37448 LAW, JUSTICE, AND DEVELOPMENT SERIES Public Disclosure Authorized Public Disclosure Authorized LAND LAW REFORM Public Disclosure Authorized Achieving Development Policy Objectives John W. Bruce, Renée Giovarelli, Leonard Rolfes, Jr., David Bledsoe, and Robert Mitchell, Public Disclosure Authorized Other Titles in the Law, Justice, and Development Series Regulatory Frameworks for Water Resources Management: A Comparative Study (2006) by Salman M. A. Salman and Daniel D. Bradlow Legal Aspects of Financial Services Regulation and the Concept of a Unified Regulator (2006) by Kenneth Kaoma Mwenda The Transit Regime for Landlocked States: International Law and Development Perspectives (2006) by Kishor Uprety The Human Right to Water: Legal and Policy Dimensions (2004) by Salman M. A. Salman and Siobhán McInerney-Lankford Conflict and Cooperation on South Asia’s International Rivers: A Legal Perspective (2002) by Salman M. A. Salman and Kishor Uprety Regulatory Frameworks for Dam Safety: A Comparative Study (2002) by Daniel D. Bradlow, Alessandro Palmieri, and Salman M. A. Salman Available in French (2003). Also available in Chinese (2002) through the World Bank Office in Beijing, and in Russian (2003) through VES MIR Publishers, Moscow The Legal and Regulatory Framework for Environmental Impact Assessments: A Study of Selected Countries in Sub-Saharan Africa (2002) by Mohammed A. Bekhechi and Jean-Roger Mercier Legislating for Sustainable Fisheries: A Guide to Implementing the 1993 FAO Compliance Agreement and 1995 UN Fish Stocks Agreement (2001) by William Edeson, David Freestone, and Elly Gudmundsdottir Also available in French (2004) Land Law Reform Achieving Development Policy Objectives Law, Justice, and Development The Law, Justice, and Development series is offered by the Legal Vice Presidency of the World Bank to provide insights into aspects of law and justice that are rel- evant to the development process. Works in the series present new legal and judicial reform activities related to the World Bank’s work, as well as analyses of domestic and international law. The series is intended to be accessible to a broad audience as well as to legal practitioners. Series Editor: Salman M. A. Salman Editorial Board: Hassane Cisse, Alberto Ninio, Sophie Smyth, and Kishor Uprety Land Law Reform Achieving Development Policy Objectives John W. Bruce Senior Counsel Legal Vice Presidency, World Bank Renée Giovarelli Staff Attorney Rural Development Institute Leonard Rolfes, Jr. Senior Attorney Rural Development Institute David Bledsoe Senior Attorney Rural Development Institute Robert Mitchell Senior Attorney Rural Development Institute THE WORLD BANK Washington, D.C. © 2006 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org E-mail: [email protected] All rights reserved 1 2 3 4 :: 09 08 07 06 This volume is a product of the staff of the International Bank for Reconstruction and Development / The World Bank. The findings, interpretations, and conclusions expressed in this volume do not neces- sarily reflect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. 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All other queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2422; e-mail: [email protected]. ISBN-10: 0-8213-6468-5 e-ISBN: 0-8213-6469-3 ISBN-13: 978-0-8213-6468-0 DOI: 10.1596/978-0-8213-6468-0 Library of Congress Cataloging-in-Publication Data Land law reform : achieving development policy objectives / John W. Bruce . [et al.]. p. cm — (Law, justice, and development) Includes bibliographical references and index. ISBN-10: 0-8213-6468-5 ISBN-13: 978-0-8213-6468-0 1. Land reform—Law and legislation. I. Bruce, John W. II. Series K3871.3.L36 2006 346.04'4—dc22 2005057742 Contents List of Tables and Boxes vii Foreword ix Abstract xi Acknowledgments xiii Acronyms and Abbreviations xv Chapter 1 Introduction: Reforming Land Law to Achieve Development Goals 1 John W. Bruce 1.1 The Potential of Land Law 1 1.2 The Pressing Need for Reform 3 1.3 New Development Goals 5 Chapter 2 Reform of Land Law in the Context of World Bank Lending 11 John W. Bruce 2.1 Introduction 11 2.2 Land Law and the Bank’s Objectives 12 2.3 General Guidance on Land Policy and Law Reform 14 2.4 Legal Guidance: The Operational Policies 17 2.5 Policy and Law Reform Outside the Project Context 20 2.6 Covenants and Conditions as Contractual Tools 21 2.7 Reform in the Context of Development Policy Lending 23 2.8 Reform in the Investment Project Context 27 2.9 Land Administration Projects 28 2.10 Land Reform 47 2.11 Natural Resource Management 51 2.12 Process and Style in Land Law Reform 55 2.13 New Frontiers: Into the Land Market 63 2.14 Conclusion 64 v vi Contents Chapter 3 Overcoming Gender Biases in Established and Transitional Property Rights Systems 67 Renée Giovarelli 3.1 Introduction 67 3.2 Creating New Rights to Land 70 3.3 Creating Secure Rights through Titling Projects 79 3.4 Markets 84 3.5 Household Allocation of Land 88 3.6 Women’s Knowledge of and Ability to Enforce Land Rights 101 3.7 Conclusion and Recommendations 102 Chapter 4 A Framework for Land Market Law with the Poor in Mind 107 Leonard Rolfes, Jr. 4.1 Introduction 107 4.2 Impact of the Land Market on the Rural Poor 108 4.3 A Framework for Land Market Law with the Poor in Mind 111 4.4 Bringing Customary and Informal Practices into the Legal System 139 4.5 Conclusion 142 Chapter 5 Can Land Titling and Registration Reduce Poverty? 143 David Bledsoe 5.1 Introduction 143 5.2 Titling and Registration Programs 144 5.3 Titling and Registration and Economic Growth 151 5.4 Titling and Registration and Poverty Alleviation 160 5.5 Conclusions and Recommendations 172 Chapter 6 Property Rights and Environmentally Sound Management of Farmland and Forests 175 Robert Mitchell 6.1 Introduction 175 6.2 Framing the Issues 178 6.3 Property Rights: The Importance of Enforceability 180 6.4 Policies, Legal Tools, and Environmental Impacts 189 6.5 Conclusion 224 Chapter 7 Conclusion 227 John W. Bruce Selected Bibliography 231 Index 249 List of Tables and Boxes Table 3.1 Attitudes Toward Female Ownership of Land 86 Table 6.1 Control Right Assertion and Resource Use 182 Table 6.2 International Instruments Related to Land and Resource Use and the Environment 186 Table 6.3 Resource Management Options and Environmental Externalities 190 Box 4.1 Legal Aid in Action: Vladimir Province, Russia 130 Box 4.2 Legal Aid in Action: The Kyrgyz Republic 131 Box 4.3 Land Transfers by Custom in Uganda 141 Box 6.1 Negative Environmental Impacts Associated with Farming and Forestry 176 Box 6.2 Water Use Regulation and Land Conservation 192 Box 6.3 Environmental Stewardship—a Relative Concept 211 vii Foreword Land is a critical asset for economic growth, social development, and poverty alle- viation. The terms on which land is held, used, and transferred have important con- sequences for economic growth, the distribution of wealth, and alleviation of poverty. We live in an age of profound and often rapid transitions in the economies and societies of nations. It is notable that in those transitional economies that are moving to rely more heavily on market forces, land law reform is commonly near the top of the national reform agenda. Difficult policy choices are required because land tenure serves a multitude of purposes. Land is valued by some as an investment opportunity, by others as a safety net, and by yet others as critical to their cultural identity. Accordingly, land law reform is increasingly becoming a pressing need in many parts of the world. Many developing countries seek to move beyond the laws inherited from their colonial past or to update their land law in key areas like condominium law or the law relating to mortgages. Others grapple with the socially complex issue of the future of customary land tenure and the traditional institutions associated with it. This book examines issues at the forefront of the debate on land law reform, pays particular attention to how reform options affect the poor and disadvantaged, and recommends strategies for alleviating poverty more effectively through land law reform. It reviews the role of the World Bank in land law reform, examining issues of process as well as substance. It also identifies key challenges and direc- tions, and stresses the need to design law reforms in ways that suit diverse eco- nomic, legal, and institutional environments. The Legal Vice Presidency is pleased to offer this publication and hopes it will deepen the understanding of the role of land law reform in poverty alleviation, gender equity, and environmental protection.