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Evidence from Liberia, Mozambique, and Uganda
出版Namati, 2012-06-25
主題Social Science / General
ISBN09858151089780985815103
URLhttp://books.google.com.hk/books?id=px5pLwEACAAJ&hl=&source=gbs_api
註釋This report details the communities' various experiences undertaking the land documentation activities and summarizes the initial impacts of these efforts under the following subject headings: conflict resolution and prevention (encompassing boundary harmonization and demarcation); intra-community governance (encompassing by-laws/constitution drafting); and conservation and sustainable natural resources management (encompassing land and natural resource management plan drafting). It then briefly reviews the obstacles confronted relative to the administrative components of the process. The report next outlines findings relative to the optimal level of legal intervention necessary to support communities' successful completion of community land documentation processes as well as what endogenous factors may impact a community's success. The report then details findings concerning how best to facilitate intra-community protections for the rights of women and other vulnerable groups during the land documentation process. It concludes by setting forth findings and recommendations intended to inform policy dialogue, help nations to refine and improve the implementation of existing community land documentation processes, and provide useful insights for countries seeking to develop laws and policies for community land documentation. One central finding is that the community land documentation process is a valuable opportunity to resolve local land conflicts. Governments and civil society actors should leverage the process to support communities to address inter- and intracommunity land disputes, which may undermine perceived tenure security and foster local or regional unrest. A second central finding is that while the data and observations from Liberia and Uganda indicate significant changes in the study communities resulting from community land documentation efforts, in Mozambique very little change was noted. The primary difference between the processes followed was the inclusion in Liberia and Uganda of extended, iterative, and participatory processes of cataloguing, debating and adopting community by-laws/constitutions and plans for natural resources management. The research indicates that the community by-laws/constitution-drafting process was likely the primary driver of many of these impacts. Under this analysis, it becomes clear that governments and civil society actors should structure community land documentation processes to proactively address intra-community governance, with special emphasis on leveraging the process to:! Improve community land administration and management;! Create mechanisms to hold leaders downwardly accountable to their constituents;! Strengthen and protect the rights of women and other vulnerable groups;! Foster conservation and sustainable natural resources use;! Align community norms and practices with national law; and! Promote local-level democracy. The report also concludes that community land documentation may be a more efficient method of land protection than individual and family titling, and should be prioritized in the short term.