Webinar: The Business Case for Land Rights: Results from the 2018 Investor Survey

This webinar shared results from The Investor Survey on Land Rights and provided evidence that investors quantitatively and qualitatively account for land risks in their investment decisions and actively work to mitigate potential land risks, and that when land risks materialize, there can be large financial impacts. The webinar also looked at successful business models that have been deployed to reduce risks for investors and provide benefits to local communities, also highlighted in the survey and report.

Thursday, April 5, 2018
8:00 – 9:00 am EDT

Private Sector Perspectives on Responsible Land-Based Investment: You Asked, We Answered

USAID LandLinks hosted a webinar on “The Business Case for Land Rights: Private Sector Perspectives on Responsible Land-Based Investment” on March 8, 2018. Due to the high level of interest, there were more questions from the audience than we were able to answer. We share here answers to some of the most interesting questions, to which our panelists, Larry Riddle, Kate Mathias and Felizardo Mogole, from Illovo Sugar Ltd., along with the webinar moderator, Sarah Lowery, from USAID, took the time to respond:

Question: Can Larry or Kate speak to how long the pilot took and how Illovo managed internal tensions regarding the time investment required for this in-depth, participatory process vs. other business priorities and time constraints or imperatives?

KATE: The pilot with USAID was for 18 months; however, our broader land rights program is on-going, and we do not foresee an end to it. There are challenges around time management when engaging in the programs; however, we view land rights and land management as integral to the business and develop clear business cases for engagement. This particular pilot focused on empowering community members to be able to undertake the participatory mapping through the growers’ cooperative with support from Illovo, USAID, and Terra Firma, and we believe that this is the most sustainable and effective way of implementation and helps to build the capacity of the local enumerators and cooperative leadership whilst reducing the impact on employee time.

Question: When documenting land rights, what is included on the document, and how is this information obtained, and where is it recorded?

FELIZARDO: The project beneficiaries were requested to show a formal identity document of some form, as long as it contained information such as name, age, residence. The documents were requested during sensitization sessions, which were conducted by trained enumerators from the community. In the cases where a beneficiary had no documentation, they would be requested to bring witnesses who would corroborate their statements. The data would then be captured on a digital form that would be sent to a database housed at Terra Firma (soon to be relocated to the cooperative). A formal ‘corrections and objections process’ was incorporated into the process to provide opportunities for grievances to be tabled and resolved if possible before certification.

The land document includes:

  • Name
  • Gender
  • Birthdate
  • Identification Type, and Number
  • Issuance date
  • Delimitation date (of mapping)
  • Witness name
  • Edict date and term limit
  • Date of signature
  • Parcel #, district, postal code, etc for map
  • Area and latitude/longitude for parcel

Question: Does the investor (e.g. Illovo Sugar) negotiate with individuals or with communities? If the former, how are the rights of the community respected? And if the latter, how is community membership defined, and how do the economic and social benefits of the investment reach individuals within the community?

FELIZARDO: I am not sure I understand what is meant by “negotiation with individuals or with communities” since this is a process that follows a Free Prior and Informed Consent for the free-of-charge land mapping and registration to obtain a certificate of occupancy; i.e., community members will continue farming their land in their preferred manner either individually or through their original associations, be it for sugar cane or food crops. The benefit they receive from the project is that now their land rights are registered. As previously mentioned, the process was implemented by community-based enumerators in line with legal requirements, so Illovo did not directly negotiate with landowners; its role was more as a facilitator along with our partners (Terra Firma, Indufor N.A., Cloudburst Group).

Question: How did Maragra ensure the sustainability of the project learnings among the outgrowers?

KATE: By running the project in partnership with the growers’ cooperative, we have assisted in building their capacity to sustain the project and have included training around land rights into our broader extension and capacity building programs. Additionally, we have retained Terra Firma, our local implementing partner who led the participatory mapping and documentation, on contract to continue to support the cooperative and its ongoing work on land.

Question: The women and men in my mining community and around the county want agricultural programs that work in customary rights systems. Both women and men lack food security and economic empowerment. I am a licensed diamond miner and diamond broker since 2013. Women and men in Gbarpolu County, where I mine, and throughout rural Liberia, usually have customary rights to land. I would like to know:

  1. How Mr. Felizardo Mogole implemented the land rights guidelines with specific reference to an example of how Illovo’s participatory mapping process model (a la Terra Firma) helped customary rights farmers strengthen their tenure security?

FELIZARDO: The whole process of strengthening tenure security started with a sensitization stage involving government officials and local authorities as well as beneficiaries from the communities. We also involved the project beneficiaries in training on land legislation and their rights, and they were integrally involved in the participatory mapping of their own and neighbors’ lands. They also had the chance to look at maps of all the parcels and the personal information that would be included on their land rights certificate. This gave them a chance to discuss and compare among their peers and also consult with neighbors to ascertain the validity of the information prior to its approval.

  1. How would the Illovo pilot be modified to work in countries like Liberia where urban farmers have no formal land ownership documents and have been granted the right to use land by a town chief, for example?

SARAH: Jumping in from the USAID Land and Urban office – the participatory mapping approach that we implemented in Mozambique with Illovo can be applied to any context. We use a suite of innovative technology tools and inclusive methods that use mobile devices and a participatory approach to efficiently, transparently and affordably map and document land and resource rights. In the Liberia example you cite, this approach would be based upon a needs assessment including the town chief and other relevant government officials and/or customary leaders to determine their interest and support for giving land documentation to landowners.

This is similar to our work in Zambia with customary chiefs that increased tenure security for treatment households, and USAID has demonstrated significant increases in community land governance from participatory mapping, creation of bylaws and related activities under the Community Land Protection Program. One caveat is that our approach would likely need to be adapted to a context with greater population density, such as a village or town, as the preciseness of the mapping would need to be higher than in rural areas.

Question: On land for food use, is there a balance between land being used by the growers in the region for food and for cane? How is Illovo minimizing the risks and adverse impacts of monocropping?

KATE: The project with USAID registered all land in the selected blocks whether the land was under sugarcane or other crops. The local communities are encouraged to choose whether they would like to supply sugarcane to Illovo, and there are clear procedures to enable growers to register or grow sugarcane, which include environmental suitability checks. The project with USAID, along with a number of comprehensive studies, has assisted the growers’ cooperative and Illovo to better understand the land situation and work with the communities on land use planning.

Our separate grower development project, the Maragra Smallholder Sugarcane Development Project (MSSDP), supports the development of infrastructure and water management processes that will protect over 3,000ha of community land that has been underutilized due to annual flooding since the year 2000 when El-Niño floods changed the river flows and drainage. MSSDP seeks growers to produce cane on approximately 1540ha and supports organized food crops or alternative crops on 460ha; the remainder of the land is developed by the community members as they please. The project commenced with very comprehensive civic education, which assisted the growers to understand the project, its opportunities and make choices around their involvement and their land use. Some associations and individuals decided to incorporate very little of their land into sugarcane and others a larger percentage. It is entirely their own decision.

Question: Do you think that community land-based information and planning before any investors’ intervention would make it easier to investors to engage with rural communities when it comes to land-based investments? Can it improve community consultation?

KATE: Yes, I do. It would provide investors with better information to ensure that they consult with the right parties, and it would empower communities to better understand their rights and protect against potential land grabs. I believe it will improve community consultation and negotiation for all, as community members will come to the table with more security, understanding and power over their choices.

Question: You [Kate] quoted land titling theory (improved tenure security brings about economic investment and reduces poverty) but this has been shown to be a tentative relationship at best in sub-Saharan Africa, possibly because of the multi-generational relationship of land rights-holders to land. How do you balance a more capitalist (land titling theory) approach and a broadly African view of land?

KATE: Through conversations with our growers, complemented by the initial baseline evaluation for this project, uncertainty about land tenure has been highlighted as a key concern by farmers in some of our countries. This can also be backed up by examples of farmers disinvesting from their crops and land once their land tenure is under threat. We are looking to further test this theory through other internal projects as we respond to the demands of our farmers to address as many of their insecurities as possible to enhance and sustain their livelihoods and our supply chain.

SARAH: Jumping in again from the Land and Urban Office, there is in fact a growing body of evidence demonstrating that securing farmer’s rights to land does in fact encourage investment and higher productivity. A few examples from sub-Saharan Africa from our Fact Sheet on Land Tenure and Food Security include:

  • In Ethiopia, land certification led to land productivity increases of 40 to 45 percent in the Tigray Region, and soil and water conservation investments rose by 30 percent in the Amhara Region. And an increase in land allocated to women decreased household food insecurity by 36 percent.
  • In Rwanda, investment doubled in farmers’ soil conservation. And women whose land rights were formalized were 19 percent more likely to engage in soil conservation, compared to 10 percent among men.
  • In rural Benin, communities that participated in a process to map and recognize land rights, were 39 to 43 percent more likely to shift their crop investments from subsistence to long-term and perennial cash crops, and tree planting. In particular, women were historically unlikely to invest in soil fertility by leaving their land fallow; but this gender gap disappeared in communities where female-headed households mapped and documented their parcel boundaries. In these communities, female-headed households were just as likely as male-headed households to leave their land fallow.

Finally, it is important to note that USAID endorses principles of “secure enough”. There are a number of alternatives to formal land titling that can help to create more secure land tenure while avoiding the pitfalls of individualized freehold tenure systems, including the exacerbation of inequality. These include policy and legal recognition of customary rights; issuance of certificates that secure usufruct, management and/or inheritance rights; or community titling.

Question: There is a lot of work being done by the private sector in terms of ensuring that labor abuses, child labor and labor exploitation is being addressed in supply chains. In your experience, have you observed any connection between weak land rights, land acquisition in agricultural commodities and vulnerability to labor abuse, exploitation and labor coercion?

KATE: I have not personally observed a connection; however, I believe that social development, livelihoods, land rights and human rights are all linked. If people are not empowered in any of these areas, it opens them up to potential abuse in other ways. Ultimately, it is beneficial for businesses to engage with empowered and resilient individuals and communities.

Land Front and Center in Colombia

Leveraging institutional strengthening to improve Colombia’s land governance and rural development capacity.

The history of land rights in Colombia is a centuries-old tale of colonialism, highly concentrated land ownership and unsuccessful agrarian reforms. Fifty years of civil strife have left vast sections of the country’s land undocumented, vulnerable to land record manipulation and outright lawlessness. Under the landmark peace agreement, the Government of Colombia has committed to addressing the land issues that have so often been at the heart of the nation’s conflicts – by formalizing property rights across the country, organizing the national registry and recovering lands that belong to the state.

In a warehouse on the outskirts of the capital, the nation’s property registry authority—the Superintendence of Notary and Registry (SNR)—stores over 80,000 paper-based property ledgers, some dating as far back as the 18th century. In 2015, the Constitutional Court ordered the government to restore, transcribe, digitize and conserve the records, seeking to modernize the disorganized and unreliable land administration system that had persisted for generations.

In addition to organizing the historical documents, the court ordered the SNR to determine how much land had been acquired irregularly (without formal documentation) and continued to be held unofficially. A year-long investigation showed that at least 30 percent of the nation’s territory—some 5 million hectares of land—was acquired irregularly.

“The state had no idea,” explains Clara María Sanín, a land expert working with the SNR. “Colombia’s history has been characterized by a government incapable of protecting its territory, a centralized administration that allowed faraway, rural regions to do what they want with land ownership.”

Now, in the post-conflict era, the national government has pushed rural land reform to the forefront of national dialogue by creating a new land administration authority, the National Land Agency. The agency is mandated to begin an ambitious land formalization campaign—in response to the fact that six out of every ten parcels in Colombia are informally owned—and coordinate rural development strategies with its sister agencies: the National Development Agency and the Agency for Territorial Renovation.

As the three agencies maneuver in unprecedented ways to ensure that sustainable investments reflect an integrated development approach, USAID, through its Land and Rural Development Program, plays a key role as facilitator. On its surface, USAID’s program acts as a conduit between national, regional and municipal administrations, improving intergovernmental coordination and making it easier for sub-national government agencies to mobilize domestic resources to address land issues and rural development. At a deeper level, the program is fostering critical public policy and governance changes that are improving Colombia’s land regulatory framework.




 

USAID and IUCN Partner to Advance Gender in the Environment

Noting World Water Day and reflecting on International Women’s Day movements and Women’s History Month in a number of countries, USAID and IUCN examine their partnership on Advancing Gender in the Environment (AGENT), which aims to improve development outcomes by strengthening environmental programing through gender integration and achieving gender equality outcomes.

Originally published on IUCN’s blog.

Around the world, women play a critical role as natural resource managers –often tilling land and conserving biodiversity while managing household food and energy needs. This close relationship with the environment also means that women face higher risks and suffer disproportionate burdens from environmental impacts and degradation. This is due also in large part to entrenched socio-cultural biases, such as women and girls being primarily responsible for the majority of unpaid care work like cooking and water collection.

These considerations emphasize that gender equality and women’s empowerment–particularly when it comes to ensuring that women and men have equal opportunities in accessing, benefiting from and participating in environmental decision-making–are essential for effective conservation and sustainable development.

A few weeks ago, marking International Women’s Day, IUCN’s Director General made a strong statement on the importance of women in conservation and sustainable development. Today, we are joining advocates from around the world to also mark Women’s History Month and noting the importance of women on World Water Day. We’ve recently expanded our USAID-International Union for the Conservation of Nature (IUCN) partnership into a broader program that enhances environmental programming in a wide range of sectors through the robust integration of gender-responsive approaches and actions throughout USAID programs focused on biodiversity, energy, land rights, urbanization and forestry, among others.

Through Advancing Gender in the Environment (AGENT), USAID Transforms communities by ensuring that environmental programs advance a more sustainable and equitable future for all by recognizing women as agents of change; valuing the diverse knowledge, experiences and capacities of women and men alike; and working to bridge gender gaps.

Over the last year, USAID and IUCN conducted research, and created knowledge products and tools, on the status of women and relevance of gender issues across the environmental sector. When studying national energy policies and frameworks, we found that less than a third of 192 frameworks from 137 countries identified issues that have gender dimensions–i.e. some policies note that women suffer from energy poverty disproportionately–and/or included objectives and strategies that have gender considerations. Furthermore, when women are mentioned, they are often characterized as potential stakeholders or beneficiaries and seldom as innovators or leaders in solutions.

AGENT is underscored by the knowledge that gender equality and women’s empowerment are powerful levers for change: women are vital to conservation and resilience-building efforts and contribute valuable perspectives. For example, in Malawi, when local communities were asked what trees they would like to have planted, men were the majority of respondents, and they requested trees that provide non-renewable sources of income like timber and charcoal. However, when efforts were made to ensure women were surveyed, they asked for fruit-bearing and medicinal trees that provide added nutrition, health benefits and income–all without cutting down trees, thereby helping ensure the success of reforestation objectives.

We know from these kinds of experiences that gender equality and women’s empowerment are intrinsically linked to achieving sustainable development. Yet, as highlighted, critical gender inequalities and gaps persist that limit the ability of women to access markets, capital, training and technologies.

Women also do not have the same rights as men when it comes to customary or legal rights to land, property and resources. This reduces their access to critical means for survival and resilience. Data demonstrate a solemn reality on this issue; women do not have the same legal rights as men to own and access land in over 100 countries. Also, in 90% of 143 economies studied have at least one law restricting women’s economic equality.

Women are often underrepresented or restricted from participating in environmental decision-making and their contributions, innovations and leadership are frequently overlooked. The result is a lost opportunity for environmental initiatives to achieve multiple benefits, scale impacts and increase effectiveness.

Over the next year, AGENT will build new evidence on many important topics, such as why women’s empowerment and participation matters in the power sector, the connections between gender-based violence and the environment, and which gender issues are most prevalent in urban services. Platforms and curated resources are supporting forest and biodiversity programs, and networks of experts will be convened to share best practices and identify new areas of research.

USAID and IUCN are committed to filling critical information gaps on gender and environment, and will work to ensure that strategies and approaches for environmental sustainability are more effective and benefit all people. We are equipping our projects, programs and partners with data, analysis and tools. By doing this, we are working to ensure USAID Transforms by advancing a sustainable future — one that delivers gender equality and women’s empowerment outcomes.

Read the original article on IUCN’s blog.

Full Rights for All: USAID Works with the Government of Liberia and its Partners to Address Gender Dimensions in Land Governance

Addressing gender disparities in the context of land reforms is not easy. Effectively addressing gender issues takes time and effort, which can sometimes make it more expensive in the initial stages of a project or program. However, evidence shows that integrating gender throughout land reform interventions not only increases benefits for women, but strengthens the intervention overall. Meaningfully including gender into land reform approaches often requires a change in behavior among decision-makers and program participants that, in some cases, may take years, even decades. In the meantime, land reforms can sometimes move faster than changes in gender stereotypes that impede women’s land rights. If land reform efforts and the donors that support them do not urgently and specifically focus on the inclusion of gender issues, these reforms may solidify and perpetuate land rights inequities for women and girls.

In Liberia, the community organizers for USAID’s Land Governance Support Activity (LGSA) program on community self-governance understand this. In a packed meeting room in LGSA’s office in January 2018, women and men community organizers engaged in an interactive gender and women’s land rights training, sharing stories, challenges and approaches to addressing gender discrimination in customary land governance. The discussions grew lively as participants tackled difficult issues and challenged their own beliefs around gender and land rights. In the midst of a discussion on whether special efforts should be made to secure women’s rights to land, one woman organizer coined the phrase “full rights for all,” which the group enthusiastically agreed should be the goal of all community-level efforts to implement Liberia’s 2013 Land Rights Policy.

Achieving full rights for all requires a deep understanding of the status quo, including who does and does not have rights within both formal and customary systems. To fully understand this context, LGSA and its partners recently completed report on Women’s Land Rights in Liberia. The report draws on past and recent USAID-led research on customary norms, as well as legal analysis, including statutes related to land, family matters, succession, immigration, and Supreme Court case law related to land and gender. In addition, the report incorporates 2017 field research, conducted in three counties by a joint team from LGSA, Landesa, the Female Lawyers Association of Liberia, and the Women’s NGO Secretariat of Liberia. Key findings from the study include:

  1. Women’s access, use, and control of land differ from, and are less secure than, those of men. Rural women depend on accessing and using community land for their housing, livelihood, and welfare, but face discrimination and barriers not experienced by men. This makes their land and property rights insecure, particularly in customary settings. Most women access land through their male relatives, and do not approach chiefs directly for land. Women’s use of land is often temporary and limited to planting seasonal crops.
  2. Laws and practices around marriage reinforce land-related gender biases. The laws governing women’s land rights are inconsistent, do not achieve their intended purpose of treating all “wives” equally, do not treat men and women equally, only cover privately owned land, and do not cover all relationships where land rights matters arise. Civil marriages are rare, customary marriages are on the decline, and marriage informality is increasing. Women in de facto unions do not have recognized rights upon separation or abandonment, even when they have contributed to the family property and its maintenance.
  3. The law regulating inheritance contains critical gaps. Liberia’s laws on inheritance vary for civil and customary marriages, and the latter appears only to apply to private land, which excludes much of the land held within customary marriages. In much of the interior, inheritance of land is customarily reserved for men. In practice, women in customary land tenure systems are not entitled to their husband’s land; if the husband dies, the wife is expected to re-marry a member from his family and to transfer family property to him.
  4. Women’s participation in land governance is low, and in certain cases absent, in both statutory and customary governance systems. Women are disadvantaged in both statutory and customary land governance systems due to underrepresentation, customary norms requiring male accompaniment, lack of consultation and information, low recognition of women’s legal rights to land and inheritance, and the dual system of land governance, both of which contain biases against women.
  5. Access to justice and dispute resolution systems for land are largely biased against women. While the formal court system is out of reach for most rural women as compared to men – requiring language skills, education, money, travel time and access to lawyers that most lack – customary justice institutions, run almost exclusively by men, often reflect customary biases against women and fail to deliver gender-equitable outcomes.
  6. Women in concession areas face unique, gender-specific challenges to land rights. In all the three counties researched, the women affected by concessions mentioned that they were faced with scarcity of food and could not gather herbs to treat the ill members of their families. The concessions drastically disrupted women’s lives through destruction of farmlands, pollution of drinking water, and restrictions from accessing the forests which, among others, provided food, medicinal herbs, and crops for the market.

While more research must be done to inform gender-equitable implementation of Liberia’s Land Rights Policy, the LGSA report on Women’s Land Rights in Liberia is part of a growing movement among donors, civil society, and the Liberian Land Authority to seriously consider gender disparities in the land reform process and their impact on sustainable development. Like the LGSA community organizers, people representing a range of institutions in Liberia increasingly realize that moving forward toward community land governance without a gender-responsive plan in place would compromise the end goal of the reforms, including gains in productivity, and food security.

As Liberians chart a path forward toward gender-equitable and responsive land governance, USAID will support the shared vision of socially inclusive land reform that could become a model for other countries and contexts. The Women’s Land Rights Study represents an important milestone in this regard.

Learn more about USAID’s work on land rights in Liberia.

Formally Recognizing Pastoral Community Land Rights in Ethiopia

For hundreds of years, pastoralists in Ethiopia’s lowlands have relied on strong customary land tenure systems to survive. Historically, legislation has failed to clearly define communal rights to rangelands, and the specific roles and responsibilities for both communities and local government to administer and manage these resources. This legislative deficiency prevented pastoral communities from fully exercising their constitutional rights to land (Ethiopia’s Constitution broadly recognizes pastoral communities’ right to access land and prevents their involuntary displacement). Past legislation also created an institutional vacuum in which government officials no longer consulted community leaders on decisions to convert pastoral rangelands to plantation-style irrigated agriculture. Restricting access to pastoral land has devastated livelihoods by severely curtailing access to dry season pastures, depleting wet season pastures and degrading rangeland resources leading to bush encroachment and shrinking livestock herds.

USAID’s Land Administration to Nurture Development (LAND) project has been working with the Ethiopian government to certify pastoral communal land use rights, negotiating a resolution to a long-held impasse between government and pastoral communities. In 2014, the project began collaborating with Ethiopian government officials in the Oromia regional state to pilot methodologies that would formally recognize communal pastoral landholdings.

LAND started by reviewing international experience in protecting pastoral land rights in 11 countries, including eight in Africa. The project also studied customary organization and management of rangelands by pastoral groups in Oromia and the successful methods developed to date. The project also determined that strengthening pastoral land rights required legislation that recognized and defined rights to communal rangeland held and used by a group of pastoralists.

The ideal legislation had to allow for a legal entity to hold group title to such landholding on behalf of a community, specify procedures to map the boundaries of the landholding, and define the different responsibilities of local government and communities to manage the land and its natural resources. The hardest obstacle to developing this legislation was obtaining agreement between government officials and the pastoral communities over the size of the communal pastoral landholding to be registered and certified.

The pastoralists in the Guji and Borana pilot areas wanted their customary dheedas (traditional grazing areas) to be the unit of landholding to be certified and registered. But dheedas can cover hundreds of thousands of hectares and straddle multiple administrative boundaries. Oromia officials were reluctant to certify a landholding this massive in the name of a single community. Further, they argued that the dheeda had to be subdivided per administrative boundaries to be more effectively administered and managed by local land administration officials. The pastoral communities steadfastly argued that the government must recognize their constitutional rights to land based on customary possession and certify the uncontested boundaries of their landholdings, as was done previously in the highland regions.

LAND facilitated learning workshops and negotiations between the parties to resolve the impasse. It provided government with evidence-based research demonstrating that administrative boundaries do not accommodate access to seasonal pastures and the mobility necessary for viable livestock production. After nearly three years of negotiations, Oromia officials accepted the communities’ arguments and developed, with assistance from LAND, legislation providing the legal basis to register and certify community landholdings and enable customary institutions to function as Community Land Governance Entities (CLGEs) that will hold title to communal land, manage rangeland resources and represent the community in dealings with third parties, including the government and the private sector.

In November 2017, LAND assisted three communities to establish their land governance entities in compliance with the legislation. LAND trained community members on their roles and responsibilities under the legislation, and on the procedures to demarcate and register the boundaries of their dheeda landholdings. LAND will further support the governance entities through training to help them establish more transparent and accountable governance practices, and build skills in financial management and negotiations with government agencies and third parties.

USAID’s assistance to Oromia regional state to produce legislation that strengthens land rights of pastoral communities and build government capacity to implement the legislation will enable the federal Ethiopian government to replicate and scale up these interventions nationally to help secure pastoral land rights, prevent rangeland degradation, improve productivity of rangeland resources and increase economic opportunities for Ethiopia’s 12 million pastoralists.

The Malbe dheeda customary leader, Mr. Dima Doyo summed it up well, “The Borana community’s grazing system and its customary institutional leaders have been neglected by the formal administration, and this negligence has caused numerous rangeland problems. The recent recognition of our governance system has already empowered us to take some important measures and manage our rangeland resources in a better way.”

This blog post is made possible by the support of the American People through the United States Agency for International Development (USAID). The contents of this blog post are the sole responsibility of Tetra Tech and do not necessarily reflect the views of USAID or the United States Government.

The Interface between Surface and Sub-Surface Rights in the Artisanal Mining Sector in West and Central Africa

The artisanal mining sector in West and Central Africa is a rapidly expanding economic force employing millions of young people, often those who are the most vulnerable. Numerous ancillary informal economies are associated with the export of what are commonly known as “conflict minerals” such as diamonds, gold and coltan. Women grow crops and process food for the labor force of young men digging deep into the ground to pull out the ore and precious metals and stones. Shopkeepers and other merchants sell tools and supplies to the communities built up around the rich yet dispersed mineral resources of the regions. Complex flows of capital and credit reach the most remote parts of the continent to pre-finance the extraction and sale of conflict minerals. Few recognize the importance of property rights in these flourishing economies.

Two USAID activities – the Property Rights and Artisanal Diamond Development Project II (PRADD II) project, which works in Côte d’Ivoire and the Central African Republic, and the Capacity Building for Responsible Minerals Trade (CBRMT) project, which works in the Democratic Republic of the Congo – know that securing rights and access to subsurface minerals is critical to sustainable resource management and transparency. Based on years of experience, PRADD II and CBRMT developed and refined approaches and techniques to help governments formalize land ownership to two asset classes – the bundle of surface rights (land, trees, water, etc.) and the sub-surface rights often viewed by the state as its exclusive domain. The formalization process is complex because there is often a disconnect between national law and the reality on the ground. Even though land policy and laws may transfer ownership of land to the state itself, and then to mining companies through concessions, rural populations often contend that customary tenure arrangements still prevail and that both surface and sub-surface resources belong to them.

There’s no easy way out of this conundrum, but the PRADD II and CBRMT experiences show that both the state and customary authorities must be brought into the process of resource tenure formalization. This is particularly true for post-conflict countries, where the authority and legitimacy of customary authorities over these resources often supersedes the power of the state. In post-conflict environments the state is commonly weak and is unable and/or unwilling to clarify and formalize the institutions and rules governing access to mineral resources, in part because these resources are often illegitimately funding the purchase of weapons and ammunition (by special interests that hold considerable power and authority over government itself).

Imagine the case faced by many villagers in West and Central Africa. Farm families have invested significant labor in clearing the land, planting crops and harvesting. Most of the work is done by women. One day, a wife notices that a stranger is digging a deep and narrow pit along the shores of a stream passing through her rice fields. When she asks, “Why are you digging this deep hole,” the stranger replies, “I am exploring for diamonds and gold. I have received the authorization of the chief to prospect and this seems to be a good site.” Several weeks later, to her surprise, a large team of young men is digging a deep pit into her fields. “Why are you here?” she asks. “Your husband has given us authorization to dig for diamonds in this place because the prospector found signs of diamonds.” When the wife confronts her husband about the trampling of her fields by the diamond digger, he replies, “Don’t worry, I have negotiated with the chief and the head of the work team that we will receive one third of all diamonds found in this place. We’ll be rich, your trampled fields are no loss.”

As is often the case, once diamonds are found in an area, hundreds of people invade the area to try their luck. If the site is indeed productive, it becomes well known throughout the country. Outside investors are sometimes attracted to the area to try their luck as well. At this point, the diamond diggers might be surprised when an agent of a foreign owned company arrives one day to say, “I have a government issued permit in my hand. I own the concession under this land, and this site is now mine. You are to leave immediately.” The diamond diggers refuse, and go to the local authorities to complain. The regional representative of the Ministry of Mines might throw up his hands, “Well, you know, the law states that all sub-surface mining rights belong to the state, so you really are illegally mining the land and you have no rights. The concession permit is valid so you must depart immediately or we will bring in the police to evict you.” Deeply disappointed, the villagers return home to plan how to respond to the threat of expropriation. And so, the tensions grow. The outcome is uncertain.

Formalizing supply chains for artisanal minerals, including through the formalization of rights and access to subsurface resources, is an important step to establishing responsible supply chains. USAID, through PRADD II and CBRMT, is a pioneer in assisting governments and the private sector in this complex endeavor. However, these USAID projects reveal that this approach can lead to the exclusion of some actors (including the state), particularly those who have long benefited from an opaque tenurial status and the associated lack of clearly recognized and secured rights. When customary authorities are inadvertently excluded, they mount surprisingly effective forms of protest and resistance. Angry villagers have sabotaged diamond mining companies in the Central African Republic because operators failed to respect areas set aside for artisanal mining. Similarly, village diamond miners in Côte d’Ivoire brought a diamond mining company to its knees by threatening to destroy buildings and equipment unless the concessionaire’s permits were opened up to artisanal mining. This type of proactive resistance is an increasingly common sign of the growing power of organized West and Central African rural populations to defend their perceived rights to customarily-owned lands.

A valuable lesson from PRADD II and CBRMT is the understanding that more attention should be focused on how to manage conflicts over who controls and manages rights of access to both surface and sub-surface natural resources. Training in conflict management cannot be directed solely to government officials; such capacity building initiatives must also include powerful traditional authorities, artisanal miners, civil society and actors within the private sector.

Tajikistan’s Path to Prosperity Depends on Creating an Accessible, Equitable Market for Land

Tajikistan is on the cusp of achieving its vision of a fully-functional market that allows land-use rights to be bought and sold. The transition from a post-Soviet system of regulation and control to market-based principles represents the culmination of over a decade of donor-supported commitment and effort to unlock significant economic growth potential in Tajikistan and support the country’s transition away from donor assistance.

Tajikistan’s arable land is limited, covering just seven percent of its territory. Without a land market, land cannot easily be transferred from less to more efficient types of use, hindering efforts to alleviate the country’s significant rural poverty and food security challenges. Tajikistan’s robust agricultural sector accounts for 57 percent of employment and nearly a quarter of the national GDP. The emergence of a land market is critical to spurring equitable economic growth, and empowering entrepreneurial farmers to either expand their land holdings or lease them.

These new opportunities are particularly relevant to Tajik women, who make up around two thirds of Tajikistan’s agricultural workforce. After the fall of the Soviet Union, Tajik men left the country in droves in search of better economic opportunities abroad, leaving behind female family members to care for the farms. Donor support, led by USAID, has consistently prioritized the establishment of a legal framework for protecting land holdings, and helping women to overcome adversity as they exercise their land use rights.

Informing to Empower

Land in Tajikistan is owned by the government, with individuals holding rights to use the land. Following independence from the Soviet Union in 1991, the country’s agriculture sector was dominated by large-scale collective farms, which were gradually reorganized into dehkan farms — smaller farms held by an individual family or group of shareholders who willingly joined their land together. With the support of the USAID-funded Land Reform and Farm Restructuring Project (LRFRP), the 2016 Law on Dehkan Farms clearly defines dehkan farms as legal entities and provides better protection of legal rights of farmers that will support the emergence of a market in land use rights.

While donor efforts have helped make new legislation gender-equitable, Tajik women face barriers in taking advantage of their new rights. In some cases, it’s because they lack access to information about the new rights they have, or how to exercise them. In other cases, it is the result of cultural norms which lead local authorities to block attempts by women to register their farms.

To overcome these barriers, USAID-supported projects borrowed from the land reform experience of Tajikistan’s neighbor, the Kyrgyz Republic, by establishing a network of local volunteer experts: tashabbuskors. Modeled on the Kyrgyz demilgechi network, tashabbuskors serve as local land reform experts with whom farmers can consult on a variety of issues, such as disputes with neighbors and settling alleged tax debt. When an issue requires legal support, tashabbuskors can guide the farmer to a local Legal Aid Center to receive professional legal support. Through the Legal Aid Centers and tashabbuskor network, both LRFRP and the ongoing Feed the Future Tajikistan Land Market Development Activity (LMDA) help women and men understand and defend their land rights as land users under the emerging land use market.

Documenting Property Rights

In Tajikistan, ownership of land use rights is documented through certificates issued by the State Unitary Enterprise for the Registration of Immovable Property (SUERIP). However, complicated documentation requirements and unclear procedures have historically frustrated efforts by Tajik women to register property rights. In addition, as SUERIP offices are predominantly staffed by men, cultural norms will cause some women to send a male relative to register land they own. Without their name on the certificate, women are unable to exercise their rights as a landholder.

The tashabbuskor network helps women register their land by providing information and building confidence in how to file their paperwork. Moreover, the Feed the Future Tajikistan Land Market Development Activity is working with SUERIP to hire and train more female registrars, helping create an environment more suited for the agency’s clientele, as well as supporting efforts to improve registration office procedures to save time and cost.

The Emerging Market

By the end of 2016, following the passage of the new Law on Dehkan Farms, large-scale collective farms made up less than one percent of arable land in Tajikistan, and registered small-holder dehkan farms made up 81 percent. In addition to ensuring the rights of dehkan farms as legally-recognized entities, the law advanced the ability for landholders to leverage land use rights in civil transactions, such as leasing and mortgage. Once final legal instruments are in place, farmers in Tajikistan will be able to transact land use rights. This could include a farmer mortgaging land to provide a mechanism for financing investment, or a farmer having the opportunity to lease or sell the rights to his or her property upon retirement.

The success of the land market depends on a supportive enabling environment and the sustainability of the underlying institutions. The modernization of SUERIP offices and dissemination of information through the tashabbuskor network is only the beginning. The National Association of Independent Appraisers has been established to develop the professional capacity of Tajikistan’s nascent land valuation service providers. The taxation of dehkan farms is under review to ensure fair and equitable taxation of farm activities. A sustainable model of free or low-cost legal aid to farmers whose land use rights are challenged is being developed and implemented. As these initiatives progress and come together, a viable market for land use rights is within reach, advancing Tajikistan further along the path toward greater economic self-reliance and resiliency.

How Technology is Transforming Land Rights in Tanzania

As part of the Feed the Future initiative, USAID is helping the Government of Tanzania to improve communities’ understanding of land rights, support village land use planning, and clarify, document and certify property rights. USAID anticipates that this program – the Land Tenure Assistance Activity (LTA) – will reduce land-tenure related risks and lay the foundation for sustainable and inclusive agricultural investment for both smallholders and large-scale commercial investors. The program is a positive example of how a USAID investment is catalyzing innovation and partnerships for economic prosperity and self-reliance in Tanzania.

By the end of 2019, LTA is expected to have registered – for the first time – over 50,000 parcels, benefiting over 14,000 Tanzanian villagers.

At the heart of the program is USAID’s Mobile Application to Secure Tenure (MAST), a suite of innovative approaches, inclusive methods, and mobile technology tools to efficiently, transparently, and affordably document rights to land and other resources. In addition to Tanzania, USAID is working with other governments and communities to use MAST in Burkina Faso, Myanmar, and Zambia.

Evolution of MAST

These days, smartphones and tablets are everywhere, even in some of the most remote villages around the world. To leverage these technologies to meet the challenge of providing affordable, accessible land administration services to rural areas, in 2014 USAID began working with the Tanzanian government and local residents to pilot MAST in Ilalasimba, a small village in Iringa District. The initial pilot was a proof of concept – to test whether the idea of using low cost mobile technology to map and register land rights would work and could be affordably scaled-up to the rest of the country.

Central to the pilot was the assistance of and input from both the local government and community members themselves, in particular local youth who functioned as “trusted intermediaries,” helping to teach other villagers about MAST. Beyond just technology, the pilot project raised awareness among villagers about their land rights, with a special emphasis on women’s land rights. Only then did the project team map, record, and register those rights using MAST. As USAID/Tanzania’s Hal Carey explains, villagers were “interested and excited about [MAST] because it was an opportunity to participate in land governance…for women, it meant an opportunity to secure tenure for their children; for everyone, it meant access to finance. Everyone saw the potential, although there was some skepticism.”

In that first village – Ilalasimba – the pilot team mapped, recorded, and registered 910 parcels using MAST, benefiting 345 families. Soon after, the District Land officials issued official land certificates – known in Tanzania as Certificates of Customary Rights of Occupancy (CCROs) – for each parcel. The number of registered parcels increased to 1139 for the second village and 1886 for the third. Importantly, despite early resistance from many men to the registration of women’s land rights, the pilot’s education, training, and outreach activities resulted in parity in land registration between men and women. For example, in Itagutwa village, 33% of the parcels were registered solely in women’s names, while 32% of parcels were registered jointly in women and men’s names.

Now, with their land certificates in hand, residents of the MAST pilot villages enjoy greater clarity of their rights, including their parcel boundaries, enhanced tenure security, and stronger incentives to make long-term investments on their land. For example, families are using the certificates as collateral to invest in their businesses.

For USAID and the Tanzanian Government, the initial MAST pilot generated many lessons and produced a commitment to continue improving and scaling MAST, given its relative efficiency, low-cost, and user-friendly tools, compared with more traditional adjudication approaches that utilize labor intensive approaches and required expensive equipment and specialized inputs. The initial MAST pilot was judged a success for improving tenure security and in establishing and reinforcing participatory and transparent governance mechanisms at the village level which, in turn, have the potential to lead to greater smallholder and large-scale commercial investments in land.

USAID’s Land Tenure Assistance Activity expands MAST

Based on the success of the initial pilot, USAID launched the Land Tenure Assistance (LTA) activity in 2015 to scale-up the work to a much larger area. Under LTA, USAID has refined MAST’s technology and methods to deliver CCROs as well as village land use plans, which are a precondition for the issuance of land certificates under Tanzania’s Village Land Use Act. As Carey explains, “the [initial] tool had some shortcomings.” However, USAID “took the lessons learned from the MAST pilot and revised the application itself for more accountability…accuracy, and efficiency.”

Through 2017, the LTA program has achieved promising results, including:

  • Registering 14,747 CCROs, covering 20,000 hectares of land in 13 villages;
  • Empowering women to claim their land rights: 48% of all claimants were women;
  • Lowering the cost per parcel from $20.57 at project inception to $7.85;
  • Helping to establish 13 women’s groups and strengthen 32 others;
  • Training 17,714 individuals on land tenure and property rights;
  • Supporting the upgrading of 10 village registry offices;
  • Creating a radio program on land registration and the LTA project on five radio stations; and
  • Launching a youth sensitization program in secondary schools.

Semaly Kisamo, also from USAID/Tanzania, noted that MAST is a “very participatory process with villagers themselves participating. It’s generating ownership, sustainability, and trust… communities trust [each other] more. They are engaging and coming together to resolve issues. They are very appreciative of the project.”

The Government of Tanzania is now exploring opportunities to roll out MAST nationwide. While the Government looks to build a national land information system, which will focus first on the registration and administration of urban land, MAST offers a relatively low-cost, efficient, and user-friendly tool for formalizing customary rights in rural areas. As such, MAST provides an effective and sustainable tool that can easily be made compatible with the national land information system. It may prove beneficial to the Government in contributing to the activities focused on promoting transparency in the administration of rural lands, increasing tenure security, and ultimately enhancing the investment climate in Tanzania.

The Government recently decided that the Land Tenure Support Programme, which several European donors support in Tanzania’s Kilombero District, will use MAST and the same implementation protocols as the LTA program to support the systematic adjudication.

To learn more about MAST, see the MAST Learning Platform, a knowledge portal with documentation, tools, lessons learned, and best practices from existing MAST projects. The MAST Learning Platform also will feature upcoming MAST activities to be implemented under the USAID-supported Land Technology Solutions Project (LTS) and other USAID programs.

Land, Front and Center in Colombia

The history of land rights in Colombia is a centuries-old tale of colonialism, highly concentrated land ownership and unsuccessful agrarian reforms. Fifty years of civil strife have left vast sections of the country’s land undocumented, vulnerable to land record manipulation and outright lawlessness. Under the landmark peace agreement, the Government of Colombia has committed to addressing the land issues that have so often been at the heart of the nation’s conflicts – by formalizing property rights across the country, organizing the national registry and recovering lands that belong to the state.

In a warehouse on the outskirts of the capital, the nation’s property registry authority—the Superintendence of Notary and Registry (SNR)—stores over 80,000 paper-based property ledgers, some dating as far back as the 18th century. In 2015, the Constitutional Court ordered the government to restore, transcribe, digitize and conserve the records, seeking to modernize the disorganized and unreliable land administration system that had persisted for generations.

In addition to organizing the historical documents, the court ordered the SNR to determine how much land had been acquired irregularly (without formal documentation) and continued to be held unofficially. A year-long investigation showed that at least 30 percent of the nation’s territory—some 5 million hectares of land—was acquired irregularly.

“The state had no idea,” explains Clara María Sanín, a land expert working with the SNR. “Colombia’s history has been characterized by a government incapable of protecting its territory, a centralized administration that allowed faraway, rural regions to do what they want with land ownership.”

Now, in the post-conflict era, the national government has pushed rural land reform to the forefront of national dialogue by creating a new land administration authority, the National Land Agency. The agency is mandated to begin an ambitious land formalization campaign—in response to the fact that six out of every ten parcels in Colombia are informally owned—and coordinate rural development strategies with its sister agencies: the National Development Agency and the Agency for Territorial Renovation.

As the three agencies maneuver in unprecedented ways to ensure that sustainable investments reflect an integrated development approach, USAID, through its Land and Rural Development Program, plays a key role as facilitator. On its surface, USAID’s program acts as a conduit between national, regional and municipal administrations, improving intergovernmental coordination and making it easier for sub-national government agencies to mobilize domestic resources to address land issues and rural development. At a deeper level, the program is fostering critical public policy and governance changes that are improving Colombia’s land regulatory framework.

Piloting Massive Formalization

In partnership with the National Land Agency and the National Planning Department, USAID is spearheading a high-profile land formalization pilot in the municipality of Ovejas, a priority municipality in the nation’s post-conflict environment that was devastated by two decades of guerrilla and paramilitary violence. The pilot—which will soon title 3,000 parcels—is streamlining the collection and processing of property and cadastral information in order to reduce costs and provide government land agencies with integrated and reliable land data. The government is monitoring the Ovejas pilot carefully as it looks to learn about the most promising technologies and approaches as it prepares to undertake its own national land titling campaign.

“In the past, the government formalized property in an absolutely isolated manner. This pilot changes the way we do things in rural land administration. In Ovejas, we are focused on resolving all types of land conflicts, from parcel to parcel. The strategy is new, it is massive and it requires a higher degree of institutional coordination than we have ever seen,” explains Juliana Cortés, director of land tenure at the National Land Agency.

The Ovejas pilot is part of the government strategy to move away from a demand-driven land administration policy to one in which the government assumes the cost of first-time formalization. By doing so, it will alleviate major time and cost burdens that prevent most low-income rural landholders from seeking a valid title. Once a property is registered, future title transfers will be much less time and cost intensive.

State Presence

To get to this point, the USAID program has worked for nearly five years on creating an environment where government entities are more willing to share information and coordinate efforts to strengthen land tenure, improve land use and catalyze rural development.

“By framing land tenure with institutional strengthening, USAID is testing a new approach that no longer patches holes along the way. We believe the Colombian government to be capable of land administration—we merely support them in certain activities and put effective tools in their hands in order to ease the process,” explains Marcela Chaves, USAID/Colombia’s land tenure expert.

At the core of strengthening Colombia’s land institutions is access to information and the use of IT systems to manage and ultimately protect the country’s land and property data. The information gathered through the pilot is stored in a central database that merges former data collection systems, and is shared with the property registry authority. At the same time, USAID is assisting in the digitization of over four million land documents, which represent one-fifth of the country’s area.

“One of our biggest challenges in formalizing land is the ability to count on and trust the information that we have. What we have now is basic data that is not specific enough to make clear decisions in the public policy forum,” says Cortés.

Better land tenure policies and systems are already catalyzing rural development. In the new, land-conscious Colombia, municipalities are prioritizing titling public properties, such as schools, to stimulate rural investments with national funding. Beyond land tenure, this innovative USAID program is using its rapport with government entities to broker public-private partnerships, in which more than half of the funds are from the domestic government.

Making domestic public entities—rather than USAID—the face of development continues to increases the public’s confidence in their leaders and institutions. In a country long wracked by corruption and war, a little bit of confidence goes a long way.