Guiding Principles:
Land Tenure in Development Cooperation

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Orientierungsrahmen:
Bodenrecht und Bodenordnung

Deutsche Gesellschaft
für Technische Zusammenarbeit
Abt. 45 / Div. 45

 

Julia Eckert, Georg Elwert (1996):
Land Tenure in Uzbekistan

7. Suggestions for Development Co-operation

Representatives of the ministries expressed the need for expert consultation and training in the field of land taxation, land evaluation, land use planning and land use planning technologies, and the legal merging of land and water rights. Additionally, cadastre and register of real estate (Grundbuch) should be differentiated.

  1. Programmes to address the questions of land use planning and of the keeping of cadastres should be carried out at national as well as at regional and district level. On all levels different goals are predominant and different problems encountered. Each ask for their own consulting. Concerning the question of land use planning it is especially vital to built channels of communication between the different administrative levels and to institutionalise continuous communication. An important factor is that institutions like the Dehkhan-association and the Shirkat-association are included in the process of land use planning and its implementation. Only in this way the acceptance and participation of the people concerned can be ensured and breeches can be minimised; only in this way information about various local interests can be exchanged. The institutional framework of land use planning therefore has to be expanded.
    The taxation system should be evaluated as to its potentials in providing incentives for the local administration to co-operate in the reform process.
  2. The availability of information and explanation for the farmers is vital for the success of the land reform. There is a large degree of uncertainty and lack of information about the legal situation, about rights, duties, costs, about the meaning of certain terms (e.g. shareholdings). The current legal situation, specific rights, duties and costs should be made more transparent and assistance for application procedures and other bureaucratic activities could be offered. Assistance and extensive information services could be provided by the Dehkhan-associations and the Shirkat-associations. It is important that these services do not only address farmers who have already the status of a private farmer but also those who work as tenants, whether they want to apply for the founding of a private farm or not.
    As a specific measure, training in management and accounting should be made available for farmers.
    There is also no public communication, no debate about the reform beyond certain administrative units. Therefore no comparison is possible between different models or between the different successes. The media do report on new legislation and publishes the explanation of the experts in the ministries, but they are overtaxed with a discussion of the comparative consequences of certain measures. The discussion of the comparative advantages of parallel models, and a discussion about problems and difficulties encountered could serve the completion of the reform and remove obstacles.
  3. There is no interest group representing of the farmers. The Dehkhan-association and the Shirkat-association could play this role. The private farmers and the Shirkat farmers participate in them. So far, though, they play more of a controlling and supervising role rather than being a representation. As mentioned above, their chairmen are nominated by the Hokhim and are themselves not farmers but members of the administration. The associations would have to change their concept of purpose and their structure of decision-making.
  4. The local administrations should be part of an overall programme. Long term workshops could serve to change their perception of the land reform and to introduce incentives for co-operation.

Additional suggestions for development co-operation resulted from the workshop:

  • A sociological survey of the peasantry.
  • A study about the impact of different legal forms and about the impact of legal knowledge.
  • A study about the legitimacy of laws, that is their resonance in the population.
  • A study to investigate the relevant factors for the increase of agricultural production.
  • A pilot project: Legal information for farmers.
  • A pilot project: Legal training for Hokhims and other members of the local administration.