D+C Development and Cooperation (No. 2, March/April 2002, p. 15 - 18)

The UN Commission on Sustainable Development and the World Food Summit are now putting much more emphasis on the need to link poverty reduction strategies with structural reforms, good governance, ecological sustainability and economic development. The majority of the poor are living in rural areas where they are denied fair access to land and other productive resources. The updated strategy for rural development must therefore focus more on fighting poverty and strengthening the role of the rural poor.

Improved access to land through land reform and other forms of land distribution is again one of the pillars for the strategy on poverty reduction. For the majority of population in rural areas land and access to natural resources are the basis for income generation. In the 1970’s and 80’s sectoral perspectives often dominated the land reform agenda, expecting land reform to make a considerable contribution to strengthen disadvantaged groups and mobilise the agricultural sector.

But during the last decade new alliances and the international dialogue on sustainable development have contributed to put the new generation of land reform into a much wider development agenda with enhanced poverty focus. Full integration in national policy dialogues, democratisation of rural institutions, strengthening local governance, diversifying the rural economy through innovative rural-urban linkages and empowerment of the rural poor are essential components or in part complementary actions of a modern land reform program.

Four main subordinate and interrelated objectives of a modern land reform program are 1) equality and social justice, 2) efficiency and the promotion of economic development 3) environmental protection and sustainable land use pattern 4) right-based policy orientation (Kirk).

The German government through the Ministry for Economic Cooperation and Development (BMZ) and German organisations for development cooperation are now forming new alliances for promoting an updated strategy for land reform in the framework of poverty reduction and sustainable development. Principles for development cooperation on regional rural development, gender promotion, natural resource management, agricultural policy and decentralisation now incorporate fair access to land and security of land rights as an integral component. A few examples of promising actions may reflect the new approach.

• The organisation of the international conference on ‘Access to Land: Innovative Agrarian Reforms for Sustainable Development and Poverty Reduction’ (Bonn, March 2001). 125 representatives of civil society organisations, governments and international institutions coming from 20 countries examined different experiences and perspectives of agrarian reform in order to promote awareness and seek better solutions for implementation. Beside country presentations four working groups on Human Rights, Land Markets, Democracy and Civil Society and on Sustainable Rural Development were formed and reflected the complexity of the land issue discussion. The Bonn Statement on Access to Land summarises the main points of discussion and might be regarded as the platform of enhanced global advocacy for land reform promoted by multiple partners from governments and civil society organisations.
• The Global Alliance on Land Policy promoted by the World Bank and supported by multilateral and bilateral organisations (including the GTZ on behalf of the German side). There is growing consensus among international development partners that we will not be successful in meeting global and national poverty reduction and sustainable development targets unless we improve land policies, build consensus on political, economical, environmental and social principles and improve access to assets for the rural world. Four regional workshops will be organised during April and May 2002 to adapt better the results of research, policy proposals and lessons learned in the regions and at country level. Cambodia will host the Asian Workshop, Mexico will organise the Workshop for Latin America, Uganda for Africa and Hungary for European/Central Asian Countries in Transition. The flexible consortium of donors and institutions can be regarded as an innovative platform for joint learning, strengthening the focus on policies and action research and acting as advocates for promoting the reform of the land sector in the development agenda. The synthesis of the four regional conferences combined with the results of the global e-mail conference on Land Policy and Institutional Development (March 2001) will serve as guidance for elaborating comprehensive land policies.
• Supporting professional education, training and research in land issues. Examples are the applied research program on Regional Networks of Competence on Land Policy and Land Tenure in Africa and ECA. The GTZ has been commissioned by BMZ to promote awareness, strengthen capacities, support networking and develop improved methods and instruments for land policy and land tenure in development cooperation. Other examples are the newly established international post-graduate program (MSc) on land management and land tenure at Technical University of Munich, the research cooperation IFPRI and Phillips University Marburg and other land-related research programs at several universities and research institutions.
• Supporting partner countries in projects and programs on land policy reform and land reform. The BMZ through the GTZ is providing Technical Assistance to implement the land reform program in the Philippines, to the reform of the land sector in Namibia, Cambodia, Lesotho and Guatemala and strengthening Land Administration in eight other countries. Georgia is receiving Financial Assistance through the German Development Bank (KfW) for supporting the land sector.
• NGO’s are very much involved in the policy dialogue and land reform implementation supporting local communities in various countries. Examples are the engagement of the German Agro Action (DWHH) in the Philippines as well as their cooperation with the Popular Coalition to Eradicate Hunger, FIAN’s activities in Central American countries or Protestant Church Aid (EZE) engagement in Bangladesh.

Access to land in Cambodia - a post
conflict country in transition

The historical legacy of land policy change has meant that Cambodian society as a post conflict society in transition is confronted with a number of very problematic issues regarding land. It is believed that resolution of the land issues, in coordination with other reforms and measures, will significantly contribute to alleviating poverty, aid economic development and assist in the improvement of central and local governance. The following major problems and issues have been identified during the last years in a process of systematic consultation.

Land Policy:
Uncoordinated land policy framework. Policies are often implicit in laws and the focus of pilot projects, but a stronger articulation of vision, objectives, strategies, priorities and implementation programs will help to resolve the gaps in clarity. This will enable a more efficient use of resources for resolving land issues and a closer coordination of land policy initiatives with other aspects of the state reform program like decentralisation, demobilisation, economic reform and juridical reform.

Land Administration:
Most private landowners do not have land titles. Much land is not registered, which makes it vulnerable to dispute and insecure for investment. Many legal documents got lost or were destroyed during the years of turmoil and civil war. Lack of land titles threatens the poor with land grabbing, impedes investment and holds back the development of a land market which could allocate land to those who need it and value it most. The gender sit uation is far from benign. Women face many economic and social obstacles that undermine their ability to establish and maintain control over land. In situations where women-headed households actually have land, they must often use the land as collateral or must sell it to obtain cash for health care or other emergencies.

The land registration is not well developed and transparent. There are overlaping claims, false claims and land disputes. Relevant laws and procedures are not sufficient. The development of a strong market economy and decentralized public administration requires a clear legal framework on property rights, transfers, use of state and private land and the regulatory powers of the state over land use. Several necessary legal acts are missing which allows chaotic situations to go unresolved. The civil code, which would regulate inheritance and many land related market rules like transfers or mortgages, is still in draft form. The dissemination and education on land matters is limited and knowledge of the land sector amongst Cambodian people is very poor. Unless the population understands their legal rights and responsibilities, policy goals cannot be accomplished and laws will not be meaningful.

Human resources, budget and equipment for land administration are inadequate. There is no systematic professional education program for land administrators, land surveyors, land economists and land use planners established.

Administrative boundaries are not clear. This lack of clarity makes public administration, decentralisation and land management at local level more difficult as exact areas of jurisdiction are undefined. Delineation and demarcation of state land is not clear. It is often unclear on the ground what is 'private state' and 'public state' property. Both public land protection and exploitation and the provision of concessions, leases or transfers for economic development are complicated without this delineation. The demarcation of agricultural and forestry concessions is often unclear.

In areas that are inhabited by indigenous people whose land use and life styles differ substantively from the majority Khmer population, people’s traditional access to land is increasingly being constrained by land transfer to people from outside the local communities. Sales, land grabbing and the granting of concessions by the state characterise such transfers.

Disputes are frequent and often remain unresolved. Approximately two thirds of the Supreme Court caseload and provincial courts involves disputes over land issues. Estimates of the number of families involved in land disputes are in the tens of thousands.

Land Management:
Land use planning and natural resource management are not integrated, and are not decentralized. Encroachment onto protected areas, construction in inappropriate sites, illegal logging, confusion about jurisdiction, land grabbing, and cancellation of rights to subsistence uses of natural resources result from a lack of integrated land use planning and natural resource management. This problem impacts the sustainable exploitation of forests and fisheries and economical use of water. It affects the livelihoods of the poor. It affects tourism and it affects the growth of cities.

State land is not clearly identified and is not properly managed after the process of transition, which leads to accelerating land grabbing and destruction of forests. Many agricultural concessions are unused or inappropriately used. Illegal logging and clearing of forest is widespread. Encroachment onto environmentally sensitive and protected areas is occurring.

Land use planning is hindered because many areas still suffer from land mines. Specifying the locations of suspected minefields, prioritizing areas for de-mining and making decisions about the use of de-mined land do not always occur in an integrated manner with local land use planing.

Public works, such as road and port expansion are hindered by lack of land management procedures. There is a lack of re-settlement policy and plans and expropriation legislation with fair compensation. Urban development and new investment is difficult. There is a lack of land use planing guidelines, approved urban development plans and transparency about the process of acquiring and developing urban land. Lack of urban development policies impedes solutions to problems created by informal settlement, and impedes new investment because developers are unsure about future plans.

Land Distribution:
Acquisition of land through occupation is no longer feasible or legal. Cambodians in need of land were traditionally able to acquire it through acts of occupation and use. Now available land resources are becoming limited. Due to population growth, demobilization of soldiers, return of refugees, family breakdown, etc. many poor people have no land or too little land to earn a living. Until such time as non-agricultural job opportunities are more prevalent, the agricultural sector will be the most important source of livelihood for most of the poor. Some people cannot afford to buy or rent land. Land prices have increased rapidly in recent years, beyond the ability to pay of the poor. This means that other mechanisms of land allocation such as social concessions or leasing of public land are needed for some groups to fill needs for shelter and livelihood. Productive land is not always in the hands of the most productive. It is well known that many agricultural concessionaires have not made the investments designated in their contracts. Accumulation of land for speculative purposes is preventing land from being productively used in the present.

A vision for land policy

The vision of land policy in Cambodia is that land will be administered, managed and distributed in ways, which contribute to achieving broad national goals of poverty alleviation, equitable economic development and good governance in a democratic, market-oriented society. As described in the Statement on Land Policy (May 2001):

"The Royal Government of Cambodia is endeavoring to implement a coordinated set of laws, programs of work, and institutional arrangements regarding land which are directed toward enabling the achievement of national goals of economic development, poverty reduction and good governance, as described in the Socioeconomic Development Plan, Interim Poverty Reduction Strategy, and Governance Action Plan."

This vision has three main aspects: 1) That land will be administered in a way which makes the rights to specific properties clear and secure, and makes formal transfer of those rights simple and affordable. Disputes will decrease in frequency and size and whenever possible will be resolved outside of the courts; 2) Land will be managed in a way which leads to its best uses in a sustainable, environmentally sound way. In many areas this will require the balancing and management of multiple uses and users and will require the participation of multiple stakeholders; 3) State land will be protected for public uses where appropriate, or else allocated for private benefit through a transparent process. Accomplishing this vision will allow all Cambodians to use land effectively for economic and social purposes, to transact land freely and to benefit from the public land patrimony. The following areas are the focus of attention for achieving this vision of land policy.

Land administration, management and distribution reforms: The government’s role in the orderly administration of land consists of the clarification and recording of existing land rights as a protection against false or contradictory claims, the introduction of formal and systematic land use planning, environmental regulations and other strategies for disseminating land information for allocation decisions, including the granting of social concessions.

Legal and institutional reforms: To pursue the objectives of the new land policy, and for purposes of implementation, legal and institutional reforms will be carried out. This will be implementation of the New Land Law (August 2001) and related legislation for the administration and management of all land in Cambodia. The Land Law clarifies the types of land ownership which exist in Cambodia, gives guidelines for how state land is to be managed, institutionalises a modified and accountable land administration system that makes provincial governments the principal agents for land administration, and makes provision for social concessions of land as a distribution mechanism, among others. The new Land Law and its implementing sub decrees provides to the administrative structure the required legal authority to carry out policy goals.

Land market strengthening: The government considers it important that while encouraging a market-oriented economy, land should be used in the most productive manner. Land policy aims to extend access to market processes and to the opportunities they offer to all sections of the population. The government intends to encourage an open market in land that will permit land owners to move land towards its most desirable uses in accordance with the preferences of parties to the transaction. At the same time, it is recognized that the land market may not operate well for some disadvantaged groups, and that land distribution through social concessions will be a central mechanism to respond to the needs of these groups.

Physical planning reform: The management of land is primarily concerned promoting beneficial use, and preventing undesired use. Therefore, physical planing policy provides a framework to achieve social and economic objectives of land and resource use though the preparation of land use plans and rules. Conserving virgin forest, reserving road corridors, demarcating fishing lots, subdividing land to accommodate housing development and zoning an areas for agricultural, commercial, educational, transportation and industrial purposes are all forms of land use planning. The ultimate objective of rural and urban land use planning is to maximize the benefits that can be gained from land in a way, which appropriately manages environmental resources and protects human health and safety. However, planning cannot succeed without information.

Land information strengthening: Information is needed when changes in land ownership and/or use are planned or proposed. The basic spatial unit upon which land records can be compiled is the land parcel. Several categories of land information systems developed around land parcels exist to provide precise spatial, environmental and cadastral information, or information about specific legal rights and duties vested in land. Thus, comprehensive registration of ownership and other interests in parcels of land, indexed on a cadastral map is a basic land information product. When parcel information is linked to additional information about other use rights, restrictions, valuation and land use classification, the information becomes a powerful tool for land administration, management and distribution. Policies involved in regulating the collection and storage of land information must be carefully organized to maximize benefits to Cambodia.

The partnership model for
implementation

The German and Finnish governments have provided Technical Assistance to the Ministry of Land Management, Urban Planning and Construction during the last years in the field of land administration, land management and policy formulation. Strategies, methods, procedures, guidelines and basic capacities have been developed through pilot projects at central level and in selected provinces. The time has now come for a wide implementation model in the land sector as well as systematic professional capacity building at all levels in Cambodia. Last year the Royal Government of Cambodia has designed a long-term Land Administration, Land Management, and Distribution Program (LAMDP), which is expected to be implemented over 15 years. The objectives of the LAMDP program are stated in the Land Policy Statement of the Royal Government of Cambodia (May 2001). A multi-partner approach (MLMUPC / WB / GTZ / Finnish TA) will support the first phase (5 years) of a 30 Mio EURO program, whereby the World Bank will provide the Financial Assistance and the German and Finnish governments will provide the Technical Assistance for the government’s program. The land sector program consists of the following fully interlinked and complementary components:

• Development of a comprehensive Land Policy and Regulatory Framework
• Institutional Development and Capacity building
• Implementing a Systematic Land Registration Program
• Strengthening the Mechanism for the Resolution of Land Conflicts
• Strengthening the capacities for Land Management and Planning

Building strategic international and local partnerships combined with full ownership and commitment from the partner-side are key factors for successful policy formulation and implementation of a challenging land regularization program in a post conflict country. The overall package of five components does have the potential for generating significant synergies in the land sector and building the bridge to other related sectors.

References:
DSE 2001: Access to Land, Innovative Agrarian Reform for Sustainability and Poverty Reduction, Documentation of the International Conference in March 2001, Bonn
CDRI 2001, Social Assessment of Land in Cambodia, working paper 20, Phnom Penh
OXFAM / GTZ LMP 2002: Land Ownership Disputes in Cambodia, Phnom Penh
Kirk/GTZ LMP 2000: Land Policy, Land Legislation and Land Management in Cambodia, Phnom Penh
WB 2001: Land Policy and Administration and the Land Policy Network Internet homepage