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2. Global Importance of the Land Issue, Guidelines and Property Systems
2.1 Increase in the Explosive Nature of the Land Issue
Land tenure
problems are gaining in importance worldwide. The high population pressure, increase in
resource degradation, region-specific food shortages, transformation of political systems,
(violent) regional and supra-regional resource conflicts and "land grabbing" by the urban and rural elite as well as by the poor
have brought the land issue to the public's view.
Photo 1: The land issue in the
daily press |
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| Source: "The
Economist" |
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Many states
have given rise to uncertainty of the law through
their frequent, massive and erratic interventions in land tenure (taking into public
ownership, re-privatization) and important basic rights (family law, right of inheritance, water rights, etc.). In
many regions these uncertainties are even stronger due to an overlapping of autochthonous
and "modern" legal systems. A comprehensive legal system regulating the access
and use of land which is consistent and transparent and easy for every user to utilize
does not exist (with a few exceptions) in developing or transforming countries.
However, it should not be overlooked that only the government can take
measures to eliminate an unequal distribution of land,
especially in Latin America, but also in Asia; and, for example, only the government can
create a situation in which the notion of property includes the feeling of social
responsibility. |
The problem of
substantial state intervention |
Despite
increasing land conflicts and continual degradation of
land, the international development cooperation has neglected the land tenure issue too
long or accepted it as a fixed framework condition unable to be influenced. Land tenure
systems are fundamental for efficient, sustainable agricultural production, to stem
poverty and violence and for social equality. In addition, land tenure systems are basic
elements for securing the development process in a sustainable manner. Global and
region-specific issues differ and cause varying key problems. |
Neglect of land
tenure in development cooperation |
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