Annual World Bank Conference on Land and Poverty 2012
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1 Annual World Bank Conference on Land and Poverty 2012 Emerging Lessons from MCC/MCA-Sponsored Initiatives to Formalize Customary Land Rights and Local Land Management Practices in Benin, Burkina Faso and Senegal Kent Elbow, MCC Land Team André Zogo, MCA-Benin Koudrègma Zongo, MCA-Burkina Faso Alain Diouf, MCA-Senegal 1
2 Setting the Stage Purpose of paper: Share experiences implementing an important category of land projects: those aiming to formalize customary land property rights. Compile a checklist of issues for consideration by policy-makers, donors and land specialists considering sponsorship, design or implementation of a program to formalize land property rights. What is Land tenure formalization? Land tenure formalization refers to the granting of legal recognition and protection of informal usually unwritten land rights and practices. Why is formalization of customary land property rights important? Secures economically vulnerable populations/reduces poverty Appeals to local sense of fairness and avoids conflict Encourages productive investment 2
3 Setting the Stage (cont.) To what extent is formalization of land property rights supported by policy and legislation? National legislation in many West Africa countries increasingly recognizes customary land property rights and provides tools for formalization. -Law of 16 Oct 2007 in Benin -Law in Burkina Faso Where national legislation does not recognize customary land property rights (for example, Law of 17 June 1964 in Senegal), land projects may be able to support formalization within the existing legal framework. - In Senegal local governments grant use rights to land and have discretion to account for customary land rights Why is it important to share emerging lessons? Formalization of customary land property rights remains experimental Customary land property rights systems are dynamic and evolving Formalizing unwritten land property rights is complicated and can benefit from a robust dialogue across the land practice community 3
4 Overview of Three MCC MCA Land Projects Country Project Title Major Activities Timeframe Budget ($ million) Benin Burkina Faso Senegal Access-to- Land Project Rural Land Governance Project Land Tenure Security Activity Policy/Legal Reform Formalize property rights Land services Information/education/com munication Policy/Legal Reform Institutional Capacity Reinforcement Site specific activities Secure and formalize land property rights in new and existing irrigation perimeters Oct 2006 Oct 2011 July 2009 July 2014 Sept 2010 Sept
5 Featured activity: Property Rights Inventory and Mapping (PFR) Target: 300 villages (3,000 total in country) Complementary programs to protect vulnerable populations and formalize secondary (use) rights Benin 5
6 MCA-Benin Emerging Lessons Need for a post-project consolidation strategy -Challenge 1: complete planned program by end-of-project -Challenge 2: develop necessary local capacity -Challenge 3: adapt new processes and tools to locality Technological choices have implications for accessibility and sustainability -How much (geographical) precision is enough? -Should technological decisions be left to technicians? It can be a significant challenge to identify and protect secondary land rights -Sometimes cultural and sociological constraints to declaration of secondary rights -Difficult to develop tools and processes to formalize multiple types of secondary rights as they currently exist (dynamic, some short-term) 6
7 Burkina Faso Featured activities: Communications Decentralized land services Land conflict management Rural Land Charters 7
8 MCA-Burkina Faso Emerging Lessons There s a difference between implementing and piloting legislative reforms -There s more to a law than its framework -Need time for trial an error Community or common property land and resources deserve special tools and attention -The rural land charter fills a gap -The modern side of customary practices Effective communications are essential, and a variety of program activities can contribute -Multiple benefits of the environmental and social checklist 8
9 Senegal Featured activities: Property rights inventory Participatory development of land allocation criteria 9
10 MCA-Senegal Emerging Lessons It pays to invest in knowing the terrain Baseline identification of customary property rights on a massive scale can be a feasible option, but only with adequate time and resources Involving stakeholders in formulation of policies that can affect their livelihoods strengthens participation and buy-in to the broader land formalization initiative 10
11 11
12 THANK YOU 12
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