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Timor Leste Land Law Program Applied research and legislative drafting Institutional Strengthening with UNTL Related Capacity Building (LPU, UNTL, MOJ)

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Presentation on theme: "Timor Leste Land Law Program Applied research and legislative drafting Institutional Strengthening with UNTL Related Capacity Building (LPU, UNTL, MOJ)"— Presentation transcript:

1 Timor Leste Land Law Program Applied research and legislative drafting Institutional Strengthening with UNTL Related Capacity Building (LPU, UNTL, MOJ) Quadrilingual Glossary

2 East Timor - Background

3 Urban Properties –Occupation and dispensation of former Indonesian residences; –Destruction of housing stock –Returnees; –Claims and disputes; –Informal land market; –Constraints to investment –Gender

4 Rural Properties –Areas still occupied by East Timorese transmigrants; –Dispute resolution; –Legitimacy/availability of evidence for use in claims and disputes; –How is the informal land market operating currently; –Ability of Adat systems to resolve conflicts within and between communities, and vis a vis large commercial interests, incl. gender.

5 Key Laws Land dispute mediation; Land/title registration; Land title restitution, conversion of formal & traditional rights Compliance with ET constitution by foreign owners Other relevant laws: State property admin. Cadastre system

6 Core Laws: Dispute Mediation, Restitution Dispute Mediation (local in-place processes): Who, how, legitimacy, authority, appeal; Evidence; Groups: within, between (incl. migrant); Interface between local and state systems (LPU role); legal interface – evidence; Displaced persons (individuals) access to mediation systems; Costs, compare to state system.

7 Restitution Law (requisites & procedures to determine who is legally entitled to ownership & other use rights – Post occupation & conflict) Local System (select topics): –Who distributes land-use rights; –Does freehold, leasehold, expropriation exist; –Nature of boundaries; –Rights possessed by transmigrasi/IDPs (from point of view of both local communities and dislocatees; –What elements determine legitimate use / possession rights; Core Laws:

8 Core Laws – Restitution Law, cont. State System: –Portuguese & Indonesian title regiems – rights connected to each type of title. All Tenure Systems, Urban & Rural: –Means of proof/evidence accepted in relation to property rights – availability, legitimacy; –Seperable rights – surface rights, buildings, tree, crop, etc.

9 Where We Are Currently Legislative Themes Research Input Needed State Property AdministrationAug 30, 03 Cadastral SystemEnd Oct, 03 Mediation (key, core)Oct/Nov, 03 Land/Title Registration(key)End Feb, 04 Restitution(key, core)End April, 04 Compliance with ET Constitution by Foreign Owners (key)End April, 04 Next

10 Other Project Activities UNTL Research Center University Consortium Capacity Building – Legal (LPU, MOJ) – Research (UNTL, proj employees Glossary

11 Post-Conflict Land Tenure Reform ‘Best Practice’? (Michael Brown) Land tenure always a primary issue after conflict East Timor case as an approach to post- conflict land tenure - reform –Follows on Mozambique (success); –Academic research; –Deals with ‘study’ in a different way; –Does the East Timor case hold potential as an example for other countries?

12 Potential Follow-on Work in ET –Land Law Dissemination –Enabling Environment – Investment –Irrigation Schemes & Smallholders / Largeholders (IU Workshop) –Coffee Lands and Smallholders / Largeholders –Land Tenure and Parks and People Issues –University Consortium

13 Land Tenure Work at Indiana University WORKSHOP IN POLITICAL THEORY AND POLICY ANALYSIS Elinor Ostrom – extensive experience working on common property problems, esp. irrigation-Asia, forest resources, fisheries, grazing resources-Africa, global environmental change. Focus on institutional design principles. A primary, longstanding connection – Jaime Thompson

14 Land Tenure Work at Indiana University, cont. Department of Geography Agriculture & Land Tenure Poverty and property rights in the developing world: not as simple as wewould like. Land Use Policy The relationship between indigenous pastoralist resource tenure and state tenure in Somalia. GeoJournal Agroforestry, reforestry and the carbon problem: the role of land and tree tenure. Interdisciplinary Science Reviews Restocking refugee pastoralists in the Horn of Africa. Disasters Nomadic pastoralism and irrigated agriculture in Somalia: utilization of existing land use patterns in designs for multiple access of "high potential" areas of semi-arid Africa. GeoJournal Land tenure and identity change in postwar Mozambique. GeoJournal Land registration, tenure security, credit use and investment in the Shabelle region of Somalia. In: Searching for Tenure Security in Africa. The World Bank and Kendall\Hunt Publishing, With Roth & Barrows Post-Conflict Land Tenure Post-conflict recovery of African agriculture: The role of 'critical resource' tenure. Ambio Land tenure and legal pluralism in the peace process. Peace and Change: A Journal of Peace Research Local land tenure in the peace process. Peace Review Postwar land dispute resolution: land tenure and the peace process in Mozambique. International Journal of World Peace. The role of land conflict and land conflict resolution in a peace process: Mozambique’s return to agriculture. Refuge Refugee resettlement on the Horn of Africa: the integration of host and refugee land use patterns. Land Use Policy Land dispute resolution in Mozambique: evidence and institutions of agroforestry technology adoption. In: The Role of Property Rights and Collective Action in Developing Countries, Johns Hopkins University Press Resource Sharing: small holders and pastoralists in Shalambood, Lower Shabelle Region. In: The Struggle for Land in Southern Somalia: The War Behind the War. Westview Press Somali rural property rights: whither the future? Journal of the Anglo-Somali Society. Resource tenure issues in the resettlement of Sudan's displaced agriculturalists. Journal of Northeast African Studies.

15 Land Tenure & USAID History of land tenure work at USAID, focus on “the study” – all land tenure situations are unique….. Current caution regarding studies at USAID Potential utility for a “package” or “best practice” approach? (post-conflict, refugee, investment, agricultural development & food security, institutions & governance, natural resources, etc? In addition to the short-term “advisor” approach

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