Land titling and poverty reduction in Southeast Asia: realising markets or realising rights?∗

AusAID has supported land titling projects in Southeast Asia with the World Bank for over two decades. These involve the first-time issuance of a land title in cases where the ownership rights of current occupiers are largely assured. Reflecting neoliberal thinking on private property rights and development, the rationale is that titling builds land markets and increases tenure security, investment and access to institutional credit. However, international research indicates that land titling can be neither sufficient or necessary to deliver such benefits and, under some circumstances, can harm poor landholders’ wellbeing. In this respect, attention is paid to political factors in addition to property rights per se which influence their tenure security. It is argued that the value which neoliberalism places on the exclusivity of ownership of land, to enable its efficient use and allocation, can be in conflict with the importance to poor people of secure access and use rights. If AusAID is to fully commit to poverty reduction goals, then there will need to be more attention paid to the social justice dimensions of land distribution in Southeast Asia and elsewhere.     

Modernizing Insecurity: The Land Titling Project in Honduras

The Honduran land titling project (the Proyecto de Titulación de Tierra para los Pequeños Productores), initiated in 1982, was intended to enhance security in land rights, to facilitate credit and to improve agricultural productivity. This study explores how the project has operated in one village, and concludes that it has attained none of its objectives; instead, it has triggered new sources of land conflicts, thus adding to the existing complex of local rules and laws. The authors argue that the failure of the project is not solely a consequence of the organizational incapacity of the bureaucracy, as some evaluations suggest, but that it is rooted in mistaken assumptions about the social organization of property rights and the causes of insecurity. The land titling project is founded on a contradiction: although based on the ideology of the capitalizing family farm in the context of a withdrawing state, its implementation actually requires strong and repressive state intervention. Rather than reducing insecurity in property rights, the project has merely ‘modernized’ the sources which can be used to contest rights in land.     

Unsettled Rights: Afro-descendant recognition and ex-situ titling in Colombia

Ethnic recognition and collective titling have since the second half of the 20th century been promoted as ways of compensating for historical injustices and countering the destructive effects of capitalist development. While holding promise of autonomy, territorial rights, and resource control, they have also been seen as political technologies governing, spatially tying identities to place, and incorporating new areas into capital market relations. This paper draws on and contributes to these debates by exploring how the Colombian legislation for Afro-descendants ethnic recognition and collective titling is understood, employed and ‘reworked’ from below as well as from above. Drawing on ethnographic fieldwork, interviews, and document analysis, the paper follows the case of an Afro-descendant sand-extracting community in the Cauca Valley Region, Colombia. Threatened by a competing mining claim, the villagers seek to gain ethnic recognition among other things to secure rights and control mining resources. In the process, the villagers are offered a land plot away from where they live and work to title as their collective territory; a mechanism that I term ‘ex-situ titling’. As the villagers have no prior relation to the land, nor intend to resettle there, I argue that the ex-situ land titling only serves as a procedural step in the process of ethnic recognition, which, nevertheless, contributes to the uncertainty and incertitude around the villagers' ethnic rights and resource control.     

Defusing Land Disputes? The Politics of Land Certification and Dispute Resolution in Burundi

There is a growing interest in localized land registration, in which user rights are acknowledged and recorded through a community-based procedure, as an alternative to centralized titling to promote secure tenure in sub-Saharan Africa. Localized land registration is expected to reduce land disputes, yet it remains unclear how it impacts disputes in practice. This is an urgent question for war-affected settings that experience sensitive land disputes. This article discusses findings from ethnographic fieldwork in Burundi on pilot projects for land certification. It identifies three ways in which certification feeds into land conflicts rather than preventing or resolving them. First, land certification represents a chance for local people to enter a new round of claim making, as those ignored or disenfranchised in earlier rounds see new opportunities. Second, it offers an avenue for institutional competition between different land-governing institutions. Third, certification provides politicians with openings to interfere in tenure relations and to expand their support base. The authors conclude that these problems are not simply a matter of inadequate policy design. Rather, there are crucial political dimensions to land conflicts and land tenure in Burundi, which means that land registration programmes run the risk of inflaming conflictive property relations in rural communities.     

Intertextual relations: The geopolitics of land rights in Thailand

This paper explores the geopolitics surrounding the “modernization” of the formal property rights regime in land in Thailand (formerly Siam) from the mid 1850s to the late 1930s. The paper argues that this weak, peripheral state, in pursuit of international recognition of territorial and jurisdictional sovereignty, employed a strategy of “counter-spatialization” in order to mitigate or deny claims for control over natural resources and population groups by imperial powers. The intertextual dimensions of this “spatial” mode of resistance are elucidated through a close reading of the ways in which diplomatic negotiations of a series of unequal treaties, beginning with the Anglo-Siamese treaty of 1855, shaped—and were shaped by—the formulation and implementation of regulations governing formal property rights in land in Siam. The political economy of land rights at the large scale (local implementation of land titling) and the medium scale (enactment of national land laws) was nested within a process of geopolitical contestation over land rights at the small scale (international recognition of Siamese territorial sovereignty).     

Land Tenures as Policy Instruments: Transitions on Cape York Peninsula

Over the last four decades, Australia's most remote marginal lands have provided an expansive space towards realisation of emergent national goals, involving recognition of Aboriginal land rights together with protection of ‘wilderness’ and semi‐natural ecosystems. This has been achieved by the revival of land tenures as instruments for the delivery of public policy, requiring innovative federal and state legislation, often driven by judicial determinations. More so than any other bioregion, Cape York Peninsula has experienced radical shifts in landownership, land titles, and property rights, reflecting its pivotal role as an arena in which emerging national goals are contested. The most immediately visible evidence of these changes is depicted in the tenure maps for 1970, 1990, and 2010. However, these maps provide an incomplete account of tenure changes, including new titles such as non‐transferable communal freehold and common‐law recognition of traditional native title, requiring belated responses by state and federal governments. The three benchmark maps provide a starting point for an examination of the currently resurrected role of land titles and land rights as policy instruments. The time‐specific attributes of each tenure category are discussed and linked to the policies underpinning each tenure and to the communities, political constituencies, resources, enterprises, and national values engaged with each tenure. Land titles and land rights are pivotal in political contests about regional futures, with the peninsula acting as a crucible in shaping wider national directions.     

Law and Disorder: Local Implementation of Mongolia's Land Law

With the dismantling of herding collectives in Mongolia in 1992, formal regulatory institutions for allocating pasture vanished, and weakened customary institutions were unable effectively to fill the void. Increasing poverty and wealth differentiation in the herding sector, a wave of urban–rural migration, and the lack of formal or strong informal regulation led to a downward spiral of unsustainable grazing practices. In 1994, Mongolia's parliament passed the Land Law, which authorized land possession contracts (leases) over pastoral resources such as campsites and pastures. Implementation of leasing provisions began in 1998. This article examines the implications of the Law's implementation at the local level, based on interviews with herders and officials in all levels of government, and a resurvey of herding households. Amongst many findings, the research shows that poorer herders were largely overlooked in the allocation of campsite leases; that the poor had become more mobile and the wealthy more sedentary; that there had been a sharp decline in trespassing following lease implementation, but that many herders and officials expected pasture leasing to lead to increased conflict over pastures. The Land Law provides broad regulatory latitude and flexibility to local authorities, but the Law's lack of clarity and poor understanding of its provisions by herders and local officials limit its utility. The existing legal framework and local attitudes stand in clear opposition to the implied goal of land registration and titling — an all‐embracing land market and the supremacy of private property rights.     

农村土地交易的权利配置及利益分享

农村土地交易的现状是令人担忧的,现行物权法为农村土地交易厘清了所有权及其相关权利的关系。但是。农村土地交易仅仅依靠物权法是无法解决的。农村土地交易权利配置与利益分享机制是解决农村土地问题的关键。构建以农地发展权为基础的农地制度,再进行具体的制度安排,是构建我国土地交易利益分享机制的有效途径。     

Tracing territorial-illicit relations: Pathways of influence and prospects for governance

Recent research increasingly illustrates that illicit economies, especially drug production and trafficking, may result in environmental destruction as well as violence and human rights abuses in remote, rural places. At the same time, the idea of titling forest lands collectively, especially to Indigenous Peoples, has emerged as a key measure to halt deforestation, protect biodiversity, and mitigate against climate change. A focus on the conditions under which titling can achieve these outcomes, specifically on governance and institutions, may underestimate the degree to which illicit activities play a major role in influencing socio-ecological and political-economic possibilities in new territories. Drawing on a review of the literature and a case study of the adjacent Miskitu Indigenous regions in Honduras and Nicaragua, we propose several potential pathways through which collective land titling may influence the functioning of illicit economies, and vice versa, and thus potential constellations of territorial governance. We identify and provide examples of five key pathways: Coexistence, Cooperation, Corruption, Competition, and Confrontation. These pathways reflect underlying political and institutional conditions within a given place and are dynamic across space and time. With the Muskitia in mind, we outline how the role of the state can significantly influence the functioning of Indigenous institutions and narco-trafficking, as well as the ways in which these two interact, troubling the scalar and spatial dimensions of “local” governance in this region and more broadly.     

Planning Innovations in Land Management and Governance in Fragmented Rural Areas: Two Examples from Galicia (Spain)

Land fragmentation can be an important drawback for the development of rural areas. Due to the small size of the units, land management and planning are difficult from both the private and the public point of view. In some regions of Europe, land fragmentation can lead to the collapse of land-based activities such as agriculture and forestry. This process triggers land abandonment, which causes social, economic and environmental problems. Traditional interventions such as land consolidation have not worked because of the scale of land fragmentation, which leads to huge transaction costs. New planning instruments and governance structures for land management that balance the relations between property rights, management and labour force can be developed, in order to avoid the problems of land fragmentation. In this paper, we present two innovative examples of land management and governance structures for dealing with land fragmentation in rural areas of Galicia northwestern Spain. They were able to combine the use of individual and common property rights to make land use more sustainable, instead of trying to change land ownership. The new governance structures helped to increase efficiency and sustainability of the land use by, for example, increasing labour productivity, clarifying property rights and diminishing land abandonment.     

Land as fictitious commodity: the continuing evolution of women's land rights in Uganda

In sub-Saharan Africa, colonial influences have altered traditional practices as a way to manage that which Polanyi labeled as ‘fictitious commodities’ of land, labor, and money. Land has now become a highly marketable commodity and an intrinsic part of the global economy. Over the past century, Uganda's land rights have evolved from communal rights to that of male-dominated, individual ownership practices that have excluded women. Despite constitutional provisions, which confer title of both a deceased husband's property rights and equal rights to property within a marriage to a wife, postcolonial patriarchal tradition prevails. This article examines historical changes in land rights in Uganda and discusses the impact of shifts in land rights from communal ownership to individual tenure, altering power structures and attempting to create marketable land title. The Ugandan women's movement's opposition to policies and implementation of laws that exclude women has been unable to facilitate the required changes in unbiased access to land rights, despite apparent victories in revisions to the letter of the law. Situated within contemporary interpretations of tradition and pressures of market demand, this article shows that women's access to landownership and use are restricted by misinterpretation of traditional law and a lack of enforcement of contemporary legal rights. To illustrate the impact of a lack of access to land, this article examines an empirical case study of widowed subsistence farmers in southern Uganda. Women in Uganda continue to lose ground, quite literally, decreasing the possibility of gender equity in terms of land.     

Legal Literacy and Immovable Property: Laws,Norms and Practices in Colombia

An equitable gender distribution of property ownership may be enhanced or limited by family law, individual knowledge of the law, and social norms. South America's laws of equal inheritance by sex and birth order and equal distribution of property upon divorce provide the basis of a gender‐equitable distribution of property ownership. This report of a qualitative case study exploring the gendered knowledge of immovable property laws and the practice of patterns of property ownership in central Colombia provides insights into the gap between law and practice caused by lack of information, social norms, gendered access to legal titles, a complex legal system and high transaction costs. It argues for greater attention to titling, legal procedures, legal education and legal advice to secure effective immovable property ownership for women.     

Women's Property,Women's Agency in China's ‘New Enclosure Movement’: Evidence from Zhejiang

Who gets what, why and how, when Chinese villagers' land is enclosed? Focusing specifically on changes in women's property rights and drawing on data from Zhejiang province, this article shows that state, village and household institutions interact to produce significant gender disparities in both the compensation paid to expropriated villagers and the registration of ownership of household assets. Yet it would be incorrect to conclude that, dispossessed, women thereby lack agency. Analysis of women's responses to expropriation suggests that by selectively deploying laws, rules and norms in different settings, women are influencing not only compensation distribution, but also the terms under which the state compensates villagers for their expropriation and the gender relations in which property is embedded.     

The Evolutionary Theory of Land Rights as Applied to Sub-Saharan Africa: A Critical Assessment

The evolutionary theory of land rights can be considered the dominant framework of analysis used by mainstream economists to assess the land tenure situation in developing countries, and to make predictions about its evolution. A central tenet of this theoryis that under the joint impact of increasing population pressure and market integration, land rights spontaneously evolve towards rising individualization and that this evolutioneventually leads rightsholders to press for the creation of duly formalized private property rights — a demand to which the state will have an incentive to respond. This article looks critically at the relevance of the evolutionary theory of land rights as currently applied to Sub-Saharan Africa. In particular, the question of whether the establishmentof private property rights is an advisable structural reform in the present circumstancesis examined, in the light of evidence accumulated so far. It will be argued that most of the beneficial effects usually ascribed to such a reform are grossly over-estimated and that, given its high cost, it is generally advisable to look for more appropriate solutions that rely on existing informal mechanisms at community level.     

Ruling by Record: The Meaning of Rights,Rules and Registration in an Andean Comunidad

This contribution looks at land property relations in a peasant community in the central highlands of Peru. Rather than using a rights‐based approach, the authors propose a ‘practice force field approach’ for their analysis of property relations under communal land tenure regimes. Their study combines qualitative ethnographic case studies with quantitative analysis of data on land distribution. In contrast to rights‐based approaches, this perspective understands the legal discourses that people draw upon to explain property relations as ‘justifying rule talk’ rather than the reflection of a system of property rights. It is shown how property relations are shaped in mediated interactive processes, where official rules, moral principles, shared histories and strategic games come together. The authors use this practice force field approach to study Usibamba, an Andean community that has developed a true disciplinary regime of communal governance based on control over land. The role of ‘rule talk’ and the function of elaborate local systems of land registration are examined in the context of the annual reallocation of communal land. Particular attention is paid to the performance of the president of the comunidad during this delicate process and his reflections on the course of events.     

Rubber Erasures,Rubber Producing Rights: Making Racialized Territories in West Kalimantan,Indonesia

This article makes connections between often‐disparate literatures on property, violence and identity, using the politics of rubber growing in West Kalimantan, Indonesia, as an example. It shows how rubber production gave rise to territorialities associated with and productive of ethnic identities, depending on both the political economies and cultural politics at play in different moments. What it meant to be Chinese and Dayak in colonial and post‐colonial Indonesia, as well as how categories of subjects and citizens were configured in the two respective periods, differentially affected both the formal property rights and the means of access to rubber and land in different parts of West Kalimantan. However, incremental changes in shifting rubber production practices were not the only means of producing territory and ethnicity. The author argues that violence ultimately played a more significant role in erasing prior identity‐based claims and establishing the controls of new actors over trees and land and their claims to legitimate access or ‘rightfulness’. Changing rubber production practices and reconfigurations of racialized territories and identity‐based property rights are all implicated in hiding the violence.     

TENURE SECURITY INTERVENTIONS IN CAMBODIA: TESTING BEBBINGTON'S APPROACH TO DEVELOPMENT GEOGRAPHY

The relationship between the development industry and the problems it claims to address is problematic. Development studies have often found development practice systematically misrepresenting its context with the result that interventions are out of kilter with reality and fail. In a series of articles in the early 2000s Antony Bebbington suggested development geographers attend to the spatial distribution of development interventions by mapping and explaining immanent development, mapping and explaining intentional development and studying the relationships between them. This article uses the case of property rights interventions in Cambodia to examine the extent that Bebbington's approach might explain development interventions and their relationship to the contexts into which they are inserted. Primary data consist of interviews with key actors involved in decisions over the locations of these interventions. Secondary data consist of reports and databases showing their geographical spread, and political and social science literature explaining the main transitions in recent Cambodian history. The main empirical finding is that the interventions, land titling and community forestry, have not been implemented in the places where the problems they are claimed to address are located. The methodological reflection is that Bebbington's approach valuably challenges policy narratives that tend to smooth space and conceal unevenness. However, it provides only a broad theoretical framework rather than any theoretical content. The approach may only realize its potential when Bebbington and others begin to apply it to generate hypotheses and theory. A new hypothesis emerging from the Cambodian case is briefly introduced in this regard.     

A Property Rights Analysis of Urban Planning in Spain and UK

This study compares urban planning and land management in Spain and the UK. Its purpose is to identify key differences in the legal bases for these activities in the two countries and to comment on the way in which the institutions that deliver them allocate property rights between the state and private organizations and individuals. In particular, we analyse the respective approaches to allocating rights to compensation and betterment value associated with land development, commenting on the efficiency and equity of each system and, in Coasian tradition, the influence the assignment of property rights has on municipal government behaviour.     

Property,rights ans community in a South African land‐claim case (Respond to this article at http://www.therai.org.uk/at/debate)

In the context of South Africa's land reform programme, the concepts of ‘property’ and ‘rights’ carry a heavy ideological baggage. This is evident in the country's land reform policies, which have sought to reach a compromise between differing and often contradictory histories involving both rights and property. A shift in government policy, from treating land reform as a question of rights to a question of the transfer of land, has been accompanied by a reification of the idea of community. The result is a policy that is seriously out of touch with the complex legacy of dispossession that the land reform programme was meant to address. As shown by the case presented in this article, these problems become exacerbated when the land in question is part of a conservation area.     

Territory and lithium extraction: The Great Land of Lipez and the Uyuni Salt Flat in Bolivia

The Uyuni salt flat in Bolivia is a strategic location with a vast deposit of lithium; a key mineral for the production of Li-ion batteries for electric vehicles and energy storage. Over time, the Uyuni salt flat has become a space of contestation and grievances over its mineral resources, its territorial limits and for the most ambitious State-led project for lithium extraction and industrialization in Bolivian history. The paper aims to interrogate how notions of space ownership are intertwined with the governance of strategic resources such as lithium. Using qualitative primary data collected in Bolivia between 2014 and 2017, I explore the case of the Uyuni salt flat and the territorial arrangements of the nearby region (southwest region also known as the Land of Lipez). By examining the geo-spatial history, this case, I argue, illustrates geo-spatial delimitations are inherently political, contested and co-produced by the surrounding communities to define forms of access to and control of resources and the territory. The co-production of territory and the governance of its resources produces new spatial and political configurations in which there is a growing tension in terms of the recognition of indigenous land rights in spaces where the extractive frontier is expanding and the State maintains and perpetuates power imbalances in the sphere of decision-making. As this case shows, the history, the struggles over the governance of its resources and the land titling process behind reveal a territorial project in constant making and entangled in a political project to control mining of lithium in Bolivia.