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|Location: MC 10-100|
|Date: Tuesday, 26/Mar/2019|
|8:30am - 10:00am||01-10: Land consolidation: A tool to improve land use|
Location: MC 10-100
Session Chair: Morten Hartvigsen, Food and Agriculture Organization of the United Nations (FAO), Hungary
New trends in development of agricultural land consolidation in Russia
State University of Land Use Planning, Russian Federation
We can treat Agricultural Land Consolidation as a merging, enlargement, eliminating of mosaic land ownership and improvement of configuration as well as optimization of size of land plots. The present stage of development of Agricultural Land Consolidation in Russia is featured by development of agricultural holdings and increasing size of private farms. The average size of agricultural holding amounted 490 thousand hectares in 2016. It varied from 340 thousand hectares to 790 thousand hectares in 2016. The average size of private farm estimated 71.4 hectares in 2016. It increased by 66.4 % compared to 1995. There is also a trend of development of Agricultural Land Consolidation at the regional level, for example, in Orel Region. In 2017, the average size of the private farm was amounted 160.0 hectares in the region. It increased by more than 3.2 times compared to 1994 due to agricultural land consolidation.
An analysis of long-term experiences with land consolidation projects
1Dutch Cadastre, Land Registry and Mapping Agency (Kadaster), Netherlands, The; 2University of Munich Germany; 3National Land Survey Finland; 4Aalto University Finland/National Land Survey of Finland
Land consolidation is a specific land management instrument, which has changed in goals, application, legislation, and context of application over time. How and why these changes took place and what the effects of these changes were can best be learned from experienced land consolidators. This article provides an analysis of these experiences, which were captured through narrative vignettes. From the analysis we infer that land consolidation has adapted itself over time, and experiences from different countries have brought more insights in the bottlenecks, limitations, opportunities and requirements for land consolidation. Despite regional differences in preferences, attitudes and opinions about whether land consolidation is an appropriate instrument, there seems to be consensus that land consolidation projects should currently be highly pragmatically oriented, whereby one has to be very sensitive to the needs and characteristics of local contexts, and whereby one needs to be very clear on both short-term and long-term wins.
Land Consolidation as a multi-purpose Instrument - exploring Opportunities and addressing Challenges in Kosovo
1GIZ - Deutsche Gesellschaft fuer Internationale Zusammenarbeit, Kosovo; 2MAFRD - Kosovo Ministry of Agriculture, Forestry and Rural Development
This paper explores opportunities and addresses the challenges of using the instrument of Land Consolidation in Kosovo, elaborating details of reforming the existing legal framework and its institutional setup. It reflects on former and current experiences made in Kosovo and Eastern Europe, discusses feasible land consolidation models, reviews implications for making implementation feasible and highlights advantages and limitations of different approaches. Furthermore, it emphasizes key principles to be taken into account, which reflect principles of good governance, public participation and key steps in the technical planning process. Last but not least, this paper addresses the need for further learning and frequent exchange of best practices in the region, which helps bringing the agricultural sector of all east European countries forward on their way to EU accession, by stimulating land markets, sustaining economic development in rural areas for both large and smallholder farmers in Eastern Europe.
FAO recommendations on land consolidation legislation
Food and Agriculture Organization of the United Nations (FAO), Hungary
Most Western European countries have a long-lasting land consolidation tradition. In most Central and Eastern European countries (CEE), land reforms were at the beginning of transition high on the political agenda. In most CEE countries, land reforms resulted in farm structures dominated by small and fragmented farms, which are not competitive in the globalized economy.
FAO has in CEE from 2000 and onwards played a leading role in supporting introduction of land consolidation and in the development of national land consolidation programs. In order to enhance its support to the member countries on land consolidation, FAO has in 2018 conducted a regional legal study to identify best practice on land consolidation legislation involving European countries with ongoing land consolidation programs. The main outcome of the study is a Legal guide on land consolidation in line with VGGT. The paper provides overview and summary of the main recommendations in the guide.
|10:30am - 12:00pm||02-10: Balancing rights, development and natural resources protection|
Location: MC 10-100
Session Chair: Omoding James Peters Opio, AfDB, Côte d'Ivoire
Land and resource tenure tensions driven by extractives on the commons of Karamoja – Uganda:
1Associates Research Trust Uganda, Uganda; 2Resource Equity, US; 3Global Land Expert
The Karamoja commons are richly endowed with minerals, including gold, limestone and marble. Both foreign and domestic companies have mining interests in the region. Open access defines the commons, is key to the success of herding, but, to mining it presents a dilemma; there is unimpeded access to mining claims, yet these are being individualized amidst changing land use. The status of the reversionary interest of the once common lands when mining is concluded, is at stake. Open access means high influx of miners, hence high mineral supplies and low prices. Not helping are blind spots between mining and land laws that allow mining companies to operate like ‘middlemen’ using their licenses to exclude competition. Open access and the legal and policy blind spots make it difficult to determine recipients of royalties and surface rights compensation. This leaves communities with neither the commons for herding nor the benefits from mining.
Emerging issues in convergence of conservation and development within wildlife protected areas in Kenya
Kenya Wildlife Service, Kenya
Kenya is implementing a national long term development plan aimed at transforming the country to a newly industrializing middle-income country by the year 2030. The development of physical infrastructure including transport and energy infrastructure, is considered as one of the catalysts for this economic transformation. However, national development requires the use of land reserved for conservation purposes including wildlife protected areas. In the recent past, the country has come up with innovative ways to avail conservation land for development while ensuring the necessary environmental mitigation measures are undertaken in order to ensure sustainable development. The paper presents the emerging issues in convergence of conservation and development within wildlife protected areas in Kenya.
The assault on sanctity of village lands in Tanzania by conservation initiatives
Lawyers' Environmental Action Team (LEAT), Tanzania
in 2009 Tanzania enacted the Wildlife Conservation Act (the WCA). Its section 16(4) required the Minister responsible with wildlife to publish a list of game controlled areas (GCAs) within one year after its coming into force and give reasons for their continuation. To this date, the Minister has not done so. Yet the repealed WCA of 1974 allowed habitation of GCAs by people. The Village Land Act likewise legalized villages created under the villagization program of 1974-75 and WCAthose that were created on GCAs. The 2009 WCA banned the existence of GCAs on village lands meaning the Tanzanian government was duty bound to re-gazette GCAs and ensure that none of them was on village land as GCAs were elevated into protected areas status barring human activities on them. The failure to resolve this conflict of laws many render many villagers landless.
Protecting the nexus between communities’ land and water tenure rights: a comparative analysis of national laws recognizing the freshwater rights of indigenous peoples and local communities
1Rights and Resources Initiative, United States of America; 2Environmental Law Institute, Malawi
Indigenous and local communities utilize and govern terrestrial and freshwater resources in an integrated manner, yet insufficient attention has been paid to community-based “water tenure,” linkages between communities’ water and land tenure, and the extent that communities’ rights to freshwater are legally recognized. A forthcoming analysis seeks to narrow this critical knowledge gap by assessing the extent to which countries’ national laws recognize freshwater rights of Indigenous Peoples and local communities. Analysis of 16 countries in Africa, Asia, Latin America and Oceania concludes that communities’ recognized freshwater rights are largely dependent on their land rights. Laws governing freshwater and terrestrial resources commonly lack sufficient harmonization and gender sensitivity, while also burdening communities with onerous procedural requirements that prevent them from realizing their water rights. Findings emphasize that the security of communities’ land and water tenure demands an integrated multi-sectoral approach to legislative reform and natural resource governance.
|2:00pm - 3:30pm||03-10: Can participatory land use planning help secure tenure?|
Location: MC 10-100
Session Chair: Christopher Mulenga, University of Lusaka, Zambia
Rural land use planning, the integration of shared resources mapping for improved communal tenure security: experiences from Zambia
1University of Lusaka, Zambia; 2Chipata District Land Alliance, Zambia
Rural areas in Zambia are characterised by encroachment of important historical sites and natural biodiversity such as burial sites and natural forests. This is mainly due to lack of co-ordinated land use planning. Although the chiefs act as arbiters of land disputes and have ultimate authority over the management of customary lands in Zambia, the methods they employ are of a curative nature. In most chiefdoms there are few records kept on land allocation to subjects, on land management rules or decrees, or on rulings from land disputes. Due to these numerous problems facing customary land governance structures in resolving land disputes and help in the preservation of historical sites and natural biodiversity, long lasting preventive land administration techniques are inevitable across chiefdoms. Land use planning has been identified as one of the tools that can be employed to effectively resolve the chiefdom problems identified above.
Context, power, equity and effectiveness in territorial planning multi-stakeholder commissions: a comparative analysis of two very different Brazilian States
1University of Florida (UF), United States of America; 2University of Florida (UF), United States of America; 3Center for International Forestry Research (CIFOR), Peru
Multi-stakeholder forums (MSFs) gained popularity in territorial planning as an innovative method that brings diverse actors together to advance “good governance” and “sustainable development”. However, both territorial planning and MSFs constitute a double-edged sword. Advancing certain goals, strengthening certain land-use rights and benefiting certain actors can come at the cost of others, with the potential to both challenge or reproduce power asymmetries. MSFs may present the shortcomings, and profit from the lessons, recognized by scholars and practitioners. Based on mixed methods research, we comparatively analyze equity and power dynamics in the Ecological-Economic Zoning (ZEE) commissions of Acre and Mato Grosso, two Brazilian States with different contexts. We reveal that territorial planning MSFs have better chances to promote equitable power relations and environmental benefits when they emerge - and operate in - a historical context that embraces social-environmental movements, the “common good”, trade-offs and subjectivities, rather than from technocratic top-down initiatives.
Clarification, recognition and formalization of land rights in a landscape restoration project in Burundi
1Independant consultant, France; 2World Bank
The World Bank “Burundi Landscape Restoration and Resilience Project” mobilizes an integrated landscape approach for sustainably managing land, water and forest resources. It includes a land certification subcomponent that aims at clarifying and securing land rights. This subcomponent is made possible by the existence of a land reform undertaken in Burundi for 10 years: political and a renewed legal and regulatory framework, pilot implementation experiments and first phase of scaling-up. The creation of Communal Land Services enables the clarification, recognition and formalization of the land rights through a local, public and contradictory procedure which leads to the issuance of land certificates. This system also allows to solve amicably a number of land disputes. The land component will consist in the creation or the reinforcement of Communal Land Services in the project intervention communes and the implementation of systematic land rights recognition operations in the hills concerned by the project.
Participatory Community Land Use Planning (CLUP ) as a means of conflict prevention and poverty alleviation in rural areas through pilot experiments in the east of Democratic Republic of Congo: provinces of North Kivu, South Kivu and Tituri
UN-HABITAT, Congo, Republic of the
The communication aims to present the PCLUP as an approach that can contribute to the fight against the root causes of land conflicts in the DRC while developing good practices in terms of peaceful, fair and secure access through a process in which all actors from the locality took part.
The added value of the CLUP : A process based: on the participation of communities and institutional, administrative and political actors ; on ownership by the political authorities; on consensus building on land regimes and uses.
A process contributing to the improvement of the security of tenure rights (formal, informal, collective, individual). A process that responds to land access needs of the vulnerable (women, displaced); Anticipates the causes of land conflicts: social dialogue, consensus on rules of access and land use;develops appropriate tools for integrated and participative management of space and land. and sets up a Community Land Use Plan (CLUP).
|3:45pm - 5:15pm||04-10: Addressing the challenges of pastoral tenure|
Location: MC 10-100
Session Chair: Stephanie Burgos, Oxfam America, United States of America
Innovative electronic pasture committee software
KYRGYZ JAYITY National pasture users' association, Kyrgyzstan
Kyrgyzstan today: 15 pasture users unions (PUU) use an innovative approach to manage pastures. The information system “Electronic Pasture Committee” (EPC) allows to keep automated records of the pasture committee's work through the formation of a database of pasture users, livestock, data on pasture plots (capacity, optimal load, seasonality, etc.), calculating the pasture use fees, control of payments made, distribution of pasture plots, vaccination. Before EPC the whole process was carried out manually, not always correctly and regularly, there was no single approach and a unique tool for making operational decisions. Planning, management and use of state pastures in Kyrgyzstan has been legally transferred to local communities and the EPC has already proved its effectiveness, resulting in improved pasture conditions, reduction of pasture load, and overall improvement of pasture infrastructure. Currently, “Kyrgyz Jayity” is working on improving EPC in order to form a consolidated database of all 454 district PUUs.
Pastoral rights to mobility in Senegal: unpacking paradoxes and reimagining sustainable management
University of Wisconsin-Madison, Unites States of America
While national governments increasingly acknowledge the need to protect livestock mobility, broad statements in support of pastoral land rights have not translated into effective policy design. Current approaches to pastoral governance focus on internal dynamics among pastoral groups to regulate access and collectively manage rangelands. To operationalize rhetorical commitments to pastoral tenure security we need to broaden the focus on pastoral governance to address the types of protections and institutions requirements needed to maintain livestock mobility in mixed use landscapes. Drawing on participatory GIS mapping of over thousands of kilometers of livestock corridors and qualitative data collection in 18 communes, this paper integrates institutional analysis with an assessment of the structure and function of two corridor networks in eastern and central Senegal. Three institutional functions are crucial: (1) flexible access to distant pastures, (2) coordination to maintain landscape scale connectivity, and (3) mechanisms for conflict management.
Some issues of reducing pasture degradation in Mongolia
Mongolian University of Life Sciences, Mongolia
In recent years, many factors have been adversely affected by pastures due to climate change and human factors, such as crossroads, mining non-rehabilitation, pest rodent damage, and water supply limitation. Pasture area has decreased by 9.0 million ha over the last 50 years, 31.9 percent has been degraded, 1.2 percent has been affected by wind and water erosion, 38.4 percent is affected by rodents, 24.6 percent is desertified and 0.8 percent is polluted by mineral extraction.
It is important to define ways to develop sustainable pastoralism in mining areas and find out solutions to reduce pasture degradation, such as to decrease the negative impacts of mining, to manage well herder organization, to spend a portion of the profits earned from mining in the region, land and environmental offset.
|Date: Wednesday, 27/Mar/2019|
|8:30am - 10:00am||05-10: Overlapping jurisdictions at the peri-urban fringe|
Location: MC 10-100
Session Chair: Shikha Srivastava, Tata Trusts, India
Peri-urban land governance: understanding conflicting and competing interests for peri-urban land in Ethiopia
Bahir Dar University, Ethiopia
Understanding the competing and conflicting interests on peri-urban land is crucial for informed land governance decision and well managed urbanization process. However, research on understanding of the conflicting and competing interests for peri-urban land and the role, interaction and power relation among actors and its implication on land governance has not received adequate attention by scholars and policy makers. Thus, this study aimed to identify land governance gaps arising from the roles of different actors, interaction and power relations in Ethiopia. Finally, the key findings of this study show that land governance in the transitional peri-urban areas is twisted by divergent or complimentary roles of formal and informal actors.
The policy incompatibility nexus between urban expansion, land use and land value in Nepal: the case of Pokhara metropolitan city
Pokhara University, Nepal
With the implementation of the federal structure and the reorganization of local governments there have been policy conflicts between urban expansion, land use and land value in Nepal. This study collecting data on land use from the profiles of the Pokhara Metropolitan City (PMC) in the Gandaki Province of Nepal and its 33 wards, PMC guidelines on land values implemented for land registration purposes across the city by streets and lane sites, and primary sample data collection on land use and land value has analyzed the land factor for expansion of urban activities in the predominantly agricultural and rural setting for public establishments and private economic activities. The result of the analyses has brought out various problems on land-based investment in public infrastructure, the establishment of business and economic activities in peri-urban areas of PMC. An integrated, improved and strengthened urban expansion-land use-land value policy nexus is required.
Urban expansion and the emergence of informal land markets in Namibia's communal areas
University of Namibia, Namibia
Fifteen years ago, access to land in Namibia's communal areas has only been in the confinement of traditional authorities, as the main institutions through which land can be accessed. Today, land can be accessed through existing individual landholders through the emerging informal land markets. The informal land markets are found in highly populated demographic zones, and mostly villages adjacent to the local authorities areas. According to the Communal Land Reform Act, 2002, trading of communal land is prohibited, however even with this legal prohibition land markets are rampant. This paper presents the dynamics around the emerging informal land markets in Namibia's communal areas, the drivers, and its long-term implications and structural transformations in the landscapes once considered confines of subsistence agriculture.
Who owns the land? Legal pluralism and conflicts over land rights in Ghana
Appalachian State University, United States of America
This paper examines contemporary contestations over ascertaining the ownership of land in Northern Ghana. Presently land in Ghana is characterized by a plural legal system where customary and statutory systems overlap. The 1979 Constitution handed back land in the North to its “traditional owners,” opening up possibilities for earth priests, chiefs, families, and individuals to re-interpret the language of the Constitution and claim ownership. In the North, the hierarchies of land tenure interests are commonly enshrined in contesting oral histories. Drawing on field research in Ghana, I view these contestations not merely as struggles over access to “resources” and land but also as conflicts over competing models of political authority and governance. By elucidating how traditional authorities and state land agencies draw on, revise, and add to these models, this project aims to contribute to broader policy and scholarly debates about land rights and governance in Africa.
|10:30am - 12:00pm||06-10: Ensuring use of public land for public good|
Location: MC 10-100
Session Chair: Jorge Espinoza, GIZ, Brazil
Social and human rights impact assessment for development project within Phnom Penh, Cambodia
Sahmakum Teang Tnaut, Cambodia
The reclassification of a public space within Phnom Penh in order for it to be sold as part of a larger land package to a Chinese company has sparked concerns for the rights of the public to the commons and the possible impacts of its loss and re-development. A Social and Human Rights Impact Assessment was conducted and found the project could have a variety of negative social impacts, such as loss of livelihood for informal sector workers, and that human rights could be impacted upon through relocation of boat operators. The paper also outlines mitigation strategies to limit impacts, such as the relocation of boats to a nearby dock rather than a faraway location. An additional significance is that this research contributes to ownership of the city through proper public consultation, which is provided through consultation within the research and its subsequent publication.
The right of use on non-awarding state lands, an innovative tool for legal certainty regarding land tenure.
COLOMBIA RURAL SAS, Colombia
There is a new model of access to lands in Colombia by means of rights of use on non-awarding state lands; legal security is important to legitimize the state lands tenure located in this area for the development of legal activities. Those are the Forest Reserve Zones; playones and communal lands; and state lands located within a 1.500 miles ratio around the zone where non-renewable natural resources exploitation is being carried out.
The state set restrictions to ownership access, without making an appropriate management on these areas, without awareness of the territorial reality, without informing or socializing the actors, or proposing relocation or land titling before the restriction which generated social unrest among the inhabitants.
The agreement 058 of 2018 was created to address this situation allowing the state lands located in those areas to be awarded to its occupants by means of rights of use.
Stimulus for land grabbing and deforestation in the Brazilian Amazon
1Imazon, Brazil; 2University of Wisconsin, United States of America
We assessed the impact in the Brazilian Amazon of a 2017 land law that reinforces a mechanism for acquiring land rights historically linked to deforestation, since land grabbers clear the forest to signal land occupation and claim land rights. In particular, we assessed two significant potential impacts: i) the loss of government revenue due to the sale of public land below market prices and ii) the risk of future deforestation in 29.2 million hectares allocated to expand land privatization. The short term revenue loss ranges from U$ 5 to 8 billion for 8.6 million hectares; the future revenue loss ranges from U$ 23 to 34.1 billion for 29.2 million hectares; and between 1.3 to 2 million hectares would risk being deforested until 2027. The Brazilian government should review the decision about this area allocation; prioritize land allocation for conservation and, if selling part of this area, charge market prices.
Allocation of public land and the terra legal regularization program in the Brazilian Amazon
1Universidade Estadual de Campinas; 2SERFAL, Brazil; 3GIZ, Brazil; 4Nexucs; 5GITEC-IGIP GmbH
The Terra Legal Program was established in 2009 to address the problems related to the large amount of unallocated federal public lands in the legal Amazon, mostly through land tenure regularization for rural and urban families and allocation of land for specific purposes of public interest.
Since its beginning, Terra Legal has been subject of criticism claiming that the program may promote land grabbing and land concentration on the hands of big landlords.
This article shows that the beneficiaries have in fact been primarily small-scale farmers, through regularization of their tenure situation, the creation of settlements and the creation of protected areas.
In addition, the article compares the rules and mechanisms for the allocation of federal public lands with those adopted by the Federal States, showing that the federal legislation (Laws 11.952 and 13.465) is in fact more robust and comprehensive than the legislation used by the state land institutes.
|2:00pm - 3:30pm||07-10: Using public lands as a catalyst for equitable development|
Location: MC 10-100
Session Chair: Devie Chilonga, Mnistry of Lands, housing and urban development, Malawi
La privatisation des terres collectives au Maroc: une voie de dynamisation du marché foncier agricole
Les terres collectives revêtent une grande importance dans la vie sociale et économique du pays mais leur potentiel agro-sylvo-pastoral n’est que partiellement valorisé, à cause principalement de leurs exploitations dans l’indivision par les ayants droit.
L’activité Foncier rural du programme financé par Millennium Challenge Corporation(MCC) vise à lutter contre la pauvreté à travers l’amélioration de la productivité agricole caractérisée par de faibles niveaux d’investissement et par la faible dynamique du marché foncier, conséquences directes de leur statut.
Le projet d’article propose de partager l’expérience du gouvernement du Maroc quant à l’approche adoptée dans le développement et la mise en œuvre de l’opération de privatisation de quelques terres collectives, tant dans ses dimensions de politique gouvernementale, par les réformes pensées et appliquées, que dans ses dimensions économiques, sociales et environnementales. Le tout est appuyé par la mise en place des mesures d’accompagnement pour assurer au mieux la réussite du projet.
Institutional reform of the public administration system and its effect on land administration (case study: Republic of Moldova)
Agency for Land Relations and Cadastre of the Republic of Moldova, Moldova
The public administration reform currently underway in Moldova covers all ministries, departments and agencies, including the central public authority for land administration, geodetic surveying and cadastre. Although the Agency for Land Relations and Cadastre (ALRC) has been established in particular on the World Bank’s recommendation as an optimal structure enabling integrated development of a number of economic segments and activity types to ensure effective land administration, it will be reorganized and its tasks to develop policies and strategies in the spheres it used to regulate will be allocated to several separate ministries.
The paper discusses and attempts to assess possible effects and consequences of the ALRC reorganization and its influence on further development of the real estate market and its infrastructure, on the quality and state of the multi-purpose real estate cadastre; it also presents the recommendations developed to improve the land administration system in the Republic of Moldova.
An examination of spatial planning impact on development of the agricultural land in Kosovo
1Ministry of Environment and Spatial Planning, Republic of Kosovo; 2Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, Kosovo
This paper aims to identify some of the main findings on the impact of spatial planning, towards the development of agricultural land as a national priority in Kosovo. The process of protection, regulation, and development of agricultural land through the use of spatial planning instruments is by no means new – in fact, the core idea of planning for future urban expansions and developments is based on the reasoning that key national and local resources necessitate an sustainable approach.
Agriculture has been a key national priority for Kosovo institutions in the last decade or so, taking into consideration that Kosovo’s population living in rural areas is about 62%. Though, the productivity in this sector is severely hampered by unclear land ownership, fragmented and inaccessible plots of land, and especially from the loss of prime agricultural land due to uncontrolled spatial developments.
|3:45pm - 5:15pm||08-10: Community empowerment to ensure a fair investor negotiations|
Location: MC 10-100
Session Chair: Lorenzo Cotula, IIED, United Kingdom
Legal empowerment in commercial agriculture: can small-scale producers secure their fair share?
IIED, United Kingdom
Increased private sector investment in commercial agriculture can create both risks and opportunities for rural livelihoods in low and middle-income countries. The ability of rural people to make informed choices, exercise rights and have their voices heard when dealing with the government or the private sector is a key factor in enabling investments that deliver positive sustainable development outcomes. Yet interactions between governments, agribusinesses and rural people usually involve major asymmetries in capacity, resources, influence and negotiating power.
This paper shares findings from the scoping study for a new project to empower rural producers in commercial agriculture. The paper examines the value chain relations that link small-scale rural producers, their organisations and their wider communities on the one hand, and agribusiness actors on the other. It also takes stock of experience with legal empowerment to support producers in their relations with agribusinesses and public authorities.
Innovative financing solutions for community support in the context of land investments
Columbia Center on Sustainable Investment, United States of America
As investor companies seek to use community lands and resources, affected communities often struggle to access the legal and technical support needed to protect their interests. Host governments rarely dedicate funding to community legal support and foundations and donors cannot meet the legal support needs of every affected community.
Where, then, might we find new sources of capital to finance community legal support? Who, apart from governments and institutional donors can help to meet this need? And what innovative solutions exist to mobilize and scale-up available resources to better meet the legal support needs of affected communities?
This paper explores these questions focusing on government marshaling of funds, independently administered basket funds, and the potential for impact investment. Other approaches, such as third party funding, crowd funding, and affordable user fees are also considered.
Rural development, dynamic political economy and social license: a case study in renewable energy project governance missteps and lessons learned.
Acorn International, LLC, United States of America
Extractive energy companies frequently rely on social performance elements—including impact assessment; stakeholder identification, analysis, and engagement; community social investments; consultative approaches to livelihood restoration and enhancement, etc.—as a means of establishing themselves as a ‘good neighbor’.
Alternative energy companies are increasingly looking to the experience of ‘traditional’ energy projects as they attempt to manage non-technical risks. Alternative energy sponsors may view their investments as ‘win-win’, offering economic opportunity—but also governance ‘gains’ associated with transparent implementation of good international practice social performance.
Yet project implementation is often far from straightforward; in some cases what is catalyzed by a new project is conflict, rather than innovation. Anticipating land-related governance challenges associated with developing country and agrarian contexts is far from a simple calculation. In this paper, the authors consider a recent solar power project in Nigeria, and present lessons learned regarding the difficult challenges and choices facing project investors.
Assessing community capacity to respond to external threats to land tenure
Namati, United States of America
In 2018 Namati undertook research to understand how communities who had completed community land protection efforts (drafting bylaws for responsible land governance and sustainable natural resources management, mapping community lands, etc.) responded when government officials, elites, and investors arrived seeking community lands. The central question explored was: “How do community land protection efforts effect communities’ tenure security, when faced with external threats to their land and natural resources claims? The study systematically gathered stories of community-outsider interactions from sixty communities across Mozambique, Uganda and Liberia, then analyzed the anecdotes as a coherent group. The findings indicate that although communities' experiences illustrated legal empowerment and commitment to good governance of their lands and natural resources, the communities had difficulty successfully advocating for their interests when potential investors were accompanied by powerful government officials and when significant economic benefits were promised.
|Date: Thursday, 28/Mar/2019|
|8:30am - 10:00am||09-10: Land administration: Cases from Africa|
Location: MC 10-100
Session Chair: Chris Penrose Buckley, DFID, United Kingdom
Appropriateness of land administration domain ontological model for the national land governance and the promotion of foreign investments
1ANCFCC, Morocco; 2IAV Hassan II, Morocco; 3IAV Hassan II, Morocco; 4ANCFCC, Morocco
Among the land and real estate sector shortcomings influencing the international direct investment is how to identify various land statuses and stakeholders, to secure the immovable property right and to share data concepts and relationships between them. One way to handle this is to set and adopt a comprehensive ontology model for the domain of land administration. This serves two major purposes: On the national level, land sub domains should be integrated and interoperable, namely state and non-state lands, land shaping and improvement, taxation. On the international level, foreigner investors in land, real estate and dependent economic sectors need good perception of the land administration domain and demand expert knowledge about its concepts as well as transparency in rules and procedures in force. This paper contributes in providing a knowledge ontology system and a land administration domain model to help in land governance and its promotion for international direct investment.
Scaling up the more systematic land certification method in Madagascar – issuing 106,000 land certificates in seven months
1Agriculture Growth and Land Management Project, Madagascar; 2Ministry of Land Management and Land Tenure, Madagascar
Madagascar maintains the priority to promote land tenure security by issuing land certificates. A grouped certification method has issued 106,000 land certificates in 7 months, the equivalent of 74% of the production since 2005. This action led by the CASEF project and the Decentralized Land Management Departement of Ministry of Land aims to establish 500 000 land certificates until 2021. It is expected that for the family farming, the security of the land incitates investment, facilitates the access to loan or contracts of market-oriented production, secures the transmission of rights, and allows to register secondary rights contracts, a source of access to land for the most vulnerable. For the Commune, land identification facilitates the extension of family farming and investments. Land database enable to manage taxation, source of financial means and incentive to update land information.
Indicators' assessment of Land Governance in Morocco: a preliminary study
1Institute of Agronomy and Veterinary Medecine, Morocco; 2Graduate Engineers, Morocco
Two institutions are governing land tenure system in Morocco. One is the abstract deed system to guaranty land ownership and land transactions. The second is the titling system based on Torrent principles. The Torrent system is sporadic, time consuming, and expensive. Many operators are facing challenges in terms of land market transactions and land rights management. The issues are linked to the diversity of the land regulations and the bureaucracy of many institutions. Indeed, it is necessary to assess land governance in Morocco. The LGAF tool as the basis of a highly participatory approach analyzing various dimensions of land governance in a systematic way was adopted to achieve this purpose. the goal behind is to identify good practices and build consensus on priority areas for land administration enhancement. The results of the analysis will enable stakeholders to address key governance gaps and elaborate a clear roadmap of improving land governance.
Land Sectoral Policy document: the ultimate challenge for efficient land governance.
D. R. CONGO Government, Congo, Democratic Republic of the
A sectoral Land Policy document is the place where the major options for land governance for a country are laid down, to guide the design and implementation of legislation. Despite its land's huge potential for economic development and community empowerment, the Democratic Republic of Congo has never designed a Land Policy document since the colonial period. The land existing land legislation has derived many of its principles from the colonial model, thus failing to address the societal evolution, the evolving economic competition over land as well as the need for sociocultural stability founded on land.
Through a challenging land reform process, the country is designing its first land policy document. What are the challenges for this crucial exercise, and what are its potential implications for improving land governance while addressing economic and social issues directly related to land ?
|10:30am - 12:00pm||10-10: Land administration: Cases from Africa|
Location: MC 10-100
Session Chair: Dominik Wellmann, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, Germany
From registration to sustainability: developments in Rwanda
Rwanda Land Management and Use Authority, Rwanda
This paper briefly review the national Land Tenure Regularisation programme which was implemented in several phases in Rwanda and how it was established and implemented and then it focus on the problems that arise post-LTR – setting up the nationwide systems to support transactions, informing and changing public behaviour so that they understand the need to register changes and discourage informal transactions. The big question is how to provide sustainable land administration and land use management that can be implemented in an affordable manner, yet meet the many diverse needs of the country and its citizens while promoting economic growth and social wellbeing. We focus in how Rwanda has tried to develop a sustainable approach, and what lessons can be drawn from this.
EDOGIS comes online, an evaluation
GIS/Transport, United States of America
An evaluation of Edo State Geographic Information Service (EDOGIS) is presented.
The governor of Edo State, Nigeria establishes a new land agency in early 2018, backed by an enabling law. A private company is awarded a Design, Built, Operate, Transfer contract to implement the agency. The new program is to be fully digital, fully automated and centered on an LIS / GIS / LAS networked system. A comprehensive, high resolution orthophoto imagery is employed in the program as well. The project also entails a fully renovated and environmentally controlled building, file tracking management, rigorous training and other international best practices. This paper is an evaluation at one year on of the successes and shortcomings of EDOGIS, and of contributing factors and lessons learned.
Piloting urban land systematic adjudication and registration in Ethiopia:
1Federal Urban Land and Landed Property Registry, and Information Agency, Ethiopia; 2IGN France International, France
The Government of Ethiopia has embarked on incremental land reforms. The 2011 Federal Urban Land Holding Proclamation No. 721/2011 provided a legal basis for leasehold and old possession. According to Proclamation No. 721/2011, land acquired before the introduction of the leasehold system is taken as old possession/permit-hold. Following the Urban Land Holding Proclamation, the Proclamation to Provide for Registration of Urban Landholding No. 818/2014 was passed in 2014 to mandate a common legal cadastre for all urban areas. The establishment of legal cadastre over urban areas aims to secure tenure for all urban land holds to bring good governance in urban land administration and enable the facilitation of investment and the operation of the real estate market. The realization of the objective of urban legal cadastre will probably take a decade or more, hence the program will be phased into at least three project phases.
The innovative national rural land administration information system of Ethiopia
1Hansa Luftbild AG, Germany; 2Ministry of Argriculture and Natual Resources, Ethiopia; 3NIRAS, Finland; 4IINTAPS, Ethiopia
The National Rural Land Administration System (NRLAIS) of Ethiopia was developed and implemented for the country’s Ministry of Agriculture to harmonize the rural land administration. The system was developed on the basis of free and open source software (FOSS) components, applies the ISO Land Administration Domain Model (LADM) standard and provides Open Geospatial Consortium compliant services. It stores all data, geometries and their associated textual information. The architecture is innovative and follows a modular “toolkit” approach. The system can easily be adapted for the different legal requirements of the Ethiopian regional states. It applies unique holding and parcel identification numbers. It represents all processes of the Ethiopian rural land administration which are carried out at the various administrative levels, from the central ministry to the district (woreda) level. The system also includes a mass registration solution for systematic land registration and a data migration tool to convert existing land records.
|2:00pm - 3:30pm||11-10: Land administration: Cases from Africa|
Location: MC 10-100
Session Chair: Anthony Burns, Land Equity International, Australia
Data conversion and integration in the implementation of national land information systems in Uganda and Tanzania
IGN FI, Uganda
IGN FI successfully implemented pilot projects to establish national land information systems in Uganda (2010- 2013) and Tanzania (2016-2018) and is in the final stages of implementing the roll-out of the National Land Information System (NLIS) in Uganda (2015-2020). A core component of each initiatives was the conversion of large volumes of spatial and non-spatial data from paper and analogue systems to digital format appropriate for integration into registration, cadastral, registration and administration systems. The paper and presentation will provide a detailed description of the secure, cost effective processes and methodologies developed by IGN FI to accurately convert and integrate data in strict accordance with the statutory requirements that exist in the two countries. The scale of the data conversion undertaken by IGN FI in these three projects represented an enormous administrative and logistical task and remains unprecedented in Africa.
National land information system as a catalyst for the greater integration of spatial data in Uganda
1Ministry of Lands, Housing and Urban Development (MLHUD), Republic of Uganda; 2IGN FI, Uganda
The implementation of the National Land Information System (NLIS) has proved a key and influential driver in the development of the National Spatial Data Infrastructure (NSDI) initiated by the Government of Uganda in 2001 and spearheaded by the National Planning Authority (NPA) since 2010. The objective of the NSDI is to provide a national infrastructure for access and use of geo-spatial information in decision making at local, regional and national levels for social economic development. While the political will to establish the NSDI has been strong and consistent, the implementation of the initiative has faced challenges associated with resources, capacity and administration. This paper will discuss how the NLIS Project implemented by the Ministry of Lands, Housing and Urban Development (MLHUD) with support of IGN FI and the World Bank has assisted in overcoming these challenges and provided a model for integration and interoperability for public service provision.
Implementation of an integrated land information management system (ILMIS) for Tanzania
1IGN FI, United Kingdom; 2Prime Minister's Office, The United Republic of Tanzania; 3Innola Solutions, United States of America
The Government of Tanzania is committed to land-related reforms and to economic and public sector change as a firm basis for development. In 2016, the Government of Tanzania through the Ministry of Lands, Housing and Human Settlements Development (MLHHSD) and funded by the World Bank, engaged a consortium led by IGN FI to implement a two-year project to design, supply, install and commission an Integrated Land Management Information System (ILMIS). Phase 1 of the project has been completed and is currently in the final maintenance stage before operationalization and scaling up to cover the rest of the country. Phase 1 included integration of all aspects of land management comprising the procedures of land allocation and registration involving Land Administration, Survey and Mapping, and the Registration of Titles (linked with Physical Planning and Property Valuation) managed in the Dar es Salaam Zonal Office.
The use of modified data capture tool for securing Land and resource rights for Customary tenure in Uganda
Ministry of Lands,Housing and Urban Development, Uganda
This paper presents the use of the Systematic Land Adjudication and Certification (SLAAC) application to support issuance of Certificates of Customary Ownership, Communal Land Associations and Freehold Titles. It is a collection of tools, procedures and infrastructure which assist the Ugandan Ministry of Lands, Housing and Urban Development in the data collection, mapping, and processing.
The objective of the SLAAC application is to increase the rate of Land registration or certification in the region, secure Land rights for vulnerable groups, increase productivity and use of the documented rights to contribute to improvement of social economic development in the country.
The tool is based on mobile tablets installed with Windows operating system and now being upgraded to Android operating system. The application is based on open source software running a Postgres/PostGIS database, Alfresco and QGIS software for mapping. The Orthophotos are used in digital format while conducting the demarcation of boundaries.
|Date: Friday, 29/Mar/2019|
|9:00am - 10:30am||12-06: National Land Observatories: a tool for transparency, accountability, and informed decision making over land for all|
Location: MC 10-100
National Land Observatories: a tool for transparency, accountability, and informed decision making over land for all
1CIRAD / International Land Coalition, Italy; 2CIRAD / International Land Coalition, Senegal; 3IPAR, Senegal; 4CIRAD / ISRA-BAME, Madagascar; 5CIRAD / Observatoire foncier Madagascar
Data regarding land governance is often considered "inaccurate", "incomplete", "biased". In order to overcome these shortcomings, national land observatories are being developed, as structures, on the one hand, of data collection, storage and management, and on the other hand, of production, analysis and reporting of information and knowledge. As such, as they are nationally managed and promoting an eco-system of data, land observatories are privileged instruments for reducing information asymmetries, promoting data transparency and accountability, supporting informed decision-making, strengthening debates on land tenure issues and promoting citizen participation in land governance.
This Master class aims at:
- Offering a detailed conceptual presentation on land observatories;
- Discussing the factors of success and sustainability of land observatories;
- Presentation of a practical case – the Senegal Land Observatory
Based on an extensive study of land observatories world-wide, this master class will combine conceptual presentations as well as practical examples.
|11:00am - 12:30pm||13-06: Enabling voices, demanding rights: A guide to gender-sensitive community engagement in large-scale land-based investment in agriculture|
Location: MC 10-100
Enabling voices, demanding rights: A guide to gender-sensitive community engagement in large-scale land-based investment in agriculture
1Oxfam International; 2International Institute for Sustainable Development, IISD, Switzerland
Oxfam jointly with International Institute for Sustainable Development (IISD) have developed a guide for influencing proactive meaningful community engagement and especially that of women to ensure social, economic and environmental costs and benefits of LSLBI in Agriculture benefit national economy of host countries, improve livelihood of local communities and promote women empowerment. The guide is distinguished from other existing guide in a number of ways. It is written from the perspective of concerns and interests of communities in African countries. Additionally, the guide recognizes and is deliberate it accommodates the right of women and communities to evaluate prospective LSLBI and provide or withhold their consent to the LSLBI or particular aspects of the LSLBI proceeding. The guide provides step, by step guidance on land governance, human rights and equity considerations of each stage of the LSLBI, with a focus on communities.
|1:30pm - 3:00pm||14-06: The East African community model contract for farmland investments: ensuring responsible investment in land in east africa.|
Location: MC 10-100
The East African community model contract for farmland investments: ensuring responsible investment in land in east africa.
1East African Community - EAC; 2International Institute for Sustainable Development - IISD, Mali
Large-scale land based investment in arable land has been rendered unpopular by a range of international NGOs and social movements who considered them as ‘land grabbing. True, the negative effect of such investment -that heightened local and national food security; deprives local people of their livelihoods and especially women- cannot be underestimated. But on another hand, land-based investments is seen for many host governments as a way to tackle poverty and enhance development in terms of providing the necessary capital and technological know-how for modernising the agricultural sector and particularly in escalating agribusiness and agro-industrialisation. The question then relies on how to conciliate these two contradictions? How to maximize the potential gain of foreign land investment while reducing its risks?