Document Type: Briefs

Bobomurodov Rahmatullo, a primary school teacher, lives in jamoat Dehkonobod of Jillikul district. He has worked as a teacher since 1988 and educated several generations within his village. Over the years, people have come to trust Bobomurodov’s advice, and have turned to him for advice on a variety of different problems, including land issues. As an active participant in his community, Bobomurdov has attended various events, including seminars and trainings implemented by USAID projects operating in Jilikul District. At a seminar organized by public organization “Zanoni Dehot” at the end of 2013, he was elected to become a Tashabbuskor in his jamoat. Since then Bobomurodov has become more familiar with the land reform process, and farmer’s right to land, and he began providing informational consultations for the villagers on land issues and has repeatedly assisted them resolve land disputes.

Recently, a dispute arose between Zavkieva Rajabgul the head of dehkan farm “Farovon” and Ganiev Abdukarim the head of dehkan farm “Boboi Nurmuhammad” about the border of their farms. For nearly a year they argued with each other and could not resolve their dispute and determine their farms’ land boundaries. Because of this dispute, the relationship between the neighbors deteriorated more each day – to the point where other farmers in their village encouraged them to ask Tashabbuskor Bobomurodov Rahmatullo to find a solution to their dispute. After listening to their problem, Bobomurodov was able to get the farmers to agree to a meeting with a specialist from the Land Committee of Jillikul district. The specialist found the archival documents of the land parcels and was able to demonstrate the original boundaries of their farms. As a result, both farmers agreed to reinstate the borders and were thankful to the Bobomurodov who helped them resolve their dispute and bring back peace to the village.

USAID Land Reform and Farm Restructuring Project (LRFRP) supports the development of land legislation in Tajikistan. One of the priority areas of the project is to increase capacity of young lawyers.

In partnership with the NGO “Huquq va rushdi jomeai dehot”, LRFRP has implemented the program aimed at improving the ability and skills of practicing lawyers and representatives of local public authorities to provide efficient services on land reform issues.

In cooperation with the Ministry of Education and Science of the Republic of Tajikistan, LRFRP has introduced special courses on land law for students of the Finance and Economics Institute of Tajikistan for two years; and together with NGO “Huquq va rushdi jomeai dehot”, has developed the textbook “Land Law of Tajikistan”. This is the first textbook developed based on Tajik land legislation. Before, all universities were using textbooks based on Russian and Belarus land legislation.

The first edition of the textbook was published in 2015. The textbook was used throughout the courses on land law at the Financial-Economical Institute of Tajikistan on pilot base. On December 30, 2015, the Ministry of Education and Science of the Republic of Tajikistan recommended the textbook be used in all higher educational institutions of the country.

The project republished the textbook “Land Law of Tajikistan”
(1,500 copies in Tajik and 500 copies in Russian languages) and included approved Regulation of the Government of Tajikistan on Establishing Public (Involuntary) Easement and the Law of the Republic of Tajikistan “On Dehkan Farms” based on new land legislation of the RT.

The publication is designed for students, teachers, practicing lawyers, graduate students of law faculties, as well as all land users interested in land law issues.

The United States Agency for International Development (USAID) funded Liberian Land Governance Support Activity (LGSA), a five-year project that focuses on improving Liberian land rights institutions while bolstering access to land for all Liberians. LGSA hosted an all-day training session in Monrovia for journalists from Monsterrado, Bomi, Grand Cape Mount, and Gbarpolu counties who had previously met in Monrovia for a Liberia Land Authority/UNMIL awareness campaign on the Land Authority and the pending Land Rights Bill.

The local journalists, who had participated in an earlier Interim Land Task Force/LGSA media training program, were asked to share experiences on their coverage of the Liberian land sector. The workshop was moderated by LGSA Communications and Outreach Specialist, Richule O. Burphy who thanked the press for their immense work in reporting on the events and happenings in the land sector.

In his opening remark, LGSA Chief of Party, Dr. Mark Marquardt, emphasized the importance of holding meetings through which journalists can get together and share experiences and learn from one another. “We are relying heavily on the media to provide the public with clear information on what’s happening and going on and provide information on what’s happening and going on and provide information to people as the land reform processes move forward,” relayed Dr. Marquardt.

In sharing his experience, Henry Gboluma, Program Director of Kpo Radio in Gharpolu, as he recounted some of the infamous land disputes in Gbarpolu County, mentioned that “[LGSA’s] training inspired me to do more work on the land sector, and I was able to follow me to do more work on the land sector, and I was able to follow the geographic disputes that affected the voter registration exercise in the Jungle James Mining Camp in Gbarpolu. Because of the quality of my report, it was published on the Local Voices Liberia website.”

Also serving as program Director but for Radio Cape Mount in Senjie, Grand Cape Mount county, Jenneh Kemokai, after participating in a LGSA-supported media training in Tubmanburg, she introduced a one-hour weekly radio program dubbed ‘Our Land Business,’ that is currently on the radio.
During the discussions, participants reached the conclusion, among others, that journalistic collaborations and comings together enable them to reach a wider and more diverse audience while making a strong impact. Participants also saw the need for strong networking among journalists for continued experience sharing, which will be part of LGSA’s continued and future activity programming.

During the discussions, participants reached the conclusion, among others, that journalistic collaborations and comings together enable them to reach a wider and more diverse audience while making a strong impact. Participants also saw the need for strong networking among journalists for continued experience sharing, which will be part of LGSA’s continued and future activity programming.

The newly established Liberia Land Authority (LLA), through the support of the United States Agency for Development (USAID) funded Land Governance Support Activity (LGSA) held a series of consultative meetings with traditional leaders, civil society organizations and professional bodies to discuss the proposed Land Rights Law currently before the Legislature.

In outlining the objectives of the consultations, Chairman of the LLA, Dr. Cecil T.O. Brandy, laid out for stakeholders the outstanding obstacles challenging the passage of the Land Rights Bill. Particularly contentious were the 1) 99-year grace period before the transfer of customary land and 2) maximum amount of 150 acres of land that can be owned in customary area.

“We want to discuss these issues with you and know your mind and recommendations so that we can forward them to the legislature,” he added. Facilitating the discussions were human rights lawyer, Cllr Tiawan Gongloe; Commissioner Designate, Atty. J. Adams Manobah; and Dr. Brandy.

The meeting in Gbarnga brought together paramount chiefs and other traditional leaders from all 15 countries of Liberia. Bong Country Superintendent, Hon. Selina Mappy, expressed how grateful she was that her country was selected to host such a historic meeting while recognizing the long distances traveled by many participants.

Dr. Brandy further welcomed the stakeholders to what he termed a new institutional framework: moving from the Land Commission to the Interim Land Task Force and now the Land Authority.

At another meeting in Monrovia, consisting of representatives from legal and professional bodies, on January 31, 2017, the President of the Liberia National Bar Association (LNBA), Cllr. G. Moses Paeger, raised concerns over future reviews of existing concession agreements, future new concessions, and the role of communities in the negotiation processes.

Another issue that came to light during these consultations was in reference to the tribal certificates that are not yet deeded and are to be issued by chiefs and elders, many of whom do not know what an acre is or how to measure land in in order to accurately allocate it.

In troubleshooting this issue, stakeholders called on the government to ensure that all tribal certificates are deeded to avoid future conflicts. Land Authority representatives were highly receptive to this and other feedback, which demonstrates the merit of having such consultations.

In anticipation of the passage of the historic Land Rights Act, which will give communities a mechanism to own land for the first time in Liberia’s history, USAID’s Land Governance Support Activity (LGSA) has been facilitating processes aimed at building the capacity of communities and local governance institutions, so that once the Law is enacted, communities will be able to own their land as seamlessly as possible. In order for communities to gain title, they must agree on their membership and harmonize their boundaries with neighboring communities. LGSA and its partners have been working in communities, throughout Liberia, to prepare them for customary land ownership.

After working with communities in rural River Cess County to self-identify, this quarter, LGSA supported the signing of a memorandum of understanding (MOU) among four clans – Banama, Voor, Garezohn, and Togbayakun – along with the GPS mapping of the clans’ shared community, Dorbor in Fan River District. The MOU signing on boundary demarcation brought together community members, stakeholders, and formal and informal influential leaders, which included the Fan River District Commissioner, Unification Town Chiefs, Paramount and Clan Chiefs, and youth and women group leaders.

The collaborative and participatory process for establishing boundaries left community members feeling empowered and confident in the MOU’s sustainability. As Mary Beh, a resident of Gbalah town, relayed, “I participated in laying down the rock that stands as a cornerstone between [Gbalah town] and the Kru Town… [before LGSA came to Gbalah] we had 14 boundary disputes, but now there is only one; we are working through it.” Ms. Beh extrapolated further to say that the incidence of land disputes and controversy stemming from cross-boundary farming has been greatly reduced, and “after the formalization of the boundary, [her] community has been at peace and there is no longer fear [her] family will fight over the land.”

“We gladly agreed to cooperate with LMDA when the project gathered independent appraisers and introduced its intention to develop appraisal activity in Tajikistan,” stated Mr. Takhir Nabiev, a partner of “Aiten Consulting Group” LLC, and one of the founders of the Association of Independent Appraisers of the Republic of Tajikistan.

Providing further explanation, Mr. Nabiev shared: “We have been working in the field of appraisal activity for about five years, but we have not achieved much success in this area yet. It is due to the fact that appraisal activity in Tajikistan is not developed and the demand for appraisal services is not high. We took certain steps to develop our work. For instance, we took efforts to create a union of appraisers to protect and represent our interests; however, due to the lack of knowledge and experience in this area, we did not know how to organize it all. It was also difficult for us to discuss pressing problems with the state regulator.”

With support from the Feed the Future Tajikistan Land Market Development Activity, the first step that independent appraisers took was to create the Association of Independent Appraisers of the Republic of Tajikistan. On August 2, 2017, they registered the new association. The leading audit and consulting companies in Tajikistan that provide appraisal services were the association’s founders: “Aiten Consulting Group” LLC, “BDO Consulting” LLC, “Grant Thornton” LLC, “Kreston AC” LLC, and “Beyker Tilli Tajikistan” LLC.

The association will facilitate the sustainable development of independent appraisal activities in Tajikistan, ensure the protection of its members, train local experts on appraising the market value of land use rights, promote market appraisal of land use rights and appraisal best practices through trainings and roundtables, monitor member compliance with the current legislation and international appraisal standards, and establish cooperation with the international community.

Mr. Nabiev emphasized the critical role of LMDA in increasing the capacity of the association. For example, in September 2017, LMDA organized a study tour to the Kyrgyz Republic and Kazakhstan for association members. Participants were able to gain a clear understanding on best practices in appraisal activity and discussed practical measures to ensure the association’s sustainability. The experience demonstrated the significant role of the Association of Independent Appraisers in furthering the development of appraisal activity in Tajikistan.

“The Feed the Future Tajikistan Land Market Development Activity recently commenced its activities, and it means that our farmers again have the opportunity to receive project support, obtain necessary information, and protect their land use rights,” says Mr. Rahmatullo Bobomurodov, head of the public organization “Shabakai tashabbuskoron” in the Khatlon region.

Tashabbuskors are local activists in jamoats who provide informational assistance to farmers. Tashabbuskors organize round tables and meetings with local government officials, and refer farmers to Legal Aid Centers to resolve land disputes.

In January 2017, Mr. Bobomurodov and his fellow tashabbuskors held a meeting and decided to continue their work as a formal network. Through the support of the Feed the Future Tajikistan Land Market Development Activity, they established their own public organization called “Shabakai tashabbuskoron,” and registered it with the Department of Justice on March 17, 2017.

The network’s main goal is to organize tashabbuskors’ activities in all jamoats of the 12 districts of the Khatlon region. They conduct information work on land issues in Tajikistan and increase awareness of farmers on their land use rights. Official registration of the tashabbuskors’ network will increase their capacity to independently carry out their work in jamoats.

Currently there are more than 40 tashabbuskors throughout the 12 districts, and the organization is planning to consider new members. The newly established organization will cooperate with the Feed the Future Tajikistan Land Market Development Activity to conduct round tables and meetings with farmers and local government officials, refer farmers to Legal Aid Centers, and continue to provide consultation for farmers and increase their land use rights awareness.

Reflecting on his experience as a tashabbuskor, Mr. Bobomurodov said, “I am proud of having chosen this path. Due to the support of the Feed the Future Tajikistan Land Market Development Activity, I am able to guide dehkans, provide citizens with information on new regulations adopted in the country in a timely manner, and — most importantly — help to solve land-related issues that dehkans face.”

In collaboration with the Public Organization “Network of Tashabbuskors,” the Feed the Future Tajikistan Land Market Development Activity provides accessible information on land rights to rural populations. The 67 tashabbuskors currently operating in the project’s 12 target districts play an important role in disseminating information to land users.

Dehkan farm owner Mr. Muhammad Sattorov is one of the many local farmers who has benefited from increased access to information about land rights. Despite having paid his land taxes on a timely basis, tax officers were insisting that he was required to make an advance payment. Additionally, tax authorities deemed that he was in debt, despite the fact that he was paying his taxes properly.

From the LMDA-grantee produced newspaper Agroinform TJ, Mr. Sattorov was able to obtain necessary information on land tax payments. Mr. Sattorov also attended a focus group in jamoat Mash’al of Vakhsh district, during which farmers exchanged knowledge about taxation and tax payments. Additionally, Mr. Sattorov spoke with tashabbuskor Mr. Boymurod Shoimov about his tax payments, who directed him to Mr. Rahmatullo Bobomurodov, the Head of the PO “Network of Tashabbuskors” for further detailed information. Mr. Bobomurodov provided Mr. Sattorov with information about taxation periods, types of taxes, and tax documentation.

After researching and obtaining this relevant information, Mr. Sattorov concluded that he had paid all required taxes on a timely basis, and that he had even paid certain taxes in advance. He went to see the local tax authority, who reviewed his records thoroughly and determined that he was exempt from certain taxes, including unified tax, land tax, and social tax for the next six months. This success story is one of many that showcase how access to information can benefit local farmers.

In June 2017, dehkan farm shareholders Ms. Shakarova Najafmo, Ms. Kasirova Olambibi, Ms. Shakarova Taqdir, Ms. Nodirova Zuhro, and Ms. Kholiyorova Ashurvi approached the Feed the Future Tajikistan Land Market Development Activity seeking legal assistance to aid in a dispute with their dehkan farm head. The five women are shareholders of dehkan farm “Sharifjon”, located in Nosiri Khisrav jamoat within Qabodiyon district. In 2016, a dispute arose between the shareholders of “Sharifjon” and the head of the dehkan farm due to the latter’s refusal to pay farmer salaries, violations of the shareholders’ rights to decide what to grow, and unequal distribution of the farm’s income. When farmers sought to withdraw their land shares and create a separate dehkan farm, the local government informed them that, as of October 2013, the dehkan farm did not include them as documented shareholders.

Complaints filed by shareholders at the jamoat and district levels, as well as with the land management committee, did not yield results. Resolution of the dispute was critical for the women, as their land shares are their only source of income and means to feed their families.
Lawyers on staff with the Feed the Future Tajikistan Land Market Development Activity provided legal assistance to the shareholders. Ms. Nodira Sidykova, LMDA Deputy Chief of Party, met with the shareholders, listened to their complaints, and studied their land use rights documents. This examination found that the dehkan farm head had falsified the documents in order to deprive the women shareholders of their shares and distribute them to other farmers.

After finding this proof of illegal exclusion from membership, project lawyers prepared and submitted a claim on behalf of the women to the Economic Court of Khatlon region. Ms. Sidykova defended the farmers’ interests in the court, which found that since October 2013 the five women had been illegally removed from the dehkan farm, with their land shares given to other individuals. On September 22, 2017, the court decided in favor of the shareholders and returned their land shares to them.

This success is just one example of the benefits of increased legal protection for rural populations, which will continue to be supported by the Feed the Future Tajikistan Land Market Development Activity through Legal Aid Center grantees providing daily consultations and information services to farmers and holders of land use rights in Khatlon region.