Guiding Principles:
Land Tenure in Development Cooperation

Orientierungsrahmen:
Bodenrecht und Bodenordnung

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

.Various groups are identifiable having differing interests in agrarian reform measures

Representatives of the government often do not believe that smallholders would be able to cultivate fertile land productively with modern methods. In addition, administrations are often dominated by large landowners (cf. 2.1.2). National governments also fear that if decentralization occurs too quickly, then the unity of the country may be threatened. Therefore, they attempt to assign as little responsibility as possible to the provincial and local levels with respect to land allocation and land management. In many countries no continuity in agrarian reforms is guaranteed due to the rapid changes in administrations. The implementation of the measures is often too much for the bureaucracy. Only strong administrations are in a position to put through unpopular measures. All of these complications make it more difficult to reach the original goals of agrarian reforms.

The local and regional governments are especially interested in having more power in the decision-making process and more financial autonomy. However, if governors of the provinces are appointed by the central government and the central government can also award land concessions in the province, then the actual influence of the local and regional governments remains very little. Key persons can gain personal benefits through their "gate-keeper" function.

"International capital" is comprised of a very heterogeneous mixture of sources, thus generalizations are not possible. Investors expect a coherent, transparent and market-friendly administrative and legal framework for their involvement. An uncertain legal status (duration of a lease and rights obtainable through legal action) may prevent foreign investments (e.g. in Mozambique).

The international donor community is also a very heterogeneous group that in general, has internal coordination problems. They consider land policy reforms to be an important goal in many countries (see Agenda 21, World Food Summit). At the same time, however, land tenure issues, especially the successful implementation of their objectives, is an extremely complicated and politically sensitive matter since they affect the basic rights and the sovereignty of partner countries. Bilateral donors have limited possibilities to influence, for example, policy dialogue on land reforms. Multilateral donors, such as the World Bank, for a long time strictly imposed their policy without giving space for a dialogue. A critical examination and a new evaluation thereof have been going on for the past two years in conjunction with the FAO and IFAD (Binswanger 1996).

Large landholdings may be either agricultural enterprises with a modern management or "haciendas" with vast partly fallow-lying estates. Efficient farms using modern technologies are interested in market-oriented institutions, promoted exports and low taxation. In other cases, owners are absentee landlords having only little interest in the cultivation of their land or any change of the status quo.

Commercial or progressive farmers are extremely interested in technological progress. They utilize governmental and private support institutions and they cultivate their land efficiently. The farmers are becoming increasingly engaged in the political representation of farmers, especially in Asia (members of parliament, founding of peasant/farmer associations) in order to influence agricultural policy to their benefit. The flexible adaptation strategy of their farms is supported by a dynamic land market.

The category of smallholdings is a very heterogeneous one. Smallholders have different interests concerning land markets and registration. There is the hill farmer who feels his land threatened by erosion; and the farmer in the Sahel region whose interests conflict with those of nomads. In the suburban areas there are highly specialized, successful exporting horticultural enterprises (i.e. cut flowers), whose existence is questioned by non-agricultural interests (transformation into land for construction). Finally, there are smallholders with a vanishing interest in farming. Usually smallholders lack the power to influence politics. Farmers´ organizations to put pressure on their objectives to enlarge their holdings are still missing in most places.

The category of tenants is a heterogeneous one too. It is necessary to distinguish between different forms of tenancy (e.g. sharetenancy, cash tenancy). Tenants are interested in high leasing security and a rent which is foreseeable. In many areas the tenancy relationship is not the only relationship between land owner and the tenant, but rather a bundle of relationships exist (e.g. credit, labor and loyalty services). Tenancy is usually neglected in the course of agrarian reforms.

The landless have high hopes for agrarian reforms. In the past years the number of landless has grown in rural areas. They often do not have any alternative employment possibilities other than as seasonal agricultural laborers. In Brazil the landless have shown that their organizational potential has grown, for instance with their march to Brasilia. Historically, most governments have omitted the landless in their agrarian reforms since they not only need land, but also working capital and equipment. In general, the administrations did not find themselves in a position to finance these.

Urban investors are interested in buying up land without being subject to many limitations. They use the land as a place for retiring in old age, as investment objects or for speculation purposes. In the process they are interested in deduction possibilities and non-taxation of land. They also purchase agricultural land as a financial investment; they invest in machines and irrigation and hire a market-oriented farm manager.

The number of NGOs has increased tremendously in the past years (for example, there are more than 100 NGOs in Mozambique), and they have become more influential in some countries (Bangladesh, Philippines and India). Amongst them are many church-affiliated NGOs. In general, they try to protect the rights of the smallholders and the landless. They also attempt to improve attention of the media to land tenure issues and at the same time offer financial, organizational and legal support for these groups. Many local NGOs are interwoven with the international NGOs and are involved in cooperative activities. The more effective the NGOs are, the stronger is the antagonism of the administration which can result in active oppression of these organizations.