Land Certification in Madagascar: Formalizing f(or) Securing? Perrine Burnod, CIRAD Rivo Andrianirina – Ratsialonana, Madagascar Land Observatory Zo Ravelomanantsoa National Land Program

Foundation elements : Downfall of the land title system (archive, cost, time) Congestion of land administration services, Need to document rights : large practice of “petits papiers” ; assumption of prevailing land insecurity, Assumption of a mass demand for formalization, Formalized rights would boost investment, formal land markets, access to formal credit, Two major innovations : Revocation of the principle of state ownership. Decentralization of land management to communes (non – titled occupied land) : land certificates. 1.The 2005 Malagasy Land reform

Around 500 Local Land Office (1/3 of the territory). > (on – demand) requests – over land certificates issued, End of the monopoly of the land administration on land management and formalization, Participation of local communities in land rights recognition 2.An unprecedented revolution…

Lower cost and quicker issuance, Access and legal empowerment of women, migrants and vulnerable groups, Land governance and empowerment of Communes (disputes arbitration) 2.An unprecedented revolution…

Limited demand (9 %) for certificates: perception of security through customary system, collective tenure. Land certificate price (15 USD) is still an issue Sporadic applications, dispersed coverage Uphold of the practice of “petits papiers”, 3.…though emerging controversies Land Title Land tax receipt

Asymmetry of legal value : land certificate < land title: credit, transformation Link land certification and taxation not established, Non – systematic link and little added – value between formalization – investment – formal market – credit. Few formalized property transfers on certified land, Financial sustainability of LLOs, dependence over technologies. Weak enforcement of local land governance (LLO focused on formalization), 3.…though emerging controversies

Mass demand for formalization: myth? At what scale? With which document? For whom? Against whom? Perception of security over time? Main reasons to certify lands: reaffirm ownership (in case threats or conflicts), opportunistic response to promotional campaigns, Land rights are already socially recognized, Statutory vs. customary: the mayor seen as a representative of central government. Fear of the State and of administrative office. 4.Formalizing vs. securing

Households generally adopt more than one securing mode: complementarity more than substitution, Explore in – depth more options of formalizing the petits papiers (standardization of deeds, delineation, validation). Assign special status for pastureland and collective tenure. Do not have compulsorily to be certified. LLO and land certificate : a mean, not an objective? Promote systematic land registration for the purpose of taxation, land use planning. Land certification optional. 4.Formalizing vs. securing

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