Grenville Barnes: University of Florida Maria DiGiano: Earth Innovation Institute Clarissa Augustinus: UN-Habitat INTEGRATING COMMUNAL AND INDIVIDUAL PROPERTY RIGHTS: LEARNING FROM THE MEXICAN EJIDO EXPERIENCE

Content Relevance of Mexico? Historical continuum of property Land Governance and Tenure System Land Transactions Transformation over time Lessons

GLTN Customary Tenure Initiative Recognises that: Customary tenure systems are predominant in Africa and elsewhere Customary tenure land coming under increased pressure and conflict Most customary rights are not protected by statute Tries to develop tools to: Enhance tenure security on customary land Protect the interests and rights of marginalized people living on this land Better align customary and statutory land systems …..acknowledging the legitimacy of indigenous land rights, land policy processes must also recognize the role of local and community-based land administration/management institutions and structures, alongside those of the State. (Framework and Guidelines on Land Policy in Africa (2010)

Relevance of Mexico? USA Belize Guatemala (Total area of Mexico = Area of DRC + Kenya + Tanzania) Over communities covering 52% of area of Mexico Operated for over 80 years Affects the rights of over 5 million people Community level documentation of land transactions Extensive pro-poor statutory registry system Most successful land reform in Latin America Distribution of Community Land Tenure

Historical Continuum of Property Rights in Mexico TIME Mexican Revolution Independence from Spain

Land Governance System Ejido Council Vigilance Council Community Assembly Agrarian Attorney’s Office Notary National Agrarian Registry Office Facilitator Private Property Registry Office Agrarian Tribunal STATE-LEVEL GOVERNMENT PRIVATE SECTOR COMMUNITY LEVEL

Community Level Governance and Land Registration General Assembly Ejido Counci l (pres, secr, treas) Vigilance Council (pres, 2 secr)

Ejido Land Tenure

Rights of different stakeholders in ejido possessors

Land Certification (PROCEDE Project) National Program to clarify/delineate community boundaries (1993 – 2006) Land use certificates to individual holdings Common-use certificates to % share of common land Title to urban lots Documents registered in National Agrarian Registry (RAN) Certificates not freely marketable but a pre-requisite for privatization process Covered 94% of all rural communities [Source: Smith et al 2009] Parcel Certificate Common-use Certificate Urban Lot Title Cadastral Plan

Individual vs Common Use Land (2007) Individual Use Rights Common Use Rights Countrywide States

Noh Bec – The Poster Child Created in 1936 now has 219 members (pop ) 1993 forest ownership assigned to the ejido 78 % of its ha is forested and FSC Certified In 2001 created company for timber processing and marketing Ejido members are associates in business Provides 90 permanent and >100 seasonal jobs US$ 2.5 Million annual turnover Ejidatarios each receive US$2500 – 3000 annually N

Property Registration Systems 13 Property Registration Systems 13 EJIDO NATIONAL AGRARIAN REGISTRY (RAN) Registry Book Issue New Certificates (adverse possession) (sales) Approve Boundary Plans Issue Parcel Certificate Issue Common-use Certificate Technical Norms Issue New Private Title Technical Assistance Internal Regulations List of Successors General Assembly Minutes Land Use Contracts (with 3 rd Parties) Sell Parcels Convert to Private Property Sell Membership Private Property Registry Community level State level State Laws and Regs

State-Level Land Registration - RAN 87% of Transactions done free of charge Most transactions relate to succession issues Ejido Parcel Sales and Buyer Information - 25 Ejidos (2006) Total No of Parcels No of Parcels Sold Origin of BuyerParticipation in Ejido EjidoResidentOutsideYesNo Total3, % 10.6%10.1%35.5%54.3%33%67%

How have Ejidos Transformed? “No private property exists in this community - Land sales are prohibited” Approx. 7-10% of ejidos have converted to private property Why have they converted? Rising land values due to urbanization Maximizing payment when expropriation imminent Land near tourism areas Leave (will) to multiple successors

Lessons Community Land Title provides protective shell Standardized governance structure Specific registry for communities mostly free to users Based on a massive adjudication and certification effort (1993 – 2006) Communal land has preserved natural resources which provide valuable environmental services (e.g. clean water, air) Statutory land administration system integrated into indigenous system Not everyone has a voice or vote in community Governance Inter-generational transfer issues (legal and social) Policy change to allow privatization has not integrated community members into the larger economy Confusion between title and usufruct certificates (land market in both) State registry not easily accessible (recent initiatives to address this) Negative Positive