GTZ - Land Tenure in Development Cooperation: Chapter 4.1.5

Guiding Principles: Land Tenure in Development Cooperation
Orientierungsrahmen: Bodenrecht und Bodenordnung		Deutsche Gesellschaft für Technische Zusammenarbeit Abt. 45 / Div. 45

4.1.5 Challenges and Fields of Action

The complexity of land tenure problems, the different aspects of the objectives of land policies and the wide use of available (or necessary) instruments illustrate the urgency with which the development cooperation is challenged in these working areas; thus, presenting them with an enormous task. Correspondingly, the necessary fields of action affect all areas of society and economic activities directly or indirectly.

Challenges for development cooperation

Development cooperation can contribute to the improvement of land policies. Family farms require other instruments in comparison with cooperative self-help groups, commercial large landholdings, plantations and state farms. While small family farms are strongly dependent upon instruments for legal security of land, access to credit or for the improvement of leasing conditions, large landholders, for example, are more likely to benefit from the limitations on land sales being lifted, so they could expand. Innovative cooperative forms in agriculture can hardly be further developed against the state.	Group-specific and gender-specific different effects of land policy
Development cooperation can make the dealing with land policy instruments in a more differentiated and cautious manner easier. However, in the ideal case, land registration is neutral with respect to the efficiency and distribution objectives though they can in fact lead to land concentration and expropriation of households with traditional and secondary rights through the use of strategic information and economic power. Thus, conflicts between efficiency and distribution are preprogrammed. Raising land taxes does not have to be distributionally neutral if large landholders can avoid progressive taxes by dividing their land among family members and the tax thus has a regressive effect as it burdens the (rural) poor the most.	Clarification of the conflict in objectives and undesired side-effects
Development cooperation should work very closely coordinating and cooperating with other donor organizations. Development cooperation must examine to which extent it should accompany and support the entire reform process individually based on the political intentions of the respective partner country. For example, the way the work in Tanzania of the "Commission of Inquiry into Land Matters" (Government of Tanzania 1994) was assisted by Scandinavian countries. This included the following amongst other things: Direct financial support of the "Land Commission's" work, Support of round table discussions, workshops, etc., Publication, dispersal and reflection of the results (Report of the Presidential Commission of Inquiry into Land Matters). Overview 9: Proposed place of land in the general state structure of Tanzania	Accompanying and supporting the reform process of land policy

The following matrix highlights the most important areas requiring action in land policies and suggests corresponding activities. It is preliminary in nature and can be supplemented.

Fields of action and activities

Challenges/Need for Action	Activities
1. Promotion of democratic development
1.1 Control of power
1.1.1 Participation in land matters	Consistently involve all those affected and their organizations in all decision-making processes
1.1.2 Reliable appeal authorities for settling land conflicts	Judicial and non-judicial authorities for appeal and procedures for providing legal security and for strengthening arbitration of conflicts
1.1.3 Creation of openness and transparency on land issues	Land law and land tenure information should be understandable in the local language Land register and cadastre should be accessible to the public In the case of the transfer of land public accessibility and transparency of prices should be created
1.1.4 Separation of powers (executive & legislative power)	Develop a comprehensive, consistent legal framework (constitution and laws providing the framework for further laws) Intensify policy dialogue
1.1.5 Separation of authorities for implementation and control (land administration & jurisdiction)	Develop consistent and practical regulations for implementation Create appropriate legal infrastructure on all levels
1.1.6 Creation of "Countervailing Power"	Strengthen land tenure-specific interest groups and representation on all levels Increase the inclusion of education and training Ease the access to the public and media
1.2 Secure political stability
1.2.1 Promote the democratically based ability of enforcement by the state	Strengthen the jurisdiction/administration on all levels Support the establishment of business schools/colleges Intensify the further education of judges and lawyers
1.2.2 State guarantee of the institution of property	Create an uniform understanding of ownership/ property and make the access to land for private groups and the state possible Create private and public legal spheres
1.2.3 Settle land conflicts between interest groups	Improve the efficiency of existing institutions Promote mediation of interests Develop a model for settling conflicts at the local level Promote land and agrarian reform where appropriate (including the rights of women)
1.3 Secure human rights
1.3.1 Promote the implementation of results of international conventions into national law	Intensify policy dialogue Include conditions based on international conventions in development cooporation
1.3.2 Secure basic rights such as freedom of assembly and the protection of minorities	Improve the access to land as an instrument in the fight against poverty (in agrarian societies) Secure the informal secondary rights of disadvantaged groups
2. Promote legal security
2.1 Create/reform systems of land tenure deserving confidence and acceptance
2.1.1 Advisory services for the creation of non-contradictory legal framework	Consider indigenous legal systems in formal legal judgements Determine clear expropriation and compensation regulations Limit user rights, e.g. for avoiding negative social and ecological effects
2.1.2 Exchange of international experience and advisory services for the formulation of a land policy	Demand that registration and documentation be obligatory Promote changes in agrarian structure Create interim regulations in the case of land reform and transformation
2.2 Unequivocal application of laws/implementation of land policy
2.2.1 Clear and unambiguous application of land/ resource legislation	Employ simple, practical procedures for registration
2.2.2 Transparency/ information on laws and ordinances	Make court decisions public (press and TV) Facilitate access to the land register
2.2.3 Non-governmental advisory services on land tenure	Promote the media and implement advisory service events for target groups Support NGOs and local counterparts
2.2.4 Mediation	Develop models for arbitration procedures at local level Conduct workshops/seminars for settling land conflicts between the persons involved
2.3 Integration of gender aspects
2.3.1 Advisory services for the formulation of land policy which is fair to both genders	Consider gender equality when creating laws and regulations Control, and if necessary, demand the implementation of gender-sensitive laws and programs (especially when privatizing and converting autochthonous structures)
3. Create/strengthen institutional structures
3.1 Implementation of laws and ordinances
3.1.1 Create suitable institutional structures	Promote efficient land administration Support those people involved with land management Implement coordination and control of measures
3.1.2 Create a technical infrastructure	Promote land administration Promote instruments for evolutionary change in agrarian structures and urban rehabilitation
3.2 Guidance of processes of reform and change
3.2.1 Advise decision makers on future options/ development paths and their consequences	Increase competence in the areas of land tenure systems by workshops, round table discussions, exchange of experiences, etc. Propose ways for results from international conventions to be applied nationally
3.2.2 Define laws for structural adjustment/interim regulations: rural vs. urban, traditional vs. modern, state vs. private, informal vs. formal	Define the new role of the government Initiate partnership models for public/private sectors Define interim regulations for reform processes Apply procedures for registration of informal property and land use claims
3.3 Control the misuse of power by the administration
3.3.1 Improve administrative, legal and technical competence	Implement education and training in administrative procedures, land taxation, land valuation, planning techniques, etc. Control the dealings of the administration Make decision-making processes transparent
3.4 Improve cooperation within the administration
3.4.1 Promote a cooperative atmosphere within the entire administration	Perform an organizational analysis Sensitize those affected to the need for change Fight corruption
3.4.2 Construct formal and informal management networks	Promote activities and agreements between institutions (e.g. through round table discussions, and agreements) Create public forum discussions
4. Promote subsidiarity
4.1 Define the new role of the government (overcome state failure)
4.1.1 Define the boundaries of the government's competence	Formulate the core responsibilities of the government at different levels
4.1.2 Overcome a one-sided centralized land policy	Conduct lobby work on the new role of the government Promote models of cooperation for the public/private sectors
4.2 Create efficient, lean, decentralized systems
4.2.1 Create and promote decentralized structures	Facilitate the cooperation between the local administration and autochthonous structures Support (greater) financial autonomy
5. Respect cultural identity
5.1 Strengthen indigenous communities
5.1.1 Systematic inclusion in land issues	Make culture-specific norms and values transparent and integrate them into promotional measures Initiate and promote representational forms of interests
5.2 Avoidance of the uncontemplated adoption of norms and values of others
5.2.1 Analyze the socio-cultural effectiveness of programs	monitor and evaluate the socio-cultural impact of land tenure development Integration of impact assessment in Monitoring and Evaluation
5.3 Acknowledgment of customary rights through state institutions
5.3.1 Step-wise adaptation and further development of autochthonous land tenure	Identify fundamental functions of autochthonous land tenure Define options for further development
5.3.2 Efficient linkages of new and traditional institutions	Secure scientific accompaniment Secure autochthonous claims and secondary rights at registration Guarantee external support by moderation/mediation Further develop instruments (e.g. PRA)
6. Create economic incentives
6.1 Generate a development potential
6.1.1 Identify obstacles specific to the development of land tenure	Examine political restrictions - impact analysis Examine the effectiveness of fiscal instruments Examine the effectiveness of instruments for structural improvements (agrarian structure, urban development)
6.1.2 Demonstrate and stimulate complementary agricultural/economic policy measures	Improve infrastructure, extension services, credit, etc. Propose ecologically and socially sound regional development Identify non-agricultural employment opportunities Reduce administrative obstacles for land transfer
6.1.3 Promote the dynamization of land markets	Create transparency of the land market
6.2 Establish long-term planning and investment security
6.2.1 Establish and guarantee unambiguous and transparent legal framework	Create regulations for contract security Create regulations for land to be used as collateral Promote reliability of governmental planning Promote accountability of the public sector Secure financing of governmental planning
6.2.2 Record rights of ownership and use	Secure registration and documentation of property rights
7. Guarantee social soundness and the link to poverty
7.1 Reduction of polarization due to unequal resource access and distribution
7.1.1 Identify the causes of tension and conflicts	More research on socio-cultural resolution of land conflicts (out of courts) Conduct socioeconomic studies and workshops on every level
7.1.2 Demarcate target areas and possible fields of action	Analyze potentials Examine agrarian reform and alternative options - agricultural and non-agricultural income options and land redistribution
7.2 Absorb detrimental distributional effects of divestiture and transformation
7.2.1 Design socially sound reform processes	Identify winners and losers Work out future scenarios
7.2.2 Identify and include particularly affected groups	Develop adapted transitional regulations Conduct an impact assessment (reduction of favoritism and guaranteed access for marginal groups)
8. Generate knowledge
8.1 Improvement of the capacity for problem solving
8.1.1 Improve the know-how for taking responsibility of the self-perception of the interests of local groups	Promote innovative approaches (participatory local rule making) Prepare and distribute materials in the local language Improve the acceptance of local regulations by government institutions Promote interest groups
8.2 Sensitize to land tenure relevance
8.2.1 Improve the knowledge of political decision makers and in development cooperation	Point out the possibilities and limitations of autochthonous regulations Support the willingness for land policy reform processes Become familiar with impact assessment in the case of land tenure changes
8.2.2 Improve the knowledge of the legislature and judges	Increase the sensitivity to autochthonous and modern land tenure Conceptualize and conduct training for the application of laws and regulations
8.2.3 Increase expert competency on the planning and implementation levels	Improve the specific capacity for developing methods, for the application of instruments and for quality control Establish a land register or other documentation system Point out options for land taxation and land valuation
8.2.4 Improve the education and training competency in the area of land tenure in partner countries	Further develop curricula for training institutions and universities Elaborate teaching materials and case studies Establish centers for documentation Conduct region-specific workshops Conceptualize and conduct training for local consultants Initiate national and international e-mail conferences
8.2.5 Improve education and training competency in the areas of land tenure and its systems in development cooperation	Guarantee complementary scientific support of projects/programs Establish an international network Promote the exchange of experiences Promote capacity development (workshops, etc.)
8.2.6 Support applied land tenure research	Strengthen the research capacity in partner countries Intensify international research cooperation
8.2.7 Promote the spread of knowledge	Distribute new teaching and informational materials (newsletter, internet) Build up networks for gaining and spreading information