement practices in several countries in Central Asia and more specifically in Uzbekistan.
In the view of the authors of this article, an incorporation of resettlement module within fully functional Land Information System with spatial capabilities can significantly facilitate resettlement process in preparatory and implementation phases.
Compulsory Acquisition of Land: the Need For Robust Governance to Deliver Public Interest Projects Through Land Assembly
Land and Equity Movement in Uganda - LEMU, United Kingdom
There are two separate dimensions of fairness to consider whenever land is compulsorily acquired. These are: the basis for which the land is acquired, and the means by which those affected are compensated. This paper considers these two matters in the Ugandan context, and in particular, with reference to the customary tenure system, as the dominant system (by land mass) in Uganda. The paper reviews whether the legislative and governance framework for compulsory acquisition in its current form can guarantee the fair acquisition of land for realizing infrastructure and public goods in Uganda. This is of particular relevance as the Ugandan parliament considers potential amendments to the constitutional principles of land acquisition.
Legal Limits On Government Authority To Expropriate Land
Land Portal, Netherlands, The
In this paper, the laws of 50 countries across Asia, Africa, and Latin America area reviewed to determine whether they comply with international standards on expropriation as established in the Voluntary Guidelines on the Responsible Governance of Tenure (VGGT). For each of the countries assessed, a score of “yes” or “no” for nine indicator questions. Partial” is an answer option where laws only partially satisfy the question asked by the indicator. By assessing the laws in 50 countries and answering these indicator questions, this paper intends to establish a benchmark for progress that can be used by governments, NGOs, civil society, and activities to monitor progress on the adoption of Section principles established in the VGGT. This paper will also present a set of evidence-based recommendations for reforming laws so that they appropriately limit government expropriation power and protect the tenure rights and livelihoods of populations within these countries.
|Date: Thursday, 22/Mar/2018|
|8:30am - 10:00am||09-12: New ways of creating and using data|
Session Chair: David Rovira, senseFly SA, Switzerland
Ecuador - Sigtierras The First National Interconnected Open Source Land Information System
Territorial management in San Pedro Sula, Honduras
1Municipalidad de San Pedro Sula, Honduras; 2DHV Consultants
Zanzibar Mapping Initiative - An Island of Innovation
WORLD BANK, Tanzania
Land Administration at Scale
GIS Transport, Nigeria
|10:30am - 12:00pm||10-12: Roundtable: Big Data and the Valuation Office – a Two-sided Application for Land Administration?|
Session Chair: Tim Fella, ESRI, United States of America
Improving Property Tax Valuation with Big Data
International Association of Assessing Officers, United States of America
How Governments are Applying Concepts of Big Data, Open Data, and Data Science in Support of Land Administration
Thomson Reuters, United States of America
Arlington County’s Open Data Initiative
Arlington County, United States of America
|2:00pm - 3:30pm||11-12: Gender Analysis of Land Registration Systems|
Session Chair: Rumyana Tonchovska, UNFAO, Italy
An Assessment of Land Tenure Regimes and Women’s Land Rights in Two Regions of Myanmar
Landesa, United States of America
While formal laws and some customary systems in Myanmar recognize the equality of women’s rights within households, evidence suggests a complicated picture in which the bundle of rights enjoyed by the male members of a household may not be equally available to women, a picture complicated by the context of Myanmar, with its variations in regional ethnic geopolitics fueled by landlessness, migration, conflict and displacement. This paper reports on findings of two qualitative gender assessments conducted in Bago and Tanintharyi regions of Myanmar to contribute to evidence on women’s land rights in Myanmar and help bridge the gaps in knowledge on 1) how women experience their bundle of rights to land within customary and formal regimes, 2) what legal, social, economic and cultural constraints they face and 3) what mechanisms can be put in place to take into consideration the barriers and constraints women may face in accessing their rights.
Women's Land Ownership in Morocco: Current State & Challenges
World Bank, United States of America
Land is the most relevant, yet the most undermined, type of property for women in Morocco and the MENA region in general for different reasons. The paper provides an overview about the factors undermining women’s land ownership in Morocco. It focuses on the legal aspect and exposes the body of regulations governing women’s land ownership, the historical process underlying it accounting for the colonial legacy and tribal politics. It highlights the legal changes and their impact, since 2010, granting women more access to communal land as well as the role of the Soulaleyyate, a Moroccan women’s land rights movement, in stirring the reforms. Lastly, it addresses the challenges facing these reforms and future prospects.
Case Study on the Registration of Property Rights of Women in Kosovo
1Company: KLSC; EU funded project, Kosovo; 2Kosovo Cadastral Agency
Through this study we provide an overview on the rights on immovable property ownership for women in Kosovo, and offer relevant recommendations that are necessary to increase the possibility for a better gender issue on immovable property rights and encourage women to participate in these decision making processes. Registration of immovable property rights has implications on economic development of the country and ensures stability for women in the society. The contribution of this paper is that we use real data from cadastral registers to show the changes in the registration of women’s immovable property ownership and joint property ownership in Kosovo throughout a period of three years, by looking at different municipalities to see the variation across rural and urban areas.
|Date: Friday, 23/Mar/2018|
|9:00am - 10:30am||12-02: Developing a Shared Conceptual Framework for Research on Women’s Land Rights|
Session Chair: Ruth Meinzen-Dick, IFPRI, United States of America
Developing a Shared Conceptual Framework for Research on Women’s Land Rights
1Resource Equity, United States of America; 2Oxford University; 3IFPRI
Developing a systematic body of literature that provides insights on the importance of women’s rights to land and how they can be secured most effectively requires two things: 1) Better outcome measures of what constitutes women’s land tenure security and 2) An understanding of how underlying conditions affect those outcomes.
This class will present a conceptual framework that develops shared definitions and concepts around women's land rights and identifies the types of factors that may change women’s tenure security. Adoption of this conceptual framework across all studies in the sector will improve the practical application of studies and, ultimately, enable us to more effectively secure women's rights to land.
Participants will leave the class able to more methodically analyze the effectiveness of interventions to improve land rights for women by applying the common conceptual framework and vocabulary in future research.
|11:00am - 12:30pm||13-02: Land in the SDG and the Human Rights Sphere: Links and Opportunities|
Session Chair: Katia Araujo, Landesa, United States of America
Human Rights Norms and SDG: Links and Opportunities
Landesa, United States of America
This Master Class is targeted to civil society practitioners, government officials who may be tasked with or involved in Sustainable Development Goals (SDGs) implementation or reporting for human rights treaty monitoring bodies, and development partners or private sector actors looking for innovative approaches and large-scale and cross-movement impact. Developments on land rights in the human rights realm and the inclusion of land indicators in the SDGs framework create an interdependent cycle of incentives, implementation, and enforcement that implicates both movements. The development of land as a human right includes both existing standards and opportunities that complement efforts to strengthen land rights via SDGs implementation. The numerous links between these two realms create an unprecedented opportunity for collaboration between civil society, governments, and development partners that can multiply successes for land rights from both human rights and development perspectives.
|1:30pm - 3:00pm||14-02: Land Governance from the bottom up: Including local communities in multi-stakeholder processes|
Session Chair: Romy Maria Santpoort, Utrecht University, Netherlands, The
Land investments from the bottom up: Including local communities in multistakeholder processes
LANDac (Netherlands Academy for Land Governance), Netherlands, The
This Masterclass shares experiences of LANDac with two programs based on locally organized, bottom-up multi-stakeholder processes in which local communities play a central role: the learning platforms on land governance and food security; and scaling women’s land rights from the grassroots. After presenting the findings and outcomes of these LANDac projects and their policy and practice implications, the masterclass will open the floor to a broader discussion about the research methodology and multi-stakeholder processes. Finally, through interactive exercises, participants will learn about practical tools for working with local communities in multi-stakeholder processes, and will become acquainted with some of the main issues coming out of the processes. With multi-stakeholder processes becoming an integral part of land governance related projects and programs, this Masterclass provides a useful platform for sharing expertise, offering guidance and coming up with new practical ideas for researchers, policy makers and practitioners.