Investment Can Benefit Communities With Secure Land Rights

Around the world competitive forces are driving a variety of investors to search for land for agriculture, for mineral exploration, for conservation, for biofuel production, etc. Investment in land is not per se bad. Development can bring important benefits to communities: new knowledge and skills, new connections to markets, in some cases employment, and perhaps other positive spillover benefits related to spending money in the local economy.

In countries with weaker property rights institutions, governments typically contract directly with investors to lease or sell land. This is legal so long as the government is the ultimate title holder to the land. But what is technically legal may lead to harm on the ground for people who lose traditional rights to land. Finding solutions that empower local communities to engage directly and in a meaningful way with investors should lead to more sustainable development outcomes. Here’s an example from Canada of how communities can engage more directly with investors when community-level property rights are secured with a credible government commitment. The government is providing the First Nation Haisla people the right to own land on the British Columbia coast line in an area that may become a shipment location for natural gas. The Haisla may, in turn, lease this land to investors who would build, manage, or otherwise invest in the shipment/transport facilities. Haisla chief councilor Ellis Ross says in this article: “We see land as an essential element in building a strong and sustainable economic future for the Haisla people.” Allowing communities to leverage their traditional land-based assets is an important component of sustainable economic development; one that USAID supports.

Reforms in Haiti Address Tenure Issues

In the aftermath of the January 2010 earthquake, land and property issues emerged as an area of significant concern in Haiti. Analyses in the weeks following the disaster warned that destruction of property records, massive population displacement and loss of life could contribute to opportunism, land grabbing, conflict and delayed resettlement—particularly in urban areas severely affected by the earthquake. Prior to the earthquake the situation in Haiti was complicated due to high levels of squatter settlements on both public and private land, a poorly operating land registration system, disparities in land ownership and high levels of informality. These conditions contributed to a general environment of tenure insecurity that impacted peoples’ land use decisions, including the types of investments made on the land and whether the land could be leased. As a result of this environment , much of the land in Haiti is fragmented and degraded, which has negatively affected the environment and food production.

In this context, it is welcome news to see that the Government of Haiti has recently launched a process of land reform aimed at clarifying land rights and ownership. The details are included a recent Haiti Libre blog post.

Impact of Land Rights on Girls’ Education

Here’s a short video (within the blog post) from Landesa that “connects the dots” between securing land rights and improving educational opportunities for girls. The connection may not be immediately clear so teasing out the links – which the blog does – is important:

“Sometimes land allows families to stop migrating and grow roots in a community. Other times a land title provides families with the proof of residency they need to enroll their child in school or obtain the tuition subsidy that makes school affordable. And often legal control over land is what allows families to start investing in their land to improve their income and their harvests and that is what pays school fees and buys school uniforms. And research has indicated that children whose parents – especially mothers – have secure rights to the land they farm, enroll in school earlier, have better educational outcomes and stay in school longer. Each extra year of primary school boosts a person’s future wages. Girls who finish primary school have fewer children, and healthier and better educated children.”

To learn more about women’s land and property rights see here.

Changes in Laos Land Policy

Is the government of Laos committed to shifting its land policy to enable greater local control? This story suggests that it is. The President of the National Assembly’s Committee on Economic Planning and Finance, Dr. Souvanhpheng Bouphanouvong, is quoted as saying: “For over a year, Lao has been undergoing a process of reviewing and revising various policies and legislation pertaining to land and natural resources. What we’ve learned from countries across the world is that by ensuring local peoples’ rights to the land they live and work on, we are opening the door for numerous other benefits for our country.” (emphasis added). Shifting meaningful control of resources and many of the benefits that derive from their use to local communities follows best practice, particularly when coupled with efforts to build the capacity of these communities. Here’s a link to a USAID-sponsored study that discuss the need for stronger local involvement in resource management in Laos. And for more information on land issues in the country see here.

Colombian President’s Approach May Help Ease Land Conflicts

A recent Poverty Matters post highlights some of the differences that mark the Santos regime in Colombia from that of his predecessor Alvaro Uribe. In some ways the two leaders share a vision for their country. The post puts it this way, both want to “attract foreign skills and investment to expand natural resource exports to pay for social investments.” But, author Jonathan Glennie points out that what distinguishes Santos is his decency and his willingness to embrace modernization. These can be difficult qualities for politicians who often respond to pressures from local interests to protect local (and perhaps less modern) production. Decency may mean giving way when those with less power and prestige face challenges to their homes and safety. In the latter case, the blog notes that the Santos government did not fight back when indigenous Nasa people expelled government troops who were battling FARC rebels from their lands. Property rights remain insecure and highly contested in Colombia but avoiding further fighting may be a sign of some small progress. Here is a photo essay.

Videos from the Strengthening Property Rights in Timor-Leste Project

A collection of videos from the USAID-funded Strengthening Property Rights in Timor-Leste program, known locally as “Ita Nia Rai” (“Our Land”). This program aims to strengthen and clarify property rights, including aiding government to develop implementing regulations for the land law (i.e., registration, taxation, valuation, expropriation, foreign ownership).

This 5-minute English video provides an overview of the how the land data collection process in Timor Leste will work. ‘Ita Nia Rai’ (‘Our Land’) is a 5-year initiative to provide support to the Government of Timor Leste

This 5-minute video showcases women’s participation in the national land claims collection process in Timor-Leste, with an emphasis on women’s constitutional right to own land.

This 5-minute video (Tetun with English subtitles) features information about land dispute resolution from Timor-Leste’s National Directorate of Land and Property, and the USAID-funded Strengthening Property Rights in Timor-Leste program, known locally as “Ita Nia Rai” (“Our Land”).

This short video in English provides a summary of the activities undertaken by USAID’s Strengthening Property Rights in Timor-Leste project (ITA NIA RAI) during its first year of activities.

This video shows actual footage of the land claims collection process in Timor-Leste (East Timor) and features interviews with claimants. Claims collection is underway as part of the ‘Ita Nia Rai’ (‘Our Land’) program, a five-year program funded by USAID and working with the national directorate for Land, Property and Cadastral Services (DNTPSC). Tetum with English subtitles.

Peaceful participation in support of land claims collection.

Everyone has the right to make a claim.

Husbands and wives making a joint claim.

Women’s right to participate in land claims collection.

Completed Projects

The list below includes projects funded and managed by both the Land Tenure and Resource Management Office, as well as USAID Missions and other operating units. This list includes programs and projects that wholly focused on strengthening tenure governance and property rights, as well as programs and projects with a broader focus on other issues, in which tenure and property rights activities were included.

Land Rights in China

Here’s a nicely done, interesting, and largely on-point, article from the Irish Times about the need to give Chinese farmers more secure rights to land. Right now, the reporter notes: “farmers lease their land for 30 years from their village collective, run by the local Communist Party, and they are allowed to own the crops they produce, but not the land.” Because they do not own the land farmers have a thinner bundle of legal rights than they otherwise would: they themselves may be able (or may not be able or likely need permission) to sub-lease lands and they cannot use land as collateral for commercial loans. Whether smallholder farmers would actually succeed at using land as collateral is a contentious issue: given how risky agriculture is, given than many plots will be small, distant from markets, and maybe not worth much, given transaction costs for banks, limited credit histories for farmers, social norms against dispossession, and the need to house families and informal businesses, many bankers and many farmers may find land as collateral just too risky a proposition. But the bigger point the article raises is right: clarifying and “thickening” ownership rights will shift incentives towards increased agricultural production and food security. As a number of southeast Asian nations struggle with transitions (Cambodia, Laos, Burma) China’s leadership on this front can play a hugely important role.

Postel Highlights Land Tenure Efforts in Colombia

In a USAID IMPACTblog post last week, Bureau of Economic Growth, Education and Environment Assistant Administrator Eric Postel shared his observations from a recent trip to South America. While in Cartegena, he heard about the Government of Colombia’s efforts – with the support of USAID’s technical assistance programs – to restitute land, formalize property and implement rural development as the country emerges from a long-running internal conflict. The Government of Colombia intends to resolve 360,000 land restitution cases in the next ten years, which would restore rightful ownership of land to many of Colombia’s 3.9 million officially-registered Internally Displaced Persons. In addition to its land restitution efforts, the Colombian Ministry of Agriculture and Rural Development is implementing an ambitious project to strengthen the land rights of smallholder farmers, indigenous, and Afro-Colombian communities by issuing formal titles guaranteeing individual and collective rights.

Postel concluded that “even modest amounts of assistance from the U.S. to the Colombian Government to support of land tenure programs help build peace and security in the country.”

New Publications on Climate Change, Carbon Rights, and Forest Governance

Policy makers and practitioners face significant governance challenges that must be addressed in order to achieve the successful long-term sequestration of carbon on forested lands. Identifying successful models for devolving authority over forests to local stakeholders, managing conflicting claims over forests and the underlying lands, and ensuring the participation of local stakeholders in decisions regarding the distribution and use of benefits derived from successful carbon sequestration are all important aspects of Deforestation and Forest Degradation as well as augmentation of existing carbon stocks (REDD+) efforts to mitigate global climate change.

Over the past year, the USAID Land Tenure and Property Rights Division has produced a series of reports that look at risks and opportunities for land tenure as it relates to REDD+; case studies on property rights issues related to forest carbon; and case studies on experiences with benefit-sharing from projects in a number of countries, including Mexico, Indonesia, Democratic Republic of the Congo, Tanzania, Nepal and Mozambique. We have also produced a guidebook about REDD+ and Carbon Rights and an Institutional Assessment Tool for Benefit Sharing under REDD+, both of which are intended to help USAID Mission staff and others better understand these complex issues and address them in relevant programming.

We invite you to download and use them and, as always, welcome your feedback, including recommendations for improvement or additional tools and methods. If you have any question about these or issues related to tenure, property rights, and climate change, please contact Peter Giampaoli of the Land Tenure and Property Rights Division.

REDD+ Overview and Property Rights
Land Tenure and REDD+: Risks to Property Rights and Opportunities for Economic Growth
International REDD+ Institutions and the Role of Land Tenure and Property Rights

Carbon Rights
REDD+ and Carbon Rights: Case Studies
REDD+ and Carbon Rights: Lessons from the Field
Forest Carbon Rights: A Tool for Framing Legal Rights to Carbon Benefits Generated Through REDD+ Programming

Devolution of Forest Rights
Devolution of Forest Rights and Sustainable Forest Management, Volume 1: A Review of Policies and Programs in 16 Developing Countries
Devolution of Forest Rights and Sustainable Forest Management, Volume 2: Case Studies

Sharing REDD+ benefits
Analysis of Institutional Mechanisms for Sharing REDD+ Benefits: Case Studies
Analysis of Institutional Mechanisms for Sharing REDD+ Benefits
Institutional Assessment Tool for Benefit Sharing Under REDD+