Democratizing Governance on Land towards Enhanced Access of the Poor to Land and Common Property Resources

Transcription

1 2012 ASIA LAND FORUM Democratizing Governance on Land towards Enhanced Access of the Poor to Land and Common Property Resources A review and perspective of issues discussed tonyquizon@yahoo.com

2 3 Forum Objectives Identify challenges & opportunities on land governance Reflect on experiences & lessons in governance processes communities, GOs, CSOs Outline strategies & courses of action to ensure good land governance

3 Six Themes Discussed Cambodian context 1. Perspectives on land governance from poor sectors 2. National land use opportunities & challenges 3. Land administration & management projects Asian experiences 4. Investments in land and agriculture 5. Enhancing CSO engagement in regional & international processes 6. Moving forward/ next steps?

4 1. Land Governance: Different Definitions Land governance concerns the rules, processes and structures through which decisions are made about the use of and control over land, the manner in which the decisions are implemented and enforced, and the way that competing interests in land are managed. It encompasses statutory, customary and religious institutions. It includes state structures such as land agencies, courts and ministries responsible for land, as well as non-statutory actors such as traditional bodies and informal agents. It covers both the legal and policy framework for land as well as traditional and informal practices that enjoy social legitimacy. (FAO, 2009) Land governance means implementation of laws, policies to manage land, property & natural resources Sec Chhan Saphan

5 Land Governance: the reality Land governance is not just a technical matter of land administration tools, surveys & cadastres. Rather, land governance is also about power and the political economy of the land Neither is land governance just about the formulation & implementation of laws, policies & management of resources. It is also about the distribution and allocation of rights and entitlements.

6 Meeting in the Cambodian Context Cambodia as a unique case: Four property regimes within the last 40+ years: private smallholdings under constitutional monarchy Khmer Rouge regime ( 75-79) Vietnamese/krom samaki (79-89) free market economy/ 2001 Land Law After Paris peace agreement in 1991, donorinfluenced land policies; major land administration program Now, high levels of land conflict Is this the way to go?

7 2. Land titling & administration projects in Asia Initial context: started in the 1990s, spurred by: De-collectivization & privatization after fall of the Soviet Union; push for capitalist/free market policy reforms Globalization & breaking down of trade barriers (after Washington consensus, 1989) Peace agreements & new land policies (Cambodia 1991; 2001) Earlier de-collectivization in China (HRS, 1978) and Vietnam (Doi Moi, 1981) need for securing property rights

8 Land titling & administration projects in Asia 2 Initial perspectives of land administration Establishing internal peace/ avoiding conflict Strengthening & securing land entitlements esp for the poor & weak sectors Meeting food/ basic needs security But LA projects & land policy also began to embrace other objectives i.e., maximizing economic growth; attracting foreign investments There was also n emergent strategy of creating land markets where land itself became the commodity

9 Land titling & administration projects in Asia 3 Cases from Cambodia, Indonesia, Lao PDR, Mongolia, Nepal Gains in terms of secured titles & improved efficiency in administration But, some issues arising: Conflicting land policies: ex, social land concessions (SLCs) vs economic land concessions (ELCs) in Cambodia Corruption in the allocation & securing of lands; granting of land concessions Land to the highest bidder versus strengthening & securing land entitlements esp for the poor & weak sectors; displacement & eviction

10 Reflections on land titling & administration projects The key question is the viability of improving access for the poor through more efficient land markets and land titling and administrative systems Can more efficient land markets and administration work in favor of the rural poor? it can also lead to greater land concentration for those with power and capital. To what extent are markets equitable allocators of goods?

11 Reflections 2 Titling and land administration are not necessarily land reform, although they can contribute to reform Land administration constitutes only a part of land governance, which also deals with power & entitlements Land governance should be seen in its broader context that is, ensuring political and social rights for citizens; transparency and accountability of government and other institutions

12 Reflections 3 Translating policy into action requires other actions ex, monitoring, capacitybuilding Vibrant civil society is needed for good land governance Land governance does not only come from the top; it can also come from below as an assertion of rights through the countervailing power of people & communities asserting their rights need for organizations & alliances

13 Reflections 4 Individual titling is not the only way to secure rights for the poor; another is the recognition of traditional systems (communal rights) for Asia s 260M IPs Underlying debate is between indigenous communalism vs state sovereignty and modern individualism that underpins property laws Need to deal with rights of the vulnerable (rural women) Underlying debate is between universal human rights vs religious, social, and minority rights Statutory vs customary land rights & land use Conflicting state policies can create rent-seekers

14 3. Land use policy & planning Similarly, land use policy is an instrument to allocate and manage lands among different sectors Land use must contend with multiple & conflicting objectives food security, economic growth, basic services, environmental conservation & management Case initiatives discussed: South Asia: Bangladesh, India, Nepal, Pakistan SE Asia: Cambodia, Indonesia, Philippines

15 Land use policy & planning 2 A central debate: the erosion of small farmer agriculture in Asia Conversion of agricultural lands other uses Onfarm conversion: from food cash crops Livelihoods: from farmers laborers * protection of small farmers will need policies that directly support small farmers (focus on sector & communities, rather than on land use) People in the commons may be disenfranchised due to the tendency of spatial planning systems in some cases to treat areas as empty spaces ; ex, forests seen as resources, rather than as human habitat & livelihoods, wastelands

16 4. Investments in land and agriculture Cases: Cambodia, Indonesia, Pakistan The new foreign investors seek resources (land, water) rather than just commodities and markets. The investments are also much larger in scale. Global capital will invariably seek out those enclaves where land, water and natural resources are abundant and cheap, labor is cheap and docile, taxes are low, environmental and social regulations are minimal, and the state protects investment interests. (ABQ, 2012)

17 Investments in land and agriculture 2 Countries where most foreign land investments ( landgrabs ) are taking place also historically experienced weak land governance, had no major land reforms, and where land remains concentrated among a few or with the central state: Pakistan: 3 failed reforms, military land grants Indonesia: BAL 1960 not implemented; reverse land reforms; 70% state/ forestry lands Cambodia: 4 property regimes

18 Investments in land and agriculture 3 Negative impacts & issues Concessions that cause displacement, eviction, violation of HRs Discord between laws & reality Further disenfranchisement & marginalization of rural poor from habitat & livelihoods Question of surrendering long-term food & resource security for short-term gains Overall displacement of smallholder agriculture

19 Investments in land and agriculture 4 Need for citizenship and governance: Citizens should exact transparency and accountability from their government, ensuring that government regulates foreign investments so that its citizens derive maximum benefits that people s needs are prioritized and their rights are protected. Governments must institute clear policies on foreign land investment that take into account the overriding interests of the country from food security to environmental sustainability

20 5. How? Opportunities for improving land governance/ CSO engagement? Actually, we are now talking about safeguards rather than about opportunity Proposed ASEAN investment policy International guidelines, FPIC, protecting areas for agriculture, contract standards, EIAs Guidelines to be adopted by governments Voluntary guidelines on responsible governance of land and other resources (FAO) Land Governance Assessment Framework (WB) Donor compliance policies Responsive agricultural investment (WB) Involuntary resettlement safeguards (ADB)

21 Opportunities for improving land governance/ CSO engagement? 2 International UN Declarations & Conventions Elimination of Discrimination against Women UN Declaration on the Rights of Indigenous Peoples/ UN IP Tribunal CSO monitoring & advocacy Human rights watch/ CHRAC LandWatch-Asia ILC land monitoring Monitoring land registration/ Vigilance

22 Opportunities for improving land governance/ CSO engagement? 3 Key concerns: Even if there are existing laws, these are not enforced or implemented How do we ensure enforcement or compliance? Rights cannot be secure unless they are enforceable Where are actual arenas or platforms for debate and decision-taking? Where are the political spaces for the poor whose voices should really matter? Capacity for independent monitoring and gathering evidence, esp by civil society?

23 6. Moving forward/ next steps CSO monitoring & evidence-gathering for policy discussion/advocacy Capacity-building for CSOs Utilizing existing policy handles (guidelines, donor conditionalities, UN & international conventions & bodies, ASEAN) as basis for monitoring/ negotiating with governments & state bodies

24 Next steps 2 Set of reports & recommendations from: South Asian group SEAsian group Cambodian group What were presented: Content & perspective of advocacy efforts (rightsbased frameworks) Opportunities for pursuing land governance at different levels (national, international, regional) Strategies & mechanisms for engaging gov ts & private sector How to continue exchange & networking initiatives

25 Next steps 3 Solidarity actions: Statement of solidarity and support for the ongoing Jan Satyagraha (thru EP) Statement for ASEAN people s forum (thru Cambodian NGOs)

26 Thank you! Maraming salamat po!