Understanding, Preventing And Solving Land Conflicts

2y ago
2.78 MB
156 Pages
Last View : 2m ago
Last Download : 1y ago
Upload by : Joanna Keil

Understanding, preventing andsolving land conflictsA practical guide and toolbox

As a federally owned enterprise, GIZ supports the German Government in achievingits objectives in the field of international cooperation for sustainable development.Published by:Deutsche Gesellschaft fürInternationale Zusammenarbeit (GIZ) GmbHRegistered officesBonn and Eschborn, GermanyFriedrich-Ebert-Allee 36 4053113 Bonn, GermanyT 49 228 44 60 - 0F 49 228 44 60 - 17 66E info@giz.deI www.giz.deProgramme/project description:Division Rural Development and AgricultureSector Project Land Policy and Land ManagementP.O. Box 518065726 Eschborn, GermanyAuthor:Babette WehrmannResponsible:Jana Arnold, Sector Project Land Policy and Land Management, GIZDesign/layout:Jeanette Geppert pixelundpunkt kommunikation, FrankfurtPhoto credits/sources:Cover Jan Birck; p. 141 GIZ Philippines/Philip Largo A nghag; p. 132 Majd Gaith Wadi Hilweh Information Center; p. 143 GIZ Colombia/Helber Noguera; p. 135 (lower pictures), 137 GIZ-LMDP Laos/Khankeo Oupravanh; p. 82 GIZ Peru/Ronald Saucedo; p. 135 (upper picture) GIZ-LMDP Laos/Sompheng Voravong; p. 15,17,19,23,128,129,131,138 Babette Wehrmann; p . 51 GIZ Peru/Sondra WentzelURL links:This publication contains links to external websites. Responsibility for the contentof the listed external sites always lies with their respective publishers. Whenthe links to these sites were first posted, GIZ checked the third-party contentto e stablish whether it could give rise to civil or criminal liability. However, the constant review of the links to external sites cannot reasonably be expectedwithout concrete indication of a violation of rights. If GIZ itself becomes aware oris notified by a third party that an external site it has provided a link to gives riseto civil or criminal liability, it will remove the link to this site immediately. GIZexpressly dissociates itself from such content.Maps:The maps printed here are intended only for information purposes and in noway constitute recognition under international law of boundaries and territories.GIZ accepts no responsibility for these maps being entirely up to date, corrector complete. All liability for any damage, direct or indirect, resulting from theiruse is excluded.GIZ is responsible for the content of this publication.Printing and distribution:Schleunungdruck GmbH, Eltertstr. 27, 97828 MarktheidenfeldPrinted on 100% recycled paper, certified to FSC standardsEschborn, April 20172

Understanding, preventing andsolving land conflictsA practical guide and toolbox3

PREFACEPREFACEToday’s high population growth coupled with climate change, natural disasters and large-scale economicglobalization puts increasing pressure on land, which in turn becomes increasingly scarce and thereby subject to conflict – often boosted by fragile institutions, weak governance and gender gaps. The rush forland, global commercial pressures on land, land grabbing, involuntary resettlement due to large infra structure projects, migration due to desertification, displacements due to violent clashes as well as boundary disputes between neighbours and inheritance conflicts over land between siblings – the scope ofland conflicts is enormous.Land conflicts can be the result of deeper root causes (e.g. climate change, desertification, immigration, lackof legal recognition of land rights, need and greed etc.) and also be a source of broader conflict by itself(e.g. social unrest). Accordingly, land issues play a key role in conflict transformation and peacebuilding.Land conflicts as well as the maltreatment or neglect of land issues in post-conflict situations often haveextensive negative effects on economic, social, spatial and ecological development. Solving and preventingland conflicts as well as addressing land issues responsibly in both conflict and post-conflict situations iskey to any inclusive and sustainable development, peace and stability, and the realisation of human rights,making land conflict prevention and solution – coupled with the establishment of a responsible land governance framework – key cornerstones for the achievement of the Sustainable D evelopment Goals (SDGs).In the past, Germany has actively supported international guidelines and policies, which explicitly d emandsustainable land management and secured access to land – especially for disadvantaged groups – suchas the SDGs, the New Urban Agenda (Habitat III), the Voluntary Guidelines on the Responsible Governanceof Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT), the Conventionto Combat Desertification (UNCCD) and the Principles for Responsible Investment in Agriculture and Food Systems (CFS-RAI). In addition, the Federal Ministry for Economic Cooperation and Development (BMZ)currently supports the improvement of land tenure security for disadvantaged groups in selected countrieswithin the special initiative “One World - Without Hunger”.This guide has been written for all those practitioners who are confronted with land conflicts in thecourse of their work or are in a position to prevent them and/or include land governance as one pillar inpost- conflict policies. It aims to broaden the understanding of the complexity of causes that lead to land conflicts in order to provide for better-targeted ways of addressing such conflicts. It also provides a numberof tools with which to analyse land disputes. Successful analysis is seen as a vital step towards their eventual settlement. In addition, this guidebook discusses a wide variety of options and tools for settlingongoing land conflicts and for preventing new ones. The guide also includes a chapter on the role of land in(violent) conflict and peacebuilding and it presents a broad range of good practices from a project level.The guide provides useful gender-sensitive training material that can be used for specific lectures on landdisputes as well as in general courses on land administration and land management. For this purpose, acomplementary training manual has been developed that enables trainers to prepare lectures and seminarson the issue.Bonn/Eschborn, April 2017Christel Weller-MolonguaHead of DivisionRural Development and AgricultureSector and Global Programmes4

ACKNOWLEGEMENTSACKNOWLEDGEMENT TO THE REVISED/SECOND EDITION (2017)The author wishes to thank Fahria Masum who supported the literature search for the update of the manualand Philip Largo Anghag, Ekaterina Meskhidze, Helber Noguera, Khankeo Oupravanh, Cordula Schmüdderich,Alexander Strunck, Christian Voelkel, Sondra Wentzel and Benjamin Werner for providing (inputs for) projectexamples and the case studies. Special thanks go to Jana Arnold, Jorge Espinoza, Anita Hernig and WilliZimmermann for reviewing the guide and providing comments and inputs. Thanks also goes to Sam Solomanfor proofreading the text.ACKNOWLEDGEMENTS TO THE FIRST EDITION (2008)This manual benefited greatly from the invaluable insights of Cynthia Odametey on customary land conflictresolution and commentaries on the first draft provided by Geoffrey Payne, Florian Rock and André Depping.The author would also like to express her sincere thanks to the international students of the master’s programme in Land Management and Land Tenure at TU Munich supported by GTZ (now GIZ). These studentsare experts on land issues and familiar with land conflicts in their many home countries; they greatly contributed to discussions on the topic as well as volunteered in the testing and application of some of the tools for analysis described in this guide. A number of students contributed additional insights in theprocess of doing their master’s theses on the subject of land conflicts. Some of the examples in this guideare taken from their research.The author is also grateful to Wael Zakout (World Bank), Mika-Petteri Törhönen (FAO) as well as ClarissaAugustinus and Szilard Fricska (both UN-HABITAT) for extensive and fruitful discussions on land governance.Special thanks is due to Willi Zimmermann for his advice and ideas. The author owes a depth of gratitude tohim and Jürgen Schäfer for supporting her logistically and for introducing her to key persons dealing withland issues in Phnom Penh and Accra where she conducted research on this issue between 2001 and 2004.The author would also like to thank Beng Hong Socheat Khemro and Sulemana Mahama who represent allthe members of the ministries and administration who supported this research; also to Baffor Gyan, TimothyAnyidoho, Dey Venance, Mercy Afiba Cudjoe, Claudia Enty-Donkor, Samuel Gyarteng, Lor Chunn Pau, SanPhyrum and Sy Rathmony who conducted interviews with local people in Accra and Phnom Penh. Thanks isalso due to Wolfgang Fink for the professional guidance of the socio-drama.The author is also grateful to Prof. Günter Mertins, Prof. Seth Asiama and Prof. Kasim Kasanga for the scientific exchange.5

TABLE OF CONTENTSTABLE OF CONTENTSPrefaceAcknowledgementsList of figuresList of tablesList of boxesList of acronyms and .512242526332.3.Understanding land conflicts342. of land conflictsCauses of land conflictsConsequences of land conflictsClassification of land conflictsConcepts for review, questions for discussion, exercises, further readingAnalysing land conflicts513.1 Types of information/data needed for land conflict analysis3.2 Tools to visualize (data on) land conflicts3.3 Toolbox I: Tools for land conflict analysisTool 1: Rapid Land Tenure Assessment (RaTA)Tool 2: Land conflict stakeholder analysisTool 3: Gender analysis in the context of land conflict assessmentTool 4: Learning history for conflict analysisTool 5: Socio-drama re-enacting the land conflictTool 6: Analysis of Disputants Mode (AGATA)Tool 7: Rapid Assessment of Land Tenure Conflicts – a set of tools to analyseland conflicts3.4 Concepts for review, questions for discussion, exercises, further reading68694.71Dealing with land conflicts4.14.26The scope of the problemDefining land conflictsThe challenge of asymmetry in land conflictsInternational policies and instruments addressing land conflictsConcepts for review, questions for discussion, exercises, further readingApproaches to uncover hidden land conflictsForms of conflict resolution4.2.1 Non-consensual approaches4.2.2 Alternative Dispute Resolution4.2.3 Consensual approaches4.2.4 Mediation4.2.5 Customary land dispute resolution4.2.6 Religiously based land conflict resolution4.2.7 The cultural dimension of conflict resolution525860606263646567727476777879828586

TABLE OF CONTENTS4.3 Land dispute resolution bodies4.3.1 Land courts4.4 Toolbox II: Measures and tools to solve land disputes4.4.1 Awareness raising tools creating mutual understanding derived fromdramatic artsTool 8: Socio-dramaTool 9: Street theatre and puppet theatreTool 10: Radio plays, TV soaps and spots as well as YouTube media4.4.2 Land administration and management toolsTool 11: Handling mapsTool 12: Inventorying and recordingTool 13: Participatory mappingTool 14: SurveyingTool 15: Land tenure rights analysis and creation of tenure securityTool 16: Participatory enumeration and people managed resettlementTool 17: Participatory land use planning for land conflict resolutionTool 18: Participatory land readjustment, land sharing and land poolingTool 19: Establishing fair compensationTool 20: Institutional analysis and advice to ensure proper land administration, land management and public land management4.4.3 Legal tools and measuresTool 21: Legal analysis/assessment and adviceTool 22: Recognizing customary tenure rightsTool 23: Public land recoveryTool 24: Local land use conventions/agreementsTool 25: MoratoriumTool 26: Legal empowerment, in particular legal aid and measures to increaselegal literacy4.4.4 Tools and measures to improve land dispute resolutionTool 27: Land dispute resolution assessmentTool 28: Measures to improve the institutional set-up for land conflict resolution4.5 Concepts for review, questions for discussion, exercises, further reading5.Preventing land conflicts5.1 Raising awareness on land conflict causes and developing strategies for theirprevention5.2 Improving land administration, management and governance5.3 From land grabbing to responsible large-scale land-based investments5.4 Assessment and monitoring5.5 Toolbox III: Measures and tools to prevent land disputes5.5.1 Awareness raising measures and the promotion of preventive strategiesTool 29: Research and widespread communication of the resultsTool 30: Education and trainingTool 31: 1107

TABLE OF CONTENTS5.5.2 Land administration and management toolsTool 32: From systematic recording and registration of all legitimate land tenurerights to fit-for-purpose land administrationTool 33: From public land inventories to responsible public land managementTool 34: Participatory land use planning for land conflict preventionTool 35: Creation of standards for surveying, registration, valuation, land useplanning, construction, etc.Tool 36: Leveraging land value (increases)Tool 37: Participatory land policy development and implementation5.5.3 Legal tools and measures promoting ethic values and improving legislationTool 38: Land tenure regularizationTool 39: Codes of conductTool 40: Improving legislationTool 41: Disseminating information on land laws, rights and duties5.5.4 Assessments and monitoring for land conflict preventionTool 42: Land governance assessmentTool 43: Land tenure impact assessmentTool 44: Gender land tenure (impact) assessmentTool 45: Impact assessment and monitoring of large-scale land-based investments5.5.5 Additional measures beyond the land sectorTool 46: Public and private investment in the housing marketTool 47: Improving transparency over large-scale land-based investments priorto decision-making (disclosure)Tool 48: Respecting free, prior and informed consent (FPIC) in relationto land acquisition5.6 Concepts for review, questions for discussion, exercises, further reading6.The role of land in (violent) conflict and peacebuilding6. as a cause of broader conflictThe role of land during conflictThe role of land in post-conflict settings and peacebuildingConcepts for review, questions for discussion, exercises, further reading7.Case studies - Good practices from a project level7.1 Burkina Faso: Local agreements to prevent land disputes that may arise fromsoil rehabilitation measures (do-no-harm approach)7.2 Palestine: Providing accessibility to high quality spatial data to prevent landconflicts7.3 Laos: Monitoring of land-based investments to prevent and solve encroachmentsof protected areas and villagers’ land7.4 Georgia: Legal advice and capacity development for legal practitioners to solveland disputes7.5 Philippines: Capacitating indigenous communities to deal with contested land claimswithin ancestral domains7.6 Colombia: Encouraging constructive dialogue to solve a long-standing land conflictbetween the indigenous Barí people, the Colombian state and territorial 1121121122127128129132135138140143145146

TABLE OF CONTENTSList of figuresFig. ig.Fig.Fig.Fig.234567891011121314151617Areas of land administration and management needed to secure and regulateproperty rights to minimize land conflictsFactors influencing people’s position and behaviour in a conflictInterdependency of land conflict causesThe broader conflictStages of conflictFriedrich Glasl’s model of conflict escalationConflict OnionConflict map – the case of Diamond IslandThe steps in RaTA analysisPRA-based land conflict matrixRapid Assessment of Land Tenure ConflictsStrategies of conflict resolution and influence of third partyStages of conflict escalation and possible forms of dispute resolutionAlternative Dispute Resolution (ADR)The role of facilitators, moderators, conciliators and mediatorsThe role of a mediatorTimor’s Land and Property Dispute Resolution System designed for the Landand Property Directorate4143444755565758616369757577797989List of tablesTab.Tab.Tab.Tab.Tab.Tab.123456Tab. 7Tab. 8Tab. 9Tab.Tab.Tab.Tab.10111213Individual property rights and conflicts about themOverview on relevant SDG targets and indicators for land conflict preventionTypes and sub-types of land conflictsTypical land conflicts in urban, peri-urban and rural areasCauses of land conflictsPeople killed in communal conflicts over land or land-related resources in Africa,1999-2011Classification of land conflicts according to their social dimensionConflict matrix – the case of an illegal sale of state landActors and their positions, interests, needs, desires and fears – the case ofmultiple sales of land in Accra, GhanaTable for learning historyPotential land conflict resolution bodies (examples)The key principles of the fit-for-purpose approachOverview on good practices from project level: countries and approaches24283540454850545764871111289

TABLE OF CONTENTSList of boxesBox 1Box 2Box 3Box 4Box 5BoxBoxBoxBoxBoxBoxBoxBoxBoxBox6789101112131415Box oxBoxBoxBoxBox242526272829303132Box 33Box 3410Land conflicts in the daily pressConflicts over land can also entail claims over other natural resources,in particular waterNew landowner in Ghana trying to prevent a multiple sale by the previous ownerSquatter settlers in Phonm Penh have regularly been evictedCadastral boundaries not always reflecting the situation on the ground,example from KosovoTypical African land use conflicts are about agricultural versus pastoral land useExclusiveness of the Phnom Penh housing marketPeasants vs. latifundistas in VenezuelaVoluntary Guidelines on the Responsible Governance of Tenure (VGGT)Key paragraphs from the New Urban Agenda dealing with land and ways to handle itResolution GC23-17 on Sustainable Urban Development through Expanding EquitableAccess to Land, Housing, Basic Services and InfrastructureAbout the complexity of land conflictsImpact of land conflicts on women – an example from KenyaNeed for thorough land conflict analysis, the case of the Peruvian AmazonTwo sides of a land conflict – the example of the gecekondus(timeline, learning history)Conflict tree showing core problem, causes and consequences – the caseof Diamond Island in Phnom Penh, CambodiaScene from a socio-drama about a forest use conflict in EthiopiaResolution of disputes over tenure rights (VGGT 21)The Ndungu Report – an unprecedented exampleSold! Public campaign against illegal allocation of state land in CambodiaAlternative dispute resolution for solving land conflicts in GhanaSupporting forest land conflict resolution in Indonesia through mediationMediation of a land conflict by a regional indigenous organization, San Martin,Peru 2016Customary land dispute resolution in GhanaCustomary land dispute resolution – in a nutshellLocal land conflict resolution by religious institutions in KabulWide variety of (local) land dispute resolution bodies in Burkina FasoEnvironment and Land Court, KenyaSpecial Land Dispute Court in Afghanistan – a lesson learntKey provisions on compensation from the VGGTIFC Performance Standard 5 Land Acquisition and Involuntary ResettlementThe right of displaced persons to voluntary return and the protection oftheir property rightsGuidance on how to address land issues in peace agreementsProperty regularization at the heart of peacebuilding in 81828384858890909798123124125

TABLE OF CONTENTSList of acronyms and abbreviationsADRAGATAAlternative Dispute ResolutionAnalysis of Disputants ModeBMZBundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung(Federal Ministry for Economic Cooper

land, global commercial pressures on land, land grabbing, involuntary resettlement due to large infra-structure projects, migration due to desertification, displacements due to violent clashes as well as boundary disputes between neighbours and inheritance conflicts over land between siblings – the scope of land conflicts is enormous.

Related Documents:

9.1 Properties of Radicals 9.2 Solving Quadratic Equations by Graphing 9.3 Solving Quadratic Equations Using Square Roots 9.4 Solving Quadratic Equations by Completing the Square 9.5 Solving Quadratic Equations Using the Quadratic Formula 9.6 Solving Nonlinear Systems of Equations 9 Solving Quadratic Equations

3-303 Preventing Contamination from Ice Used as a Coolant 66 3-304 Preventing Contamination from Equipment, Utensils, and Linens 66 3-305 Preventing Contamination from the Premises 70 3-306 Preventing Contamination by Consumers 71 3-307 Preventing Contamination from Other Sources 72 3-4 DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH

Contents PROLOGUE 8 INTRODUCTION 10-11 1 WHY LAND 13 1.1 Land, power and democracy 14 1.2Land and conflict 16 1.3 Land and development 16 1.4 Land and organized crime 18 2. MORE LAND IN FEWER HANDS 21 2.1 The largest 1% of farms occupy over half of agricultural land 23 2.2 The smallest 80% of farms occupy less than 13% of land 25 2.3 The gender gap in access to land 27

understanding in problem-solving is needed to improve their problem-solving skill. The previous research showed that map meetings learning including summary lecture, problem-solving session, and the plenary could help the novice students in understanding the physics concept and develop the problem-solving skill [11]. Therefore, this

The variety of land use and land cover data needs is exceedingly broad. Current land use and land cov er data are needed for equalization of tax assess ments in many States. Land use and land cover data also are needed by Federal, State, and local agencies for water-resource inventory, flood control, water Cited by: 4883Publish Year: 1976Author: James R. Anderson, Ernest E. Hardy,

urban land is owned by the public sector, land is by far the most valuable asset on the . In 1990, the State Council formally affirmed land leasing as public policy. By 1992, Shanghai and Beijing had adopted land leasing as local practice, and it . The purchaser of a land lease acquires land rights for a period of 40 to 70 years, depending .

the land use/ land cover maps prepared for the two different years using multi-date satellite data i.e. 2005-06 and 2011-12. The distribution of land use/ land cover classes in the study area in 2005-06 and 2011-12 (Map 3 & 4) is represented in Table 1. Table1: Statistics of land use / land cover

Update to reflect user’s comments Version 2 1.3.16 Hugo den Boogert UEQ31 Update to reflect new developments and user’s comments Version 0 1.10.2018 Habsi, Haitham UEQ32 Revised entirely to SP (previously, it was PR-1708) iii Related Business Processes Code Business Process (EPBM 4.0) iv Related Corporate Management Frame Work (CMF) Documents The related CMF Documents can be retrieved from .