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61. Zimmermann, Willi: Facing the Challenge of Implementing a New Land Policy - Lessons Learned in the Context of International Co-operation Zimmermann, Willi Deutsche Gesellschaft für Technische
Zusammenarbeit - GTZ Tel.: +49 (6196) 791311 e-mail: willi.zimmermann@gtz.de ABSTRACT New national land policies are currently being prepared or implemented in most countries in Southern Africa and in many other countries where major political transition has taken place during the last decade. This paper focuses on the instruments needed and on management aspects for implementing such a challenging task based on democratic, socio-legal, economic and ecological principles. A clear conceptual and organisational framework is required to match new land-policy principles with the ownership structure and existing land use patterns. Selected legal instruments, instruments for participatory land readjustment, instruments for mediation and conflict resolution and instruments for cost-effective land administration are discussed. The proposed management structure for implementing the programme takes into consideration new organisational and partnership models between local, national and international stakeholders and between the public and private sector. Elements of promising actions within the framework of International Cooperation are presented. Special reference is made to cost/benefit and financial aspects of implementing the programme in order to safeguard a realistic and sustainable short-term and long-term impact. Options for capacity development at all levels are discussed, based on a new profile which sees land administrators, legal advisors and land readjustment specialists as qualified facilitators of difficult processes of change brought about by new land policies. PROGRESS IN LAND POLICY ORIENTATION Land policy reforms are usually part of a broader political and economic reform process. They can emerge as a consequence of
A national land policy is a framework of guidance based on long-term objectives and principles, but also showing the future path of development starting from the presently existing system. A national land policy designed for equity-led growth and sustainable development will incorporate the following principles: consideration of the principles of international conventions and summits of the UN-family concerning land matters (access to land resources, equity, poverty alleviation, gender orientation )
A national land policy based on such principles should work in an economically efficient, socially beneficial and ecologically sound fashion. It could contribute considerably to the appeal of the SADC members to the 1992 Earth Summit to "provide a new basis for a new deal for the majority of poor people and countries in order to secure and sustain our common future". Land policy models and visions regarding the aspired path are controversial and differ for various political systems and cultures. Ongoing discussions between all stakeholders are an integral part of the ongoing learning process. INHIBITING AND DRIVING FORCES IN LAND POLICY
To summarise, a new national land policy should avoid stabilising authoritarian practices in centralised governmental institutions and maintaining privileges in land ownership, but should promote equity-led growth, sustainable development, decentralisation and participation in all land-related matters. LAND POLICY INSTRUMENTS Development cooperation could assist in the identification of necessary instruments for reaching the objectives of the new land policy. The challenge is to further develop existing instruments, to adapt to local conditions and to identify the optimal and flexible mix of combinations of instruments which are affordable, efficient and effective. The following is an outline of the most important flexible land policy instruments:
PROMISING ACTIONS The Land Policy Map An integral part of the decision-making process on where to set priorities, how to optimise resources and how to implement the new land policy is the visualisation of specific indicators in the land policy map. It can be said that land agencies are generally data-rich but information-poor. The indicators visualised in the land policy map bridge the gap between data, information and the decision-making process. A framework for organising the decision-making process is the adapted OECD pressure-state-response (PSR) model, in which human activities are seen as producing Pressures which may affect the state of land matters to which societies then respond if the resultant changes are perceived to be undesirable. An example of land policy indicators is given below
Conflict management and land disputes All formal and informal forms of land conflict resolution should be strengthened in order to achieve equity and equality before the law and traditional rules. A considerable number of land problems and disputes can be directly traced to the non-participation of local communities and the ignorance of traditional rules. To enhance legitimacy and credibility of the approaches to resolve land conflicts the following points should be considered:
Institutional development Existing institutions and regulations are part of the problem and not of the solution to finding more equitable and efficient alternatives. The reform of centralised land agencies is fundamental for the success of the implementation of a new land policy. The reform would incorporate important issues like
Decentralisation and land policy implementation There is no substitute to an approach in which local governments, with the active participation of their people, take the initiative and responsibility for the actions conducive to their sustainable capacity development Some crucial items are important for successful decentralisation linked with land policy implementation
As a result of the trends towards decentralisation, democratisation and the liberalisation of the public sector there is a redefinition of the relationship between the state and society, particularly at the local level. New local partnership models like public/private partnership, market-oriented local associations and services and innovative forms of joint ventures have the potential to promote investment, expand the local capacity and increase productivity. Bridging the gap between indigenous knowledge and scientific knowledge Indigenous knowledge plays a fundamental role in all land matters. Scientific knowledge alone has not contributed sufficiently to the sustainable development of communities. Incorporating indigenous and scientific knowledge in land matters means integrating traditional information on primary and secondary rights as well as traditional classification systems on land utilisation. We must find the best way to process and visualise indigenous knowledge with information technology. Methods to be developed take into account information sensitivity and confidentiality (tribal landmarks, ancestral sites, indigenous place names, traditional information). Donor coordination The process of donor coordination is a fundamental task of the partner country and not of the donors alone. It is directly linked to the ownership principle of development processes. Sustainable reforms are only possible in the long run when they are partnership-driven and not donor-driven. The driving force must come from within the countries. A country can only afford ONE comprehensive land policy and not multiple donor-oriented policies. Multilateral and bilateral institutions in close cooperation with the national stakeholders of land matters can play a very active role in joining forces to implement the new land policy. Key issues to be considered are:
Coordination efforts alone are in general very ineffective. What is required is a new quality of international and local partnership, a culture of sharing efforts and information combined with effective commitments to contribute to equity-led growth in the SADC region. |
