Publication: Valuation and Compensation of Unregistered and Customary Lands
Loading...
Published
2024-02-12
ISSN
Date
2024-02-12
Author(s)
Editor(s)
Abstract
Land tenure is a social construct and usually manifests as a set of rules that regulate how land rights are allocated among members of society. The case studies in this report reflect how countries address the challenges inherent in the valuation and compensation of unregistered and customary lands differently, but all seem to combine some formal eligibility criteria with participatory verification processes. International Financial Institutions (IFIs) played an important role in advancing compensation eligibility of legitimate informal occupants, which is becoming more important than ever as climate mitigation and adaptation require construction of a large number of renewable energy generation and transmission capacities where tenure rights are not clearly established.
Link to Data Set
Citation
“World Bank. 2024. Valuation and Compensation of Unregistered and Customary Lands. © World Bank. http://hdl.handle.net/10986/41045 License: CC BY-NC 3.0 IGO.”
Digital Object Identifier
Associated URLs
Associated content
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
Related items
Showing items related by metadata.
Publication Expanding Women's Access to Land and Housing in Urban Areas(World Bank, Washington, DC, 2014)Evidence is mounting that secure property rights have positive effects for poor people in general and women in particular. The aim of this report is to review what is known about women s access to and control over land and real property in urban settings, identifying approaches to strengthening property rights that enhance women s agency, and sharing key lessons. Section two synthesizes the evidence on urban women s priorities with respect to land and housing; the factors that influence women s access to and control over land and secure tenure, including legal and institutional frameworks and social relationships, especially within the family; and what is known about the extent to which women have access to, control over and use of urban land and housing, and through what forms of tenure. In section three, recent reform of laws, policies and practices to meet the needs of poor people in urban areas, especially women, will be assessed. Section four provides a short discussion of some of the strategies, tactics and alliances that are being adopted to bring about legal reforms and to influence the content, design and implementation of programs in urban areas. The report draws on successive research projects by the author and her colleagues on land and housing markets and policies, urban livelihoods, and urban politics and governance in a variety of contexts, in particular Rakodi (2010).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 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 Land Tenure and Gender : Approaches and Challenges for Strengthening Rural Women's Land Rights(World Bank, Washington, DC, 2014)Land tenure security is crucial for women's empowerment and a prerequisite for building secure and resilient communities. Tenure is affected by many and often contradictory sets of rules, laws, customs, traditions, and perceptions. For most rural women, land tenure is complicated, with access and ownership often layered with barriers present in their daily realities: discriminatory social dynamics and strata, unresponsive legal systems, lack of economic opportunities, and lack of voice in decision making. Yet most policy reform, land management, and development programs disregard these realities in their interventions, which ultimately increases land tenure insecurity for rural women. This paper seeks to further develop the evidence base for access to and control over land.Publication An Assessment of Customary Tenure Systems in the Lao PDR(World Bank, Washington, DC, 2022)The history of land rights in the Lao People’s Democratic Republic (Lao PDR), hereafter referred to as Laos, is a history of customary land tenure systems which remain the most prevalent form of land tenure. As social systems, land tenure systems in Laos have been affected by and have adapted to external forces such as neighboring kingdoms, colonialization, geopolitics and war, migration, and global economic trends. Ongoing rapid changes in national socioeconomic conditions and domestic political goals continue to alter the customary tenure landscape. Customary tenure systems have responded differently to changes, but the predominant direction is a transition towards formalization that provide varying levels of recognition and protection of land rights. As this transition occurs, a mixed customary-statutory tenure mosaic has emerged across the mountains and plains of Laos. Within this mosaic, the level of tenure security differs. Due to a lack of formal recognition, the most insecure tenure is land held fully under customary tenure. This desk-based assessment considers the culture and ethnicity of customary tenure systems, their prevalence in the country, general typologies found in Laos, customary tenure systems in transition, and past efforts to formalize customary land rights.
Users also downloaded
Showing related downloaded files
Publication Guinea-Bissau Country Climate and Development Report(Washington, DC: World Bank, 2024-10-23)Guinea-Bissau is endowed with a wealth of natural resources, with the highest natural capital per capita in West Africa (US3,874 dollars per capita), which could be leveraged for sustainable and resilient growth. However, Guinea-Bissau faces significant development hurdles, such as high poverty rates, political instability, and economic challenges, including an over-reliance on cashew nuts. Rural poverty has increased, and the nation's infrastructure, education, and health care systems are underdeveloped. Climate change poses a severe threat, potentially impacting agriculture, fisheries, and infrastructure. Without adaptation, it could lead to a significant cut in real GDP per capita (minus 7.3 percent by 2050) and increase in poverty (with up to over 200,000 additional poor by 2050, that is, 5 percent of the expected population, in the worst scenario). The country's low greenhouse gas emissions are expected to rise, mainly due to agriculture and land-use changes, with deforestation being a major contributing factor. Although Guinea-Bissau is a low emitter, it has high mitigation ambitions, targeting a 30 percent reduction in greenhouse gas emissions by 2030. The Nationally Determined Contribution outlines significant climate actions, with initiatives focused on forest conservation, sustainable agriculture, and community development. However, the country's political instability, institutional weaknesses, and limited financial resources pose challenges to implementing these climate commitments, which depend heavily on external funding. The financial sector's underdevelopment and vulnerability to external shocks limit its ability to support green investments, though reforms could enhance resilience. Guinea-Bissau must consider its climate financing as development financing and vice-versa, engage the private sector, and integrate climate goals with national development plans to ensure a sustainable future. Concessional climate financing is vital due to the underdeveloped financial sector and the government’s limited borrowing capacity. Addressing Guinea-Bissau's vulnerability to climate change and its structural issues requires a cohesive approach that integrates development and climate strategies. This could involve improving governance, diversifying the economy, protecting natural capital, developing human capital, and investing in sustainable agriculture and infrastructure. The transition to a more sustainable and inclusive development pathway that supports economic growth is possible, but requires focusing on key strategic sectors, enhancing institutional capacity, and creating the conditions to mobilize finance. As a highly vulnerable country, there are myriad needs in the different sectors; however, to be more efficient and effective, Guinea-Bissau should prioritize actions in a few sectors, especially actions on biodiversity, agriculture, and social protection. Low carbon development, especially in energy and forestry sectors, could provide cost-efficient solutions and attract climate finance, including from the private sector, which will support the overall development agenda.Publication Comoros Country Climate and Development Report(Washington, DC: World Bank, 2025-06-18)The Union of the Comoros (The Comoros) has significant vulnerability to climate change-related risks but has considerable opportunities to strengthen preparedness and resilience against these challenges. According to the Notre Dame Global Adaptation Index, the Comoros is the 29th-most vulnerable country to climate change and the 163rd most ready to adapt (out of 191). The Comoros archipelago is exposed to many natural hazards that adversely affect the country’s natural capital, people, and physical infrastructure. In 2014, the economic cost of climate-related disasters was estimated at 5.7 million dollars annually, equivalent to 9.2 percent of Gross Domestic Product (GDP). Between 2018 and 2023, as many as 11 tropical depressions or cyclones impacted the country, with Cyclone Kenneth causing the greatest damage, equivalent to 14 percent of GDP, resulting in total economic growth falling from 3.6 percent in 2018 to 1.9 percent in 2019. More than 345,000 people (40 percent of the population) were affected by the cyclone, with 185,000 people experiencing severe impacts and 12,000 people displaced. However, there is an opportunity for the country to grow more robust and shock-responsive, and to establish pre-positioned funding mechanisms to enhance future crisis response efforts. For the Comoros, adaptation and climate-resilient development are the key climate change focus areas, with the country projected to face 836 million dollars 2050 in additional costs due to climate-related impacts. Current plans to adapt to the impacts of climate change in the Comoros include efforts to improve water management, strengthen coastal protection, and develop climate-smart agriculture practices. Given the country’s reliance on its natural resource base for economic growth and mobility, protection of these resources from climate change will be essential for promoting resilient growth and development. In addition to growing the adaptive capacity of the country’s natural resource sectors, strategic economic diversification will be important to help minimize future climate impacts, and development activities will need to be undertaken in such a way as to attract low-carbon co-benefits. The Union of the Comoros is committed to addressing climate change through its Nationally Determined Contribution (NDC) and national priorities. The country’s NDC (which was revised in 2021 for a ten-year horizon) sets ambitious targets, with a goal of reducing greenhouse gas emissions by 23 percent by 2030. The country also plans to significantly increase the share of renewable energy in its energy portfolio, reaching 33 MW by 2030. This will not only promote low-carbon development but also reduce the country’s dependency on imported oil and coal, which currently make up 95 percent of the energy mix. Additionally, the Comoros has declared its intention to increase CO2 removals by 47 percent by 2030, compared to BAU.Publication Mongolia Country Climate and Development Report(Washington, DC: World Bank, 2024-10-22)Mongolia’s development prospects are uniquely challenged by both the impacts of climate change and the global shift toward a low-carbon economy. The country’s efforts toward decarbonization pose significant challenges given the structurally high-emission intensity of its economy. While challenging, climate action also presents Mongolia with opportunities to achieve important development benefits. The effects of climate risks and the shift away from coal will have diverse impacts across different regions, communities, and socioeconomic levels. The report assesses the critical interconnections between Mongolia’s development ambitions and climate change action and identifies ways to transition to a more economically diversified, inclusive, and resilient development path. It highlights key climate and transition risks affecting Mongolia’s future development and presents a pathway to enhance climate mitigation and adaptation. The report also makes a case for strengthening policies to enhance resilience to climate change and ensure a just transition, particularly for the most vulnerable. The report is structured as follows: section 1 gives introduction. Section 2 delves into the linkages between development and climate in Mongolia and presents model-based findings on the economic and poverty impacts of climate change under different scenarios. Section 3 covers four in-depth sectoral analyses. The first two mainly focus on adaptation to climate change in the agriculture and water sectors. The third considers prospects for the extraction sector, while the fourth sectoral analysis focuses on decarbonizing power and heat generation. Section 4 shifts the focus to how the government can boost resilience for climate-vulnerable populations. Section 5 outlines options for mobilizing private and public financing and private investments to support the green transition. Section 6 examines the existing institutional and governance structure for climate action and presents recommendations to improve its effectiveness, and section 7 concludes with a framework for prioritizing the policy actions outlined in this report.Publication Jobs in a Changing Climate: Insights from World Bank Group Country Climate and Development Reports Covering 93 Economies(Washington, DC: World Bank, 2025-11-05)The World Bank Group’s Country Climate and Development Reports (CCDRs) provide a crosscutting look at how countries’ development prospects, and the job opportunities they offer to their people, can be threatened by climate impacts and supported by climate policies. Climate change and policies affect jobs through impacts on productivity, energy and material efficiency, and physical, human, and natural capital. They can also transform employment opportunities, especially through complementary measures that help workers and firms adapt to and benefit from new technologies and production practices. Prepared by the World Bank, the International Finance Corporation (IFC), and the Multilateral Investment Guarantee Agency (MIGA), CCDRs integrate country perspectives, climate science and economic modeling, private sector information, and policy analysis to assess how countries can successfully grow and develop their economies and create jobs despite increasing climate risks and while achieving their climate objectives and commitments. Each CCDR starts from the country’s development priorities, opportunities, and challenges, and is developed in close consultation with governments, businesses, and civil society, ensuring the recommendations reflect national priorities. By combining evidence on adaptation, resilience, and emissions pathways, CCDRs highlight where climate action can reinforce development and job creation, and where targeted policies are needed to manage risks and smooth labor market transitions. Taken together, these elements can help create local jobs, ensure economic transitions are just and inclusive, and equip workers and firms to navigate the disruptions and opportunities of a changing climate and changing technologies.Publication Kyrgyz Republic Country Climate and Development Report(Washington, DC: World Bank, 2025-11-03)This Country Climate and Development Report (CCDR) on the Kyrgyz Republic aims to support the country’s development goals amid a changing climate. The CCDR considers two policy scenarios up to 2050: the business-as-usual (BAU) and high-growth scenarios. As it quantifies the likely impacts of climate change on the Kyrgyz economy between now and 2050, the report highlights key government actions to best prepare for and adapt to climate impacts (referred to as “with adaptation” measures), with a particular focus on the time horizon up to 2030. The CCDR also outlines a path to net zero emissions by 2050 (referred to as “with mitigation” measures, “decarbonization,” or, simply, “net zero 2050”), highlighting associated development co-benefits.