Land Tenure Journal 2 2015

This thematic issue addresses valuation and taxation as key elements in the administration of tenure in the Europe and Central Asia regions. It emphasises the core role of these elements in promoting broader social, economic, environmental and sustainable development objectives. It also highlights their role in effective financing of decentralized government levels and local provision of services and infrastructure. It is a compendium of good practices and lessons learned with respect to the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security.

This sociolegal study focuses on the political, legal and institutional problems and dilemmas of regulating land tenure. By studying the development of the Timorese formal land tenure system, this book engages in the larger debate about the role of state systems in addressing and aggravating social problems such as insecurity, poverty, inequality, destruction of nature, and cultural and social estrangement. Land tenure issues in Timor-Leste are complex and deeply shaped by the nation’s history. Taking an insider’s perspective based on the author’s experience in Timorese state administration, and through the investigation of five analytical themes –political environment, lawmaking, legal framework, institutional framework, and social relationships and practices– this book studies the development of the Timorese formal land tenure system from independence in 2002 to 2018. It shows how political, legal, and administrative decisions on land administration are made, what and who influences them, which problems and dilemmas emerge, and how the formal system works in practice. The result is a portrait of a young nation grappling with the enormous task of creating a land tenure system that can address the needs of its citizens in the wake of centuries of socio-political tumult and huge fluctuations in resources. The book concludes by highlighting the importance of lawmaking and how abuses of power can be curbed by adequate administrative processes and laws. Finally, it argues that land administration is primarily a political matter. The political dimension of technical solutions must be considered if we aim to achieve fairer formal land tenure systems. The pertinence of the topics covered, the multi-disciplinary perspective, and the research methodology followed make this book appealing to a variety of readers, including international organizations, practitioners, academics and students engaged in land administration, post-colonial and -conflict issues, lawmaking, rule of law, public administration and issues of access and exclusion.

This issue of the Land Tenure Journal includes a geographically and technically diverse range of papers covering Europe, Africa, and Asia. They cover a variety of different situations where land tenure plays a key role in improving food security and reducing poverty: from land consolidation as an alternative to compulsory land acquisition in Germany; to rural land markets and land concentration in Romania; to the impact of secured land rights on crop productivity in Pakistan; to customary land associations and sustainability issues in Papua New Guinea; to addressing land conflicts in the Democratic Republic of the Congo (DRC) through a Green Negotiated Territorial Development approach.

Land Tenure Journal is a successor to Land Reform, Land Settlement and Cooperatives, which was published between 1964 and 2009. It is a medium for the dissemination of quality information and diversified views on land and natural resources tenure, and aims to be a leading publication in the areas of land tenure, land policy and land reform. The prime beneficiaries of the journal are land administrators and professionals though it also allows room for relevant academic contributions and theoretical analyses. The electronic form of the journal will be sustained through the Open Journal System (OJS) interface. La Revue des questions foncières succède à la revue Réforme agraire, colonisations et coopératives agricoles, publiée par la FAO de 1964 à 2009. La Revue des questions foncières se veut une publication de pointe sur les questions relatives aux régimes fonciers, aux politiques foncières et à la réforme agraire. Elle s'adresse en premier lieu aux administrateurs de terres et aux professionnels du foncier, mais elle est également ouverte aux contributions universitaires et aux analyses théoriques pertinentes. La forme électronique de la revue sera gérée par l'intermédiaire du système informatique OJS (Open Journal System), librement accessible à tous. La Revista sobre tenencia de la tierra es la sucesora de Reforma agraria, colonización de la tierra y cooperativas, que se publicó entre 1964 y 2009. Se trata de un foro global para la promoción de los últimos conocimientos sobre la tenencia de la tierra, analizados desde un punto de vista técnico, económico y social. La Revista sobre tenencia de la tierra aspira a ser una publicación fundamental en las áreas de le tenencia de la tierra, la política de la tierra y la reforma agraria. Los principales beneficiarios de la revista son administradores de le tierra y profesionales aunque también ofrece la posibilidad a contribuciones académicas relevantes y análisis teóricos. El formato electrónico de la revista será realizado a traves del sistema de interfaz Open Journal (OJS), y será a disposición de todos.

Despite growing consensus on the socio-economic benefits emanating from enhanced land tenure security, issues related to how best to measure it and what constitute universal indicators of tenure (in)security are poorly understood. As a result, issues of what drives tenure security are poorly understood and inconclusive. This study, thus, examines the drivers of perceived tenure insecurity in Nigeria using the Nigeria LSMS-Panel General Household Survey of 2012/13. The determinants of perceive tenure insecurity are assessed across two indicators: private (idiosyncratic) tenure risk and collective (covariate) tenure security risk. The analysis shows that perceived risks of private land dispute are higher for female-headed households, households with lower social/political connectedness, and for land parcels acquired via the traditional/customary system, in contrast to having been purchased. Private tenure risk/insecurity is also higher in communities with vibrant land market and for households that are located close to urban centers, while the opposite is the case in communities with relative ease of land access. On the other hand, collective tenure risk is lower in communities with improved economic status. Finally, signifying the need to account for intra-household dimensions in implementing land reform interventions, results from a more disaggregated analysis show that tenure security is relatively higher on female-managed plots of female-headed households, while the opposite is the case for female-managed plots of male-headed households.

This study explores the limits to rights – and the interplay of rights and obligations – in land and natural resource governance. Drawing on legal developments from diverse thematic and geographic contexts, it aims to provide conceptual foundations for legal interventions to support the implementation of the Voluntary Guidelines on the Responsible Governance of Tenure (VGGT). Three clarifications are in order. First, an obligation can have both moral and legal dimensions; this study is primarily concerned with legal obligations. Second, the study takes a holistic approach to natural resource governance but focuses on land and surface resources. Third, while the study engages with the text of the VGGT, it also examines selected developments in national law – including constitutional, property, and natural resource law – and international law, particularly on human rights, the environment, and foreign investment. The study does not aim to provide a comprehensive discussion of these issues. Instead, it aims to outline the issues and encourage readers’ further reflection and debate.

This book examines the impacts of land tenure reform interventions implemented in Benin, Ethiopia, Rwanda, and Zimbabwe. Since 2000, many African countries have introduced programs aimed at providing smallholder farmers with low-cost certificates for land held under customary tenure. Yet there are many contending views and debates on the impact of these land policies and this book reveals how tenure security, agricultural productivity, and social inclusion were affected by the interventions. It analyses the results of carefully selected, authoritative studies on interventions in Benin, Ethiopia, Rwanda, and Zimbabwe and applies a realist synthesis methodology to explore the socio-political and economic contexts. Drawing on these results, the book argues that inadequate attention paid to the core characteristics of rural social systems obscures the benefits of customary tenure while overlooking the scope for reforms to reduce the gaps in social status among members of customary communities. This book will be of great interest to students and scholars of land management and use, land and property law, tenure security, agrarian studies, political economy, and sustainable development. It will also appeal to development professionals and policymakers involved in land governance and land policy in Africa. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

This open access book presents a nuanced and accessible synthesis of the relationship between land tenure security and sustainable development. Contributing authors have collectively worked for decades on land tenure as connected with conservation and development across all major regions of the globe. The first section of this volume is intended as a standalone primer on land tenure security and its connections with sustainable development. The book then explores key thematic challenges that interact directly with land tenure security, followed by a section on strategies for addressing tenure insecurity. The book concludes with a section on new frontiers in research, policy, and action. An invaluable reference for researchers in the field and for practitioners looking for a comprehensive overview of this important topic. This is an open access book.