Lecture 4.ppt
- 1. Land Reform Design Procedures Steps of Land Reform design 1. Situation analysis: ◦ Land and natural resources and key Development challenge 2. Analysis of Policy, Legislation and Institutional Framework 3. Analysis of Opportunities for Changes in Land Reform 4. Analyzing Adequacy, Affordability and Sustainability of Interventions
- 2. 1.Situation analysis: It starts with the analysis of land and natural resources and key development challenges Situation analysis includes activities like ◦ identification of the main land issues in terms of forms of land tenure, mechanisms for land access, structure of land ownership and land holding, ◦ responsibilities for land management and management of the associated rights, ◦ proportion of land subject to formal title deed and registration, ◦ public land ownership, and ◦ the development of land markets.
- 3. 2. Analysis of Policy, Legislation and Institutional Framework Analysis of Policy and Legislative Framework This includes analysis of the national land policy, content and process: Questions like ◦ Has the government formulated a land policy and strategy to reform land tenure and natural resource management? ◦ If so, have environment, gender, HIV/AIDS issues and their impact on social relations and agriculture, been taken into account in the design of the policy? ◦ Has due account been taken of indigenous peoples’
- 4. Cont…… ◦ Was the policy design participatory? ◦ Have different groups, in particular women, been consulted? ◦ Where they part of the formal consultation process (e.g. the Commission of Enquiry)? ◦ Are people (particularly in rural areas) aware of and informed about the content of the new policy? ◦ Is it broadly accepted across society? ◦ Have the views of minorities and marginal groups been requested? ◦ Are they reflected in the policy?
- 5. Cont… Land and development strategies: How does tenure policy link to other broad development policies and strategies, such as development policy, poverty reduction strategies, policies on gender equality, agricultural policy and land use planning at local and regional levels? Is there a mechanism to achieve these linkages? Are there contradictions between land policies and other policies?
- 6. Cont…. Analysis of Institutional Framework ◦ Are responsibilities for carrying out land policy combined under one Ministry or distributed amongst various sectoral Ministries? ◦ Which different sectoral ministries play a role in dealing with land issues and delivery of land related services? ◦ How are these powers exercised in practice? ◦ Are there a number of different specialist agencies responsible for e.g. land administration, survey, land use planning, urban and rural or other categories of land? ◦ How do the different land agencies relate to one another? ◦ Are the approaches taken by different parts of government coherent, or do they operate in contradiction?
- 7. Cont……. Land administration: ◦ How is the land tenure administrative system structured? ◦ What are the principal functions and activities undertaken? ◦ How effective and efficient are such bodies in practice? Can they respond to the needs of different kinds of land rights holder, in terms of accessibility, cost, appropriateness, etc.? ◦ What are the major limitations and problems experienced with the delivery of land administration services?
- 8. 3. Analysis of Opportunities for Changes in Land Reform The following opportunities: Ongoing reform processes: Is there currently any government project or process related to land policy, legal, institutional or tenure reform? Stakeholder participation: Are there processes of policy debate currently underway aimed at changing the way in which land tenure or other aspects of land policy are handled? What are the main issues emerging in the debate and what is being proposed to address them, in particular by government? Who is leading the process and what broader constituencies are involved? What role are national stakeholders playing in this process?
- 9. Cont…. Emerging pressures: ◦ What pressures are emerging from different social and economic groups regarding changes to land distribution, land tenure and administrative provisions? Political factors: ◦ How does the process of reforming land policy and legislation fit within the broader political context and associated timetable (electoral cycles, political tensions and conflicts, re-formulation of other major related strategies, etc.)? ◦ Does government promote or suppress debate and possibilities for change? Is the political climate favourable for achieving changes to land policy and interventions? Are land issues considered to be too sensitive politically and too loosely bound up with risks of conflict to accommodate change? Is the processed geared to strengthen access to and control over land to the most vulnerable groups?
- 10. Cont…… Government commitment: ◦ How far is the government is committed to achieveng significant changes in land policy, access, tenure and administration, and in favour of which social and political groups? ◦ Which political pressures are driving changes or, alternatively, hampering implementation of agreed measures? Donor support: ◦ What donor programmes or support measures are currently underway in the field of land tenure and administration? Available research: ◦ Has there been recent research carried out on land issues in the country? ◦ Is there any research on or analysis of the impacts of land reforms and policy change? Are there (national/international) researchers, consultants capable of providing relevant insights and expertise?
- 11. 4. Affordability and Sustainability of Land Interventions Economic Sustainability Analyzing the economic sustainability of the policy implies looking at the cost and benefits of implementing the reform ◦ What are the additional costs and benefits that the reform will generate? ◦ To what extent they can be sustained in the current macro-economic framework? How do they compare to the costs of not undertaking a reform? ◦ To what extent are constraints such as market failures in input/output marketing or the lack of infrastructure considered when assessing the productivity of land?
- 12. Cont……. Financial Sustainability: Analysis of financial sustainability deals with the cost of land reforms and the land administration system and the capacity for Government and users to cover the recurrent and investment costs incurred: ◦ Is the system proposed adequate to the needs of the users? Is there a demand for the “product”? ◦ What approach has the government adopted to cost recovery for land services? ◦ Is it affordable for the poor? ◦ In programs of land access or redistribution, is finance available for land acquisition or to provide compensation to land owners facing expropriation or compulsory purchase?
- 13. Cont….. To what extent can costs be recovered? How is government dealing with taxation of land? Is government addressing problems of corruption and rent seeking in land administration land reform programmes, and any mismanagement of associated funds and revenues? When culprits are identified are they brought to justice? Are land agencies subject to regular independent audits of their accounts?
- 14. Cont…… Institutional Sustainability: A sound land policy requires appropriate institutions to ◦ enable and monitor its implementation, ◦ provide security to land users, allocate and deliver land rights, and provide services required to facilitate and record transactions ◦ regulate land use and ◦ act as a honest broker in the case of conflicts. The implementation of land policy must often rely on local institutions and reinforce their role to ensure beneficiaries’ participation in the management of land rights.
- 15. Cont…… Analysis of social Sustainability land reform can have massive impact on social relations both at the level of the communities (by modifying relations amongst land users, between land owners and workers or tenants, and between traditional rulers, national/local administrations and individuals) and at the level of the household (by modifying relations between men and women or between generations). ◦ To what extent the reform process allows to bridge the gap between legacy, legitimacy and practices? ◦ Does it provide for a gradual transition from traditional tenure to private ownership? ◦ How will the provision of the law secure the rights of the poor? ◦ Will the land policy reform effectively rule out forced evictions? ◦ Is the land policy reform sufficient to effectively protect the land rights of vulnerable groups from threats by third parties?
- 16. Cont…. To what extent the reform process allows to overcome landlessness? How does the land policy take into account the specific needs of women? Are women allowed to own land and acquire a title? Are they consulted on the content and involved in the implementation of the reform? Are informally determined secondary rights, on which many women and poor households depend, protected or not? Are indicators and data collection disaggregated by gender? Does the reform respect the rights of ethnic minorities and indigenous peoples? Does the reform adequately cater for the needs of landless people and the poor?
- 17. Cont…. Environmental Sustainability Land reforms are powerful tools to improve natural resource management and reduce soil fertility decline. However, for land reforms to contribute meaningfully to improved natural resource management, objectives relating to environmental sustainability must be built into the reform programme from the start and the reform must be openly addressed. ◦ What measures have been taken to ensure that land reform will lead to a more sustainable use of natural resources? ◦ Has a Strategic Environmental Assessment been carried out?
- 18. Cont…….. ◦ Do land use regulations treat land productivity from an environmental point of view,(incorporating questions of soil fertility) as well as from an economic perspective? How does the government address illegal exploitation of natural resources on common land (e.g. forestry, fisheries)? Is existing legislation adequate and enforced? Have regional issues, such as the shared management of common resources between neighbouring countries, been discussed/addressed?
- 19. Cont…… Thank You