Using a Delphi approach to identify the most efficacious interventions to improve Indonesia’s forest and land governance

Improvements to forest and land governance are key to addressing deforestation and degradation of peatlands in Indonesia. While this is a priority area, the steps to achieving good forest and land governance have been under-researched. There is a need for better links between theoretically informed academic analysis and work in the field. This study drew together a panel of experts on forest and land governance using a Delphi method to discuss the underlying drivers of deforestation and peatland degradation, and correspondingly, to identify interventions to improve land and forest governance in Indonesia. Seventeen panelists with an average of more than 12 years’ experience reached agreement over four governance interventions: increasing the capacity of local communities to manage and monitor forests and natural resources (65% of panelist’s votes); identify strengths and weaknesses of community organisations and institutions, and develop strategies to improve their performance (65% of panelist’s votes); gazetting forests to clarify land boundaries and determine which areas should be village, community and state forest zone (59% of panelist’s votes); and, integrating participatory community maps into spatial plans to protect local communities and indigenous peoples’ development needs (53% of panelist’s votes). They also supported action research involving the government, private sector and communities, and political economy approaches to researching forest and land governance issues. Panelists indicated that community level approaches such as securing community forest tenure through clarifying land claims and integrating local land tenure into spatial planning had an important role in sustainable forest management.     

Changing Land Rights Means Changing Society: The Sociopolitical Effects of Agrarian Reforms under the Government of Evo Morales

Agrarian reform cannot be limited to a linear process of land distribution. It involves a societal restructuration that affects power relations, multi‐level governance structures, the (re)spatialization of juridical legitimacy and symbolic boundaries between sociocultural groups (ethnicity). This paper analyses the consequences of the major Bolivian agrarian reforms of 1953, 1996 and 2006 for the current process of setting up the ‘plurinational’ state under the government of Evo Morales. Using a historical and sociopolitical approach, we show that the ethnically differentiated devolution of individual and collective tenure rights has resulted in an institutional segmentation along ethnic boundaries that gives rise to a growing polarization between the two socially constructed categories of indigenous people and peasants. This institutional segmentation is not limited to agrarian questions but also affects other domains, such as political processes related to territorial autonomies. The current government is trying to maintain a neutral position by giving priority to large‐scale national programmes of economic development.     

Climate resilient urban development: Why responsible land governance is important

In less-developed countries, the major global pressures of rapid urbanization and climate change are resulting in increased vulnerability for urban dwellers. Much of the climate impact is concentrated in urban and coastal areas, as urban development spreads into areas that are hazard-prone. Often this development is dominated by poor quality homes in informal settlements or slums on informal or illegally occupied or subdivided land.Urban development needs to be more climate-resilient to meet the post millennium development goals (MDGs) agenda. One of the elements in achieving climate-resilient urban development is the degree to which climate change adaptation and risk management are mainstreamed into two major elements of land governance, viz. securing and safeguarding of land rights, and planning and control of land-use.This paper proposes ways in which the growth of human settlements can be better managed through responsible governance of land tenure rights, and effective land-use planning to reduce vulnerability, provide adequate access to safe land and shelter, and improve environmental sustainability.     

Contemporary Discourses and Contestations around Pro‐Poor Land Policies and Land Governance

The meaning of land and land policies is diverse and contested across and within local and (inter)national settings. The phrase ‘land policy’, used to refer to all policies that have anything to do with land, may be convenient, but it masks the actual complexity of issues. Meanwhile, concern for ‘pro‐poor’ land policy has coincided with the mainstream promotion of efficient administration of land policies, leading to the concept of ‘land governance’. Such concepts have enriched discussion on land issues, but they also complicate further an already complex terrain. In response, this paper offers possible analytical signposts, rather than an actual in‐depth and elaborated analytical exploration of this terrain. It hopes to be a modest step forward and towards a better understanding of contemporary policy discourses and political contestations around land and land governance.     

Land ownership in the United Kingdom: Trends,preferences and future challenges

The relation between population, land use and land ownership has been little explored by academic researchers, and the redistribution of land ownership has largely disappeared from political debate. This article, while recognising the fragmented and limited data available on land ownership, seeks to summarise the broad changes in land ownership during the past century, distinguishing the three main types: private, state and communal tenure, as well as freehold and leasehold tenures. After considering the effects of the spatial planning system upon land use, it addresses some critical emerging issues, such as environmental protection, risk assessment, and housing land supply, and suggests some future directions for land ownership and the role of the state.     

Policy Discourses on Women's Land Rights in Sub–Saharan Africa: The Implications of the Re–turn to the Customary

This article examines some contemporary policy discourses on land tenure reform in sub–Saharan Africa and their implications for women's interests in land. It demonstrates an emerging consensus among a range of influential policy institutions, lawyers and academics about the potential of so–called customary systems of land tenure to meet the needs of all land users and claimants. This consensus, which has arisen out of critiques of past attempts at land titling and registration, particularly in Kenya, is rooted in modernizing discourses and/or evolutionary theories of land tenure and embraces particular and contested understandings of customary law and legal pluralism. It has also fed into a wide–ranging critique of the failures of the post–colonial state in Africa, which has been important in the current retreat of the state under structural adjustment programmes. African women lawyers, a minority dissenting voice, are much more equivocal about trusting the customary, preferring instead to look to the State for laws to protect women's interests. We agree that there are considerable problems with so–called customary systems of land tenure and administration for achieving gender justice with respect to women's land claims. Insufficient attention is being paid to power relations in the countryside and their implications for social groups, such as women, who are not well positioned and represented in local level power structures. But considerable changes to political and legal practices and cultures will be needed before African states can begin to deliver gender justice with respect to land.     

Fragmented Territories: Incomplete Enclosures and Agrarian Change on the Agricultural Frontier of Samlaut District,North‐West Cambodia

In Cambodia, the interactions between large‐scale land investment and land titling gathered particular momentum in 2012–13, when the government initiated an unprecedented upland land titling programme in an attempt to address land tenure insecurity where large‐scale land investment overlaps with land appropriated by peasants. This paper is based on a spatially explicit ethnography of land rights conducted in the Samlaut district of north‐west Cambodia – a former Khmer Rouge resistance stronghold – in a context where the enclosures are both incomplete and entangled with post‐war, socially embedded land tenure systems. We discuss how this new pattern of fragmentation affects the prevailing dynamics of agrarian change. We argue that it has introduced new forms of exclusion and a generalized perception of land tenure uncertainty that is managed by peasants through the actualization of hybrid land tenure arrangements borrowing from state rules and local consensus. In contrast with common expectations about land formalization, the process reinforces the patterns of social differentiation initiated by land rent capture practices of early migrants and pushes more vulnerable peasants into seeking wage labour and resorting to job migration.     

Customary vs Private Property Rights? Dynamics and Trajectories of Vernacular Land Markets in Sub‐Saharan Africa

Contemporary discourse on land in Africa is polarized between advocates of tenure reform through state registration of individual titles to land and others who claim that customary or 'communal' tenure is the only check against landlessness among the poor in the African countryside, and that 'pro-poor' land policy should therefore strengthen customary rights to land. This paper draws on a growing body of evidence on the emergence of vernacular rural land sales and rental markets to question assumptions that underlie the non-market 'ideal type' communal tenure model that has historically dominated policy thinking in Africa, and continues to be shared by both sides of the current land tenure reform debate. The paper argues that recognition of the specific characteristics of 'vernacular land markets'– commoditized transfers of land within the framework of customary tenure – is essential if state land policies are to succeed in promoting the interests of the poor.     

Monitoring land governance: Understanding roots and shoots

Despite a growing interest among land use policymakers to identify the indicators that measure changes in land tenure systems, little consensus exists about what framework can functionally analyze land tenure systems, and how it should be developed. The existing indicators have mainly focused on measuring the “effects” of land tenure (in)security and often neglected the “causes”. Hence, comprehensive monitoring of land tenure systems has been poorly understood and practiced. Given their multifaceted meanings, land and its related concepts have been a challenging issue for policymakers. Accordingly, the overall objective of this paper was to propose a functional and analytical framework on how to study monitoring land governance from roots to shoots through five main studies: i) understanding the historical trajectories of land, ii) recognizing institutional arrangements on land, iii) identifying land governance grammar, iv) defining land governance typology, and v) assessing land use changes. In line with this objective, the general research question of this study is how and by whom a monitoring system should be developed. Overall, this study can be considered as a conceptual framework that has been designed to conceptualize, develop, build, and apply a functional and analytical framework for formulating land governance grammar to explain how access to land is governed. Unlike previous studies, this study focuses on both causes and effects of strong land governance (SLG) and weak land governance (WLG). The paper discusses that land governance allows various stakeholders to participate in government decisions and ensures the security of their livelihoods. However, land governance could be either poor or strong depending on the government decision-making process. The paper also concluded that SLG is a precondition for economic growth and poverty alleviation in rural areas of developing countries.     

Foreignization,Financialization and Land Grab Regulation

The global rush for land has provoked diverse policy responses from host countries. While some governments are facilitating ‘land grabs’ within their borders, others have restricted land acquisitions by foreigners. Drawing from the Brazilian case, I argue that such restrictive regulations may be limited in their effectiveness because they apply a state‐centric geopolitical logic to a threat that is largely de‐territorialized and financialized. The Brazilian government reacted to fears about land grabbing by reinstating a legal framework from the 1970s that focuses on the threat that foreigners pose to national sovereignty. This measure dampened international enthusiasm for Brazilian land, but it also triggered companies to begin searching for legal ways to get around the restrictions, often by exploiting the mismatch between the fungibility of global capital and the rigidity of the foreign/domestic dichotomy. I suggest that the semi‐permeability of the new restrictions may present an opportunity for the Brazilian government to balance its conflicting commitments to smallholder farmers and export‐oriented agribusiness. Regulations focused on foreign threats may be politically effective even as they impose an outdated conceptual framework on a far more complex reality.     

Encountering the state through legal tenure security: Perspectives from a low income resettlement scheme in urban India

Tenure security systems—which determine who lives where and under what terms and conditions—are processes of governance that make and effect the relationship between those who confer tenure security and those on who tenure security is conferred. Yet, in dominant analyses of land and housing tenure security, and in policy recommendations for property rights and legal tenure security in developing countries, governance implications are overlooked in favour of analyses of the relative merits of different tenure systems mainly in terms of security, livelihood and economic impact. Using interview data and observations from a resettlement scheme in Ahmedabad, India, this paper empirically examines citizen-state relations in the context of a major shift from de facto (in practice) to legal tenure security and asks how do citizens who have recently come to live under legal tenure security encounter the state and make sense of it. I find a bureaucracy of tenure security that exerts control over low income citizens largely through fear. However, such control is incomplete and acts of resistance suggest an emerging ‘paralegal’ space to renegotiate tenure rules. I conclude by examining the findings through a conceptual framework that explains the relationship between state power and legal tenure security. I also discuss the need for greater scrutiny of the political effects of urban land and housing tenure systems on poor people.     

土地整理规划设计中的土地权属问题

通过分析国内外土地整理权属调整研究的现状,得出我国现阶段将权属调整和规划设计相结合方面的研究还很少。基于土地整理规划设计方面的实践,运用理论分析与实践相结合的方法,针对土地整理规划设计中四大工程,分别分析了各个工程中涉及的权属问题,并有针对性地提出建议及对策。     

Land and Social Change in a Tanzanian Village 1: Kinyanambo, 1920s–1990

This article (in two parts) traces the historical development of land tenure in Kinyanambo village, Mufindi District, Tanzania. It suggests a gradual commoditization of land and the evolution of a predominantly individualized land market, processes influenced by the long-term commoditization of agriculture and social reproduction more generally. Local land tenure practices evolved more or less independently of national land tenure policy until 1974, when villagization altered the evolutionary path of local land tenure, marking a fundamental turning point in people's understandings of their land rights. Together with the simultaneous establishment of Mafinga town, it created conditions for the rapid and more spatially concentrated growth of the local population, for urbanization, and for associated changes in livelihoods, land use, and relations between people and land. As a result, and following the economic reforms of the current period of structural adjustment and liberalization, by 2000 Kinyanambo had a deep-rooted, widespread and socially legitimate market in land.     

我国自然保护区土地权属法律制度及其存在的主要问题

我国现有法律法规中的自然保护区土地权属法律制度,片面强调自然保护的一面,而漠视了土地经济功能的发挥和自然保护区土地的财产属性。政府因财政负担能力有限,将土地经营管理权授予自然保护区管理机构,意味着自然保护区管理机构可以利用行政管理权、土地经营权集于一身的便利,追逐土地利益。法律所追求的自然保护目标难以实现,而自然保护区土地利益并未服务于解决社区贫困问题,造成了社区与政府之间长期的利益冲突。     

Land consolidation,customary lands,and Ghana's Northern Savannah Ecological Zone: An evaluation of the possibilities and pitfalls

Land fragmentation has been identified to greatly undermine crop production in many countries. In the case of Ghana’s customary tenure system, household farmlands are relatively small and are highly fragmented. Recent agricultural drives, however, have focused on farm level interventions that are ad hoc with short-term benefits. A sustainable long-term application of land consolidation which reorganises farmlands may improve yields, reduce the cost of production and improve the incomes of farmers. The successful implementation of land consolidation depends greatly on the suitability of local conditions with respect to land tenure and land use. However, in Ghana’s customary lands, the alignment between the requirements for land consolidation and existing conditions remains unexplored. This study investigated the feasibility of land consolidation within the customary tenure by juxtaposing the local conditions of the study areas with the baseline conditions for land consolidation outlined in literature. Using both qualitative and spatial data, the study revealed some traits of convergence and divergence with respect to the baseline conditions in the study areas. For example, conditions such as the existence of land fragmentation, suitable topography and soil distribution were fully met. Conditions such as the existence of a land bank, technical expertise, and infrastructure and supportive legal frameworks were partially met. The remaining conditions such as the willingness to participate, availability of a land information system and favorable land ownership structure were non-existent. The circumstances surrounding these unmet conditions are deeply embedded in customs and traditions that hardly yield to change. Since these conditions are fundamental for land consolidation, their absence negates the feasibility of land consolidation under the current tenure system of the study areas.     

改革开放以来集体林权制度改革的分权演化博弈分析

在维护国家生态安全和农户生计等方面,中国集体林发挥着不可或缺的重要作用。改革开放以来,中国政府启动了多轮集体林权制度改革,本文采用分权多中心决策主体演化博弈理论,研究了集体林权制度变迁的动态过程。分权多中心决策主体的观念改变是集体林权制度改革的前提,分权多中心决策主体采取功能、权力、自适应学习和同构等形式,开展了集体林权制度改革的重复演化博弈,中央政府为多轮集体林权制度改革的主要介入者,集体林权制度改革所呈现的间歇性均衡和多重均衡是分权多中心决策主体持续演化博弈的结果。     

Sustainability and Land tenure: Who owns the floodplain in the Pantanal,Brazil?

In seeking to achieve poverty alleviation and environmental conservation, public policy has often centred on guaranteeing land titles to local peoples. However, such approaches have brought unintended outcomes, replacing small-scale economies and natural areas by intensive exploitation of resources with no clear improvement in local people’s wellbeing. To understand this, we go beyond a general political ecology framing to consider relations between sustainability and land tenure, focusing on the intersection of economics, ecology and anthropology to understand how land tenure, property and use play out on the ground. We draw together different concepts including bundle of rights, de facto and de jure resource use, property regimes, density-dependence and non-equilibrium theory. The significance of this three-discipline view is illustrated through a case study of the Pantanal wetland, Brazil, where conservationists, the government and the local population contest ownership of the Paraguay River floodplain. Government sought to address conflicts around tenure and access through a narrow view of property, which failed to encompass the overlapping layers of land tenure, property and use on the ground and only served to create further legal battles. This article concludes that a more complex view combining the three perspectives is needed in the case of the Pantanal, and in other cases of contested property rights, in order to resolve conflicting claims and foster sustainability. We dissect both the power plays involved between different groups competing for control of a valuable resource, and the legal frameworks which can and should provide checks and balances in the system. The more nuanced grasp that emerges of local systems of tenure and access, of how these diverge from western property concepts, and of their environmental implications favours a better understanding of local realities, allowing for better management policy and consequently contributing more effectively towards poverty alleviation and environmental protection.     

Investment in soil conservation in northern Ethiopia: the role of land tenure security and public programs

A double hurdle statistical analysis of 250 farms in the Tigray region of Ethiopia reveals different causal factors for soil conservation adoption versus intensity of use. Farmers' reasons for adopting soil conservation measures vary sharply between stone terraces and soil bunds. Long‐term investments in stone terraces were associated with secure land tenure, labour availability, proximity to the farmstead and learning opportunities via the existence of local food‐for‐work (FFW) projects. By contrast, short‐term investments in soil bunds were strongly linked to insecure land tenure and the absence of local food‐for‐work projects. Public conservation campaigns on private plots reduced adoption of both stone terraces and soil bunds. Whereas capacity factors largely influenced the adoption decision, expected returns carried more influence for the intensity of stone terrace adoption (measured as metres of terrace per hectare). More stone terracing was built where fertile but erodible silty soils in higher rainfall areas offered valuable yield benefits. Intensity of terracing was also greater in remote villages where limited off‐farm employment opportunities reduced construction costs. These results highlight the importance of the right kind of public interventions. Direct public involvement in constructing soil conservation structures on private lands appears to undermine incentives for private conservation investments. When done on public lands, however, public conservation activities may encourage private soil conservation by example. Secure land tenure rights clearly reinforce private incentives to make long‐term investments in soil conservation.     

Land Reform for Peace? Rwanda's 2005 Land Law in Context

A decade ago, Rwanda embarked on a major land reform programme. The government envisaged a new land law, supported by a land policy, and claimed that the new tenure system would contribute to enhancing food production, social equity and the prevention of conflict. The Land Law was finally passed in the summer of 2005. The UK Department for International Development (DFID) has taken on significant responsibility for monitoring the reform programme. This article provides a contextualized reading of the new Law. It argues that its emphasis on the obligation to consolidate fragmented family plots and register them will exacerbate social tension, but that some of the potential for social strife may be reduced because the state will allow flexibility in how the Land Law is implemented.     

对中国集体林区产权改革诸问题的认识

集体林产权改革必须尊重历史,尊重广大基本群众对土地和民生的基本诉求,切实维护他们对土地基本的权力,核心是公平,而不是效率,效率上的改革企图只能在局部成功。应当清醒地认识到这次改革目标是有限的。为此提出了4点建议:(1)尽快彻底取消林业税费。(2)加强林业产权制度、基层森林管理模式、利益分配机制的综合研究和试验。(3)林业部门主动放弃“森林”和“环境”等主导名词,而代替为“林农”、“林业”和“林区”“三林问题”新的话语。寻求少数林区作为改革试点,探索林区社会福利事业生成路径和管理模式,用以购买农民的森林所有权和林地的使用权,探索集体林区森林国有化改革的道路。(4)寻求多样化、有弹性的林业改革发展道路。