Presentation on theme: "Tenure and Conflict Tim Fella Land Tenure and Conflict Advisor"— Presentation transcript:
1Tenure and Conflict Tim Fella Land Tenure and Conflict Advisor USAID Land Tenure and Property Rights Division19 February 2014
2Land is a multi-dimensional resource… Means of production, basis of livelihoodsAsset for economic and social securitySource of political power and revenueSource of identity, social status and a sense of ancestral ‘belonging’Deeply political and emotional topic as well as an economically important assetLand means different things to different actors, and is valued by them for quite different reasons. This is a source of conflict.
4What are some of the causes of land-related conflict? Land scarcity: absolute, distributive, environmentalVulnerabilities are like kindling…Violence most often occurs when “trigger events” ignite the kindling.Insecurity of tenure: fear of loss of land access and/or displacementGrievance: long-standing resentments, often over earlier displacements
5Nested Conflicts Political patronage networks Periodic stresses: political / economic / environmentalDDProtected areasConflictIntraIntra-community tensionsInter-ethnic tensionsTenure systems are nested within larger systems (e.g., economic, political, social systems), which have implications on equity, efficiency, security, productivity, and credit access and therefore can easily be exacerbated by political, economic or environmental events. Tenure conflicts, however, are often times also nested within a range of other problems such as centralized governance, weak legal frameworks, inter-ethnic tensions, etc. therefore it is often times difficult to say that a conflict is purely driven by land or whether a confluence of other factors have also contributed to the problem.Political patronage networksHistorical land claimsCustomary vs statutory tensionsFailing land registryOver-Centralised governance systemsInternational legal frameworks
6What events trigger violent conflict? DisplacementNatural disastersWar and civil disorderIntensifying competitionInfrastructure and investment that increases land valueResource discoveries (i.e. diamonds, water)PoliticalAdoption of new policies and lawsContested elections
7Land in the Conflict Cycle The Sad Truth40% of conflicts which have ended restart within ten years (Huggins)Underlying root causes of conflict must be addressed to arrive at lasting peace and stabilityOtherwise, conflicts fester and are expressed through many forms of passive and active resistanceLand in the Conflict CycleLand is a structural cause of conflict: Land can be both a source of vulnerability and a trigger.Land sustains conflict: Land with high-value natural resources (i.e. diamonds) sustains insurgencies and warring factions. Warring parties compete for control.Land post-conflict: Prior competition for land may remain unresolved, and war often creates now conflict.Conflict over land resurfaces in new forms, sometimes with new players.
8Common issues in post-conflict disputes: Overlapping rights and claimsLack of relevant land/ NRM policiesDysfunctional land administrationLarge scale land acquisition or encroachmentCalls for compensationAmbiguous, controversial or unenforceable lawsPhoto: Tetra Tech ARD
9Case Study: Conflict Diamonds and the PRADD Project
10PRADD Methodology Participatory rural appraisals 1 2Produce maps of land and related mining claims3Stakeholder validation of claims4Production of a geo-referenced database5Issuance of property rights certificatesLegal diamond production has increased 450% compared to 21% for the rest of the country.
11Burkina Faso Rural Land Governance Project Land disputes originate from:Tensions between customary and statutory tenure systemsCompeting land uses (i.e. pastoral vs. agricultural)Unclear land rightsWeak land administration institutionsIncreasing population pressures
12Burkina Faso Rural Land Governance Project cont. Village Land Reconciliation Commissions created and trained in conflict mediationJudges, lawyers and para-legals trained in land conflict resolution and land lawParticipatory land use planningDelivery of land use certificates47 of the country’s 302 rural communes now have land administration services to resolve disputes and register land rights
13Tools for Mitigating Conflict Expand voice for grievances and concernsReform land policy and lawsReform land governance and administrationEstablish fair and prompt land dispute resolutionEnable land restitutionImprove land access and security of tenureImplement consciousness-changing initiatives
14Conflict mitigation and/or resolution? Fire-fighting (ad-hoc commissions, dispute mediations by NGOs, etc.) can play a vital role in building peace in the short termBut national commitment to redress injustices may also be requiredReturn to ‘status quo’ may mean an eventual return to violenceOutsiders need to both support and challenge government to reformExternal actors can only facilitate sustainable change, not force itWeapons of the weak expressed through fire –a sign of resistance with underlying roots in unresolved conflicts
15Take Away MessagesLand and natural resources have multiple meanings for different actors, Conflict often involves disagreements over values as well as interestsContested governance of land and natural resources is a major source of conflict, with no consensus on the basic ‘rules of the game’Tensions over the control and benefits from land and resources can often be exacerbated by political, environmental and economic eventsLong-term solutions that avoid recurrence of conflict involve addressing grievances, changing perceptions and constructing common ground