BENIN FOOD SECURITY AND LAND GOVERNANCE FACTSHEET

Similar documents
Securing Rural Land Rights: Experimental Evidence from the Plans Fonciers Ruraux in Benin

Annual World Bank Conference on Land and Poverty 2012

In search of land laws that protect the rights of forest peoples in the Democratic Republic of Congo

Land Reform in Madagascar: RealitiesR

Expropriation. Recommended Policy Wordings (full): Lao National Land Policy. Context. Policy. Standard of Public Purpose

Customary Land Tenure and Responsible Investment in Myanmar. Aung Kyaw Thein Land Core Group

ENABLING THE BUSINESS OF AGRICULTURE

Securing land rights in sub Saharan Africa

LAND TENURE IN ASIA AND THE PACIFIC CHALLENGES, OPPORTUNITIES AND WAY FORWARD

Applying a Community-Based Approach to Tenure Reform: Experiences from Northern Mozambique

Key Concepts, Approaches and Tools for Strengthening Land Tenure Security

Implementing the AU Declaration on Land Issues and Challenges. What role for Parliamentarians?

Developing Land Policy in a Post-Conflict Environment: The Case of Southern Sudan

Land Distribution in Cambodia

Participants of the Ministerial Meeting on Housing and Land Management on 8 October 2013 in Geneva

LAND REFORM IN MALAWI

THE LAND GOVERNANCE ASSESSMENT FRAMEWORK (LGAF): GLOBAL EXPERIENCE & LESSONS LEARNED FROM THE PHILIPPINES

LOW-COST LAND INFORMATION SYSTEM FOR SUSTAINABLE URBAN DEVELOPMENT

AFRICAN FORESTRY AND WILDLIFE COMMISSION

THE CONTINUUM OF LAND RIGHTS

Systematic Urban Titling in Benin

Tracking the progress in land policy formulation in francophone Africa countries. Claire GALPIN, France

TSO1C: Land Reforms. Commission 7

Mark Napier, Remy Sietchiping, Caroline Kihato, Rob McGaffin ANNUAL WORLD BANK CONFERENCE ON LAND AND POVERTY

SECURITY OF TENURE - BEST PRACTICES - Regional Seminar on Secure Tenure Safari Park Hotel, Nairobi June 2003

REFORM OF LAND CADASTRE IN LITHUANIA

Carbon Finance and Land Tenure Lessons from Sub-Saharan Africa

Improving Land Governance in River Senegal Valley Context, Issues and Challenges

TCP PROJECT AGREEMENT SUPPORT GOVERNMENT IN FORMULATION OF A NATIONAL AND GENDER SENSITIVE LAND POLICY GUIDED BY THE VGGT PRINCIPLES

G8-Tanzania Land Transparency Partnership

Presentation: Urban planning law reform in Latin America

SECURING COMMUNAL LAND TENURE THROUGH CERTIFICATES OF CUSTOMARY RIGHTS OF OCCUPANCY IN TANZANIA

LAND ADMINISTRATION REFORM IN GHANA DR W.ODAME LARBI PROJECT DIRECTOR GHANA LAND ADMINISTRATION PROJECT

Ownership Data in Cadastral Information System of Sofia (CIS Sofia) from the Available Cadastral Map

GUINEA. NOVEMBER 2008 This publication was produced for review by the United States Agency for International Development. It was prepared by ARD, Inc.

The AU Agenda on Land: Focus on Large Scale Land Based Investments in Agriculture

FORMALIZATION OF INFORMAL REAL ESTATE. Prof Chryssy Potsiou FIG President, UNECE WPLA bureau member

Shared Objectives and Partnerships in land management and administration BURKINA FASO

Addressing Land Sector Opportunities with Geospatial Information in Nepal

Implementing Innovative Land Tenure Tools In East-Africa: SWOT-Analysis Of Land Governance

PREPARATION FOR LAND CONSOLIDATION IN LITHUANIA. Vilma Daugaliene National Land Service under the Ministry of Agriculture

Governance of tenure Finding Common Ground. Voluntary Guidelines on Responsible Governance of Tenure of Land and other Natural Resources

How Swaziland Is Upgrading Its Slums

Evaluation of the regional consultation of Francophone Africa

1

Strengthening Property Rights in Pursuit of Poverty Reduction: Commentary on the 2010 Lesotho Land Reform Project

EXPERIENCES FROM THE KENYAN PROCESS

After Senegal and Mauritania, Welcome to the Gambia!

Land tenure dilemmas: next steps for Zimbabwe

WHAT IS AN APPROPRIATE CADASTRAL SYSTEM IN AFRICA?

Cadastral Template 2003

Providing access to land: challenges and solutions Lessons learnt by members of the International Land Coalition

The Governance of Land Use

contents Government and Governance Governance and Space Governance Space and Land Development, land and space Securities,

Decree on State Land Lease or Concession

LAND ADMINISTRATION DEVELOPMENTS IN RWANDA

Establishment of a land market in Ukraine: current state and prospects

Placing land rights at the heart of development

FIG-WB Forum on Land Administration

REFLECTION PAPER Land Police and Administration reform in Mozambique An economic view in GDP growth

Resettlement Policy Framework

GI support for land consolidation

Land Governance in Support of The Millennium Development Goals. Stig Enemark Paul van der Molen Robin McLaren

PROJECT INFORMATION DOCUMENT (PID) CONCEPT STAGE Report No.: AB3229 Project Name. Land Registry and Cadastre Modernization Project Region

Project Information Document/ Integrated Safeguards Data Sheet (PID/ISDS)

Land policies and land reforms in China: current situation and lessons to be learned for the future Dr. Michael Klaus

Tenure and Conflict. Tim Fella Land Tenure and Conflict Advisor USAID Land Tenure and Property Rights Division 19 February 2014

BULGARIAN CADASTRE A GUARANTEE FOR THE OWNERSHIP RIGHTS IN IMMOVABLE PROPERTIES

Public private partnerships between smallholders, ELCs and the RGC in Cambodia

COMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION STAFF WORKING DOCUMENT. Annex to the

Click to edit Master title style

Problems addressed by this example Land control is a priority issue for maintaining pastoralism in the region, in particular access to land for the

Public and State Land Management in Hungary

What Lessons can we learn from the Mexican Customary Land Registration System for African Customary Areas?

THE IMPORTANCE OF LAND TENURE TO POVERTY ERADICATION AND SUSTAINABLE DEVELOPMENT IN AFRICA: SUMMARY OF FINDINGS

Securing Land Rights for Broadband Land Acquisition for Utilities in Sweden

The Use of Cadastral Information in Projects Financed by the EU: The Hellenic Cadastre

Improving Access to Land and strengthening land rights of women in Africa

Establishing a Land policy reform and GPS Technology implementation in Burkina Faso

Land Tools for Tenure Security for All

ELECTRONIC DEEDS REGISTRATION SYSTEMS BILL

Strata Titles Act Reform Consultation Summary

GLTN Partner s Meeting November 1 st -6 th 2015

Land Reform Development in Rwanda. Kagera TAMP Lessons learnt. Workshop - Entebbe, Nov.2005

Presenter: Stein Holden

The management of state and public sector land

Standardization in the Cadastral Domain. Sub Working Group 1: Legal Aspects

The impacts of land title registration: evidence from a pilot in Rwanda. Daniel Ali Klaus Deininger Markus Goldstein Preliminary: Please do not cite

South Sudan Synthesis Report Findings of the Land Governance Assessment Framework (LGAF)

REFORMING LAND REGISTRATION IN CAMBODIA

ASSESSMENT OF CONSEQUENCES RESULTING FROM ABOLISHING THE OBSTACLES ON LAND TRANSACTIONS 1 SUMMARY

GLTN LAND TOOLS -SOME EXAMPLES-

WORLD BANK CONFERENCE ON LAND AND POVERTY REDUCTION THE WORLD BANK WASHINGTON D.C APRIL 2011

LAND ADMINISTRATION AND MANAGEMENT IN AFGHANISTAN

Valuation Methodology of Unregistered Properties in East Africa

Land Administration Developments in Rwanda

Toward a Land policy observatory in West Africa

Asset valuation. Advancing Methodology on Measuring Asset Ownership from a Gender Perspective

Some Suggestions Towards an Efficient Land Market in Kenya

AN OVERVIEW OF LAND TOOLS IN SUB- SAHARAN AFRICA: PAST, PRESENT AND FUTURE

Transcription:

BENIN FOOD SECURITY AND LAND GOVERNANCE FACTSHEET Abstract...1 1 Policy and legislation...1 1.1 Regulatory Land Governance Framework (rural land)...1 1.2 Land Tenure Forms...2 1.3 Institutional land governance framework...2 1.4 Gender...3 1.5 Foreign direct investment...3 2 Integrated Water Management...3 2.1 Regulatory Framework...3 3 Realities on the ground...4 4 Resources and other information...4 4.1 National Policy agenda 2012-2015...4 4.2 Donor support...4 4.3 Civil society organizations...4 4.4 References...4 Abstract 1 Increasing food production requires access to land and secure rights. In the south of Benin population density is high and land availability is relatively scarcer. In Benin, customary tenure systems dominate. Competition over land and natural resources is increasing, which may reduce access to secure rights for groups with a more marginalized position in the community (women, younger men), while competition with herders relying on mobility to access grazing lands, water and markets becomes more fierce and even violent. The new land policy and legislation may enhance tenure insecurity for those users who will be considered as tenants by customary land holders, seeking to obtain title or sell the land. This new policy is also stimulating land markets with urban based investors, companies, NGOs, religious congregation acquiring land through customary authorities, which are then formalized. 1 Policy and legislation 1.1 Regulatory Land Governance Framework (rural land) Benin is reforming its land policy and legislation. Implementation has now entered the pilot phase and about a 100 so-called plan foncier rural are being implemented with support of private consultants. The Millennium Challenge Cooperation (USA) is the major funder. Decentralization efforts have been significant for land governance. Legislative texts were voted in 1999 (laws n 97-029, 98-005, 98-007, 98-034 of 15 January 1999. The commune (local government) has become a central actor of land management. Government has transferred jurisdiction from the prefecture to the commune for issuing administrative deeds in the field of land tenure (Le Meur, 2006). 1 This country factsheet was prepared under auspices of LANDac The IS academy on land governanceand compiled by the Royal Tropical Institute (KIT - Martijn ter Heegde, Thea Hilhorst and Nicholas Porchet) at the request of the Ministry of Foreign Affairs The Netherlands. Contact: t.hilhorst@kit.nl

Legislation is reported to be in preparation obliging landholders to convert their certificate within a given period in to a land title, or they will loose ownership. Law 2007-03 on Rural land Holding in Benin Land policy (validated 2009, approved 2010) 2010 draft «code foncier et domanial» Establishes the rural land plans (Plan foncier rural) which are inventories (enquêtes) for confirming rights, makes compulsory the drawing up of a written contract in the event of final transfer (actes de contestation) and the registration at the state property department (certificats fonciers ruraux). Land Policy White Paper («Livre blanc de politique foncière» - décret portant Déclaration de politique foncière et domaniale au Bénin). The aim is to secure rights, facilitate investment and create a real estate market using land as an asset convertible to cash. The white paper discusses approaches for securing land rights and also the use of state land, land information systems, efficient (decentralized) land administration, and women s access to land Proposition that «certificats fonciers» should be converted -without costs- into titles within a given period of time by the bureau local compétent en charge de l immatriculation foncière 1.2 Land Tenure Forms There are various land tenure forms possible, but most land can be considered as untitled customary land. Land Tenure Types in Benin Titled Individual property Certificats Fonciers Rural (CFR) Agricultural parcel with a rural land certificate Individual concession by authorization Occupied state land Untitled customary land Land plot recorded in the legal framework (Property Title TF private property Individual property with a Rural Land Certificate (Certificat Foncier Rural); Will be delivered as part of the Plan foncier rural and have equal Concession granted to an individual or to a corporation through an administrative authorization Land belonging to the State (public land) but occupied by an individual Customary Lands without a Title (Titre Foncier) or a Rural Land Certificate (CFR); Land under collective rights 1.3 Institutional land governance framework A central tool for the implementation is the plan foncier rural (PFR), for which the approach has been developed over the last decade particularly with support of French researchers. The implementation of Benin land reform has been developed closely with the Millennium Challenge Account) and has a strong land administration/ surveying component. The PFR is a land use and tenure map which seeks to validate also secondary rights of for example women and those who are using natural resources. Rights are validated in presence of all land holders and users. Common lands are also included in the map. Some difficulties experienced during implementation are that secondary rights are easily forgotten and that part of the land owners are not present. Determining the limits between villages also proved

difficult. There are also villages that are reluctant to participate as they are not sure of the real intentions of government, as in the 1960s and 70s significant expropriation for state farms took place. The PFR has proven to be risky for land users, who are either evicted before the PFR arrives as landholders may fear that they will claim the land. Rents are also increasing. Where urban settlements are created (lottisement) fraud is common. In the context of PFR certificates will be issued. The PFR is implemented under responsibility of the Ministre de l'urbanisme, de l'habitat, de la Réforme foncière et de la Lutte contre l'erosion côtière. Local governments also play an important role. There is no domestic funding policy for the implementation of land reform at central and local levels) and limited skilled human resources. Both issues could seriously harm effective implementation and sustainability, as most activities are now undertaken with donor support and consultants. The role of customary authorities is still significant in rural areas. 1.4 Gender Women's access to land and natural resources is a major concern in Benin. In rural areas most women do not own land. Though policy and legislative efforts have been undertaken to promote women s right to land, customary practice continue to exclude female land ownership. 1.5 Foreign direct investment No distinction is made between nationals and non-nationals in legislation and regulations on land. Non- nationals can request a titre foncier. The government of Benin is promoting foreign direct investment and facilitates access to land titles 2. It is reported that this (informal) land market with non-nationals and companies seeking to acquire land is developing in both rural and urban areas, and that prices are increasing. Some have sub-divided the (urban) land, which have been sold. It is reported that the government is considering to limit access to land for non-nationals access to leases only. 2.1 Regulatory Framework 2 Integrated Water Management. Integrated Water and Resources Legislation in Benin Law Content loi N 2010-44 portant "Gestion Integrated management of water resources de l eau en République du Bénin Law n 93-009 of 02.07.93 and the related decree n 96-271 of 02/07/96 Distinguishes state forests ( domaine forestier classé ) and protected forests (non state forests) The Direction Générale de l Eau (DG Eau) with the dual mandate of managing water as a resource (Integrated Water Resources Management or Gestion intégrée des ressources en eau) and supporting municipalities in the provision of drinking water in rural and semi-urban areas. 2 http://www.mcabenin.bj/lettre-4-question-%c3%a0-qui-de-droit

3 Realities on the ground The PFR, if not implemented carefully and well monitored, may result in more conflict and loss of land rights for those having secondary rights. The growing land market can be at the expense of tenants and other users of land, when members of the customary kingdoms consider their custodian rights as plain ownership rights to be sold, even when not legitimate in local societies. Conflict between farmers and pastoralist is becoming more frequent and violent; mobility for herds is becoming increasing difficult. One of the main concerns of farmer organizations and communities is that customary authorities are selling off the land to domestic and international investors and speculators, who may either become a new kind of landlords or leave the land idle, thus increasing pressure on land for the others. Conflicts over land are frequent and partly the result of informal and unregulated land markets, where fraud is easy. 4 Resources and other information 4.1 National Policy agenda 2012-2015 o Implementation of the land policy o Developing legal framework o Building institutional capacity 4.2 Donor support The Millennium Challenge Cooperation compact is providing $36 million to assist in formulating land reform policy; modernizing the geodetic network and the administration of land documents and land information; transforming rural customary rights from an oral to a written and mapped system; and transforming weak administrative and contractual urban land rights into strong legal titles. MCC collaborates with GIZ and also AFD The World Bank has developed a land governance assessment framework in Benin (2010) 4.3 Civil society organizations Members of the International land coalition based in Benin: o CEBEDES-XUDODO - Centre for Environment and Development Economic and Social Council - www.cebedes.org o Réseau Béninois pour la Sécurité Foncière et la gestion Durable des Terres - sbrun@mcabenin.bj charly_tomavo@yahoo.fr Farmer organisations : Synergie paysanne (www. synergiepaysanne.org ) is specialising in land governance issues on behalf of farmer organizations in Benin - PNOPPA - Plate-formed national des organizations paysannes du Bénin. Synergie paysanne is monitoring particularly rural land acquisitions by domestic and international actors. 4.4 References

Dossou-Yovo, Clément and Basile Marius Gandonou. 2010. Politiques foncières et l accès des femmes à la terre au Bénin- départements de l Atlantique et de l Ouémé. WiLDAF/FeDDAF-BENIN, SERIE : FEMMES AGRICULTRICES ET DROITS, Cotonou Le Meur, Pierre-Yves. 2006. Land Rights and Land Conflict in Africa: the Benin Case. Research report, GRET-DIIS, for the Danish Ministry of Foreign Affairs October 2006 Tonato, José.N.D.Using the LGAF to feed into the domestic policy dialogue - Lessons from Benin s experience. Impact Consultants, Benin http://www.mcabenin.bj/projet/foncier