Land tenurethe formal and informal relationship individuals and groups form with landeffectively determines who uses what land under which conditions. One way in which land tenure is impacted by conflict is through peoples perceptions of the security of their tenure under the cloud of conflict and the risks it brings. Featuring Lebanon: New resources and updated country page! Secure land tenure is important for slum dwellers as an authentic recognition of their residential status in urban areas. It concerns business tenancies and is essentially a statutory right which allows tenants to apply for a new tenancy on similar terms as the existing tenancy when it expires. Land tenure is about the relationship between people and the land, and how local laws and customs define that relationship. 2 Tenure refers to the status of individuals or groups in relationship to property. Tenure security influences the sharing of benefits from agricultural activities among different individuals and groups, within . Interventions with an aim to increase species diversity can deliver positive dividends for food and nutrition security. , of food is produced by women who do not have equal land tenure rights, The UNCCD-SPI technical report Creating an enabling environment for Land Degradation Neutrality and its potential contribution to enhancing well-being, livelihoods and the environment provides science-based evidence on the potential contribution of LDN to enhancing, This working paper explores how land tenure systems in different ecosystems and bio-cultural regions around the world are linked to land degradation or sustainable land management. . Trust, tenure insecurity, and land certification in rural Ethiopia (PDF) Trust, tenure insecurity, and land certification in rural Ethiopia | Gunnar Khlin - Academia.edu Academia.edu no longer supports Internet Explorer. This paper uses unique household survey data to identify the sources of land tenure insecurity in Burkina Faso and estimate their economic impacts. A well-supported, sustained and locally driven strategy involving multiple partners is crucial. The challenges and pressures on customary tenure systems are many: insecurity, conflicts, land market inconsistencies and inefficiencies, gender discrimination in customary systems, and the reluctance of some governments to formally recognize customary land tenure. This paper was written for the course Spatiality & Justice in Urban Governance. The feeling of tenure insecurity could be caused by the land redistribution policy in Ethiopia where household size has been the main criterion used for land allocation after the land reform in 1975. Tenure insecurity with agricultural land under the HRS is exacerbated by the risk of land expropriation for urban expansion and infrastructure development (TAO AND XU,2007). Land tenure is the relationship, whether legally or customarily defined, between people (individuals or groups) and land. As such, although formal land documents can be held as a type of collateral for a housing microfinance loan, many other forms of guarantee are accepted by responding institutions. This offers land actors and governments an innovative approach for the realization of tenure security through recognizing, recording and administering a variety of appropriate and legitimate land tenure forms. Many of these farms operate in conditions where there areunequal land rights. Statutory land tenure relates to land vested in the state to be held in trust for the land-holding community or such land acquired for public purposes through the state's power of eminent domain as allowed by Article 257 of the Constitution of Ghana (1992) (Constitution of the Republic of Ghana 1992; Da Rocha and Lodoh 1999 ). Therefore, in mid-August 2015, other relevant stakeholders such as the Local Government Unit and representatives of land-owners were invited to a planning workshop with the purpose to gather ideas on how to move forward together . This paper investigates the impact of land tenure insecurity on farmers' labor migration decisions in rural China. Land tenure is an institution, i.e., rules invented by societies to regulate behaviour. In all cultures land holds fundamental traditional, religious and social value. Within GLTN, a large majority of GLTN partners regard the continuum as highly relevant to their work, and a similar proportion has practically applied it. Affordable. It is a form of holding land that follows the customary norms and practices of a particular community or group. Furthermore, the survey results revealed that institutions will accept many types of land documents, ranging in formality, in lieu of a title (Habitat for Humanity, The 2015-16 State of Housing Microfinance: A Review of the Housing Microfinance Practice Around the Globe, p.9). (GIZ, Land in German Development Cooperation: Guiding Principles, Challenges and Prospects for the Future, 2016 p.19 ). Due to legislative restrictions of access, uneven distribution among users, or an absolute demand scarcity, scarcity can leave many people with little or no land and generate intense rivalry for land. That is, the responsibility of eradicating or reducing poverty, food insecurity, tenure insecurity, environmental risks, climate change mitigation and adaptation, etc. The experience with enumerations worldwide has revealed the importance of having people from the community as the main enumerators rather than developing a specialist team of external enumerators. Evaluate various levels of insecurity and corresponding risks of eviction; Provide the normative foundation for promoting secure tenure and guidelines for statutory recognition of secure tenure; and. All community processes as they stand may not be positive. This study examines the drivers of tenure insecurity in Mozambique using data from the National Agricultural Survey (TIA) 2014 as well as a follow-up supplemental survey with detailed land tenure gender-disaggregated data from three groups: namely, principal male, principal female, and female spouses. Furthermore, the decrease of customary land reserves combined with the accelerated commodification of customary lands is leading to increased competition for access to land. Among other critical issues, strengthening land tenure and property rights systems is essential for: Strengthening land tenure and property rights is also important for: Across 23 countries, USAID partners with governments, businesses, and communities to support efforts to make property rights and land governance systems--both formal and informal--more effective, transparent, stable, and fair. Elements of the continuum of land rights in practice can be found in many contexts. The full range of rights constitutes legally enforceable claims that can be asserted and defended in a forum such as a court. Tenure security is essential, and not only for agricultural production. In other words, a land tenure system helps decide who can use which lands for how long, and under which circumstances. But land tenure security is not static. This generation, having inherited land from the previous generations, has also inherited the challenges associated with land. Secure land rights include not only individual private rights. Uncategorized Land scarcity. Additional research on how additional factors, such as the length of conflict, causes (e.g., expropriation vs. family disputes) and spillover effects into non-conflict areas, impact tenure security would help further fill knowledge gaps. Land tenure insecurity was likely to reduce dietary diversity of WRAs by 26% (p < .05). An accurate enumeration of conditions for tenure security is a prerequisite to: Even when titles or deeds have been issued and formally registered, land transactions or transfers may not be systematically recorded, or are recorded in registers that are not properly kept or updated. The main challenge from land tenure insecurity is to drive a diversity of actions towards the common purpose of simplifying, modernising, and making land tenure management more accessible, transparent, and accountable, especially to the urban poor, as well as more efficient and effective. Land tenure security is, therefore, an . Abstract. But land tenure security is not static. The lack of reliable records of land rights and transactions at local or central levels is one of the main problems hindering the development of land markets. But land tenure security is not static. Led an effort, in cooperation with the U.S. Department of State, U.S. Geological Survey, and the European Union, to combat the flow of conflict diamonds and illegal diamond trade by supporting policy reforms, improvements to legal supply chains, and programs that strengthen property rights and licit economic opportunity in mining communities. Land tenure security implies the certainty that a persons land rights will be acknowledged and secured in cases of certain difficulties. The cost of creating and maintaining land records, both in human and financial terms, has meant that less than 30 per cent of the developing world is covered by land records held in a registry. Part 2 of the Landlord and Tenant Act 1954 (the "Act") governs the way in which business tenancies come to an end and which gives . Supported the U.S. business community by developing and testing practical guidance on best practices for making land-based investments less risky and more sustainable. Learn how you can get involved and lend a hand. 2012 Briefing Note on Securing Land Rights by GLTN partner, Framework for Evaluating Continuum of Land Rights Scenarios, Habitat for Humanity International (HfHI), the Terwilliger Centre for Innovation in Shelter, Habitat for Humanity, The 2015-16 State of Housing Microfinance: A Review of the Housing Microfinance Practice Around the Globe, p.9, GIZ, Land in German Development Cooperation: Guiding Principles, Challenges and Prospects for the Future, 2016 p.19, Property Theory, Metaphors and the Continuum of Land Rights, Framework for evaluating Continuum of Land Rights scenarios. , Land tenure is about the relationship between people andthe land, and how local laws and customs define that relationship. USAID Land Tenure Infographic October-2016 (pdf - 4 MB). Habitat for Humanity International (HfHI) included the continuum in its Take Action Tool Kit as part of its three-year Solid Ground Campaign, which is focused on promoting land policies, laws and systems to improve access to adequate shelter. Land tenurethe formal and informal relationship individuals and groups form with landeffectively determines who uses what land under which conditions. They may even lose those rights, resulting in eviction. , We also work with governments around the world to ensure equal land tenure rights. They work through individuals who have received their land rights from a customary system, but who treat these rights as market commodities. Recognition of this important reality has been part of a global paradigm shift on tenure that has taken place over the past decade, in large part through work done by GLTN and its partners, and is formulated as the continuum of land rights. Tenure insecurity is the lack of right of individuals and groups to effective protection from involuntary removal from their land or residence by the state. Land management is also limited by a lack of records as it is difficult to set up economic and social services, such as roads, electricity, clinics, etc., without land records that also indicate state land. Land tenure relationships may be well-defined and enforceable in a formal court of law or through customary structures in a community. Research has shown that secure tenure provides incentives for farmers to invest in land, borrow money for agricultural inputs and improvements to their land, and enable land sale and rental markets to ensure full utilization of land. In many countries, the only tenure type available is customary tenure. 2021. Tenure can be freehold, leasehold, conditional, collective, and communal. For most poor people in sub-Saharan Africa, the Pacific and some parts of Indonesia, low-income demand for land is overwhelmingly met by informal delivery systems, which combine customary practices with other informal and formal practices. Inadequate land records give rise to a series of difficulties: problems identifying right-holders, risk of multiple sales of land plots, use of forged deeds or titles. The rights do not lie along a single line and they may overlap. Creating knowledge through scientific research, geospatial analysis, and pilot projects to identify and disseminate emerging trends, evidence, and best practice. 1. This would imply that land rich households should be more tenure insecure. These land users were questioned concerning each parcel of land which they possessed, yielding a sample of 1,040 parcels of land, including 820 agricultural parcels and 225 house parcels. Identify and develop global norms for secure tenure. in "unccd one column" section with "Full width" option enabled, This block type should be used in "unccd one column" section with "Full width" option enabled, 608 million family farms around the world, occupying between 70 and 80, percent of the world's farmland and producing, Voluntary Guidelines on the Responsible Governance of Tenure. Perceived risk of land loss (collective . Broegaard, R.J. (2005). This paper examines the impact of land tenure security perceptions on rural-urban migration decisions of rural households, using data collected in Minle County in Northwest China. However, recognizing the decision-making power of customary systems and authorities may have serious implications for womens land rights and those of the poor, as land allocation and dispute settlement tend to be dominated by elites, usually men. . During his five year tenure as the president of the Bank until 2019, the Bank's profit doubled to over half a billion birr, while its paid-up capital skyrocketed from a little less than one billion birr to 2.5 billion birr. Understanding exactly how rights are affected can help design interventions to enhance land tenure security during and after periods of conflict. In short, those with ownership of land are more likely to stay and care for it, whichresults in a range of economic, social, and ecosystem benefits. There are608 million family farms around the world, occupying between 70 and 80percent of the world's farmland and producingaround 80 percent of the world'sfood in value terms. This brief presents recent illustrations based on news media accounts of customary and state institutional overlap, planning and service delivery gaps, conversion of customary to leasehold land tenure, risks to public lands, and an inadequate land information system each of which contributes to peri-urban tenure insecurity. PDF | Insecure land tenure plagues many developing and tropical regions, often where conservation concerns are highest. Access and use rights to natural resources such as grazing land, water, forest or forage food are likewise linked to land rights. Customary tenure, including communal tenure, is critical in both rural and urban areas. A key challenge is how to make sure that the information produced by an enumeration exercise is also used to strengthen security of tenure through state recognition, and for use in physical planning. One of the main issues is the insecure land tenure. WordPress Download Manager - Best Download Management Plugin. In 2020, Prindex, through its global survey, released data on perceptions of security of land and housing rights in 140 countries. In support of this more open, inclusive land tenure approach, a survey conducted by the Terwilliger Centre for Innovation in Shelter for HfHIs of 83 financial institutions practising housing microfinance found compelling evidence of the continuum of land rights, suggesting that a formal versus informal perspective toward land rights is too simplistic in practice. Building local capacities and skills to plan, lead, and manage their own development. The Global Land Tool Network - Facilitated by. Namibia has passed a law called the Flexible Land Tenure Act, which provides for the creation of a simple land tenure form that is registerable in a public registry. In the absence of security of tenure, a sizeable percentage of households across the globe are significantly debilitated in their ability to procure enough food and to benefit from viable rural livelihoods. situations of tenure insecurity contribute to social instability and conflict. However, they are a long-term objective. In view of the problems, the paper discusses the prevalence of the terms, rules and regulations of the land acquisitions process and its repercussions and concludes from the . It is against this backdrop that five major issues surrounding land tenure, and rights, This block type should be used It is multifaceted; several factors are involved in its existence, including sociological, technical, financial, institutional, judicial, and political, that are often overlooked, but must be taken into consideration. In terms of practical implementation, a continuum of land rights can be said to have been fully implemented in a particular context when: In addition, it would be necessary to develop and test innovative implementation tools to fill the land recordation and other gaps that exist in conventional land administrations and to roll these out at the country level. Yet, this is thesituation for millions oflaborersand farmers around the world, who will neverown the land they work on. The problem of insecurity of tenure has a formal, legal basis. Enumerations provide the means by which not only data is gathered to allow for local planning, but also the process by which consensus is built and the inclusion of all residents negotiated. Make a general inquiry or suggest an improvement. In 2016, an estimated 70 percent of land in developing countries was unregistered or perceived to be insecure. We show that the probability of a village-wide reallocation is a function of . , When tenure leads to increases in investment, higher agricultural productivity, andimproved food security, it disincentivizes economic migration, benefitting society. In simple terms, land tenure systems determine who can use what resources for how long, and under what conditions. Those who hold the rights to these land parcels may or may not give consent to other members of the community for use of the resources on these areas. Land tenure is defined as the relationship that is either typical or legally among people either community groups or individuals on acquisition and use of land under certain conditions (FAO,. AIOS Integrated Land Solution and AIOS Integrated Land Services are trademarks of AIOS Integrated Land Systems d.o.o. The Future Development blog informs and stimulates debate on key development issues. On the other hand, they may be inadequately outlined with ambiguities and loopholes that may be exploited. This concerns mainly, but not exclusively, informal and/or customary land markets. For instance, within a society, separate families may own exclusive rights to land parcels for residential or agricultural purposes. This alarming figure represents a fundamental barrier for the poor to overcome many of their most pressing challenges: poverty, hunger, conflict, violence, poor governance, and lack of economic opportunity. Imagine working every day on land you could never own; getting up before the sunrises to take part in repetitive, back-breaking work until the sunsets. For instance, some countries have forest lands that fall under the state mandate, at a central or decentralised government level. LandLinks | USAID's knowledge sharing platform focused on land tenure . (For convenience, "land" is used here to include other natural resources such as water and trees.) But land tenure security is not static. A better understanding of the relationships between violence and perceptions of tenure security will help develop targeted policies and interventions that safeguard and strengthen tenure security during and after conflict. One of the key GLTN instruments is the Continuum of Land Rights, a powerful alternative concept and approach to simply focusing on the titling of individually held private property. Land tenure is the relationship that individuals and groups hold with respect to land and land-based resources, such as trees, minerals, pastures, and water. Land tenure security implies the certainty that a person's land rights will be acknowledged and secured in cases of certain difficulties. In addition, GIZ argued that: The wider spectrum of land tenure can further be demonstrated at the continuum of land rights. In many settlements, a grassroots land management body can mediate and arbitrate land disputes and make requests for services and development to public authorities. Registered freehold is not seen as the preferred or ultimate type of tenure, but is rather one of a number of appropriate and legitimate forms of tenure available (customary, leasehold, group tenure and others). Tackling tenure security in slums through participatory enumerations: Brief 1, Brief Land Records for the Poor: Participatory. This is arguably how we think about tenure insecurity, but this straightforward definition is not so easy to operationalize. Supporting legal, policy, and institutional reforms and human capacity development. the post-2015 era. The informal sector, by its very nature, means income insecurity and lack of social mobility. Violence, forced displacement, land grabbing, destruction of land records, death of land, and weakened governance associated with conflict affect tenure security and peoples access to land. [ Placeholder content for popup link ] Therefore, mediation and negotiations while surveys are ongoing is important to ensure sustainability and justice. U.S. Agency for International Development, Diversity, Equity, Inclusion, and Accessibility, Environmental and Natural Resource Management Framework, Tropical Forest and Coral Reef Conservation Act, USAID Land Tenure Infographic October-2016, Creating incentives to improve agricultural productivity, reducing hunger and poverty, Promoting gender equality and enabling womens economic empowerment, Developing more efficient and stable tax systems that enable greater domestic resource mobilization and improve countries abilities to invest in their own development, Creating incentives to manage valuable natural resources more efficiently and sustainably, which also mitigates criminal exploitation and transnational crime, Improving resilience to shocks and disasters. USAID works in over 23 countries to improve property rights and land and resource governance. For archived content, visit worldbank.org , promote rural resilience and climate change adaptation, Do countries have immune systems? Open access is slightly different from communal access because the latter excludes non-members of the community from accessing the common areas. For example, some pasture lands in the community may be used by all the members of a community to graze cattle. A global comprehensive typology of tenure categories and associated rights; An inventory of legal, regulatory and planning measures aiming to provide temporary or permanent protection against forced evictions; and. Partnered directly with U.S. businesses to address land and property risks in their supply chains overseas. GLTN develops tools to render access to land and tenure security more equitable and accessible to all, with special attention to the poor, women and the disadvantaged groups; these are: Land tenure is frequently understood in binary terms: formal/informal, legal/extra-legal, secure/insecure, de facto/de jure. It can be used alongside and in support of, among other things, the Continuum of Land Rights, the Social Tenure Domain Model and the Gender Evaluation Criteria. The issue can not only be solved by the communities themselves. Tenure types that best suit both the social, cultural and economic needs of local communities and the needs of responsible land administration authorities at a particular time are advocated.
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