Date post: | 14-Jan-2016 |
Category: |
Documents |
Upload: | karen-calloway |
View: | 218 times |
Download: | 0 times |
Timor Leste Land Law Program
•Applied research and legislative drafting
•Institutional Strengthening with UNTL
•Related Capacity Building (LPU, UNTL, MOJ)
•Quadrilingual Glossary
East Timor - Background
Urban Properties– Occupation and
dispensation of former Indonesian residences;
– Destruction of housing stock
– Returnees;
– Claims and disputes;
– Informal land market;– Constraints to
investment– Gender
Rural Properties
– Areas still occupied by East Timorese transmigrants;
– Dispute resolution;
– Legitimacy/availability of evidence for use in claims and disputes;
– How is the informal land market operating currently;
– Ability of Adat systems to resolve conflicts within and between communities, and vis a vis large commercial interests, incl. gender.
Key Laws• Land dispute
mediation;• Land/title
registration;• Land title restitution,
conversion of formal & traditional rights
• Compliance with ET constitution by foreign owners
Other relevant laws:• State property admin.•Cadastre system
Core Laws: Dispute Mediation, Restitution
Dispute Mediation (local in-place processes):
• Who, how, legitimacy, authority, appeal;
• Evidence;
• Groups: within, between (incl. migrant);
• Interface between local and state systems (LPU role); legal interface – evidence;
• Displaced persons (individuals) access to mediation systems;
• Costs, compare to state system.
Restitution Law(requisites & procedures to determine who is legally entitled to
ownership & other use rights – Post occupation & conflict)
• Local System (select topics):– Who distributes land-use rights;– Does freehold, leasehold, expropriation exist;– Nature of boundaries;– Rights possessed by transmigrasi/IDPs (from
point of view of both local communities and dislocatees;
– What elements determine legitimate use / possession rights;
Core Laws:
Core Laws – Restitution Law, cont.
• State System:
– Portuguese & Indonesian title regiems – rights connected to each type of title.
• All Tenure Systems, Urban & Rural:
– Means of proof/evidence accepted in relation to property rights – availability, legitimacy;
– Seperable rights – surface rights, buildings, tree, crop, etc.
Where We Are Currently
Legislative Themes Research Input Needed
State Property Administration Aug 30, 03Cadastral System End Oct, 03
Mediation (key, core) Oct/Nov, 03
Land/Title Registration (key) End Feb, 04
Restitution (key, core) End April, 04
Compliance with ET Constitution
by Foreign Owners (key) End April, 04
NextNext
Other Project Activities
• UNTL Research Center
• University Consortium
• Capacity Building
– Legal (LPU, MOJ)
– Research (UNTL, proj
employees
• Glossary
Post-Conflict Land Tenure Reform ‘Best Practice’?
(Michael Brown)
• Land tenure always a primary issue after conflict
• East Timor case as an approach to post-conflict land tenure - reform– Follows on Mozambique (success);– Academic research;– Deals with ‘study’ in a different way;– Does the East Timor case hold potential as an
example for other countries?
Potential Follow-on Work in ET
– Land Law Dissemination
– Enabling Environment – Investment
– Irrigation Schemes & Smallholders / Largeholders
• (IU Workshop)
– Coffee Lands and Smallholders / Largeholders
– Land Tenure and Parks and People Issues
– University Consortium
Land Tenure Work at Indiana University
WORKSHOP IN POLITICAL THEORY AND POLICY ANALYSIS http://www.indiana.edu/~workshop
Elinor Ostrom – extensive experience working on common property problems, esp. irrigation-Asia, forest resources, fisheries, grazing resources-Africa, global environmental change.
Focus on institutional design principles.
A primary, longstanding connection – Jaime Thompson
Land Tenure Work at Indiana University, cont.
Department of Geography
Agriculture & Land Tenure
• Poverty and property rights in the developing world: not as simple as wewould like. Land Use Policy
• The relationship between indigenous pastoralist resource tenure and state tenure in Somalia. GeoJournal
• Agroforestry, reforestry and the carbon problem: the role of land and tree tenure. Interdisciplinary Science Reviews
• Restocking refugee pastoralists in the Horn of Africa. Disasters
• Nomadic pastoralism and irrigated agriculture in Somalia: utilization of existing land use patterns in designs for multiple access of "high potential" areas of semi-arid Africa. GeoJournal
• Land tenure and identity change in postwar Mozambique. GeoJournal
• Land registration, tenure security, credit use and investment in the Shabelle region of Somalia. In: Searching for Tenure Security in Africa. The World Bank and Kendall\Hunt Publishing, With Roth & Barrows
Post-Conflict Land Tenure• Post-conflict recovery of African agriculture: The role
of 'critical resource' tenure. Ambio • Land tenure and legal pluralism in the peace process.
Peace and Change: A Journal of Peace Research
• Local land tenure in the peace process. Peace Review
• Postwar land dispute resolution: land tenure and the peace process in Mozambique. International Journal of World Peace.
• The role of land conflict and land conflict resolution in a peace process: Mozambique’s return to agriculture. Refuge
• Refugee resettlement on the Horn of Africa: the integration of host and refugee land use patterns. Land Use Policy
• Land dispute resolution in Mozambique: evidence and institutions of agroforestry technology adoption. In: The Role of Property Rights and Collective Action in Developing Countries, Johns Hopkins University Press
• Resource Sharing: small holders and pastoralists in Shalambood, Lower Shabelle Region. In: The Struggle for Land in Southern Somalia: The War Behind the War. Westview Press
• Somali rural property rights: whither the future? Journal of the Anglo-Somali Society.
• Resource tenure issues in the resettlement of Sudan's displaced agriculturalists. Journal of Northeast African Studies.
Land Tenure & USAID
• History of land tenure work at USAID, focus on “the study” – all land tenure situations are unique…..
• Current caution regarding studies at USAID• Potential utility for a “package” or “best
practice” approach? (post-conflict, refugee, investment, agricultural development & food security, institutions & governance, natural resources, etc?
• In addition to the short-term “advisor” approach