1. Workshop on Restoration of Land Ownership Rights and Strengthening the Land Administration System in Post-Tsunami Aceh Monitoring Project Implementation Community Monitoring, Engagement with NGOs/Housing Providers/CSOs, and Independent Monitoring M.S. Shivakumar, EASRE The World Bank Office March 11, 2009

2. I n d o n e s i a : R e c o n s t r u c t i o n o f A c e h L a n d A d m i n i s t r a t i o n S y s t e m Issues that had an Impact on Implementation of the Land Titling Program under RALAS Fear of land grabbing (dispossession) leaving families vulnerable to conflicting claims and eviction. 1 Inadequate administrative and legal systems. Fear of poor governance. Physical security issues (due to conflict and post- conflict). BPN’s capacity to monitor implementation.

3. I n d o n e s i a : R e c o n s t r u c t i o n o f A c e h L a n d A d m i n i s t r a t i o n S y s t e m Objectives of the Monitoring Tools and Mechanisms 2 To reduce land disputes and enhance public trust in the titling program. Focus on strengthening community and civil society role in monitoring. Tools are to be Independent, Accessible, Faster, and Inexpensive. To ensure quality of work and outputs. approachapproach objectivesobjectives

4. Monitoring Pillars A. Community Monitoring Community education and awareness raising Community Land Mapping Community Meetings 3 I n d o n e s i a : R e c o n s t r u c t i o n o f A c e h L a n d A d m i n i s t r a t i o n S y s t e m B. Engagement of Shariah Courts (on inheritance and guardianship cases and protection of women’s land rights) C. Independent Oversights Mechanisms for BPN-NGO/CSO Engagement Project Steering Committee (with representatives of NGO and CSO included) Complaints Handling and Independent Monitoring (third party oversight for 2006 work program) E. Additional/Independent Monitoring Approaches Special/Extended audits by the Government’s Audit Agency Regular field visits by the Bank Monitoring Team Project Implementation and Beneficiary Assessment (2008) Gender Assessment Study (2009) D. Regular Project Monitoring Preparation of Annual Work Programs through a rigorous process. Field visits and quality control

5. Accomplishments to date A. Community Monitoring No land grabbing or dispossession found. Community land maps prepared for about 120,000 land parcels Community meetings convened before public notification. It also confirmed and reinforced customary land holdings. 4 I n d o n e s i a : R e c o n s t r u c t i o n o f A c e h L a n d A d m i n i s t r a t i o n S y s t e m B. Engagement of Shariah Courts and its Officials Trained Shariah court officials. Funded Shariah officials to conduct public education campaigns at the village level. Mobile courts supported to assign guardians for minors.

6. Accomplishments to date (2) NGOs/CSOs engaged during project design phase (2005). 5 I n d o n e s i a : R e c o n s t r u c t i o n o f A c e h L a n d A d m i n i s t r a t i o n S y s t e m NGO/CSO representatives included in the PSC. C. Independent Oversights Independent Consultant Group carried out complaints handling and independent monitoring (2006). BPN-NGO/CSO joint selection of the titling locations Audits by the Government Audit Agency. Bank Monitoring Team’s regular field visits helped to further strengthen fiduciary and good governance areas.

7. Challenges Encountered

8. 1. Harmonizing BPN/RALAS’s engagement with NGO/CSO Work BPN-NGO/CSO engagement should be based on their respective mandates, core skills and capacities. 6 I n d o n e s i a : R e c o n s t r u c t i o n o f A c e h L a n d A d m i n i s t r a t i o n S y s t e m Issues: With the gradual closure of the reconstruction phase and moving towards long-term development, NGOs/CSOs own dilemma on advocacy on land coupled with BPN’s capacity to engage with them. NGO/CSO activities were limited to immediate housing/infrastructure needs whereas RALAS has broader objectives (restoration of land rights).

9. 2. Protection of Vulnerable Groups Engagement of Shariah Courts and/or regular field monitoring required to enhance protection to women, children and other disadvantaged groups (e.g., cases of inheritance and guardianship). 7 I n d o n e s i a : R e c o n s t r u c t i o n o f A c e h L a n d A d m i n i s t r a t i o n S y s t e m Implementation of joint titling (registration in the name of both spouses) also should include methods and tools for the systematic collection and publication of gender disaggregated data.

10. 3. Institutional Development Government’s capacity and technical skills in preparedness (and monitoring) will have to be developed in the areas of: –Systematic planning and preparation of annual work programs. –Field validation of sites selected for titling. –Full coverage of selected sites. –Regular training/orientation for the field teams (for uniformity of approaches and standards) –Field quality control. 8

11. 1.Community monitoring is effective and increases social capital. Lessons Learned 9 I n d o n e s i a : R e c o n s t r u c t i o n o f A c e h L a n d A d m i n i s t r a t i o n S y s t e m 2.NGO/CSO capacities should be appropriately assessed and utilized, at every phase, building on their strengths. 3.Regular and intense field monitoring is required. 4.An opening for change: Restoration of land rights should be seen as an opportunity to “build back better”. Government institutions must be appropriately prepared with legal and policy frameworks, and human resources.

12. Thank you