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|Location: MC 7-100|
|Date: Tuesday, 20/Mar/2018|
|8:30am - 10:00am||01-07: Boundary Demarcation and Territorial Governance|
Session Chair: Melchiade Bukuru, United Nations Convention to Combat Desertification, United States of America
Mapping and Territory: What Critical Cartography Offers to an Analysis of Land Governance?
Cornell University, USA
The field of critical cartography attends to the ways in which cartographic practices “produce” territory through mapping. Critical cartography problematizes the assumptions of objectivity often presupposed in “technical” activities such as land surveying or identifying customary land tenure. Although this constructivists lens has significant implications for land governance analysis, the insights of critical cartography are usually not transferred into policy discussions. Building on the case of the Miskitu people in the region of Moskitia in eastern Honduras, this paper examines how cartographic practices have contributed to the making of indigenous territories. This paper argues that participatory mapping projects significantly influenced the formation of the indigenous territories, known as territorial councils in Honduras, transforming how stakeholders think about boundaries and the management of natural resources. Integrating the lens of critical cartography can contribute to a better identification of the dynamics that emerge as effects of mapping and finding the most appropriate solutions.
Conflict in Collective Formalization Processes: Opportunities for Transformation?
1CIFOR, Peru; 2CIFOR, Kenya; 3CIFOR, Indonesia
Conflict in relation to forest and land tenure security is multi-dimensional, although the most common problems are usually associated with overlapping claims or boundaries. This article examines conflict in the context of the formalization of collective forest rights in three countries, Peru, Indonesia and Uganda. This research specifically examines the nature of conflicts by combining results from multiple scales and perspectives – from national and subnational government implementers of tenure reforms, to communities and male and female household members. It asks how formalization processes alter the nature and/or trajectories of land and resource-related conflict and examines the association of conflicts with the different types of tenure regimes in which they occur. It explores factors that contribute to exacerbate or transform conflict.
Urgency of Village Boundary Setting / Resource Mapping, Villages and Land Governance in Indonesia
1Millennium Challenge Account - Indonesia (MCA-Indonesia); 2Millennium Challenge Corporation (MCC)
Millennium Challenge Account Indonesia (MCA-I) has adopted methodology and approaches that combines the state guidance – Ministry of Home Affairs (MOHA) Regulation No 45 of 2016 on Village Boundary Delineation and Demarcation – on how to implement Village Boundary Setting and Resource Mapping (VBS/RM) in Indonesia; participatory approaches where villagers are being the key actors of the implementation activities in village level; as well as newest technology such as GIS (geography information system), GNSS (global navigation and satellite system) and Unmanned Aerial Vehicle (UAV) to produce the best result in terms of map’s quality and accuracy. The combined VBS/RM approaches using the state guidance, participatory approaches, and advances technology are important tools that have produced not only an adequate village boundary map with technical accuracy, social legitimacy but also formal recognition from the government who has sole authority in doing VBS/RM activities in Indonesia.
Addressing Encroachment on State Forest Land in Tunisia
United Nations Food and Agriculture Organization, Italy
Tunisia’s state forest lands face a common problem of encroachment due to increasing pressure from developers, farmers, and pastoralists. Moreover, the boundaries of State forest land are unclear; archival maps are outdated and boundary markers are insufficient. The paper describes a pilot activity in Siliana governorate adopted by the government's Direction Générale des Forêts (DGF) to address the tenure issues affecting state forest areas. The open source software Open Tenure was used to collect data on encroachment.
While country contexts differ significantly, the lessons gained through the experience in Tunisia provide insight for other countries interested to address the issue of forest land encroachment. This topic has wider ranging application for global efforts to reduce emissions from deforestation and degradation.
|10:30am - 12:00pm||02-07: Interventions for strengthening tenure security|
Session Chair: Abdu Muwonge, World Bank, Kenya
Linking The Continuum Of Land Rights To Production Orientation And Management Styles: Lessons From Research In Namibia
1GIZ, Germany; 2University of Stellenbosch, South Africa
Strengthening Women’s Land Rights: Lessons From Agricultural Development Programmes In Sub-Saharan Africa
Capacity Development Lessons from Tenure Security Learning Initiative in Eastern and Southern Africa (TSLI-ESA)
1Technical University of Munich, Germany; 2GLTN/UN-HABITAT, Kenya; 3IFAD, Italy
Mainstreaming support for good land governance into agricultural and rural development programmes: Lessons from IFAD-supported projects
Analysis And Reflection On Methodologies And Practices For The Formalization Of Land Rights
Ordre des Géomètres-experts, France
|2:00pm - 3:30pm||03-07: Community-Led Land Governance|
Session Chair: Esther Mwangi, Center for International Forestry Research, Kenya
Examining the Real Costs of Community-led Rights Documentation from USAID’s Experience in Burma and Zambia
USAID Tenure and Global Climate Change Project, Tetra Tech
As mobile technologies, crowd sourcing and batch processing of data offer the potential to scale-up national efforts to document land rights, there has been pressure to reduce the per-unit cost of documentation, in order to make large-scale systematic registration viable. However, many global programs cite the cost purely of data collection in the field, and not the full range of other activities that lead to a successful registration (and ultimately administration) program. Over the past five years, USAID’s TGCC program has undertaken household land documentation in Zambia and community land documentation in Burma offering lessons on the real costs of rights documentation approaches. We find that data collection costs represent only a fraction of the total cost and effort and broader considerations should be accounted for. This paper explores costs associated with piloting and estimated costs for a scalable approach.
Mapping Community Land in Mozambique: Opportunities and Challenges for Combining Technology with Good Land Governance
1Community Land initiative (iTC); 2Cadasta Foundation
This paper discusses opportunities and challenges for the integration and combination of a participatory mapping and high-resolution satellite within the community land delimitation process. Based on the principle that information is crucial for decision making at the local and provincial level, the paper discusses the benefits of associating the CADASTA platform approach with community delimitation processes, where information gathered through a participatory process at the community level, can improve land use planning and inform decisions for land-based investments. The discussion will be based in a context of existing land information management systems (SiGIT), and the opportunities and challenges for accessing, archiving, and print information. Making these maps available for the public (including the community) is considered to be a key point for participatory planning and inclusive land-based investments.
What do communities want from land reform? A socio-technical exploration of community-led land rights documentation projects
1Land Equity International, Australia; 2Cadasta Foundation; 3KU Leuven
Mobile penetration and technology advances, together with guidelines such as ‘fit-for-purpose’ have arguably largely solved the problem of ‘insufficient technical capacity’. What remain are the social, institutional and political questions that will fundamentally impact success or failure as well as the sustainable implementation of land administration activities once the project is completed. In the land administration literature, these socio-technical elements have been under-researched, and are typically under-reported, or simply not considered, in project monitoring and evaluation.
This paper explores the application of an assemblage methodology to represent and interrogate the complex connections between the actors, structures and technologies that form the implementation of land administration at the local level. It focuses on community-led land rights documentation, as these projects present a significant opportunity to understand local values relating to land and land rights. The paper contributes to a better understanding of the socio-institutional aspects that drive land reform success.
"Rethinking Customary Land Governance, Fiduciary Duties and Development Opportunities form a Real Estate Management Perspective"
LAFAYETTE COLLEGE/ FAO-NRC, United States of America
The generally accepted definition of land governance demands fiduciary standards related to governance and management; studying and identifying basic problems occurring within the land administration system. Accordingly, effective customary land management should result in the most rational use of a community’s land resources qualified by the land tenure and ownership structure. This include sustainable management of growth and population dynamics, environment management and protection of valuable areas, development and monitoring land market opportunities, and the best use of land assets of the community, taking into consideration the rules of sustainable development. This paper uses a real estate management lens to examine whether examples of customary land governance and fiduciary practices in Ghana and Sierra Leone deviates from the asset management expectations required to achieve the highest and best use of land as a valuable sustaining community asset.
|3:45pm - 5:15pm||04-07: Operational & Legal Aspects of Community-based Data Capture|
Session Chair: Emidio Noormahomed, Fundação Iniciativa para Terras Comunitárias (iTC-F), Mozambique
Mobile Applications for Secure Tenure (MAST) and the Technical Register for Social Tenure (TRUST) – development and applications in Iringa and Mbeya Districts in Tanzania
1DAI US; 2DAI US; 3DAI US; 4DAI Europe; 5DAI US
Following completion of pilot work using the 'Mobile application for Secure Tenure' (MAST) in three villages in Iringa District Tanzania in May 2016, USAID commissioned the Land Tenure Assistance Project, under the Feed the Future programme, to scale up to a further 41 villages in the Southern Agricultural Growth Corridor of Tanzania (SAGCOT) in Iringa and Mbeya Districts. For the long term maintenance of the registers at village and district levels the LTA is developing new approaches to maintaining the registers under the 'Technical Register Under Social Tenure (TRUST)' and is supporting low cost methods for village land use planning.
The purpose of this paper is to provide an overview ongoing progress and of the innovative approaches and developments, both in field and office procedures being deployed, the role of MAST within the procedural framework, and the development and deployment of TRUST at village and district level.
Strengthening GIS standards to improve monitoring of land indicators for SDGs: Using India as a use case
1Natural Resources Management Consultants (NRMC), India; 2Land Portal Foundation, Netherlands; 3University of Reading, United Kingdom
This paper presents India as a pilot case for strengthening the use of spatial standards in the socio-economic domain with a specific focus on SDGs. Based on the experience of mapping Women Land Rights in India, this research expands the focus to other land-related indicators in the SDG agenda. The paper is structured as follows: it maps the existing spatial datasets relevant to land-related SDGs indicators in India; It identifies existing standards for interoperability of spatial data, assessing the suitability of these standards in the SDGs context; It then proceeds with the individuation of gaps and best practices for the interoperability of different spatially disaggregated data; It concludes with a case study of mapping WLR against other selected socio-economic indicators included in the global SDGs agenda, eventually providing policy recommendations based on the spatial overlay of different sources for SDGs indicators in India.
An Overview Of Innovative Tools For Land Tenure Documentation
ITC, University of Twente, Netherlands, The
Innovative approaches to land tenure documentation are increasingly being developed and implemented mainly through pilot projects in various countries and application contexts. These approaches combine mobile digital technologies and flexible database structures with community based approaches for capturing and managing tenure rights. We discuss 12 such initiatives. A basic commonality of the initiatives is the general approach to tenure documentation through community based digital data capture via mobile applications – where land administration’s work does not suffice or has failed and to acknowledge the diversity of land tenure regimes. Looking at the initiatives and tools in more detail a number of differences become apparent in terms of financing mechanisms and organizational characteristics, as well as technological design and application domains. Our discussion provides a basis to point out theoretical directions for future research as well as points of consideration for evaluation.
Apps and Drones for Better Land Governance
1Foundation for Economic Freedom, Philippines; 2Foundation for Economic Freedom, Philippines; 3The Asia Foundation, Philippines
A time and cost study on public land titling revealed that land adjudication and land surveying are time-consuming and expensive. This paper describes two reforms that addresses these constraints. First is the use of mobile applications in accepting and managing title applications under the adjudication process. Second is the use of unmanned aerial systems (UAS) or drones to support land surveys. The implementation of the reforms is done under the Development Entrepreneurship model where technically sound and politically feasible reforms are pursued. The mobile applications make adjudication efficient and transparent while the drones generate high resolution photos and survey-grade maps that meet government standards. The paper concludes that both technological interventions have the potential to improve the titling process and eventually, the state of land governance in the Philippines.
|Date: Wednesday, 21/Mar/2018|
|8:30am - 10:00am||05-07: Documenting and Administrating Customary Rights|
Session Chair: John Bugri, KNUST, Ghana
The Ugandan Experience of Land Market Policy
Land and Equity Movement in Uganda - LEMU, Uganda
This paper reviews the impact of international policy on the evolution of customary tenure in Uganda. In particular it considers why it took 95 years to establish a legal recognition of customary tenure, and the impact that this has had on the standing of customary rights holders. It reviews key international policies in respect of land markets, and notes that some institutions have wrongly interpreted the increasing emphasis on security of tenure as a justification for replacing customary tenure with individualized land rights.
The experience of the Land and Equity Movement in Uganda over many years has shown that customary approaches to land management cannot be accommodated in an individualized system. Despite this, the Ugandan Government appears to be set on converting customary rights to other systems, which is based on a misunderstanding of the means by which tenure security can be promoted.
Costs in Community Land Delimitation: Sustainability, Innovation and Shared Responsibilities for an Inclusive and Effective Land Administration System in Mozambique
Community Land initiative (iTC), Mozambique
The land law in Mozambique enables community land rights to be registered and secured through delimitation processes. The recognition of customary rights was a key reform in the current land law. Securing community land rights is widely recognized as a key path to promote sustainable rural development, and since it is becoming an important component in the land administration system, understanding its costing structure is critical, especially when scalability, sustainability and innovation are considered, as parts of the land administration equation. However, more than just an estimate of the total cost, it is important to understand where the costs come from, and its impact in the land administration system in the longer-term. Since community land delimitation shall be the first step, this paper tends to analyse the sources of delimitation costs, and how it can lead to a more proactive, sustainable, innovative and inclusive land administration system.
Identifying Key Factors for Successful Community Rights Documentation from USAID’s Multi-Country Experiences in Zambia, Vietnam, Paraguay, Ghana, and Burma
1USAID Tenure and Global Climate Change Project, Tetra Tech; 2Winrock International; 3World Resources Institute
Community-led rights documentation and, in some cases, recognition initiatives are growing around the world. There is a wide diversity of types of rights that are being documented from household, to community, to ethnic rights. Goals of the processes also range, from creating an evidence-base for local actors of their current and historical land-use, to facilitating multi-sector spatial planning, to integrating records into formal land administration systems. Based on USAID’s experience in Ghana, Paraguay, Burma, Zambia and Vietnam, we find that the best practices related to general processes to document rights are relatively consistent and include a strong understanding of the community, clear outreach and communications, inclusive participation of women youth and vulnerable populations, use of appropriate technology and strong local partnerships. In all cases, locally-led rights documentation has additional impacts and unintended consequences, both positive and negative, beyond the original documentation goal.
“Responsible Land Management Concept” A New Dimension for an Improved Customary Land Management: A Case Study of the Dormaah Ahenkro Customary Land Secretariat (CLS)-Ghana.
1Chair of Land Management, Technical University of Munich, Germany; 2Kumasi Technical University, Ghana
Land management challenges in Ghana continue to remain unresolved despite several interventions adopted in years past. The numerous challenges in the customary land sector which makes up 80% of lands in Ghana led to the Customary Land Secretariat (CLS) initiative under the auspices of Government of Ghana and World Bank. The aim was to address local land challenges across Ghana.
This study assessed the responsiveness of CLS interventions to local needs based on the ‘Responsible Land Management Concept’ through a survey of CLS users and interviews with other land experts. Results indicated that CLS lacks; transparency and accountability, documentation of processes, monitoring and evaluation and effective participation and consultation with other stakeholders.
Lack of financial sources, high interference from the Stool and lack of logistics and expert staff contributed to the unresponsiveness.
Policy implications from this paper provide effective ways of designing responsible land management system to address local needs.
|10:30am - 12:00pm||06-07: Accommodating Legal Pluralism at National Level|
Session Chair: Raelene Webb, National Native Title Tribunal, Australia
Decolonizing Land law in Western African Countries and Recognizing Legitimate Land Tenure Rights
1World Bank, United States of America; 2French Technical Committee on Land Tenure and Development
The main objective of the presentation is to think of how it could be possible to recognizing and securing land tenure rights in Africa for a majority of stakeholders, in a short, in an affordable way for beneficiaries. The presentation will present and explain some key legal principles based on recent land policy and reform processes in Western African countries. These principles could have consequences in both rural and urban areas and also peri urban areas. The presentation will not be only a theoretical exercise but will also provide examples and questions raised currently in recent land reform implementation, in particular in Benin and Mali. But Niger, Senegal and Burkina will be heuristic examples as well to clarify some of these key legal principles. Lastly, the presentation will present some challenges and risks to implement and make effective and implementable these well-known legal mechanisms but quite innovative in African countries.
Legal Pluralism: A Terrain of Contestation for Rights-Based Land Governance in Myanmar
1International Water Management Institute, Lao People's Democratic Republic; 2Kyoto University, Japan; 3International Food Policy Research Institute, Washington DC
Dominant state control over land plays a critical role in producing land dispossession throughout the Global South. In Myanmar, state’s approach towards territorial expansion drives the country’s system of land governance, resulting in widespread and systemic land grabbing. This article investigates ongoing reform processes and brings to light key structural challenges in the country’s land governance system: 1) the government’s drive to formalise land ownership, which has threatened customary land tenure rights and legitimised land grabbing practices; 2) institutional inertia that impeded the current government’s reform efforts; and 3) the underlying problems of data inconsistency partly due to serial, historical land confiscation. From a policy perspective, we highlight the need to position legal pluralism as a terrain of contestation for rights-based approaches in land governance, meaning that pluralistic legal systems and norms are contradictory in their capacity to both limit but also generate opportunities for supporting local community’s land rights.
The Necessity to Consider the Complexities Inherent within Pluralistic Legal Systems When Introducing Domestic Property Law Reform – The Case of Sri Lanka
University of Queensland, Australia
In countries where pluralistic legal systems and customary tenure exist, translating land policy reform to effective legal framework is not an easy task. Although this process is impacted largely by the prevailing local social, economic and political conditions, there are other contributory factors: the reluctance of the local community to accept change, the inability to change some deep-rooted customary practices and the inability to move past colonial influence. In some cases, it requires looking beyond these factors to find ways to harmonize the past with the present by exploring innovative solutions that accommodate customary tenure. Using Sri Lanka as a case study, this paper examines the necessity to consider the complexities within a legal pluralistic society of the interaction between formal law and customary law when introducing property law reform.
Endogenous land privatization in rural Uganda: What are the implications for customary land governance and customary land dispute resolution policies?
SOAS, University of London, United States of America
This paper considers the impact of endogenous land privatization on customary land governance and customary land dispute resolution policies in Africa. I analyze a magistrate court-directed mediation hearing for a customary land dispute, which I observed in October of 2015 in eastern Uganda. I explain how the dispute and mediation hearing illuminate the growing trend of rural land privatization across Africa. This paper also provides a comparative analysis of customary and statutory land dispute resolution practices. Political and economic change in eastern Uganda has caused a weakening in customary land governance; yet, my analysis of the mediation hearing shows how both customary and statutory land dispute resolution methods remain salient in practice. Evidence of their complementarity carries important implications for the development and/or reform of land dispute resolution policies. More broadly, this paper underscores the need for sustainable land reform in Africa, particularly in areas where customary tenure predominates.
|2:00pm - 3:30pm||07-07: Community Rights for Environmental Benefit|
Session Chair: Alda Salomao, CENTRO TERRA VIVA, Mozambique
Successful Community Stewardship of Tropical Forests: Evidence from Community Forest Concessions in Petén, Guatemala
1Bioversity International, France; 2Ministry of Agriculture and Livestock, Guatemala
In the Maya Biosphere Reserve (MBR) in Petén, Guatemala 25-year forest concessions have been granted to local communities since the 1990s. Previous studies have demonstrated that the concessions effectively halt deforestation. This study sheds light on the socio-economic benefits derived from the concessions. We carried out context analysis, community forest enterprise assessments (n=12) and household surveys (n=350) across all 12 concessions. Our findings show that forest income can lift people out of poverty while conserving the forest. These findings substantiate the claim of the communities for concession renewal due over the next few years. This evidence is particularly important as the communities are faced with powerful groups interested in oil exploration and tourism development in the MBR, as well as deforestation linked with cattle ranching, cash crop production and forest fires. We conclude with opportunities for increasing the viability of community stewardship of tropical forests in Guatemala and beyond.
Common Benefits: How Community Tenure Is Facilitating investment in the Commons for Inclusive Growth
1Center for International Forestry Research; 2ForestAction, Nepal
Questions of barriers and solutions to investment in the commons have taken on increasing relevance due to the success in recent years of communities in many parts of the world in gaining stronger, legally recognized rights over collective resources. This is particularly the case with respect to forest ownership. With success in achieving stronger rights, important questions now arise over how communities can increase economic productivity and social benefits from their newly achieved control over important resources and assets, including by increasing levels of internal investment and attracting external investment. Normative economic theory and private investors posit conceptual and practical barriers to investment in commons-based enterprises. This paper considers evidence of potential pathways to overcoming perceived barriers to investment in the commons by drawing on lessons of efforts underway in four countries—Guatemala, Mexico, Nepal and Namibia—to foster investment through solutions that recognize the social character of commons ownership.
Land Rights, Inclusive Development and Benefit Sharing To Achieve CO2 Emissions Reductions
1MOKORO, United Kingdom; 2Centro Terra Viva, Maputo, Mozambique
This paper looks at how customary land rights intersect with REDD+ projects to reduce CO2 emissions from forests areas with local populations. It then looks at how the emissions reductions can be guaranteed far into the future. Without this, they cannot become a vehicle for long-term investment by international institutions. The paper uses a new REDD+ emissions reduction programme (ERP) in Mozambique as a reference case. It examines how the progressive Mozambican policy and legal framework supports the design of a successful ERP seen as an integrated rural development programme, including the distribution of ER revenues to local people whose collaboration in the programme is essential. To discuss the long-term guarantee issue, the paper looks at a little used feature of the Mozambican constitution and suggests that States must embrace a more radical, devolved form of local partnership to generate ERs now, and guarantee their long-term permanence and marketability.
Foreign Investments to Support Forestry In Mexico as a Means of Increasing Resiliency
Michigan State University, United States of America
Community resilience measures the sustained ability of a community to utilize available resources while responding to stress, as well as withstanding and recovering from adverse situations. It takes into account social vulnerability, environmental hazards, and economic conditions. As climate change inserts increased risk and unpredictability into management and planning, resilience considerations become more crucial. With a focus on the country of Mexico, this work explores international investments in the forestry sector as a tool to increase resilience.
Mexico has 138 million hectares of forest and a history of deforestation and degradation. This research uses interviews, surveys, and existing data to explore the impact on increasing community resiliency through the World Bank’s Forest Investment Program, which aids both rural development and reduced deforestation and degradation in rural and indigenous Mexican communities.
|3:45pm - 5:15pm||08-07: Native Title and Land Registration|
Session Chair: Camilla Toulmin, Lancaster University/IIED, United Kingdom
“Amazonas Dialog Forum”: Land Governance and Traditional Populations Rights in Brazilian Amazon
Instituto Internacional de Educação do Brasil, Brazil
The Brazilian Amazon still lack a defined property arrangement and land regularization which can guarantee traditional populations rights’ effectiveness and fulfillment. Insecurity in land tenure within Protected Areas affects communities development, constraining opportunities for income generation, access to public policies and deforestation. In response to this the "Amazonas Dialog Forum" was created in 2012 as a result of efforts channelized by three civil society organizations: Brazil’s International Education Institute (IEB), Land Pastoral Commission (CPT) and National Council for Extractive Populations (CNS). The objective is to promote land regularization in Protected Areas categorized as “Sustainable Use”, and to ensure traditional people´s social, economic and environmental rights, promoting their protagonism in the territorial planning agenda. Its approach is based on putting together national and state land agencies responsible for land regularization in Amazonas state, Brazil. Up to now, the “Forum” provided land documentation for around 1,468 families, regularizing approximately 2,3 million hectares.
Property Rights in Indigenous Communities in Canada: Factors Affecting Leasehold and Certificate of Possession Values
Natural Resources Canada
The leasehold market in Indigenous communities in Canada is bifurcated. It produces values at the level of comparable non-Indigenous communities (across 40% of the sample); it also produces significant discounts at the level noted by the courts (across 60% of the sample). For Certificates of Possession, the evidence is clearer: A market constrained by legislation and by community-preferences means that market values are discounted by some 88%. This research marks the first step; small sample sizes preclude further speculation. Suffice to say that the inconclusive results across the factors illustrates the variability and unpredictability of land/property markets in Indigenous communities, the effect of property rights, and the difficulty in measuring institutional costs and benefits. The findings should spur discussion and research into the viability of existing land tenure/land registration systems in Indigenous communities in Canada, as well as research into factors that affect market values.
Treaties and Land Governance - Whose Land is it Anyway?
National Native Title Tribunal, Australia
Widespread conflict over access to land followed the failure to recognize the existence of Indigenous land owners when Australia was first settled. The fiction of ‘terra nullius’ and the legal assumption that the "waste lands" of the Australian colonies were exclusively possessed by the Crown was not set aside until 1992 by the High Court.
The statutory scheme established in 1994 to recognise and protect native title encourages flexible agreement making about the use of land but the deeply ingrained view of some non-Indigenous Australians that Indigenous land rights are less meaningful than other forms of land tenure leads to poor land governance and is an underlying cause of conflict.
Australian First Nations are now calling for meaningful recognition through a "Makarrata" or treaty like process. This will allow land governance processes to be established which reconcile all land interests and reduce the potential for conflict.
Democracy & Communities: Catching Up with Changing Community Land Governance Around the World
Sustainable Development Goals for 2030 aim to see a rise in inclusive and accountable governance in most sectors. This paper examines where community-based land governance is going in the early 21st century. A sample from ten to 100 countries is used for different aspects of the research. The key hypotheses tested are: (a) that community based land governance is increasingly acknowledged as a sound direction for rural land governance to take, as testified by rising national law provision for this; and (b) that, despite the above, traditional chief-led decision-making, on the one hand, and state reluctance to surrender formalization powers, on the other, impede this trend. It is further hypothesised that this reflects conflicted ideologies towards democratic devolution and the accelerated interest of state parties in retaining controlling interests over untitled lands.
|Date: Thursday, 22/Mar/2018|
|8:30am - 10:00am||09-07: How can Pastoral Systems Keep up with Changing Conditions?|
Session Chair: Fiona Flintan, International Livestock Research Institute, Ethiopia
Land and resource governance in pastoralist systems: It’s not all about boundaries and property rights
1International Livestock Research Institute, Kenya; 2ADIS-University of Nairobi; 3College of Development Studies, Department of Environment and Development, Addis Ababa University
Interventions aimed at strengthening local governance and communal tenure for pastoralist communities, influenced by mainstream thinking on property rights and natural resource commons, often result in a reduction in the flexibility inherent in pastoralist resource management systems. This paper explores this challenge, bringing together four case studies from the drylands of Kenya and Ethiopia. All four involved external actors supporting communities using a participatory approach and strengthening governance over a well-defined territory. In all four, the primary challenges to effective governance related not to internal dynamics but rather to how governance and management are affected by communities, organizations, and institutions from beyond the landscape. Effective governance of rangelands cannot simply be a larger replication of local level common property regimes. Instead, fluidity, negotiation and overlapping rights are likely to be key features of effective landscape governance arrangements for pastoralists.
The Strategic Use of Private Property: Investigating the Tenure-Use Gap in Kenya's Rangelands
1International Organization for Migration (IOM-The UN Migration Agency); 2McGill University, Department of Geography
The situations observed in Kenya’s rangelands support a pluralistic notion of property systems characterized by “adaptation” as opposed to replacement. Insights from East Africa’s rangelands challenge widely held assumptions about the suitability of private property for all ecological and social contexts. Large-scale land subdivision in Kenya’s rangelands has resulted in unanticipated outcomes that challenge received wisdom in the field of property rights. In some cases, the introduction of private property has created disconnects between land tenure and land use. The evidence presented in this paper contests the notion that private property is exclusively the most effective form of land tenure. Rather than securing user rights and clarifying property rights claims, the application of private property can unhinge tenure from land use with the result that private property returns to communal use. In situations where property systems merge with one other, or are amalgamated by claimants, hybrid forms of property emerge.
Formalizing Pastoral Land Rights in Ethiopia: A Breakthrough in Oromia National Regional State
1TetraTech ARD, Ethiopia; 2Ministry of Agriculture, Ethiopia; 3USAID Ethiopia/Mission
Rangeland ecosystems in Ethiopia, occupied and used by pastoralists, are under threat from several quarters. Ethiopian Pastoralists have been requesting the federal and regional state governments to secure their communal land use rights granted to them under the Federal and regional constitutions, so that they will be able to legally prevent encroachment and appropriation of pastoral land for other uses without their consent. Several obstacles arose that needed resolving before pastoral landholding rights could be formalized. These include lack of appropriate legislation for formalization, reluctance of local administrators to cede use and control of land to pastoralists, averseness of government officers to register large landscape to a group of pastoralists, and unwillingness to empower customary institutions to administer and manage pastoral landholdings. It took almost three years of negotiations with the governments of Oromia NRS before agreement was obtained and field work could start to adjudicate, demarcate, map and register pastoral communal landholdings.
|10:30am - 12:00pm||10-07: Increasing Tenure Security in Pastoral Systems|
Session Chair: Peter Veit, World Resources Institute, United States of America
The Role of Pastoralists' Tenure Security In Sustainable Land Management; Evidence From West Pokot, Kenya
1University of Nairobi, Kenya, Kenya; 2Lund University, Sweden
This paper assessed whether and how different land tenure regimes and land tenure security affect the sustainable use of land in West Pokot County, Kenya. Tenure security is important as it enhances investment in sustainable land management practices, which contributes to sustainable livelihoods. Data was gathered through community-level discussion meetings, key informant interviews and a survey of 191 individual households. The information collected focused on historical and current perspectives on land ownership in the different areas of the county, the types of sustainable land management practices and the effect of tenure security on the sustainable land management practices. Data were analyzed qualitatively. Results showed a rising trend in individual land ownership especially in the semi-arid locations compared to the arid areas. Tenure security played an important role in uptake of sustainable land management practices such as soil nutrient management, soil and water conservation, agro forestry, land restoration and rehabilitation.
Do Mongolian’s need a contract on rangeland?
Green ecology, Mongolia
Everyone involves in the rangeland through livestock in Mongolia. Rangeland is life of livestock, and livestock is main food source for Mongolians. Rangeland-livestock-herders are interrelated to each other. In this paper author shares do Mongolians need a contact on rangeland based on project experiences in peri-urban rangeland leasing areas in Mongolia.
The contractual use of rangeland by herder groups proved to be feasible in Mongolian conditions. More than 400 herder groups have got their rangeland under land use contract in 50 soums in the territory of Тuv, Selenge, Bulgan, Orkhon, Darkhan-Uul, Uvurkhangai, Arkhangai, Dornod aimags. Herder groups have got the rangeland, to operate more intensive livestock activities, ranging around 500-2500 ha per group on their own will and through negotiations with neighbor herders on land use boundaries and approvals from bag meetings and soum Governors. All this prove that we need to have a contract on rangeland by herder groups.
Regional Innovations For Diverse Tenure Systems Of Pasture Land In Central Asia
1Environment and development Association JASIL, Mongolia; 2National Pasture Users Association "Kyrgyz Jayiti", Kyrgyzstan; 3Institute Ecology for Sustainable Development, Kazakhstan; 4National Association of Dekhan Farmers, Tajikistan; 5Kyrgyzs Association of Forest and Land Users, Kyrgyzstan
Pastoral agriculture is a way of life for many communities in Central Asia and over time it has evolved and supported environmental protection of rangeland landscapes and herders’ livelihoods. Moreover, as common pool resources, pastureland management is based on rich and diverse traditions of local communities, state regulations and latest innovative tenure systems can contribute to the social and economic well-being of local communities and the countries.
Central Asian region currently in social, economic and ecological terms stile in adaptation phase in ongoing socio-economic, ecological and political challenges and flexibility. In the transition to a market economy countries of the region started to adopt innovative and different tenure systems of pastoral land. These innovative tenure systems contributing to the independent economic development, decentralization, devolution of decision making and for the reduction of degradation of pasture land, which is occupies 44.0 - 85.3% of total land in the countries of the region
Assessment Of Different Land Tenure Systems And Their Respective Effects on Rangeland Governance in South Tunisia: an application of the Bayesian Belief Network (BBN) approach.
1ICARDA, Jordan, Hashemite Kingdom of; 2IRA, Institut des Régions Arides de Médenine, Tunisia
The objective of this study is to investigate the determinants of "good common rangeland governance" in South Tunisia. The weight of each of these variables will then be determined quantitatively through the application of the Bayesian Belief Network (BBN) method. The BBN approach allows tracking the causality linkages between primary and secondary variables on one hand and a final outcome event, considered in our case as the chance of having a good rangeland governance. Data was collected from two local areas (Tataouine and kebili) through focus groups and field survey. the resulting networks show that good governance of rangelands is rather contextual. In one of the study areas (Tataouine), institutional constraints were the most important determinants of achieving good rangeland governance, while in Kebili, economic factors were the most influential.
|2:00pm - 3:30pm||11-07: Valuing Unregistered Land|
Session Chair: Lawrence Walters, Brigham Young University, United States of America
Earth Observation For Land Titling And Land Value Estimations
1Inter-American Development Bank, Bolivia; 2Satelligence, The Netherlands; 3European Space Agency, Italy; 4Geoville, Austria; 5eLEAF, The Netherlands; 6University of Twente, The Netherlands
Precise land valuation is necessary for an efficient allocation of resources and territorial planning. Such information can be obtained from real data transactions in limited areas where they occurred, leaving the rest of the land valuation depending on precise estimation models. In many low and middle-income countries the data needed as input is scarce, limiting model application potential. This study presents an alternative to the use of soil maps to estimate land values, by using satellite-derived deforestation and other parameters. Examples from Bolivia will illustrate significant improvement over previous land price models, allowing us to develop a land price index to inform farmers about current price trends and expected sale price for their own land. Continuous monitoring also helps to address land tenure control issues resulting from unbridled soy and livestock expansion leading to deforestation. Adding biomass production estimations based on new European Sentinel satellite data can further improve the estimations.
RICS Research Valuation of Unregistered Land – The Reality of Functioning Informal Land and Property Markets in Ghana, Peru & Indonesia
1RICS, United Kingdom; 2International Land Policy, Australia; 3University of Technology Sydney, Australia
RICS has recently carried out a wide ranging research project looking at the realities of functioning informal land & property markets in Ghana, Peru and Indonesia. This is the first time that informal land markets have been studied in this way and this research and the findings should help provide a wealth of background information to anyone working or who has an interest in this sector. This research has focused on how and what valuation methodologies are currently used to value informal land in these geographies, the need for alternative valuation methods encompassing such complex issues as social, environmental, reasonableness, and the conclusion that current global valuation methods may be, in some circumstances, inappropriate. The research both builds on previous work in this important sector and helps provide an evidence base for current initiatives such as the UN Habitat GLTN ‘Valuation of unregistered land guide’.
Valuation of Unregistered Lands in Developing Countries: Challenges, Applications and Potential Impacts for Responsible Land Governance
1UN-Habitat/GLTN, Kenya; 2Global Property Advisory; 3Private Consultant; 4South Pacific Property Advisors
Valuation of unregistered land in developing countries is in the critical path of achieving many important global, regional and national development goals such as: addressing climate change, sustainable urban development, food security, promoting responsible investments, addressing the conflict often associated with large-scale land investments, and common human rights abuses associated with land all which if not checked affect the poor and women most. These may be immediate and urgent needs. The affected parties require accurate market valuations for many different reasons; neither they nor valuers can afford to wait until their markets are formalised. Rather, valuers (including those working with government authorities) should be at the coal face of seeking, understanding and developing land markets, rather than sitting back and waiting to be served by other property professionals.
|Date: Friday, 23/Mar/2018|
|9:00am - 10:30am||12-07: Fit-for-Purpose Technology for Cadastral Systems|
Session Chair: Brent Jones, Esri, United States of America
Fit-for-Purpose Technology for Cadastral Systems
Esri, United States of America
Low cost, configurable off-the-shelf GIS technologies are now available for cadastral systems. There is no longer a need for custom programming, complex implementations, and special skills. Leveraging the standard data model Land Administration Domain Model (LADM) and commercial off-the-shelf (COTS) GIS data and technology deliver systems that are quickly implemented, scalable, evolve with changing requirements and supported by numerous public, private, and NGO communities.
This new approach addresses many past challenges of system cost, intermittent internet connectivity, accurate GPS use, scalability and security. This master class will discuss spatial platform and app technologies for collecting data with Androids, high accuracy GPS, producing, managing and sharing cadastral data. This master class will present all the technology necessary to get started. Details and lessons learned from deploying this approach in Kenya and Colombia will be shared.
|11:00am - 12:30pm||13-07: Handbook for Geospatial Best Practices for Land Administration|
Session Chair: Stephen Calder, GIS/Transport, United States of America
Handbook for Geospatial Best Practices for Land Administration The Tools, Methodologies, Applications, and Rationales.
GIS/Transport, United States of America
[This abstract consists simply of an outline of the Handbook, with samples of the completed work included. The outline is in purple italicized text. The samples of the Handbook are in black text.]
Intent of the Handbook, target audience
Premise of the need for the Handbook
Chapter One: Geospatial Data and Information
Special qualities of geospatial data and information
Accuracy, precision and resolution
Points, lines and areas; Vector and raster
Absolute accuracy and relative accuracy
Chapter Two: The Disciplines of Place
Chapter Three: The Processes of Location
Chapter Four: Land Registries and GIS
Blending diverse data sets
Chapter Five: Misc. International Best Practices
Assorted best practices
|1:30pm - 3:00pm||14-07: New Technology and Emerging Trends: The State of Play for Land Administration|
Session Chair: Kate Fairlie, Land Equity International, Australia
New Technology and Emerging Trends: The State of Play for Land Administration
1Know Edge Ltd, United Kingdom; 2Land Equity International pty; 3World Bank Group
This paper provides an insight into a recently published “New Technology and Emerging Trends: The State of Play for Land Administration” Guide by the World Bank that provides decision support to designers of Land Administration programs requiring guidance on what new and emerging technologies could be effectively adopted and integrated within their programs. The Guide is positioned within the context of implementing Fit-For-Purpose (FFP) land administration solutions where technical solutions supporting the implementation of the spatial framework need to be complemented by appropriate legal and institutional frameworks. The Guide has the following target audience: World Bank staff providing guidance to developing countries designing their land administration programs; staff specifying land administration programs for developing countries; donors providing guidance and aid to developing countries; senior civil servant decision-makers involved in formulating policies in the land sector; and public and private sector land professionals involved in land administration.