Antonio, Danilo

Augustinus, Clarissa

Bennett, Rohan

Hendriks, Bob

Liversage, Harold

Mabikke, Sam

Mkuwmbwa, Solomon

Zevenbergen, Jaap

English

University of Twente Research Information

PRO-POOR LAND RECORDATION TOOL: FINDINGS  AND CONSEQUENCES OF FOUR CASES FOR DESIGN ELEMENTSANNUAL WORLD BANK CONFERENCE                                                ON  LAND AND POVERTYMarch 2016BOB HENDRIKS, JAAP ZEVENBERGEN, ROHAN MARK BENNETTIN COOPERATION WITH: SOLOMON MKUMBWA, DANILO ANTONIO, SAM MABIKKE, CLARISSA AUGUSTINUS, HAROLD LIVERSAGEBackgroundFour casesMethodologyRefined Pro Poor Land Recordation Tool Some highlights of key findingsRecommendationsQuestions2012: Release GLTN  Pro-Poor Land Recordation Tool:  Design principles for establishing and maintaining land recordsfor a countries’ poorest peopleEGM 2012: Need for further refinement PPLRT, Including unpacking the broad notion of ‘community’2013-2015: Project GLTN Partnership for Land Tool DevelopmentPhase A: Conceptual reportPhase B: Case study analysisPhase C: Tool designKey objective: To create and/or strengthen systems of land documentation to protect the land tenure rights of the poor and the revenue streams linked to those rights when projects are implemented for increased agricultural production through commercialisationaffordability for state and citizensrecognition of complex layered rightsdelivery of preventive justicesporadic or systematic approachflexible spatial index maptransparent, inclusive, and equitablepolitical economymobilizationco-management of land recordscommon pool resources management• Selection of 4 cases by GLTN, in collaboration with IFAD• Cases with field visits of 3 to 5 days• Extract lessons learnt on design principles of the PPLRT by project staff, project beneficiaries and others (including community leaders, community members, project/investment managers, government staff) • Scope did not include in-depth studies on individual design principles and  implications on tenure security and poverty levels• ‘Living document’ Reformulation of 1 design element, addition of 1 design element, adding words to 8 design elements, keeping 1 design element unchangedRecordation of informal tenures is prominent through use of ‘halfway-documents’ such as: • Entry into database and documentationupon payment operations & maintenance fees for water supply• Keeping copies of application letters, minutes of meetings and receipts• Keeping shadow registries by communities or NGOs as temporary measure as long as formal systems are not yet fully establishedThe recognition of complex layered rights hints towards two categories of land interests, of which the second one remains ‘off the books’, even in innovative approaches (e.g. informal subleases or subdivisions) Despite (partial) formal/legal recognition of the right of inheritance for women, underlying cultural and legal gender biases remain persistentBoth citizen and state affordability remain an issue in the African cases, whereas Mexico has given strong financial support to the registration project and keeps a base budget to supply the base services for free Spatial index maps again were not an explicit goal in the investment related cases, but in all cases flexible approaches were trialled and partly appliedSpatial index maps again were not an explicit goal in the investment related cases, but in all cases flexible approaches were trialled and partly appliedDelivery of preventive justice never seems an explicit goal, whereas (alternative) dispute resolution is more clearly visibleMIS & VODP: Economic and social development objectives primaryFrequent and contentious land disputes and conflictsRecently initiated preventive justice practicesMWEDO:  ADR concurs better with pastoralist customs/traditionsCommunity Paralegals from perspective of land related legal issues rather than watchdogRAN: Presence legal advisor in important ejidoassembly meetings incl. co-signing of protocol.Legal advisor assists people (for free) in documenting decisions on land use rights, incl. who is intended heir, formal transfers, start privatisation procedure Courtesy: http://grassrootsgroup.org/2013/05/we-now-know-that-everyone-has-the-right-to-land-partnering-with-a-local-org-to-help-resolve-land-disputes/ID: 1234Holding: 5678A systematic political economy analysis was not executed by any of the four selected cases However, in all cases a more or less explicit individualisation drive played a strong role in the way the recordation was initiated, designed and implementedThis also makes such activities immediately part of a wider social, cultural and political debate, often surpassing the base goal of supplying tenure security to holders of any type of people-to-land relationship As a consequence local innovations in especially intergenerational transfer and peri-urbanisation sales are happening, often bypassing the policy or legal intentFurther, a push to go ‘all the way’ to the formal solutionexists that often ignores financial and capacity issues involved in subsequent formal transactions and updating of the formal solutionMobilization is influenced by the drivers for change, and tends to be easier when local land use change is imminent, than when land tenure change is (politically) suggested or socially long overdue However, at the same time, the increased pressure on the land in the former case complicates dialogue and negotiation of mutually agreeable solutionsVODP & MIS: differentiate between mobilization of entire local population for informing them and asking their consent on sizeable land use changes upon commencement projects and mobilization of farmers/plantation workers for stimulating participation and involvement in farmingMWEDO: Strategies for political buy-in from LG, traditional leaders, men as well as women, and prevention of elite capture through political leaders - Involve LGs as facilitators/partners and participation of LG officials in joint trainings- Approach and gain support from village leaders, who in turn gain support - Apply role model approach (with precursor and example males)- Allow for participation of everyone, both women and menCo-management in our four cases played out with a strong role for the official agencies, be it often their regional or even local representation   Really local, bottom-up records that government sector started to support were not evident in our casesNeed for awareness and sensitivity to risk of inherent biases towardsdominant paradigm of individualization of land tenure and PPLRT becoming inherently political itselfPPLRT to promote taking into account full range of possible pro-poor and gender sensitive land tenure systems in different contextsOngoing land use practices may pose challenges to pro-poor nature of land recordation and may require re-assessment of selection of ‘hot spots’ for interventionMIS : practices of considerable subleasingDue to contextual factors such as influencing market prices through brokerage by middle men and informal subdivision of plots caused by increasing population pressure RAN/ ejido system: similar issuesProblematic access to land for youth (long wait and no subdivision among siblings) and peri-urbanisation pressure (reduced interest in farming and land transfer for residential purposes to outsiders)PPLRT as a way to establish and maintain a system of land recordationPPLRT as a tool in between STDM (entry level) and Fit for Purpose (national level) Explore more bottom-up originated cases for further lessonsAdditional urban trajectoryDevelop ‘how to’ guides for country level implementationMany thanks.Questions.

Scaling up pro-poor land recordation:findings and consequences of four cases

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Scaling up pro-poor land recordation : findings and consequences of four cases + powerpoint

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