Publication: Land Law Reform : Achieving Development Policy Objectives
Loading...
Published
2006
ISSN
Date
2012-06-05
Editor(s)
Abstract
This book examines issues at the forefront of the debate on land law reform, pays particular attention to how reform options affect the poor and disadvantaged, and recommends strategies for alleviating poverty more effectively through land law reform. It reviews the role of the World Bank in land law reform, examining issues of process as well as substance. It also identifies key challenges and directions, and stresses the need to design law reforms in ways that suit diverse economic, legal, and institutional environments. This book is a contribution to comparative thinking on reform of the law relating to land. It examines the implications for land law reform in the broadening of development goals beyond growth to include environmental protection, poverty eradication, and achievement of gender equity, and it reviews a broad range of experience in land law reform. After the introductory chapter, chapter 2 examines how land law reform is achieved through World Bank initiatives. It reviews steps the Bank has taken to achieve comprehensive reforms of land law in the context of natural resource management and land reform programs and land administration projects. It also analyzes lessons learned from various land law reform processes. Chapter 3 addresses reform of rules affecting women's access to and rights in land. The topic is one in which broad recommendations are not necessarily easy due to cultural and other norms governing women's rights and freedoms regarding land. Chapter 4 examines how to develop land markets while minimizing adverse effects and enhancing positive impacts on the poor. Chapter 5 discusses the importance of titling and registration of land rights, reviews concepts that are supported by the Bank in many of its land projects, and describes how titling and registration can affect economic growth and the alleviation of poverty. Chapter 7 deals with issues of equity and poverty in the context of conservation and environmental protection of farms and forests. It examines the role of individual property rights, as well as the legal tools that can be used to encourage conservation. The conclusion draws together significant aspects from all the chapters that are needed for effective land law reform.
Link to Data Set
Citation
“Bruce, John W.; Giovarelli, Renée; Rolfes, Jr., Leonard; Bledsoe, David; Mitchell, Robert. 2006. Land Law Reform : Achieving Development Policy Objectives. Law, Justice, and Development. © World Bank. http://hdl.handle.net/10986/7198 License: CC BY 3.0 IGO.”
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Identifying and Working with Beneficiaries When Rights Are Unclear : Insights for REDD+ Initiatives(Program on Forests (PROFOR), Washington, DC, 2012-02)Expert statements indicate that annually approximately 20 billion dollars will be needed to prevent 90 percent deforestation in tropical countries. Development practitioners are eager to see the benefits from REDD plus initiatives shared with local partners. Equally important to understanding how local partners might benefit are questions such as, who should derive benefits from REDD plus initiatives, and how to ensure these initiatives reach the affected households, individuals, communities, companies, and government units. Getting benefit-sharing rights is fundamental, as it will determine how REDD plus initiatives serve a broader development agenda and prevent them from centralizing decision making and enabling elite capture. This paper examines how to address this challenge by adopting a legal pluralism framework and discussing the potential role of legal instruments such as contracts. While the analysis focuses largely on REDD plus activities that involve land, forests, and carbon sequestration, many of the principles suggested are applicable in a broad sense to REDD plus projects dealing with energy and other matters. This paper explores the substantive legal issues and procedural options for identifying beneficiaries in such contexts and ways of working with them despite the legal uncertainty. It gives considerable attention to process, an approach reflecting the diversity of the situations on the ground. To explore these issues, the paper draws upon several relevant bodies of learning on forestry projects and programs, including the literatures on land, tree and forest tenure, legal pluralism, forest project design and implementation, the protection of indigenous peoples, and resettlement issues associated with development projects. The paper also explores how contracts or agreements could be used to work with the beneficiaries and clearly capture the different parties' rights and responsibilities. It examines experiences discussed in the literature, and reviews three good practice projects. Lessons are drawn from both those projects and earlier relevant experiences.Publication Andean Countries : A Strategy for Forestry, Volume 3. Ecuador(FAO, Rome, 2006-08-31)The World Bank's revised forest policy came into being in 2002 and covers all types of forests. It has the following key objectives: (i) harnessing the potential of forests to reduce poverty in a sustainable manner; (ii) integrating forests effectively into sustainable development; and (iii) protecting vital local and global environmental services and values. The policy enables the bank to fully engage in forestry throughout the developing world, while ensuring that it complies with such safe guard policies such as OP 4.01 (Environmental Assessment), OP 4.04 (Natural Habitats) and OD 4.20 (Indigenous Peoples). On the other hand, the policy provides only a general framework for its lending operations in forestry and cannot take account of the individual socio-economic and environmental needs of regions and sub regions. To carry out the work, experienced local consultants were recruited to prepare country level reports following guidelines provided by the FAO Investment Centre, the aim being to gain a strong local perspective on the main issues and potential for sustainable and equitable growth in the sector. These reports were complimented by reference to an extensive literature base to produce individual country reports and the summary which follows. Given the complexity of forestry in the region, the need to involve large numbers of stakeholders, and the need to accommodate change, the findings of this report should not be regarded as definitive, but rather as a first step to shaping the Bank's interventions in the sector in individual countries over the medium term. It should also be noted that data have been obtained from a variety of sources, and that inconsistencies and gaps were common; they should consequently be regarded as orders of magnitude.Publication Making Benefit Sharing Arrangements Work for Forest-dependent Communities : Overview of Insights for REDD+ Initiatives(Program on Forests (PROFOR), Washington, DC, 2012-02)This overview paper positions the question of benefit sharing in the context of REDD plus. It shares findings from a cursory review of a sample of Readiness Preparation Proposals (RPP) for REDD plus submitted to the Forest Carbon Partnership Facility (FCPF). It deconstructs the concept of benefit sharing. It also provides a summary of the main findings from three recent studies on benefit sharing that were financed by the Program on Forests (PROFOR). The PROFOR studies build on existing research. They also use primary and secondary data collected from a literature review, key informant interviews, structured surveys, and case studies. The studies: a) explore the substantive legal issues and procedural options for identifying legitimate and intended beneficiaries in situations where rights are unclear; b) provide information and tools to assist policy makers and development partners to design and develop nationally appropriate arrangements for transferring REDD plus benefits; and c) provide the local partners' perspective on benefit sharing and the process involved in determining benefits and establishing arrangements for sharing the benefits.Publication Guinea-Bissau : Land Tenure Issues and Policy Study(Washington, DC, 2006-06)The present study reports on the Government of the Republic of Guinea-Bissau's efforts to develop a comprehensive strategy for enhancing land rights security and achieving social and economic development objectives. This report is divided into two main parts. The first part summarizes the current state of development of the government s land policy, as well as the legal and traditional framework existing for land tenure security. It further presents the institutional environment and technical conditions regarding the implementation of the land law and general land regulation draft. The second part presents and analyzes the government action plan. Specific recommendations are made concerning the basic structure and main elements of a national land administration and land management program, which could comprise three components: (i) the development of a nationwide cadastral system as the core infrastructure and land administration instrument, (ii) the harmonization and integration of traditional and official right systems and institutions, and (iii) subsidiary support to land management capacities, which are crucial for the implementation of the two previous components. Several cross-cutting issues like gender, conflict management, environmental aspects and sustainable resource management are interlaced with the technical elements of land tenure development and considered throughout the report.Publication Forest Law and Sustainable Development : Addressing Contemporary Challenges Through Legal Reform(Washington, DC : World Bank, 2007)This study is intended to be a systematic and practical guide to the basic features of modern forestry legislation. It identifies a range of issues that should be considered in assessing the adequacy of forest laws and presents options for addressing those issues in ways that may improve the effectiveness of law as a foundation for sustainable forest management. Part One locates forestry law within the wider legal framework, exploring its complex interrelations with other sectoral and general laws. Land issues are given special treatment because the relationship between forest access and use and land tenure is so important. Part Two explores in detail the legal treatment of core forest management issues, such as forest classification, planning, concessions, licensing, and private forest management. Part Three focuses on the role of national and sub-national institutions in the sustainable management of forest resources. As decentralization of forestry responsibilities and devolution of powers are growing, local actors are given more prominent roles in forest planning, use, and management, through such means as community-based arrangements. Part Four explores a range of environmental and trade issues. Part Five examines financial and enforcement measures, emphasizing that compliance and enforcement of forest law should be reinforced by financial and administrative sanctions. The study concludes with some reflections on how the effectiveness of forest law can be enhanced by attention to the principles that guide the process of drafting.
Users also downloaded
Showing related downloaded files
Publication Digital Africa(Washington, DC: World Bank, 2023-03-13)All African countries need better and more jobs for their growing populations. "Digital Africa: Technological Transformation for Jobs" shows that broader use of productivity-enhancing, digital technologies by enterprises and households is imperative to generate such jobs, including for lower-skilled people. At the same time, it can support not only countries’ short-term objective of postpandemic economic recovery but also their vision of economic transformation with more inclusive growth. These outcomes are not automatic, however. Mobile internet availability has increased throughout the continent in recent years, but Africa’s uptake gap is the highest in the world. Areas with at least 3G mobile internet service now cover 84 percent of Africa’s population, but only 22 percent uses such services. And the average African business lags in the use of smartphones and computers as well as more sophisticated digital technologies that catalyze further productivity gains. Two issues explain the usage gap: affordability of these new technologies and willingness to use them. For the 40 percent of Africans below the extreme poverty line, mobile data plans alone would cost one-third of their incomes—in addition to the price of access devices, apps, and electricity. Data plans for small- and medium-size businesses are also more expensive than in other regions. Moreover, shortcomings in the quality of internet services—and in the supply of attractive, skills-appropriate apps that promote entrepreneurship and raise earnings—dampen people’s willingness to use them. For those countries already using these technologies, the development payoffs are significant. New empirical studies for this report add to the rapidly growing evidence that mobile internet availability directly raises enterprise productivity, increases jobs, and reduces poverty throughout Africa. To realize these and other benefits more widely, Africa’s countries must implement complementary and mutually reinforcing policies to strengthen both consumers’ ability to pay and willingness to use digital technologies. These interventions must prioritize productive use to generate large numbers of inclusive jobs in a region poised to benefit from a massive, youthful workforce—one projected to become the world’s largest by the end of this century.Publication World Development Report 2006(Washington, DC, 2005)This year’s Word Development Report (WDR), the twenty-eighth, looks at the role of equity in the development process. It defines equity in terms of two basic principles. The first is equal opportunities: that a person’s chances in life should be determined by his or her talents and efforts, rather than by pre-determined circumstances such as race, gender, social or family background. The second principle is the avoidance of extreme deprivation in outcomes, particularly in health, education and consumption levels. This principle thus includes the objective of poverty reduction. The report’s main message is that, in the long run, the pursuit of equity and the pursuit of economic prosperity are complementary. In addition to detailed chapters exploring these and related issues, the Report contains selected data from the World Development Indicators 2005‹an appendix of economic and social data for over 200 countries. This Report offers practical insights for policymakers, executives, scholars, and all those with an interest in economic development.Publication Classroom Assessment to Support Foundational Literacy(Washington, DC: World Bank, 2025-03-21)This document focuses primarily on how classroom assessment activities can measure students’ literacy skills as they progress along a learning trajectory towards reading fluently and with comprehension by the end of primary school grades. The document addresses considerations regarding the design and implementation of early grade reading classroom assessment, provides examples of assessment activities from a variety of countries and contexts, and discusses the importance of incorporating classroom assessment practices into teacher training and professional development opportunities for teachers. The structure of the document is as follows. The first section presents definitions and addresses basic questions on classroom assessment. Section 2 covers the intersection between assessment and early grade reading by discussing how learning assessment can measure early grade reading skills following the reading learning trajectory. Section 3 compares some of the most common early grade literacy assessment tools with respect to the early grade reading skills and developmental phases. Section 4 of the document addresses teacher training considerations in developing, scoring, and using early grade reading assessment. Additional issues in assessing reading skills in the classroom and using assessment results to improve teaching and learning are reviewed in section 5. Throughout the document, country cases are presented to demonstrate how assessment activities can be implemented in the classroom in different contexts.Publication Morocco Economic Update, Winter 2025(Washington, DC: World Bank, 2025-04-03)Despite the drought causing a modest deceleration of overall GDP growth to 3.2 percent, the Moroccan economy has exhibited some encouraging trends in 2024. Non-agricultural growth has accelerated to an estimated 3.8 percent, driven by a revitalized industrial sector and a rebound in gross capital formation. Inflation has dropped below 1 percent, allowing Bank al-Maghrib to begin easing its monetary policy. While rural labor markets remain depressed, the economy has added close to 162,000 jobs in urban areas. Morocco’s external position remains strong overall, with a moderate current account deficit largely financed by growing foreign direct investment inflows, underpinned by solid investor confidence indicators. Despite significant spending pressures, the debt-to-GDP ratio is slowly declining.Publication Argentina Country Climate and Development Report(World Bank, Washington, DC, 2022-11)The Argentina Country Climate and Development Report (CCDR) explores opportunities and identifies trade-offs for aligning Argentina’s growth and poverty reduction policies with its commitments on, and its ability to withstand, climate change. It assesses how the country can: reduce its vulnerability to climate shocks through targeted public and private investments and adequation of social protection. The report also shows how Argentina can seize the benefits of a global decarbonization path to sustain a more robust economic growth through further development of Argentina’s potential for renewable energy, energy efficiency actions, the lithium value chain, as well as climate-smart agriculture (and land use) options. Given Argentina’s context, this CCDR focuses on win-win policies and investments, which have large co-benefits or can contribute to raising the country’s growth while helping to adapt the economy, also considering how human capital actions can accompany a just transition.