Tag Archives: land administration

Land and Post-Conflict Peacebuilding: A new global standard for land administration

by Douglas Batson

Douglas Batson joined the National Geospatial-Intelligence Agency (NGA) as a political geographer in 2004. He previously worked for the U.S. Geological Survey, the U.S. Department of Justice, and is now retired from the U.S. Army Reserve. Batson wrote on “Snow Leopards and Cadastres: Rare Sightings in Post-conflict Afghanistan” in Land and Post-Conflict Peacebuilding, and provides an update in this guest-posting.

My chapter in Part 3 of Land and Post-Conflict Peacebuilding begins with an overview of the challenges faced by U.S. and coalition forces in rebuilding Afghanistan during the 2000s, and specifically the need for a cadastral system that records the array of relationships between people and land. It also discusses the problems of refugee resettlement in the context of the post-war population explosion and the environmental destruction from decades of conflict. The discussion of secure tenure to land describes local initiatives including dispute resolution and management of land resources. It concludes by underscoring the potential of the Land Administration Domain Model (LADM) to record heretofore undocumentable, orally defined forms of customary land tenure.

Shortly after the completion of my chapter, the International Organization for Standardization (ISO) took up the LADM as a draft standard. I had the opportunity to advocate full adoption of the LADM as an ISO standard to the U.S. Federal Geographic Data Committee. This effort included addressing concerns about the cost of conforming 3,100 disparate U.S. county-level Land Administration Systems (LAS) to a new global standard. The LADM’s value, I argued, lies less in its utility for the U.S. homeland, than in its relevance for U.S. security, diplomacy, and development goals, in a context in which 75% of the world’s people-to-land relationships, or 4.5 billion cases worldwide, are not documented. This situation clearly invites land disputes, land grabbing, and violent conflict.

Continue reading

Advertisements

Draft Land Rights Policy Statement by the Land Commission of Liberia

by Caleb Stevens

Caleb Stevens is a John Snow Institute Liberia Fellow who works with the Republic of Liberia Land Commission

The Liberian Land Commission has just released a draft Land Rights Policy Statement for public consumption. It is the first such policy in Liberia’s history and creates four fundamental land tenure categories: Government Land, Public Land, Customary Land, and Private Land. In addition, it provides for Protected Areas across these categories to be conserved and managed for the benefit of all Liberians. The Policy also touches on issues of land management, use, and administration, with more detail to follow in separate Land Administration and Land Management Policies.

The document is still in draft form as consultations are getting underway, but you may access the Policy by clicking on this link (pdf).

Comments or questions are welcome; please submit them via email to landcommissionpolicy@gmail.com.

Empowering communities to document and protect their land claims: A solution to the global land grab?

by Rachael Knight

Rachael Knight is the Program Director of the Community Land Protection Program at Namati, a new global legal empowerment organization, and author of its recent report on community land titling. She previously served as Director of the International Development Law Organization’s (IDLO) Community Land Titling Initiative, working to document and protect the customary land rights of indigenous groups in Uganda, Liberia and Mozambique.

Community meeting in Uganda (photo credit Namati)

For billions of rural people, land is their greatest asset: the source of food and water, the site of their livelihoods, and the locus of history, culture, and community. Yet more than ever, rural land is in demand. In recent years, governments in Africa have been granting vast land concessions to foreign investors for agro-industrial enterprises and forestry and mineral exploitation. According to recent data, transactions covering at least 57,393,083 hectares of land have been granted or are under negotiation.  Often, governments grant concessions with the goal of stimulating development and strengthening the national economy. Yet such concessions are further exacerbating trends of growing land scarcity and weakening the land tenure security of rural communities.

Even when communities welcome private investment, they may not be consulted about the terms of the investment, properly compensated for their losses, or given a say in land management after the investment is launched. Alternatively, such investments may be undertaken in ways that lead to environmental degradation, human rights violations, loss of livelihoods, and inequity. In this context, protections for rural communities and their lands are urgently needed.

In some countries, national laws allow communities to register or title their lands as a whole and then manage their land according to local needs and interests. Such community land documentation processes – which document the perimeter of the community according to customary boundaries – are a low-cost, efficient and equitable way of protecting communities’ customary land claims. Community land documentation efforts not only protect large numbers of families’ lands at once, but also the the forests, water bodies, and grazing areas that rural communities depend on to survive and are often the first to be allocated to investors, claimed by elites, and appropriated for state development projects. Importantly, formal recognition of their customary land claims gives communities critical leverage in negotiations with potential investors.

However, because these laws transfer control over valuable lands and resources away from the state and into the hands of the community members themselves, governments have so far dragged their heels in implementing them. For example, in the 14 years since the passage of Uganda’s Land Act (1998), not one Ugandan community has yet gained title to its customary lands.

Continue reading

FAO global guidelines on tenure of land, forests and fisheries adopted

by Rhodri C. Williams

I’m not sure who comes out looking worse on this one, BBC or me. On BBC’s ledger sheet, I was intrigued to see a headline to the effect that the “UN adopts historic ‘land grab’ guidelines” – and even more intrigued to click on it and find no links, nor the barest reference to the sponsoring UN agency, the name of the guidelines or any other clear hints as to how I might set about reverse engineering my way to the actual text the article was about.

Lets stop for a second and consider what this says about how the UN is perceived. Would the BBC note the passage of an important policy in the US without once naming the responsible government ministry, the actual name of the policy or the URL where you could find the text? It must be distressing for UN employees to find their sprawling, diverse, and often bitterly divided institution still so easily written off as a monolith.

For my own part, I eventually managed to use the one direct quote in the BBC piece to find my way to a much more journalistically impressive effort by the Miami Herald. Which helped me to the realization that I had lost track of the process of adoption of the FAO’s new ‘Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security’, despite having blogged on them only a month ago.

In my own defense, I had reasonable grounds for confusion. Most of the buzz generated by the guidelines so far seems to come from their association with addressing the current phenomenon of large scale investments in land (more colloquially referred to as large scale land-grabbing). For instance, the BBC describes them flat out as “guidelines for rich countries buying land in developing nations”.

However, the FAO itself announces the guidelines in a much more nuanced manner that conforms to my own earlier understanding: although much of the “public debate has focused on the so-called ‘land-grabbing’ phenomenon,” this is only “one of the issues that are dealt with in these guidelines.” The press release notes that the new text “address a wide range of other issues” as well, many of them far more “entrenched” than land-grabbing.

In fact, the current guidelines appear to focus on the ‘supply side’ – what states experiencing outside investment can do to mitigate the conditions that leave their own populations exposed to its worst effects. Recommended measures such as recognition of customary rights, dispute resolution measures and managing urbanization are clearly directed toward the local authorities, and meant to confront destructive state practices such as the ongoing tendency to exploit post-colonial legacies in the form of ‘state land‘.

Meanwhile, behind all the noise (land grabbing sells, it seems), the FAO affirms that the separate and parallel process of developing guidelines for the ‘demand-side’ actors actually doing the investing in land remains on course:

For its part, the [FAO Committee on World Food Security] will next take a focused look at the issue of responsible agricultural investments in general. The body is currently planning a yearlong consultative process, to start in October, that could culminate in set of recommended principles for responsible investment in agriculture later in 2013.

In implementing the new guidelines, the FAO is banking on buy-in achieved in what was, by all accounts, an exemplary consultative process. It has also planned to engage in technical assistance and develop a series of technical handbooks designed to help countries adapt the guidelines to their local contexts. So more information – presumably along with a dose of confusion – to come.

Online books on land law in Africa

Just a brief announcement regarding a pair of very interesting online books from last year that are available for free download from the website of the Pretoria University Law Press. Both are edited by Robert Home and address the theme of African Land Law.

The first is a series of case-studies. While most take up development themes, the first two, by Patrick McAuslan and Geoffrey Payne, focus on post-conflict issues. In the case of McAuslan in particular, the analysis appears to further unpack development-based critiques of the Pinheiro Principles of the sort initially raised by the Overseas Development Institute.

The second book features a series of essays, including a discussion of the influence of Islamic Land Law in Africa by Siraj Sait, and several pieces on the trend toward recognition of indigenous peoples’ land rights, in contradiction to the post-colonial impulse to treat untitled land as the property of the state.

The need to move from recognition of such rights to implementation was recently highlighted by a report on Kenya by the Working Group on Indigenous Populations in Africa. According to reports earlier this month by the Nation and the Star, the report highlights not only Kenya’s failure to implement the findings of the African Commission of Human and People’s Rights in the Endorois case, but also ongoing land depredations that continue to threaten other minority groups in Kenya (as reported on earlier in TN here).

FAO Voluntary Guidelines on land, fisheries and forestry governance near approval

by Rhodri C. Williams

The Food and Agricultural Organization (FAO) has announced the recent conclusion of a lengthy negotiation process to shape a set of Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security. The resulting final draft will soon be published and is meant to be adopted at a special session of the body’s Committee on World Food Security (CFS) in mid-May. Afterwards, it is expected that the document will provide authoritative guidance to governments in drafting laws and policies in this area, with its legitimacy derived from the inclusiveness and extensiveness of the three year drafting process.

The scope of the voluntary guidelines is broad, and includes “promoting equal rights for women in securing title to land, creating transparent record-keeping systems that are accessible to the rural poor, and how to recognize and protect informal, traditional rights to land, forests and fisheries.” While numerous recent cases of abuse of state prerogatives over customarily held land demonstrate the needs for such guidelines, the experience of actors such as the International Development Law Organization (IDLO) counsels a degree of caution. As noted by the IDLO’s Erica Harper in these pages, prescriptive approaches to customary systems have tended to be counterproductive in the absence of an intimate understanding of local context:

…what works in a given country context is situation-specific and contingent upon a variety of factors, including inter alia, social norms, the presence and strength of a rule of law culture, socio-economic realities, and national and regional geopolitics. In order to make strategic decisions on what is likely to yield sustainable and positive impact, development practitioners need to possess in-depth knowledge of the target country, its people and its customary legal systems, as well as the theories and practicalities pertaining to legal development and customary justice programming.

At the same time, the scope of the new guidelines is limited in certain interesting respects. For instance, the FAO PR notes that they “come within the context of intensifying competition for land and other natural resources resulting from a variety of factors, including population growth, urbanization and large-scale purchases of farmland in the developing world by both overseas interests and domestic investors.” However, unlike the FAO, IFAD, UNCTAD and World Bank Principles for Agricultural Investment, the new guidelines provide only indirect guidance on addressing the ‘global land-rush‘.

In fact, the FAO has a separate drafting process underway to address large-scale land investment. As reported in TN last January, the FAO commissioned a project team to examine the issue of land tenure in the context of international investments in agriculture, developing recommendations for the High Level Panel of Experts on Food Security and Nutrition (HLPE) of the CFS. The issue had been discussed at a policy roundtable at the CFS’ 2010 session (contrast the erudite overview provided by ILC with the Quatar National Food Security Program’s impenetrable defense of responsible investment). With the issuance of a July 2011 report and further side-event discussion at the October 2011 CFS session, the process seems to be underway.

However, the foreword to the July 2011 report clarifies that the issue is to be handled in a separate standard-setting process, resulting in “the elaboration of principles for responsible investments in agriculture with due consideration to the framework of the Voluntary guidelines on the tenure of land, fisheries and forests.” Muddying the waters slightly, the FAO also cooperated with Transparency International to develop a December 2011 working paper on how corruption in the context of weak governance undermines both land access and development. As reported here in TN, pervasive corruption in transnational land investment may be the crucial damning factor that has swung development opinion against the practice in recent months. In its press release, however, FAO referenced the forthcoming voluntary guidelines as its response to bad governance practices without mentioning the expert group on international investments.

More broadly, the new FAO guidelines will provide new material for the ongoing debate over corporate social responsibility approaches to land and natural resource exploitation, as well as non-state actor abuses more broadly. Two years ago, Chris Huggins posed the basic question of whether the lengthy and uncertain route of punitive enforcement measures should be chosen over the more forthcoming but less tested route of voluntary compliance. This question arguably remains as debated today as it was then. However, it is worth noting that Peter Spiro recently waxed optimistic in Opinio Juris, raising the possibility that Apple’s recent accession to the Fair Labor Association standards and auditing process could be “the biggest thing ever to happen in the world of private, rights-related codes of conduct” and “a major test case for the efficacy and legitimacy of non-governmental rights regimes.” So, onward FAO, and let a thousand voluntary standards bloom!

Promoting equity through improved urban state land governance

by Shaun Williams

Shaun Williams is Land and Natural Resources Governance Adviser to the Justice for the Poor program of the World Bank.

In many emergent states, where significant proportions of property in de-colonized national territory is still held customarily, reform questions around immovable property and development often tend to be focused on rights issues within customary estates. However in these newer nations, state-owned land commonly includes the most economically valuable land, including significant areas of urban land, on which development pressure is high. This land was commonly first expropriated out of customary estates by colonial powers and then subsequently acquired by post independence states as part of a liberation ‘dividend’.

Most departing imperial powers evaded responsibility for restitution of colonial era dispossessions, as subsequently have post independent states, thereby protracting a significant source of much civil discontent.  Many new states have also been unable to overhaul the arcane land administration institutions they inherited, which were designed to service the land needs of long gone, colonial era, church and trading elites, thereby frustrating the configuration of the new elite coalitions of local entrepreneurs needed to accommodate the rapid urbanization they are all experiencing (UN-HABITAT has estimated that 30% of all Solomon Islanders and almost 40% of Vanuatu’ and Timor-Leste’ populations will be living in cities by 2030). As the legitimization, adjudication and enforcement of property rights is a core function of nation states, these failures in turn undermine wider state building projects.

More important perhaps, throughout the developing world poor governance of state land negatively impacts the poor materially. Mismanagement of state land results in loss of significant amounts of economic rent (because of the high value of state land) that could otherwise be spent on the public services or invested in the infrastructure upon which the poor depend. These foregone rents are frequently being captured by the patrons of sometimes corrupt administrators operating within highly discretionary and otherwise dysfunctional regulatory frameworks.

Indifferent management of state land clogs up land markets, notably urban immovable property markets where demand is high and supply is tight.  Poorly managed disposal of state property is equally unlikely to produce better outcomes. Warehousing by speculators of leases and concessions of state owned land, frequently acquired through opaque and uncompetitive allocations, further restricts supply, particularly of urban land, thereby inflating urban land prices and directly contributing to the unaffordability of city housing for both the poor families and low- to middle-income earners.

Recent evidence from Solomon Islands suggests that a reform focus on the governance of state land holdings, even if relatively small in area, can yield outsized benefits. In Solomon Islands, as much as 10 percent of GDP may be affected by how effectively urban state (referred to in the relevant Solomon Islands legislation as ‘public’) land is governed and the World Bank’s Justice for the Poor program, UN-HABITAT, and other partners are working to catalyze interagency coordination to move towards improve urban state land governance.

For more information please see the Justice for the Poor program Briefing Note Public Land Governance in Solomon Islands or the Justice for the Poor website.