The Fight for Land

How the Land Restitution Unit, with the support of USAID, has made significant progress in preparing restitution claims for the indigenous Sikuani community

OLD LANDS, NEW SPACES

The historic fight for the territory of the Sikuani indigenous community, settled in the municipality of Puerto Gaitán, Meta, gained momentum over 20 years ago, when the Sikuani collectively called for the territory’s formal recognition. During Colombia’s armed conflict, this community was the victim of massacres, torture, negative impacts brought by illicit crops, threats, and accusations of being guerrilla sympathizers.

Emiliano Rodríguez García, 68, is one of the oldest leaders of the Sikuani community. He recalls that before the conflict, they led a quiet life. They could readily cross the rivers and creeks, and they were free to go about their lives. However, after illicit crops arrived in 1991, life in the indigenous community took an unexpected turn. In nearby areas, drug lords established major coca crops—up to 50 hectares—and forced children and women to harvest the leaves.

“Indigenous people fear war and death; we don’t want to be killed. That’s why we moved away, seeking safety in the woods, where no one would bother us. We left many lands unsold. These lands stayed vacant and others took them over,” says Rodríguez.

During that time, the Sikuani people were restricted from moving about their territory and lived in the stranglehold of guerrillas and paramilitaries. In addition, many of their young people were recruited by armed groups. These groups did not respect indigenous authorities, and their encroachment affected indigenous traditions and brought social problems such as drug addiction and alcoholism.

“With the demobilization of the paramilitaries, things began to change for the Sikuani. Before that, we were victimized for defending our territory from drug crops, and this turned us into the target of drug lords,” said the current Sikuani leader, Luis Enrique López.




 

USAID Land Champion: Sarah Lowery

Tell us about yourself.

I have worked on sustainable investment and innovative finance for over 12 years – first, as a Peace Corps Volunteer growing community-based businesses in Belize; then as a management consultant to organizations in the United States, Colombia, and Spain; then designing financial mechanisms to encourage deforestation-free investments in Brazil and Colombia; and now at USAID. Throughout my career, I repeatedly come across uncertain property rights as a major barrier to offering finance to many landholders. Thus, I was excited to jump squarely into this field two years ago when I joined the Office of Land and Urban.

I am currently leading research into the connection between stronger land tenure and access to finance and participation in land markets. We are adding to the body of evidence on these links, with data from our impact evaluations in Zambia. I also lead our office’s engagement with the private sector on responsible land-based investment, which includes pilots with Hershey’s, ECOM, Illovo Sugar, and the Moringa Partnership. Finally, I am thrilled to be launching a new investor survey on land-based risks, costs, foregone investments and mitigation strategies. These efforts will foster opportunities for American economic interests while bolstering land and resource rights for local people.

Why is land tenure/property rights important to your work at USAID?

Weak property rights is one of the most limiting factors to achieving USAID development objectives including economic growth, peace and security, and democratic governance. In fact, it is estimated that 70 percent of land is unregistered in the developing world.

How can we expect farmers to invest in better technology, irrigation infrastructure, mixed crop systems or other improvements if they are not certain they will have access to or control over the land next year or in ten years? How can we work with investors – from small business owners to multi-national companies – to enhance productivity, create new jobs, etc. when they are forced to spend scarce resources defending their infrastructure by building fences, employing security teams or defending court cases?

It is critical that our programs incorporate land and resource governance components in order to achieve USAID development objectives, guarantee the long-term sustainability of our interventions, and ideally, work us out of a job.

Many people think of land rights primarily in connection to agriculture and rural development. What is the connection between land tenure and property rights and other development issues, like responsible land-based investment?

Strong property rights are essential building blocks for all facets of sustainable development and all sectors. I cannot think of a single type of land-based investment for which clear and enforceable land rights is not paramount. For agriculture, land rights for family farmers or large plantations are both critical. In fact, we are currently working with Illovo Sugar to participatory map and document the land near their plantation in Mozambique so farmers’ confidence that their land will not be encroached upon by others increases and so the company knows how much sugar will be supplied to its mill in coming years. Likewise, documented rights to land is one of the most critical components of any energy investment decision – on par with a power purchase agreement. For forestry investments, often nothing moves forward unless land rights are 100 percent clear for the life of the project, which is usually at least eight or ten years, if not longer.

And this makes sense of course. But I want to point out that responsible land-based investments go beyond acquiring legal rights to develop land: they also respect the legitimate land and resource tenure rights of people who derive benefit from the land in or near proposed investment sites. That can include, for example, farmers, pastoralists, hunters and others who use the soil, water, trees, grasses and other resources for their economic, social, recreational or other purposes. Whether their rights are rooted in statutory law or customary governance systems, they are legitimate and should be respected by investors. And ideally, investments will be structured to not only do no harm to such persons but will also provide additional benefits to them.

What is the role of USAID’s E3/Land and Urban Office?

E3/Land and Urban plays a number of roles. First, we support USAID missions around the world and other operating units here in Washington to achieve development objectives by integrating land and resource tenure into programs. Second, we foster technological and other innovations in the land sector such as our Mobile Application to Secure Tenure to continue pushing the envelope on what’s possible in the land sector. Third, we are a leader in building the evidence base for effective land programming by conducting rigorous impact evaluations and performance evaluations of USAID and other land programs. Fourth, we communicate our research findings and that of our partners and other donors to USAID colleagues and the land community at large through our newsletters, blogs, media scans, Land-Links, etc. Fifth, we build the capacity of USAID to strengthen property rights via our Massive Open Online Course and other trainings.

What are some of your biggest accomplishments in the land sector?

I am most excited about the innovative, pioneering initiatives that we are leading to focus our approaches to strengthening land and resource rights.

For instance, we are launching an investor survey on land-based risks, costs, foregone investments, and mitigation strategies. The results of the survey will demonstrate how/if investors measure and price land-based risks in their pro formas and other analyses, quantify the costs of “projects gone wrong” as well as the value and location of foregone investments because of land issues, and present case studies of successful land-risk mitigation strategies. The survey report will be incredibly useful to (1) make the case to governments that clear, enforced land rights are essential to attract responsible investment, and (2) show investors that the responsible investment is both financially attractive and possible via case studies of successful land-based investments. Furthermore, this initiative will assist us in building productive partnerships with the private sector to increase responsible land-based investments that protect legitimate land rights and provide tangible benefits to local landholders.

Final thoughts?

People assume that land-based investments negatively impact local people but are worth these costs because of the larger development goals they hope to achieve – e.g., providing electricity to or growing food for thousands of people. However, I firmly believe that even large-scale land-based investments can help lift local people out of poverty by creating direct benefits to them, and we are working to uncover successful case studies of such projects. For example, Brookfield Renewables and the ‘Namgis First Nations tribe in British Columbia formed a joint venture to create a run-of-river hydroelectric project that generates revenue for the tribe via their ownership stake, finances their Community Benefit Fund, and gives them preferential employment opportunities. I love talking about this project in particular because the ‘Namgis stake was borrowed – in other words, the community did not put up the capital to develop the project; instead, they paid back their ownership stake via their returns once the project was up and running. This is a model that is theoretically feasible in any community or nation.

This project has been successful because the traditional land rights of the ‘Namgis were recognized and respected, the ‘Namgis were treated as a true partner in the development of the project, and their environmental and social concerns were heard and addressed. The project protects several salmon and trout species by, for instance, stopping to divert water when river flows would fall too low to support the fish population, and the project occasionally shuts down operations to allow for river recreation activities, such as white water rafting. My goal is for these kinds of win-win land-based investments to become the norm rather than the exception.

Webinar: Land and Conflict

On September 28, 2017, USAID LandLinks hosted an interactive online discussion on land and conflict with a panel of experts for. Around the world, concerns related to access to and development of land and resources, equitable use of valuable resources, and distribution of revenues associated with land and resource use drive disputes and violence. These diverse and widespread conflicts are often tied to weaknesses in the land sector—particularly to problems associated with land governance. Finding practical, actionable strategies to address these land-related conflicts can help to promote greater transparency, accountability, and resilience; and reduce conflict and support for violent extremism.

Request for Information: USAID/DRC’s Responsible Minerals Program Planning

The purpose of this Request for Information (RFI) is to collect written information about the capabilities and interest of all public and private parties in participating in a co-creation process1 to identify innovative solutions for the promotion of a responsible mineral trade (RMT) in eastern Democratic Republic of the Congo (DRC). The information will be used to help make planning decisions and influence activity design to improve future development outcomes and is published in accordance with Federal Acquisition Regulation (FAR) Part 10 and FAR 15.201(e).

This is an RFI, not a Request for Proposals (RFP), and is not to be construed as a commitment by the U.S. Government to issue any solicitation or ultimately award an agreement on the basis of this RFI, nor to pay for any information submitted as a result of this request, nor does it commit the Government to pay for costs incurred in the preparation and submission of any comments.

Any funding proposals submitted in response to this request will not be considered. Responses to this notice must be received by no later than the due date and time stated below in this notice. All information provided will become the property of the U.S. Agency for International Development (USAID), will not be returned, and will not be released publicly. USAID reserves the right to use information provided by respondents for USAID’s own purposes. Proprietary information must not be sent.

View the RFI here and instructions for responses here: RFI-SOL-AID-660-RFI-17-000001

How Mobile Applications are Documenting Property Rights in Zambia

Originally appeared on ICTworks.

There is a silent race running through developing countries around the world – a race for access to land and the knowledge of whom the land belongs. The race is not necessarily between people, or neighboring farmers, or even between government and their citizens, but exists at the nexus of productive livelihoods, and the sustainable stewardship of land each person calls home.

Globally, the livelihoods of literal billions of people rely on these factors – access to land for farming or mining and ownership and management of land. How these factors are addressed today will provide the foundation for long-term growth and confidence for people tomorrow.

The Zambian Context

With its large area, growing population, and governance combining centuries-old chiefdoms with a modern democracy, Zambia is particularly well suited for a convergence of old and new ideas regarding land tenure and security. Zambia has a very rough estimate of 15 million properties undocumented in its 75 million hectares.

Zambia’s land is divided between state land (eligible for leasehold titles) and customary land (largely rural). Customary land is administered by over 250 traditional chiefs, often, as mentioned before, with little documented evidence of ownership rights for individual households. As of 2013, there were fewer than 150,000 state leasehold titles issued by the government, which is less than one title per 100 individuals and approximately 1 title for every 5,300 hectares of land. In rural areas, only a few, but growing number of chiefs are issuing any sort of documentation of their land allocations.

The paper-based, signature heavy process being used to secure tenure is cumbersome and not readily or universally accessible to the people who need it. In fact, under the current system, it is estimated it would take over 1,000 years to document the country’s customary and state-held landholdings—an astounding number used only to make the point that there is much work to be done.

Read the full article on ICTworks.

Land Matters Media Scan – 22 September 2017

Here are the recent land tenure and resource management media items:

USAID

  1. Laying the Foundation: Land and Livelihoods (9/20/2017)
    Source: USAID Colombia LRDP
  2. ‘Liberia’s Land Problem Needs Proper Legal Framework’ – mentions USAID’s Land Governance Support Activity (9/19/17)
    Source: Daily Observer
  3. How Mobile Applications are Documenting Property Rights in Zambia – written by Dr. Matt Sommerville, USAID’s TGCC Program Chief of Party (9/18/17)
    Source: ICTworks
  4. Opportunity: Democracy Fellow, Conflict, Fragility & Peacebuilding, Washington, D.C. (10/15/17)
    Source: USAID/DCHA/CMM / IIE
  5. Land restitution: Chengue dances again – mentions USAID’s Land and Rural Development Program (9/18/17)
    Source: The Bogotá Post

Upcoming Events

  1. Land and Conflict Webinar (9/28/2017)
    Source: USAID LandLinks

Global

  1. Land and the SDGs (9/6/17)
    Source: Land Portal
  2. Land defenders call on UN to act against violence by state-funded and corporate groups (9/21/17)
    Source: The Guardian
  3. More than a billion live on degraded land, at risk of hunger – UN (9/12/17)
    Source: Thomson Reuters Foundation
  4. Giving new life to degraded lands in Small Island Developing States (9/14/17)
    Source: FAO

Indigenous Peoples

  1. Indigenous Rappers from Brazil Are Using the Internet to Bring Their Message to the Masses (9/18/17)
    Source: Global Voices
  2. Indigenous victory: Brazil’s Temer decrees 1.2 million Amazon reserve (9/18/17)
    Source: Mongabay
  3. Twenty years after peace accord, indigenous Bangladeshis still attacked over land (9/18/17)
    Source: Thomson Reuters Foundation
  4. Argentina: Indigenous land conflicts threaten Vaca Muerta investment (9/18/17)
    Source: Verisk Maplecroft

Africa

  1. Liberia: CSO Group Wants Land Rights Act Amendment Before Passage (9/19/17)
    Source: Front Page Africa
  2. South Africa: Why red lights are flashing over consultation on communal land bills (9/18/17)
    Source: Business Day
  3. South Africa: What is a fair price for expropriated land? (9/18/17)
    Source: GroundUp
  4. Zimbabwe: Address land ownership, tenure disputes: Farmers (9/14/17)
    Source: The Herald

Asia

  1. India: Small tea growers in India’s Assam to get land rights for first time (9/13/17)
    Source: Thomson Reuters Foundation
  2. India: Conflicts across India as states create land banks for industry, investment (9/19/17)
    Source: Business Standard
  3. Burma: Confiscated Land Returned to Farmers in Magwe (9/14/17)
    Source: The Irrawaddy
  4. Iraqis track abandoned homes with digital tools (9/21/17)
    Source: Thomson Reuters Foundation
  5. Thailand: Land row stirs hornet’s nest (9/14/17)
    Source: Bangkok Post
  6. The Philippines: ADB study shows only a third of Filipinos own a dwelling (9/13/17)
    Source: Business Mirror

Laying the Foundation: Land and Livelihoods

The integrated approach to land tenure that builds government capacity, strengthens economic development, and protects property rights.

Originally appeared on Exposure.

HEAVEN & EARTH

For the past ten years, Eloísa Garzón Ángel—a mother of six living in Potrerito, a lonely outpost in the arid mountains of Southern Tolima, near Ataco—has witnessed, during each election season, how local politicians drive up to visit the 250 families living in this conflict-ridden and forgotten corner of Colombia.

“They come up and promise us heaven and earth, but all anybody wants here is a paved road,” she explains.

The road, which was first excavated 30 years ago, played a strategic role in the military strategy of the Colombian leftist rebels known as the FARC, allowing them to transit and control a large swath of south-central Colombia between Meta and Tolima. Today the road mostly causes headaches for the estimated 1,000 people living in these mountains. The farmers and ranchers—who are dedicated to growing coffee on the steep hillsides and keeping cattle where they can—find it hard to compete, forced to pay such high costs to get their products to market.

Southern Tolima was always the FARC’s major stronghold near the rebel army’s birthplace. In the early nineties, the FARC started to canvas the mountains west of the urban center of Ataco before its official invasion in 1997. Two years later, the rebels attacked and controlled Ataco, sparking an ongoing battle for this and neighboring municipalities that would last more than a decade.

Between 2001 and 2007, most families in these mountains fled to cities as far as Bogotá to escape the violence. That is where Eloisa and her family went after leaving their farm, with very little on their backs. They spent four years struggling to find jobs and secure support from the complex government processes to assist displaced people.

“Leave everything you’ve created, everything you’ve made to go to a big city to suffer hunger and sleep on the floor is a sad solution for a displaced person,” she explains. “Life in Bogotá is expensive and you never stop spending money. It’s not like living in the countryside.”

 




 

Land Matters Media Scan – 15 September 2017

Here are the recent land tenure and resource management media items:

USAID

  1. Does De Facto Forest Tenure Affect Forest Condition? Community Perceptions from Zambia (9/6/17)
    Source: USAID LandLinks / Forest Policy and Economics

Reports and Publications

  1. Better land use and management critical for achieving the 2030 Agenda, says a new UN report (9/12/17)
    Source: UNDP
  2. Land Tenure Tensions in Maputo. A Study of the Neighborhood of Polana Caniço (9/11/17)
    Source: Institut Français des Relations Internationales
    Related report: Land Tenure Tensions in Maputo: A Study of the Neighborhood of Polana Caniço
  3. The road to zero deforestation food (9/7/17)
    Source: Oxfam
    Related report: Pathways to Deforestation-Free Food: Developing supply chains free of deforestation and exploitation in the food and beverage sector

Upcoming Events

  1. Ask the Experts: Webinar on the Future of Land-Related Indicators in the 2030 Agenda (9/18/17)
    Source: Land Portal

Global

  1. In fight for secure land rights, corporations and communities find common ground (9/7/17)
    Source: Devex
  2. Success in Manama Hinges on GLII Partners’ Momentum and Focus (9/12/17)
    Source: Land Portal
  3. The Fight for Land Rights is the Fight for the Forests (9/11/17)
    Source: Rainforest Action Network

Indigenous Peoples

  1. PMO nudges tribal affairs ministry to set deadline for granting land rights to tribals (9/8/17)
    Source: Hindustan Times
  2. Native communities in danger in Argentina (9/11/17)
    Source: openDemocracy
  3. Six farmers shot dead over land rights battle in Peru (9/6/17)
    Source: The Guardian
  4. ‘They lied’: Bolivia’s untouchable Amazon lands at risk once more (9/11/17)
    Source: The Guardian
  5. ‘Uncontacted’ Amazon Tribe Members Are Reported Killed in Brazil (9/10/17)
    Source: The New York Times
  6. Cameroon forest people: Land rights abuses threaten survival (9/13/17)
    Source: Thomson Reuters Foundation

Africa

  1. Mahama urges women to invest in agriculture (9/12/17)
    Source: GhanaWeb
  2. Malawi: Expert says controversy continues to surround land issues in Malawi (9/8/17)
    Source: Nyasa Times
  3. YES! Malian women make progress in fight for land rights (8/23/17)
    Source: ONE
  4. Uganda: Govt asks for more time to rewrite amendment to land acquisition law (9/10/17)
    Source: The EastAfrican
  5. Zimbabwe: Pay rentals or move out, farmers told (9/7/17)
    Source: The Herald
  6. Zimbabwe: Government duty-bound on land use (9/7/17)
    Source: The Herald

Americas

  1. Argentina: Property rights and poverty reduction: Effects of land titling on Argentina’s urban poor (9/5/17)
    Source: VoxDev
  2. Barbudans to get title ownerships of lands they occupy (9/12/17)
    Source: The Daily Observer
  3. Brazilian officials seek land rights for rainforest dwellers at risk (9/8/17)
    Source: Thomson Reuters Foundation

Asia

  1. Burma: Will land seized by the military ever be returned? (9/10/17)
    Source: Frontier Myanmar
  2. China extends rural land reform trial to end-2018 (9/12/17)
    Source: Thomson Reuters Foundation
  3. India: Climate change, womens land rights inter-related: Speaker (9/7/17)
    Source: India Today / PTI
  4. India: Monsoon session: Land rights to slum-dwellers on agenda (9/7/17)
    Source: Orissa Post

Europe

  1. Georgia: Land Deeds Follow the Money (9/11/17)
    Source: Georgia Today

Land Matters Media Scan – 8 September 2017

Here are the recent land tenure and resource management media items:

USAID

  1. To Effectively Reach a Population, We Need to Coordinate with All Institutions (9/6/17)
    Source: USAID Colombia LRDP
  2. Tracking Land-Related SDGs: New Addition to the Land Portal (9/6/17)
    Source: USAID LandLinks / Land Portal
  3. Dialogue that Matters: USAID Talks Tenure with University Students (9/6/17)
    Source: USAID LandLinks / LTP
  4. Volunteers for International Security and Prosperity (VISP) (9/6/17)
    Source: USAID LandLinks
  5. Global Donor Working Group on Land Updates on the SDG Land Indicator 1.4.2 (9/7/17)
    Source: USAID LandLinks / GDWGL

Upcoming Events

  1. Ask the Experts: Webinar on the Future of Land-Related Indicators in the 2030 Agenda (9/18/17)
    Source: Land Portal

Global

  1. Finding a way in for better landscape governance (8/15/17)
    Source: CIFOR
  2. Opinion: Forging the link between land administration and sustainable communities (8/25/17)
    Source: Devex
  3. Easing Land Conflict in DRC: An Introduction to Open-Source Mapping Tools (8/30/17)
    Source: Engineering for Change

Indigenous Peoples

  1. INTERVIEW-Engaging with indigenous people benefits business, environment – U.N. expert (8/8/17)
    Source: Thomson Reuters Foundation
  2. Site C Dam Project Will ‘Irreversibly Damage’ Indigenous Lands, UN Panel Says (8/28/17)
    Source: Huffington Post Canada
  3. Native title claims: federal court delivers stinging criticism of NSW government (8/31/17)
    Source: The Guardian
  4. Tribal leaders worried as battle to open up the Amazon to mining rages (9/1/17)
    Source: Thomson Reuters Foundation
  5. Adani’s Australian mine won’t start until they have a land agreement with us: Indigenous activist (9/2/17)
    Source: National Herald
  6. Land Law Should Honor Native Claims: Malaysian Activists (9/4/17)
    Source: Benar News

Africa

  1. Liberia: ‘Senate Not Pressurized to Pass Land Rights Act’ (8/29/17)
    Source: Daily Observer
  2. South Africa: Court orders lawyers to resolve conflicts over land invasions (9/2/17)
    Source: IOL / Independent on Saturday
  3. South Africa: Land reform beneficiaries can help alleviate poverty (9/3/17)
    Source: IOL / The Sunday Independent
  4. Uganda: Land Portal Foundation and Advocates Coalition for Development and Environment (ACODE) launch Uganda Country Portfolio that identifies key land governance challenges and trends (8/28/17)
    Source: Land Portal
  5. Zimbabwe: Be transparent, Govt urges Land Commission (9/5/17)
    Source: The Herald

Americas

  1. Brazil: Quilombolas’ community land rights under attack by Brazilian ruralists (8/25/17)
    Source: Mongabay
  2. Brazil suspends Amazon mining decree in face of criticism (8/31/17)
    Source: Thomson Reuters Foundation
  3. Canada: Lacking land rights, historic black communities in Canada seek change (9/6/17)
    Source: Thomson Reuters Foundation
  4. Guyana goes after stolen ancestral Afro land (8/31/17)
    Source: Amsterdam News

Asia

  1. Cambodia: Under Threat of Jail, Women Activists Fight Cambodian Lake Land Grab (8/25/17)
    Source: News Deeply
  2. Cambodia: Solution in sight for land disputes (9/4/17)
    Source: Khmer Times
  3. Cambodia: Protected land to become state property (9/5/17)
    Source: Khmer Times
  4. India: As men migrate to cities, women farmers seek Indian land rights (8/30/17)
    Source: Thomson Reuters Foundation
  5. Malaysia: Gatco settlers get stay order against company developing land (8/28/17)
    Source: Free Malaysia Today
  6. Philippine palm oil plan ‘equals corruption and land-grabbing,’ critics say (8/31/17)
    Source: Mongabay
  7. The Philippines: DAR: Farmers can occupy farmlands under protest (8/26/17)
    Source: Philippine Daily Inquirer
  8. Risk and reward in Vietnam’s real estate as investors ignore uncertainty over future of land rights (8/24/17)
    Source: Duane Morris

Europe

  1. Ukraine: Justice Ministry developing new online services for landowners (8/31/17)
    Source: Ukrinform