IFAP Steering Committee on

LAND ISSUES AND PROPERTY RIGHTS

Policy Document

Working Draft Version 02

A clear policy on land tenure and property rights is important for making progress in sustainable agriculture and for the elimination of poverty.

1. ISSUES

Farmers need to access productive resources in a viable, sustainable and secure manner. This involves the examination of a number of issues which are listed below. a) Land ownership patterns and actual land use by farmers' themselves : Land ownership patterns need to coincide with the patterns of actual land use by farmers themselves. Where there is a problem that a large part of the land is owned by "absentee landlords", while it is the resource-poor farmers who till the land, adjustments through land reform may be necessary. b) Land distribution and rural poverty considerations : Even in cases where land ownership patterns do coincide with the patterns of actual land use by farmers, adjustments may be necessary to ensure a more equitable distribution of land resources, with the specific aim of eradicating rural poverty. In such cases, the necessary adjustments need to be decided on and carried out in a consultative and participatory manner, on terms acceptable to all sides concerned. Regarding this point, it is also recognised that a more equitable distribution of land resources, by itself, does not eradicate rural poverty. Much more important is the productive and sustainable use of available land. c) Property rights and security of tenure : Private property rights are the is the cornerstone of family owned and cultivated la nd, which in turn is the backbone of agricultural production. Property rights must be respected at all times. Any fundamental adjustments to land ownership patterns requires a consultative and participatory process by all stakeholders, and needs to be decided on and implemented on terms acceptable to all sides concerned. Such adjustments must not be done in a destabilising manner, and must not endanger the planning and investment horizon at farm and community level. 2

This clause, however, must not be used to unduly protect the status quo, which may have no legitimacy in the eyes of resource-poor farmers. Democracy, social harmony and good governance are the foundation stones for property rights and security of tenure. When there are deep-seated feelings of social injustice, and when the legitimacy of the status quo is strongly questioned by an important section of society, governments and representatives of civil society organizations need to act within the principles of democracy and good governance to restore social dialogue and harmony. d) Processes of dialogue and negotiation : Adjustments need to be decided on and carried out in a consultative and participatory manner. In this process, the following issues need to be recognised :

- For success in a ny negotiation process, both sides have to possess equal means to articulate their concerns, work out strategies and options, and influence their surroundings. Where necessary, negotiating capacities of farmers' organizations need to be strengthened for this purpose. - In certain cases, negotiations may not at all be possible or the sides may not necessarily accept terms of adjustment in the reform process. Such breakdowns in dialogue and negotiation can be one of the major causes of civil strife. - While land reform may be seen as a purely domestic, national-level issue, it takes place in an international environment, with the involvement of international agencies and governments. e) Fair and equitable tenancy arrangements : Ownership is only one of t he options allowing access to productive resources. Land may be leased on fair and equitable terms, allowing farmers to use the land in a viable, sustainable and secure manner. Regulatory frameworks as well as functioning and transparent land markets need to be in existence. Resource-poor tenant farmers need to possess enough negotiating power, in order to ensure a fair outcome for themselves. It is important that tenant farmers have the security that they will not be evicted from the farm at the whims and woes of another. f) Communal and indigenous land rights 3

A significant proportion of developing country farmers live and farm on communal lands. In the past, privatisation of these lands were seen as the solution, and comprehensive land registration programmes were encouraged. It is now recognised that traditional systems, including indigenous land rights, can also cater for a number of social needs. In such arrangements, land cannot be used as a collateral to secure finance, and security of tenure itsel f may well be fragile e.g. dependence on the decisions of the traditional chief. Very careful consideration therefore needs to be given before these types of land tenure, in their present format, are encouraged. It must also be remembered that tradition and culture are dynamic, not static, factors. Traditional patterns do evolve, be outdated and change with time. Equally, when communities opt for co-ownership or collective use, instead of private ownership, this must be done in such a manner to accord justice to each member of the group. g) Compulsory land take -overs : With the expansion of the urban areas and urban-based economic activities, compulsory land take-overs, or land takeovers imposed at unfair terms by the state or by private sector companies have become an important threat to the economic and social survival of rural communities. h) Building sustainable and viable farming structures : Farm structures arising from any policy change need to be sustainable and viable in the long term. In the absence of sustainable farming structures, land reform processes would not contribute towards its objective of eliminating rural poverty. i) Sustainable agriculture & sustainable land use policies : Sustainable agriculture and land use policies are an essential basis in any policy involving land issues and property rights. For the attainment of these objectives, governments need to work closely with all associated stakeholders' organizations, including farmers, researchers, extension and information personnel, private sector and non-governmental organizations. Governments have a key role in securing investment towards achieving optimal use of land resources in a sustainable manner. Equally important are the water rights, which cannot be divorced from the discussion on land issues. j) Excessive Fragmentation : Excessive fragmentation of land is being signalled as an important issue especially by farmers' organizations around the Mediterranean basin. Excessive land fragmentation can work directly against sustainable agricultural production.

2. SELECTED ADJUSTMENT MEASURES AND INSTRUMENTS

This section is intended for the detailing of key adjustment measures.

A. AGRARIAN REFORM

(i) Agrarian reform is one of the important tools in the eradication of rural poverty and in the promotion of sustainable development. It needs to be used wisely and in combination with other policy tools and supportive measures, such as credit, and within a long-term development perspective. The leadership role of farmers’ organisations and the key role of women and youth in this process is an important element guaranteeing the eventual success of the process and the welfare of rural communities.

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(ii) IFAP needs to facilitate an ongoing debate among farmers' organizations on issues outlined in the first section of this (draft) policy document.

(iii) IFAP, in partnership with the relevant international and regional organisations and institutions, shall aim to :

q Increase the access of its member and contact organisations to relevant information, skills and experience on land reform, covering its technical, social, economic and political aspects, including lessons learnt in the respective countries

q Enable exchange of experiences and know-how among member and contact organisations and multilateral institutions on the form and process of agrarian reform, in particular, with respect to the following areas:

§ instruments of land acquisition, land registration and tenure systems, § changes in the structure of land use resulting from reform processes § farmer training in the management of their new assets as land-owners.

q Promote the establishment of a clear technical policy package and guidelines for the successful application of agrarian reform initiatives.

q In cases of an on-going land reform process, explore possibilities for establishing pilot projects, based on increasing the role of farmers’ organisations in the successful conclusion of such processes, building on the existing initiatives and demands of IFAP member organisations in the country concerned.

In addition, the participation of IFAP and its member and contact organisations in the Popular Coalition, as well as the establishment of partnerships on a multilateral and bilateral basis with the Popular Coalition members, in particular with IFAD, FAO and the World Bank on the issue of agrarian reform are encouraged.

(iv) A number of issues arising from the IFAP-Popular Coalition Joint Seminar on Land needs to be further expanded. These include :

q Land reform processes :

§ comparison of experiences and lessons learnt - technical, social, economic and political aspects of land reform, § involvement of farmers’ organisations in negotiating the reform process – experiences and lessons learnt, § instruments of land acquisition : - market and non-market instrument 5

- criteria for land selection in cases on land reform based on non-market instruments; § ensuring fairness and a smooth transition, § other policy tools and supportive measures, e.g. finance and credit. § changes in the structure of land use resulting from reform processes § training § Ethical and cultural aspects of land reform

B. SAFEGUARDING PROPERTY AND USER RIGHTS

(i) Consolidation and formalisation of communal and indigenous land rights, land registration procedures which maintain the positive aspects of traditional and indigenous systems, establishment of functional land markets accessible to the rural poor. In this respect, the following areas need further reflection and expansion :

- Exploring possible definitions and modalities of land rights that can take place under communal and indigenous land systems. - Possibilities of formalisation of land rights under communal and indigenous land systems. - Assessment of their desirability with respect to other possible options and possibilities. In particular, with respect to security of tenure - individual and communal - faced with external forces such as transnational land take overs. - Communal and indigenous systems of internal governance and justice and their effects on security of tenure. - Patterns of successful evolution of traditional and indigenous land systems.

(ii) Measures to safeguard property rights for all farmers. Especially in a period of agrarian unrest and transition, the mechanisms ensuring the following need to be encouraged :

- planning and investment horizon at farm and community level is not disturbed, or destabilised. - all stakeholders can voice their concerns through democratic procedures - consultations and negotiations are undertaken with the involvement of all stakeholders.

(iii) Measures which safeguard farmers' interests in cases of extensive land take-over attempts by multinationals and large private companies. These cases, reported by farmers’ organisations especially in the case of Central America and the Caribbean, need to be studied further, and translated into policy positions. 6

(iv) Consolidation and formalisation of rights of tenant farmers,

(v) Consolidation and formalisation of rights of rural communities over the sustainable use of common property resources, such as forests.

(vi) Measures against fragmentation which favour consolidation of farmland and thus allow farmers to get the maximum benefit from their property.

C. COUNTRY SPECIFICITY AND ACTION-ORIENTATION

Each country has its own history and its own specific conditions and development. This (draft) policy document will take these differences into account, and will not try to address land issues and property rights specific to individual countries.

However, the policy document will refrain from being a repertory of case studies, and aim to have a significant role in clarifying concepts, principles and determining action orientation.

As examples of clear actions, the following may be given :

(i) Importance of a dialogue and negotiations among farmers' organizations : Importance of a dialogue and negotiations among farmers' organizations during a process of adjustment and agrarian reform. In some countries, this is indeed happening in a fruitful ma nner, where farmers organizations have arrived at a common position on the design and implementation of agrarian reform. In other countries, the process is still highly politicised, and such a dialogue has not yet been possible.

(ii) Preparing the ground for future dialogue and negotiations : IFAP will encourage, work towards and facilitate dialogue and increased understanding among farmers' organizations on land issues and property rights.

(iii) Removal of bottlenecks : In certain cases, even when a regular dialogue and negotiations among farmers' organizations have taken place, resulting in a common position on the design and implementation of agrarian reform, important bottlenecks have remained. These bottlenecks are mostly related to availability of funds for carrying out the reform process, or an entrenched position of the country's government and bilateral, multilateral donors. Bottlenecks are dangerous as they keep the country suspended in a constant potential crisis. In such situations, farmers' organizations need to be enabled to come to the forefront, especially at the international level, in order to remove such bottlenecks. 7

(iv) Establishment of relevant policy framework at international level : A number of the important issues highlighted above are currently being discussed at different international institutions and fora. It is important that farmers give a consolidated input to these diverse but important processes, and help in the formulation of the international agenda.

Appendix : CLARIFICATION OF TERMS

The following terms need to be further clarified and properly defined within the policy statement :

- agrarian reform, land reform, democratic access to land - tenant farmers

The findings of the following meetings served as the basis for this background document :

- “IFAP-Popular Coalition Joint Seminar ”, held on 27th May 1998, on the occasion of the World Farmers’ Congress. Held with the participation of more than a 100 farm leaders from 20 countries as well as IFAD, FAO and the World Bank. - 130th Session of IFAP Executive Committee, Paris, 2 nd -3rd December 1998. - Comments and contributions from the IFAP Policy Steering Committee members to the Version 01 of the Draft Document.