The Case of Bangladesh

Munich Personal RePEc Archive Access to land and other natural resources by the rural poor: the case of Bangladesh Raihan, Selim and Fatehin, Sohani and Haque, Ifthekharul South Asian Network on Economic Modeling (SANEM), Department of Economics, University of Dhaka, Bangladesh June 2009 Online at https://mpra.ub.uni-muenchen.de/38621/ MPRA Paper No. 38621, posted 07 May 2012 12:49 UTC Access to Land and Other Natural Resources 1 by the Rural Poor: The Case of Bangladesh Selim Raihan Sohani Fatehin3 Ifthekharul Haque4 (une 009 1 Paper prepared for CIRDAP. 2 Dr. Selim Raihan is Associate Professor, Department of Economics, University of Dhaka. [email protected] 3 Lecturer, Bangladesh Institute of Bank Management and Research Associate, South Asian Networ on Economic Modeling (SANEM). , Research Associate, I-AD Pro.ect, CIRDAP. Abstract Access to land refers to the ability to use land and other natural resources, to control the resources and to transfer the rights to the land and ta e advantage of other opportunities. Rural poor people depend on agriculture and related activities for their livelihoods, but the ma.ority have limited access to land. 0his ma es agriculture a difficult solution to poverty for people who have few assets and limited alternative ways of ma ing an income. 0here are compelling reasons for ensuring that rural poor people have secure access to land. It ma es possible greater agricultural productivity and food security, economic growth in rural areas, increased family incomes and more1sustainable land use. It also contributes to conflict prevention and helps reduce migration to urban centres. Access to land also empowers rural poor people, strengthens networ s that give them a voice and contributes to a more participatory political culture. Access to land and land tenure security are at the heart of all rural societies and agricultural economies. 2aving land, controlling it and using it are critical dimensions of rural livelihoods, and determine rural wealth and rural poverty. Bangladesh is one of the low1income economies in the world, and poverty is a ma.or challenge in the country. Despite the fact that, over the years, poverty in Bangladesh has been reduced, the e3tent and depth of poverty remain to be very acute in Bangladesh. In particular, rural poverty remains to be very high. Access to land has often been considered to be a ma.or determinant of poverty in many developing countries. 0he ob.ective of this research is to conduct a detailed in1depth country assessment and analysis of the land related issues in Bangladesh, addressing poor people4s access to land and other natural resources, including common property resources, and tenurial security, particularly that of vulnerable and indigenous groups. 1 Content I. Introduction II. ,ethodology of the Study III. Overvie. of Land Policies and La. in Bangladesh 3.1. Mughal Period 3.2. Permanent Settlement Act 1793 3.3. The Bengal Tenancy Act, 1885 3. Land Reform during the 20th Century 3.5. Reform after 1971 3.6. Inheritance law 3.7. Enemy Property Act 1965 3.8. Vested Property Return Act 2001 3.9. -hat do we learn from the land reform policies in Bangladesh. I/. Revie. of ,acro Trends and Implications for Access to land .1. Pattern of Landownership .2. Tenural Arrangements .3. /ender 0imension of Land 1wnership . Landlessness and Po2erty in Rural Areas . .1. 3ouseholds According to Land Si4e . .2. Access to Land and Po2erty5 An Econometric E6ercise . .3. 7has Land . Char Land . .5. -ater bodies . .6. Coastal 9ones . .7. Chittagong 3ill Tracts . .8. :orestry /. Land Administration System in Bangladesh 5.1. 3istory of Land Administration in Bangladesh 5.2. Structure of Land Administration in Bangladesh 5.2.1. Union Land 1ffice or Tahshil 1ffice 5.2.2. Upa4illa Land 1ffice or 1ffice of the Assistant Commissioner (Land) 5.2.3. Sub-Registrar?s 1ffice 5.2. Collector?s 1ffice or 0istrict Commissioner?s 1ffice 5.2.5. 9onal Settlement 1ffice 5.2.6. Land Reforms Board 5.2.7. The 0irectorate of Land Records and Sur2eys 5.2.8. Land Appeal Board 5.2.9. Need for reform in land administration /I. Changing Pattern of Land Leasing Practices in Bangladesh: A Field Study in Rangpur 6.1. 0ominant Land Leasing Practices 6.2. Share of Various Land Lease Practices 6.3. Pro2iders of Land Lease 2 6. Recipient of Land Lease 6.5. :actors Affecting Land Leasing Practices 6.6. LinAage between crops and land leasing practices 6.7. The future of the land leasing practices /II. Access to Land and Natural Resources by /ulnerable 1roups: Case Studies 7.1. Community Based :isheries Management (CB:M)5 E6amples of Managing Common Property Resources 7.1.1. Community Based :isheries Management- the case of Chapandaha Beel 7.1.2. Community Based :isheries Management- the case of 7afriAhal Beel 7.2. Land Related Issues of Indigenous People 7.2.1. Land 0isputes in Chittagong 3ill Tracts 7.2.2. Land Related Problems of the Indigenous People li2ing in Plains /III. Land and other natural resources: 2ata 1aps I3. Conclusion References 3 List of Tables 0able 15 Basic features of land in Bangladesh 0able 25 Number of holdings and type (in 000) 0able 35 Distribution of farm holdings according to type of tenancies 0able ,5 Distribution of farm holdings according to si7e (in thousands) 0able 85 9 Area under :arious Contractual Arrangements (as 9 of total land operated), 198318, and 1997 0able 65 E3tent of tenancy (for 1983/8, and 1996) 0able 75 Results of the Logit Regression Model 0able 85 Khas land in Bangladesh 0able 95 Contribution in the total leased land 0able 105 Share of farmers (in terms of leased land si7e) in each land lease system (9) 0able 115 Lin ages between crops and land leasing practice 0able 125 Indigenous Aroups out of the scope of State AcBuisition and Tenancy Act 1950 List of Figures -igure 15 0rend in Landlessness in Bangladesh -igure 25 Percentage of holdings own no land 2008 (rural) -igure 35 Division1wise percentage of tenant holdings 2008 -igure ,5 Percentage of Male and -emale 2eaded 2oldings in Rural Bangladesh -igure 85 Distribution of 2ouseholds in rural Areas -igure 65 Distribution of households according to Operated land -igure 75 Incidence of Poverty by Land ownership (Using the lower poverty line) -igure 85 Percentage of Land Owned by 0op 209 of 2ouseholds -igure 95 Khas land and has water bodies per landless households (acres) -igure 105 Retention of Khas land -igure 115 Land Related Organi7ational Structure of the Aovernment of Bangladesh -igure 125 Changing pattern of :arious Land Lease Practices in Bangladesh Bo3 15 Phases of Land 0enure System for 0wo Centuries , Access to Land and Other Natural Resources by the Rural Poor: The Case of Bangladesh Selim Raihan, Sohani :atehin and IftheAhrul 3aBue I. Introduction Access to land refers to the ability to use land and other natural resources, to control the resources and to transfer the rights to the land and ta e advantage of other opportunities. Enhanced access to land includes three main aspects5 (i) strengthening land tenure security and land rights, (ii) increasing the amount of land that people have access to, and (iii) improving the productivity of land. Alternatives to enhancing access to land for agriculture include promoting non1farm activities and urbani7ation. Land tenure refers to the rules, authorities, institutions, rights and norms that govern access to and control over land and related resources. It defines the rules and rights that govern the appropriation, cultivation and use of natural resources in a given space or piece of land. It governs who can use what resources, for how long and under what conditions. Strictly spea ing, it is not the land itself that is owned but the rights and duties related to it. Land tenure systems are highly comple3. At national and local levels they include a multiplicity of overlapping (and at times contradictory) rules, laws, customs, traditions, perceptions and regulations that determine how people use, control and transfer land. 0his has significant implications for the analysis of land tenure issues and their significance in poverty reduction. Land tenure security refers to peopleCs rights to control and manage a parcel of land, using it, disposing of its produce and engaging in transactions, including transfers. Land tenure security has three main characteristics5 (i) duration D how long will different land rights lastE (ii) protection D will land rights be protected if they are challenged or threatenedE (iii) robustness D are the holders of land rights able to use the land and dispose of the rights without interference from othersE Rural poor people depend on agriculture and related activities for their livelihoods, but the ma.ority have limited access to land. 0his ma es agriculture a difficult solution to poverty for people who have few assets and limited alternative ways of ma ing an income. 0here are compelling reasons for ensuring that rural poor people have secure access to land. It ma es possible greater agricultural productivity and food security, economic growth in rural areas, increased family incomes and more1sustainable land use. It also contributes to conflict prevention and helps reduce migration to urban centres. Access to land also empowers rural poor people, strengthens networ s that give them a voice and contributes to a more participatory political culture. Access to land and land tenure security are at the heart of all rural societies and agricultural economies. 2aving land, controlling it and using it are critical dimensions of rural livelihoods, and determine rural wealth and rural poverty. Land is not simply an economic resource. It is an important factor in the formation of social and cultural identity and in the organi7ation of religious life.

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