Author: Amrit Bhandari

On May 28, the UN Committee on World Food Security (CFS) marked the one-year anniversary of the endorsement of Voluntary Guidelines (VGs) for the Responsible Governance of Tenure of Land, Fisheries, and Forests in the Context of National Food Security with a meeting that aimed to keep alive the spirit of understanding, cooperation and partnership that existed during the negotiations of the Voluntary Guidelines. USAID Deputy Assistant Administrator for the Middle East Bureau, Elisabeth Kvitashvili, represented USAID at the event and encouraged CFS members and participants to recommit themselves to implement elements of the VGs that are most appropriate to their country context.

Ms. Kvitashvili congratulated the Food and Agriculture Organization of the UN (FAO) for becoming a focal point for implementation of the VGs – a process that is also supported by many countries and organizations through multilateral and bilateral program assistance. The U.S. Government (USG), through USAID and MCC, has 53 active land governance programs in 32 countries, representing a commitment of over $800 million. Ms. Kvitashvili also mentioned new opportunities to support and accelerate implementation of the VGs, noting that the recent Grow Africa Investment Forum featured a breakout session on land governance.

Ms. Kvitashvili also noted that, with participation from many civil society organizations, the private sector, multilateral institutions and more than 95 member states, the process by which the VGs were adopted was unprecedented in its transparency. The United States was happy to participate in development of the VGs, which according to Dr. Gregory Myers, USAID Division Chief, Land Tenure and Property Rights, “are one of the most important tools developed by stakeholders to strengthen land governance systems. The USG remains committed to supporting implementation.”

The full transcript of Ms. Kvitashvili’s remarks can be found here.

In Benin, food insecurity is evidenced in the height and weight deficiencies in 40% of children under age 5, the limited availability of farmland, and the lack of diverse produce options in markets. At the same time, where farming is possible, some families who move elsewhere leave fields in their home village unused in order to show their ownership. The Government of Benin introduced the rural landholding plan (Plan Foncier Rural or PFR) as a pilot project in 1993 to address these problems as well as their root cause: the lack of secure land tenure caused by Benin’s dual system of customary and statutory land rights.

In Benin, customary land rights have largely been inherited through male lineage and recognized by ceremonial acts rather than written documentation. Without formal proof such as titles or parcel maps, families have had to establish their ownership through keeping fields fallow, installing physical barriers (such as rocks, fences or trees), and prohibiting their tenants—who possess subordinate rights—from making improvements, planting trees, or using fertilizer. However, these strategies have not protected owners against speculators or state confiscation.

To strengthen the rights of rural landholders, the United States Government’s Millennium Challenge Corporation (MCC) and several European donors have funded the expansion of the PFR into nearly 400 villages, which will create their own plans for implementation. With support of MCC’s Benin Access to Land Project, the PFR will survey and map fields, recognize and document customary rights, record a list of landholders’ names, and archive land sale contracts and agreements of tenancy or subordinate use.

MCC’s Knowledge and Innovation Network (KIN) Journal reports that there is evidence that land proprietors are willing to lease their now-fallow lands. A series of impact evaluations have found an increase in: the use of written contracts, tree planting, engagement in village land management, and women’s farming. They also found that there may be some resistance to register documents either because of high fees or a desire to hide the transaction from official oversight.

Where landholdings are documented, Benin law grants owners the right to use land as collateral for a loan. USAID research has found that when land governance systems effectively protect rights in this way, people make a variety of forward-looking investments because they are more confident that they will capture returns on their efforts.

A number of recent articles highlight the importance of strengthening property rights for Indigenous Populations (IP). In Botswana, the government’s attempts to relocate indigenous San (or Basarwa) populations continue to spark heated debate as well as lawsuits. In Nicaragua, indigenous communities are demanding action to halt illegal logging and encroachment by settlers. In Brazil, frustrated indigenous populations have stormed congress and occupied cattle ranches and dam sites.

As we noted in a previous commentary, indigenous populations’ rights to land and natural resources are often contested by dominant society groups. In many countries, rising population pressure and the expansion of agriculture and infrastructure can create competing demands for indigenous territories and the valuable resources often contained in indigenous territories.

Policy makers seeking to improve the livelihoods IP and reduce land-related conflict should consider the this research paper: Tenure and Indigenous Peoples: The Importance of Self-Determination, Territory, and Rights to Land and Other Natural Resources, which contains recommendations for strengthening land and resource rights of IP.

A recent article published by the Center for International Forestry Research (CIFOR) highlights the challenge of promoting forest management in areas that lack secure property rights, and the growing recognition that community forests need to be protected by the inhabitants themselves. Until inhabitants are secure in their right to the land and able to benefit from it, individuals will continue their rush to extract resources as quickly as possible for maximum personal benefit. With an estimated 80% of Sub-Saharan Africa lacking secure tenure, we may well witness the tragedy of the commons on a massive scale.

Developing country governments have shown an increased interest in preserving their forests since the emergence of the REDD+ mechanism. Reducing Emissions from Deforestation and forest Degradation (REDD+) is an international mechanism to increase forest-based carbon sequestration by providing developing countries with financial incentives to protect and better manage their forest carbon stocks. A continued challenge has been the question of how to ensure that local communities that occupy these forests, yet lack formal tenure, can benefit from REDD+.

Ghana’s complex land administration framework includes a statutory system of land rights alongside traditional approaches that are legally recognized, but which fail to define boundaries between customary groups. These largely undocumented rights in traditional areas do not ensure clear land tenure security or the sharing of forest benefits, which has contributed to the country having one of the highest deforestation rates in the world, according to the Rainforest Alliance. In contrast, CIFOR’s article notes an interesting case in Cameroon, in which traditional leaders have extensive control over their forest resources, and have implemented their own patrols to keep illegal loggers out and promote conservation from within. It is expected, but yet to be proven conclusively that greater ownership rights and benefit sharing within customary communities can lead to improved forest management.

The land tenure and property rights portal features additional research on climate change, property rights, & resource governance.

Also, see USAID’s Forest Carbon Rights Guidebook: A Tool for Framing Legal Rights to Carbon Benefits Generated through Redd+ Programming.

According to a new research report from the Enough Project, there is a brief open window for peace to take root in the Democratic Republic of the Congo (DRC). The DRC conflict, which has lasted for over two decades, has left more than 6 million people dead, displaced countless others within DRC and throughout the region, and has led to trans-boundary regional conflict. The report recommends that the keys to forming a credible peace process include: 1) incentives for DRC and its neighbors to cooperate on economic, security, and refugee issues; 2) institutional reforms that allow for democratic transformation; and 3) repercussions for those who have committed mass atrocities.

The report’s authors point out that governments in the region sponsored armed groups to extract or control natural resources such as land, minerals, and smuggling routes. It recommends that land conflicts must be resolved as part of the national democratic reform process; “Armed groups are taking over large tracts of land in eastern Congo, displacing more than 2 million people. Congolese military commanders and militia leaders have set up cattle ranches and other businesses on these properties. Some of them occupy the land as squatters, and others obtained titles to land from successive national governments… A land commission should be set up, investigations should be conducted on land titling, the national land law should be reviewed, and land-reform proposals should be discussed in a national dialogue.”

The Dodd-Frank Act passed by the U.S. Congress in 2010 included a provision that requires U.S. companies to examine their product supply chain for the presence of conflict minerals. As a result, says the report, “Armed groups’ profits from these minerals are now significantly lower than their pre-2010 levels, which was the high point for smuggling.” The Inter Press Service News Agency reports that there are new opportunities for the United States government to address mounting conflicts in the DRC. The U.S. House of Representatives will soon consider a bipartisan bill to support a peace deal in DRC, including the creation of a special envoy from the president to the DRC and the surrounding Great Lakes region. In addition, policy makers can also draw on the Voluntary Guidelines for the Responsible Governance of Tenure of Land, Fisheries, and Forests in the Context of National Food Security as a tool.

The Land Tenure and Property Rights portal features research on land tenure in DRC as well as research on land tenure and vulnerable populations, including populations that have been displaced by war or civil conflict.

Karol Boudreaux has recently penned this article, Addressing Land Rights Can Make Social Change Possible for the Guardian. USAID is delighted to see an important foundation taking a public and carefully articulated stand on this vital development subject. Ms. Boudreaux correctly notes “The challenge is to expand people’s opportunity to improve their lives by securing their property rights.” This is indeed one of the most fundamental objectives in addressing challenges related to property rights.

“While the right itself is important, what you can do with the right is perhaps more so,” says Dr. Gregory Myers, USAID Division Chief, Land Tenure and Property Rights. “Rights allow you to make more decisions about what you want to do with your assets. Strong rights allow you to take risks, be more entrepreneurial, or withdraw when risks are determined to be too high.” While these rights generate economic and social gains across all segments of society, stronger property rights greatly benefit one vulnerable group in particular: women. Stronger property rights allows women to control assets upon divorce or death of a spouse, exclude men and brothers who might take land from them, and leverage assets for access to investment to increase productivity. As Ms. Boudreaux’s article points out, USAID and its partner Landesa are piloting an innovating model for improving women’s access to customary justice, particularly related to women’s land rights in Kenya.

For a more robust discussion on women and property rights, see this paper from USAID.

The New York Times reported that Greece’s land administration system is a major impediment to economic growth. After a history of occupations, wars, and shifting population centers, less than 7 percent of the country has been properly mapped, while most land transaction records are handwritten and lack clear boundaries or zoning. Property ownership is often unclear, especially in rural areas, and that has led to competing claims for property and a backlog of court cases.

According to the article, “As Greece tries to claw its way out of an economic crisis of historic proportions, one that has left 60 percent of young people without jobs, many experts cite the lack of a proper land registry as one of the biggest impediments to progress. It scares off foreign investors; makes it hard for the state to privatize its assets, as it has promised to do in exchange for bailout money; and makes it virtually impossible to collect property taxes.”

USAID recognizes that clear, secure, and negotiable rights to land and resources are an essential foundation for trade and a key component of a growth-friendly enabling environment.

The vast majority of Liberian citizens – those living in rural communities – are on a path toward having customary land ownership rights recognized for the first time in Liberia’s history. A major milestone in Liberia’s lengthy land tenure reform process was reached on May 21 when the Liberian Land Commission presented President Ellen Johnson Sirleaf with the country’s first-ever Land Rights Policy, which defines Public Land, Government Land, Customary Land, and Private Land, as well as Protected Areas that will be conserved for the benefit of all Liberians.

The Land Rights Policy recognizes that “practice has become the law and policy, rather than the law and policy guiding the practice.” The formulation of the Land Rights Policy was guided by the following principles: secure land rights, economic growth, equitable benefits, equal access, equal protection, environmental protection, clarity, participation and evidence-based. Most significantly, the policy aims to address historic inequalities by recommending that customary lands are given protection equal to that of private lands.

Although the country emerged from a 14-year civil war in 2003, disputes over land and resource rights remain a source of potential conflict. In her remarks at the public ceremony, President Sirleaf said, “By clearly defining the various categories of land and accompanying rights and responsibilities, the Policy will assist in the development of appropriate legal mechanisms and procedures for the resolution of the numerous contentious land disputes.”

According to the new policy, since 1824, “the Government of Liberia has treated all land that is not deeded as public,” regardless of occupancy, historic use, or intended use. As a result, rural communities have often been displaced and dispossessed of their lands while companies were awarded timber, mining and agricultural concessions. The physical occupants of the land were left without a stake in the negotiation process and without the ability to benefit from the proceeds. According to Frank Pichel, Land Tenure and Property Rights Specialist at USAID, “The Liberian land governance system had been largely limited to the urban elite who could access the formal system. With the new land policy, property rights will finally be available to all Liberians.”

True to its principle of participation, the policy was developed through a broad two-year nationwide consultation process that gathered the views of Liberians in every county, including youth and women, the private sector, and international partners. USAID’s Land Policy and Institutional Support (LPIS) Project, which is funded through a Millennium Challenge Corporation Threshold Program and implemented by Tetra Tech with support from Landesa and Thomson Reuters, supported the development of the Land Rights Policy through research on customary tenure and women’s property rights, support to the consultative process and technical support to the Liberian Land Commission.

While finalization of the draft land policy is an important achievement, making improved land governance a reality for all Liberians will require additional measures and political will. As President Sirleaf stated at the National Validation Conference, implementation of the policy will require laws to be changed or repealed, institutions to be restructured, and the public to be educated. Speaking to the assembled delegates from all 15 Liberian counties, she said, “As we try to right the historical wrong, we must all be prepared to be a part of this process, to work for this change, to support the reform process that has brought us to where we are and to make sure that this new Liberia, of which we all speak and which we all want, indeed will ensure the rights to private land, to public land, to government land, and to community land.” The policy will next move to the Land Rights Legal Drafting Team, which will draft laws to send to the Executive and Legislature.

On May 17, Liberian President and Nobel Peace Prize winner Ellen Johnson Sirleaf will discuss her administration’s goals, her perspective on land rights and land tenure security, and some of the challenges facing Liberia at a Thomson Reuters Newsmaker in Washington DC. A live stream of the event will be available at 2:30 p.m. EDT on May 17.

Land tenure and resource rights are critical issues in Liberia, which emerged from a 14-year civil war in 2003, and where land rights remain a source of conflict. President Sirleaf has acknowledged the importance of improving land and resource governance and made it a priority for her administration. In her annual message to the national legislature in January, she said “the administration and management of land and governance of our natural resources continue to pose major challenges and will become one of our principal areas of concentration during 2013.”

USAID and the Millennium Challenge Corporation (MCC), along with partner organization Thomson Reuters, have supported President Sirleaf and the Government of Liberia’s efforts to address land tenure and resource rights through the Liberian Land Policy and Institutional Support (LPIS) project. Through an inclusive and participatory process, LPIS helped develop a National Land Policy that recognizes customary property rights, and also developed a roadmap for the creation of a new land administration entity. While these achievements are notable, much remains to be done. Liberia has a complex land rights environment and the country’s infrastructure and government capacity were weakened by the prolonged civil war. According to Frank Pichel, Land Tenure and Property Rights Specialist, USAID, “President Sirleaf has recognized and prioritized the critical need for reform within land administration, and with the help of leadership at the Land Commission and the Deed Registry, has made significant strides over the last three years.”

As co-chair of the U.N. Secretariat’s High-Level Panel on the post-2015 Global Development Framework agenda, President Sirleaf is playing a leadership role in the development of the post-2015 Millennium Development Goals (MDGs). “We hope that President Sirleaf will take note of the growing support for the inclusion of a land governance indicator that could measure progress towards improved land rights for both women and men in the post-2015 MDGs,” said Dr. Gregory Myers, USAID Division Chief, Land Tenure and Property Rights. As we noted in a previous commentary, comparable land governance indicators would also help document and assess the status of land governance, identify priority areas for improvement, and measure progress over time.

Learn more about land tenure and resource rights in Liberia.

Jonathan White, writing for German Marshal Fund, discusses the New Alliance for Food Security and Nutrition in the context of “Enlightened Capitalism.” Launched in 2012, the New Alliance seeks to lift 50 million people out of poverty in ten years by aligning local country plans, private sector investments, and G8 government commitments behind agriculture and nutrition in Africa. White notes that country ownership and public-private partnerships (PPP) are key to achieving the objectives of the New Alliance.

Overseas Direct Assistance (ODA) rose nearly three-fold in the New Alliance countries from 2000 to 2010, White notes. Public-private partnerships create an opportunity to link development assistance with private investment to achieve larger, more inclusive and broad-based development goals.

Work in Malawi, Ethiopia and Tanzania reveals that PPPs can connect smallholder farmers to markets, through for example, contract farming and benefit sharing models. USAID has advocated these types of models for many years; however, the key to success in the PPPs is the property rights that each partner holds, which in turn dictates who has a seat at the table during the negotiations over benefit sharing. USAID’s new Land Administration to Nurture Development (LAND) program in Ethiopia will push the boundaries of this model even further by securing the property rights of pastoral communities and linking them to private commercial abattoirs.

White correctly notes that each of the existing New Alliance “Cooperation Frameworks,” include commitments to address policy constraints, including for land and gender. In fact, he goes on to say that “Land governance is the weakest link in New Alliance country ownership, potentially threatening support for private sector engagement, and requires prioritizing the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, and the Principles for Responsible Agricultural Investment.”

Dr. Gregory Myers, USAID Division Chief, Land Tenure and Property Rights says, “It is for this reason that G8 countries, under U.S. leadership in 2012 and under U.K. leadership in 2013 are supporting implementation of the Voluntary Guidelines, including increased transparency in land transactions. Doing so, will create conditions fostering private sector investment for all producers—local smallholders to large scale commercial farms—thus lifting millions from poverty.”

In his conclusions, White argues that for the New Alliance to succeed each partner needs to continue to build trust. Governments need to support “transport, electricity, water, telecommunications, and physical storage, providing stable regulation and property rights…, contributing to research and extension services, and facilitating trade through customs reforms and compliance with international standards.” Governments also need to reduce interference in markets. The private sector needs to focus on creating greater transparency, including in land transactions. White notes that the “mutual accountability” built into the New Alliance Frameworks could also help build greater trust between private and public sector actors.