Presentation on theme: "International Land Coalition Fernando Eguren CEPES December, 2008."— Presentation transcript:
International Land Coalition Fernando Eguren CEPES December, 2008
Securing land rights of rural poor helps in reducing poverty and in strengthening social and cultural cohesion. Land rights are related to historical backgrounds. There are also related to economic, political and social contexts. Land rights are formalized, either by law or by tradition.
Climatic change Food security Rural poverty Rural territories and peasants GMOs Natural resources Energy - Agrofuels Decentra- lization
Before 1970 : Latifundia and minifundia. Modern (coast) and semi-feudal social relations (highlands) coexisted. Strong modernizing peasant movements contested status quo. Massive rural – urban migration. 1970 – 1975 : Radical land reform. All big landholdings were expropriated and replaced by production cooperatives. Peasant communities received land. Land markets virtually suppressed.
1980 – 1990 : Cooperatives broke down and gave place to family-size farms. Small holdings became dominant. Legislation gradually softened. 1990 – 2000: Brusque radicalization of neo- liberalism. Land property legislation opened land markets without limits. Medium and big size investments in modern export agriculture. Concentration of land control through different paths.
2000 – 2008: Consolidation of concentration of land property. Impact of globalization trends. Free Trade Agreements (USA, China…). New set of laws weakens peasants rights to land.
Concentration of new irrigated land Chavimochic (1994-2006) OWNERSHECTARES CAMPOSOL S.A 5,865 COMPAÑÍA MINERA SAN SIMON S.A 4,166 EMPRESA AGROINDUSTRIAL LAREDO 3,726 REGO CORPORATION 3,542 EL ROCIO S.A 2,356 DANPER TRUJILLO S.A 1,640 GREEN PERU S.A 1,320 SOCIEDAD AGRICOLA VIRU S.A 1,281 MORAVA S.A.C 1,113 UGAS DE LA TORRE UGARTE MANUEL 1,087 CEFER AGRICOLA CHAVIMOCHIC 1,004
RegionHectares Coast140,145 Andean Sierra110,000 Amazonian basin1,307,000 Total1,557,145 Firms: Coazucar, Maple Ethanol, Romero Group, Heaven Petroleum, Inversiones Agroindustriales, Agroindustrial Tumán, Agroindustrial Pucalá, Pure Biofuels, Diversified Investment Funds Sierra Exportadora Programme in Junín and La Libertad Firms: Palmas del Espino, Palmas del Shanusi, Agroexportadora Shanusi, Pure Biofuels, Samoa Fiber, Kausar Corp.
Land markets Transference of workers-owned huge sugar cooperatives to private investors New arable land (irrigation schemes) Land concessions for extractive industries (mining, oil and gas, timber) Agrofuel Tourism
WB, IDB and other entities impulse land rights formalization since 1990s PETT in Peru; INRA in Bolivia; INDA in Ecuador; CONTIERRA in Colombia; PROCEDE in Mexico. In Peru: 18 million estates and 57 million allotments (1994 census), but only 300 thousand registered. Official policy: individual titling of communal land.
The final purpose of this proposal is to contribute to the amelioration of the conditions of access to the land by rural poor, and the respect of their land rights. This includes influencing for better national and international policies.
The general objective is to propose a monitoring system of the access of rural poor to land, and the security of their land rights. This implies the definition of indicators, an institutional arrangement and a working methodology.
The indicators should aim to influence public policies concerning ownership of natural resources. They could be used to campaign for registration of land rights, or to favor land reforms; or promoting transparent land markets, to manage conflicts, etc.
The indicators should be oriented to protect peasant and natives rights to land, and to increase their capacity to defend them.
Community level. They are useful for and usable by the members of the peasant community. National level. They describe how security of land rights changes through time at a country level. Global level. They are useful for comparative purposes, and to reinforce the analysis of relations between global trends and security of land rights. Useful also for regional / international campaigns.
Small landholders and their families Holdings size: 10 irrigated hectares or less (or equivalent). In coastal region, but also Andean valleys and Amazonian watershed. Peasants and their families In the Andean highlands and upper jungle. Multiple activities besides agriculture. Peasant communities As before, but members of peasant communities. Native communities Extended families in ethnic groups in the Amazon watershed. They control territories.
Extractive industries Land markets / imperfect markets Inappropriate / unjust legislation Compulsive land seizures Mega schemes (irrigation schemes…) Non registered / titled land rights Boundary conflicts Power abuse Lack of monitoring institutions Internal migrations / colonization
Normative Institutional Census (land distribution) Subjetive (perceptions of un/security) Ad hoc indicators
Normative instruments a. Binding international agreements Instruments on– line IndicatorsAnalysis documents b. Non-binding international statements /declarations Instruments on– line IndicatorsAnalysis documents c. National Constitution Instruments on– line IndicatorsAnalysis documents d. National legislation Instruments on– line IndicatorsAnalysis documents
1. Preparation of basic drafts (if necessary) 2. Selection and ordering of instruments (international agreements, Constitution, national legislation) 3. Legal instruments on-line 4. Defining indicators 5. Defining the web site (in coordination with ILC at regional / global levels) 6. Consultation with members and associates
7.Putting the web page on line 8.Widening the process regionally 9.Two yearly reports (Law in Action) 10. Campaigns Defining common guidelines for comparison Selection of the issue to be analysed 11. Widening the process beyond the LA region
Tenure security indicators Are formally registered property rights available to all without discrimination? (USAID / IARPR) Does the most commonly available form of tenure guarantee [a minimum standard of] secure rights? Accessibility of land of administration system to all users Are there clear and equitable arrangements for secure tenure and negotiating access rights for CPRs ? (IFAD) Incidence of evictions without due legal process / compensation (UN Habitat)
Indicators for access to land Are there specific programmes to remedy problems of landlessness and inequitable land access for poor and vulnerable groups (IFAD) Costs, time and steps to register property (WB DBS; USAID / IARPR)
Indicators of effective land markets Do the most commonly held forms of tenure guarantee rights to transfer land (by sale / lease / to heirs / by gift / grant / mortgage) ? Are there policy restrictions on rental or sales markets? Are formal rental and sales markets accessible to the poor? (IFAD)