Addressing land Issues in a Post Conflict Situation:

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Presentation transcript:

Addressing land Issues in a Post Conflict Situation: World Bank Conference , 14-15 February 2008 Challenges for Land Policy and Administration Addressing land Issues in a Post Conflict Situation: The Sudan Experience Paul V. De Wit

Access to land and natural resources: A major source of conflict Competition for access to land and natural resources in an agrarian environment; A hostile ecologic environment and an imperative for mobility; Multi-cultural society; strong horizontal social organisation: dynamic alliances; ethnic fault lines A series of conflict catalysts: drought, population growth, land management policies

Post conflict environment Displacement, return, resettlement, slums, evictions; realities/myths Decision making in absence of legitimate rights holders and land grabbing; Chaotic policy-legal-institutional environment; Military, war veterans, new elites, foreign investment; Land administrations in shambles.

Mechanisms to initiate land policy reform Peace Agreements Comprehensive Peace Agreement; Naivasha Darfur Peace Agreement Eastern Sudan Peace Agreement Interim Constitutions Land Commissions National LC Southern Sudan LC Darfur LC State LCs

Progress made on Policy Development No NLC established; An embryonic SSLC; No State LCs; An invisible Darfur LC. Draft legislation on The National Land Commission 2006 In accordance with the provisions of the Sudan National Interim Constitution 2005, the national Assembly has passed and the President of the Republic has signed the following Act: THE NATIONAL LAND COMMISSION BILL 2007 Be it hereby enacted by the National Assembly, in accordance with the Interim National Constitution of the Republic of the Sudan 2005, and signed by the President of the Republic, the following Act:

FAO Sudan Land Programme Land assessments; Support to establishment of NLC; Support to functioning SSLC; Land Policy Discussion in Darfur; Information dissemination and dialogue; Ascertainment of customary law; Support to land administrations; Community land management piloting; Conflict management – bringing people together

Lessons learned on the process Isolated processes without synergies; but concurrent powers Building policy reform process into the peace agreement and constitutions; how much? Monitoring? Situational analysis, awareness raising and information dissemination; induce versus coerce change; Competing institutional responsibilities and blurred policy directions; Donor engagement, coordination and funding priorities; Civil society participation; Acknowledgement of the multi dimensional character of land: economic, social, humanitarian, political.

A framework for addressing post conflict land issues

The present Humanitarian /emergency action in a development context Early assessments; Broad dissemination of assessment information; Support to emerging land administrations; Awareness and information on land rights for IDP and refugees; Legal aid and legal counseling; Transparent and coherent measures for securing access for displaced, returnees and hosts; Creating new residential plots; urban planning; Direct support to women; Laying a basis for policy and institutional development.

The Past Addressing land claims: policy, legislation; Restitution, compensation, creating new opportunities; status quo or reform? Making functional land administrations and other supporting institutions (valuation, judiciary).

The Future

Elements of Land Policy Contents Balancing social and economic (investment) challenges: land belongs to the people/communities? Legalizing customary land rights; complex, diverse, options Land and natural resources under a common tenure regime: need for access to territories ; a series of challenges; Rights of women under customary and statutory law; Alternative conflict management; Use of customary law: where, how?

Concluding remarks Land, as a major cause of conflict, is not adequately addressed; Dealing with land under an emergency context is difficult but required; All action needs to be framed in a longer term vision; a package of action is required; Developing a vision is problematic and chaotic; What next??