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Albania: Land Registration and Land Market Project
Evaluation
Associates in Rural Development
and USAID. RDI co-conducted an in-country
evaluation of the status of an Albanian land
registration and land market project. The
project included a field evaluation of registration
system procedures and processes in six district
registration
offices and the Tirana central registration
office. RDI attorneys also evaluated the process
and progress of incorporating old, existing
property
transfer documents (primarily for apartments)
into the new registration system. Also included
were a document and statistics review and interviews
of representatives from the Albanian government,
Albanian NGOs, project teams, USAID, EU/Phare,
the World Bank, Albanian private service providers,
the Albanian banking industry, Albanian Notaries
Association, and Albanian real estate brokers.
RDI ultimately provided an assessment of project-to-date
accomplishments, made recommendations as
to what should yet be accomplished prior to
the projects end, and recommended land
market support activities that might be undertaken
by USAID after the projects completion.
October to December 2000.
Angola: Land Law and Policy Evaluation and Recommendations
In Angola, on behalf of the U.S. Agency for International
Development, RDI is participating in the review of new draft land legislation
that has been created on the heels of the April peace accord signed between
the MPLA government and UNITA rebel forces. As a part of the needed
fact-finding effort, RDI is conducting key informant interviews of
government, NGO, and donor representatives in the capital city of Luanda.
RDI is also doing rural fieldwork in two provinces, including a visit
to a quartering camp where UNITA rebels and their families have been put
until their resettlement can be arranged. Primary issues include the legal
and policy treatment of common property resources and regimes, reconciliation
of land disputes, feasibility of a land registration system and pilot
projects, legal education and advocacy, development of related civil society
forces, and accommodation of the land needs of internally displaced persons.
Ongoing from September 2002.
Bulgaria: Land and Real Estate Mortgages
Reform
Assessment and Follow-On Review
World Bank. This project included reviewing the institutional and legal
framework for mortgages, stakeholder discussions, and an assessment as
to legal, financial, economic, institutional, and political feasibility
for mortgage law reform. Extensive fieldwork was conducted in both rural
and urban areas and included interviews with farmers, bankers, real estate
brokers, lawyers, and banking and real estate associations. A paper was
written for the World Bank and was presented at the stakeholder workshops
held in Sofia, Plovdiv, and Varna. The paper was published by RDI. September
2000 to May 2001.
Bulgaria: Land Mortgages Legal Review and Recommendations
World Bank. RDI attorneys provided legal analysis
and recommendations focusing on rural finance and agricultural land mortgages
in Bulgaria. March to June 2000.
Bulgaria: Land Mortgages Fieldwork,
Research, and Recommendations
World Bank. Fieldwork, report, recommendations, and in-country workshop
focusing on rural finance and agricultural land mortgages. February to
June 1999.
China: Women and Land in Dongfang
County, Hainan Province
China (Hainan) Institute for Research and Development (CIRD). This project
included field research and preparation of a report on gender and land
in rural China. The report discusses womens rights to land, based
on field research conducted in January 2000. RDI attorneys established
a working definition of land rights, distinguishing complete from incomplete
rights. The report traces womens land rights through five periods
of recent Chinese history, beginning with the period preceding establishment
of the Peoples Republic of China, and ending with the period following
the adoption of the 1998 Land Management Law. Current legislation relating
to womens rights to land and property in China is also addressed
in the report.
The authors analyze their findings in light of current legislation and
recommend ways to incorporate these findings into legislation and policy.
Findings are broken down into several categories, including: womens
participation in household management and agricultural labor; womens
knowledge of land rights; allocation of womens land rights; security
of womens land rights both within the household and upon divorce
or the husbands death; and womens rights to inherit land.
January to March 2000. [click
to download PDF of report #110]
China: Rural Land System Reform
China (Hainan) Institute for Reform and Development (CIRD). RDI attorneys
prepared a report on international comparison on land systems; conducting
field research in Hainan, China; and presented the results at an international
symposium in China. This project was funded in part by the United Nations
Development Programme (UNDP). November 1997 to January 1999.
Reforming Chinas Rural Land
System
Development Research Centre of State Council
and PRC Ministry of Agriculture, Beijing. RDI
conducted field research, farm household surveys,
and offered
legal and policy advice on rural land system
issues. This work was supported by private
foundations, including the Bill & Melinda
Gates Foundation, LeBrun
Foundation, and Compton Foundation. August
1987 to present.
China: Research on Rural Land Tenure Reform
Development Research Centre of State Council and
the World Bank. RDI is conducting fieldwork and surveys to monitor implementation
of laws and policies governing rural land tenure. RDI attorneys are assisting
policymakers and legislative drafters in the resolution of issues related
to implementation of existing laws and policies. RDI attorneys also provide
consulting services related to drafting and adoption of new rural land
policies and laws. May 2000 to Present.
China: Rural Land System Legislative
Reform.
China (Hainan) Institute for Reform and Development (CIRD) and UNDP. RDI
attorneys prepared a report recommending specific amendments and additions
to Chinas legal framework governing rural land. RDI also provided
consulting services to legislative drafters within the Ministry of Agriculture
and the State Council. Recommendations were presented at an international
symposium in China. January 1999 to January 2000.
China: Land Management Law Implementation
Monitoring Project
Renmin University of China, Beijing. RDI provided
the design, conduct, and results analysis
of a 2,000 household sample survey monitoring
implementation
of the 1998 Land Management Law in Chinas
20 largest agricultural provinces. The work
was supported by private foundations, including
the
Bill & Melinda Gates Foundation and the LeBrun
Foundation. December 1998 to May 2000.
China: Sustainable Development for
Small Townships Project
UNDP China and Small Township Development Institute, Beijing. RDI provided
consultant services providing legal and policy advice concerning the development
and adoption of land use plans and the facilitation of land market development
in China. January 1998 to July 1999.
Georgia: Project to Develop Land
Markets
USAID/Booz Allen & Hamilton, Inc. RDI provided legal and consulting
services on the USAID-financed "Project to Develop Land Markets in
Georgia." RDI activities included field research, policy development,
and legal drafting related to the development of urban and rural land
and real estate markets in Georgia.
RDI lawyers worked closely with the project's team of Georgian lawyers
on a variety of outputs, including: a comprehensive assessment of the
legal basis for both rural and urban land ownership and land markets;
a draft decree on speeding up land registration (this decree was modified
and signed by President Shevardnadze); and a policy assessment of whether
and how to privatize agricultural land remaining in state ownership. November
1997 to October 2000.
Indonesia: Land Law Reform
Checchi Consulting Corporation and USAID. RDI supplemented
its prior fieldwork experience in Indonesia with fieldwork specifically
examining issues arising out of the land law reform laws the Indonesians
were in the process of drafting. RDI consulted and collaborated with the
Indonesian land law reform drafting teams and produced a report that included
specific recommendations for amendments to the law. In this work, RDI
took particular note of the issues affecting markets, investor confidence
and security, potential for social conflict arising out of land problems,
and land issues or problems created or exacerbated by decentralization.
The primary focus of the research was in areas of customary law as they
relate to land. Other areas of research and investigation included: the
formalization of customary rights to land; possible structures for the
resolution of existing and future land disputes; effective registration
of existing land rights; possible guidelines for takings of land that
ensure adequate notice and fair compensation; issues pertaining to zoning
laws, and viability of land markets.
RDI also produced a report on the land law drafting process itself, noting
areas of contention, institutional challenges, and further needed technical
assistance work. RDI provided an overview of other land law reform efforts
in Indonesia and technical assistance concerned with them. July to December
2000.
Indonesia: Legal Drafting and Capacity
Building for
Sustainable, Equitable Development of Indonesias Rural Sector
USAID and Partnership for Economic Growth. This three-year program focuses
primarily on providing legal technical assistance to the National Land
Agency on revising the Basic Agrarian Law (land law) and drafting five
other new or revised laws or regulations: Law on Land Ownership; Law on
Acquisition of Land for a Public Purpose; Law on Land Redistribution;
Law on Land Registration; and Law on Land Use Planning. RDI also provides
training on legislative drafting techniques to government officials. July
2001 through July 2004.
Kyrgyz Republic: Local Customary
Institutions
and Their Influence Upon Womens Access
to Land
World Bank. An RDI attorney and a Kyrgyz sociologist conducted extensive
field research regarding the local institutions that enforce and implement
customary law in the Kyrgyz Republic and how those institutions influence
womens access to land and other agricultural inputs. The team interviewed
groups of rural women, village administrators, village heads, members
of the court of aksakals, mahallya committees, womens councils,
womens NGOs, mullahs, schoolteachers, clan leaders, and judges.
The results illuminated the variety of institutions that enforce customary
law in villages, and obtained the information needed for policymakers
and technical advisors to better conduct processes of legal reform and
drafting, legal education, and assistance in the exercise of legal rights.
RDI prepared a report including a variety of recommendations. May to October
2001.
Kyrgyz Republic: Womens Access
to Real Property
World Bank. RDI organized and led a team of legal and social sciences
researchers in rural areas across the Kyrgyz Republic to determine the
extent to which Kyrgyz womens rights to real property had been affected
by new land rights and tenure laws. The research focused on determining
and contrasting customary rights and laws with the modern, written legislation.
Team members interviewed groups of rural women and men, local and regional
officials, judges, members of village Courts of Elders, religious officials,
rural gender advisors, and NGO activists. The effort included preparation
of a findings paper, a presentation to World Bank staff in Washington,
D.C., and a 1-day workshop in Kyrgyzstan for government and donor representatives.
The World Bank published the findings in June 2001. May to August 2000.
Kyrgyz Republic: Analysis and Development
of Legislation Regarding Private Ownership of Land
ARD/Checchi and USAID. RDI provided legal drafting
assistance and policy advice on a package of laws on land and land market
development including the: (1) land code; (2) law on registration; (3)
peasant farm law; (4) law on cooperatives; (5) law on mortgage; and (6)
law on privatization of land. The advice was based on numerous rounds
of rural fieldwork conducted through the country. The assistance included
extensive review, commentary, provision of comparative information and
laws, and legislative drafting. With the passage of the package of laws
in late 1999, RDI provided assistance with education and regulatory development.
October 1998 to July 1999.
Kyrgyz Republic: On-Going Land Market
Development,
Land Reform, and Regulatory Reform Legal and Policy Consulting
ARD/Checchi and USAID. RDI provided ongoing legal regulatory and institutional
reform, legal drafting assistance, policy advice, and implementation assistance
on the new Kyrgyz land code and laws on registration, peasant farms, cooperatives,
mortgage, and privatization of land. RDI also organized and led an extensive
field research and survey effort directed at obtaining baseline information
on land administration, dispute resolution, land use, servitudes, and
zoning to inform the drafting of regulations and institutional reform.
The fieldwork and survey results were used in the development of implementing
regulations and in public education programs. RDI attorneys then participated
in the design and writing of a training program on land legislation and
legal issues related to land ownership and land transactions presented
to Kyrgyz lawyers slated to staff legal assistance centers. RDI lawyers
also participated in the 3-week training session as trainers and facilitators.
August 1999 to August 2001.
Legal Impediments to Effective Rural
Land Relations
in Europe and Central Asia: A Comparative Perspective
World Bank. RDI attorneys prepared a comprehensive research report that
included the construction of a methodology for officials in Europe and
Central Asia to assess the extent to which existing legal and institutional
environments effectively support rural land relations. Containing chapters
on land ownership, privatization, transactions, restitution, use regulation,
mortgage, taxation, compulsory acquisition, and administrative institutions,
the report sets out a sampling of applicable comparative law from developed
land market countries, and then catalogs the existing legal impediments
to land relations in the EE/FSU countries. The report also contains a
treatment of gender-related issues and land-related judicial institutions.
March to November 1998.
Lithuania, Poland & Romania:
Review of the Legal Basis for
Agricultural Land Markets, and Implications for EU Accession
The World Bank. A RDI legal team conducted a study in Lithuania, Poland
and Romania to assess the legal basis for each country's market in agricultural
land, and to identify issues relevant to entry into the European Union.
The study consisted of gathering the relevant laws, regulations, and other
legal materials, and then carrying out field research in each country
to gauge the impact of the laws, and to identify unresolved legal issues.
During the field research, RDI lawyers interviewed government policymakers,
non-government specialists, private farmers, and rural landowners. The
RDI legal team prepared a report incorporating its analysis and recommendations
from the study. The report also included a matrix comparing the legal
bases of each country. These materials were presented at the World Bank
and FAO-sponsored "Second EU Workshop" held in Warsaw in June
of 1999. The report was published in World Bank Technical Paper No. 465,
Structural Change in the Farming Sectors in Central and Eastern Europe
(2000).
Recommendations from the study include streamlining administrative and
conflict resolution processes to speed up land restitution, completing
land privatization, developing registration systems that register all
rights and encumbrances to land, eliminating confiscatory penalties for
land use violations, and giving the three countries some transition time
to change legal rules (such as foreign ownership) which, if changed immediately,
could cause disruption and discord in the countryside. February through
August 1999.
Republic of Moldova: Land Privatization Program
Booz Allen & Hamilton Inc. and USAID. RDI served
as a primary subcontractor for the Republic of Moldova's Land Privatization
Program. RDI attorneys in Seattle provided additional support. RDI assisted
the Government of Moldova in developing the necessary legal, regulatory,
and institutional environment to privatize agricultural and commercial land
and remove obstacles to land sales and other transactions. This effort included
design and implementation of a nationwide program for mass titling and registration
of land. The resident RDI attorney provided the leadership for the project's
legal team, and served as the Chief of Party for the final four months of
the project. Other RDI activities included advising on new and amended legislation
(Land Code, Cadastre Law, Notary Law, and others); preparation of a manual
describing the process for sale, lease, bequest, and exchange of agricultural
land; and ongoing assistance with publication of a monthly agricultural
newsletter for farmers and officials. RDI supervised creation of ten rural-based
legal aid centers to help new landowners enforce their land rights. January
1996 to December 2000.
Mongolia: National Land Reform Program
Development
World Bank. RDI provided fieldwork, legislative and legal analysis, report,
and recommendations for Government of Mongolia Land Reform Commission
on comprehensive land reform program. Specific topics covered include:
managing and allocating rights to pasture land; introducing private land
ownership for arable, urban, and settlement land; land registration and
cadastre; land market development; and policy and legal environment for
specially protected areas. June 1999 to May 2000.
Romania: Rural Land Market Study
World Bank. As part of the process of preparing The World Bank's "Romania
Rural Development Project," RDI attorneys conducted a field survey
of rural land markets in order to identify measures needed to improve
market performance. The survey results and recommendations were presented
at a rural development workshop (July 5 & 7, 1999), and subsequently
articulated in a written report.
Recommendations from the field survey include reducing excessive notary
fees, implementing measures to facilitate mortgage lending, holding land
auctions, and simplify and reduce the land tax rates. June through October
1999.
Russia: Policy and Legal Advice on
Land Privatization
and Land Market Development
USAID. RDI implemented a USAID-financed cooperative agreement to provide
comprehensive legal and consulting services to the Government of Russia
on policy, legal, and administrative issues of land reform, farm restructuring,
land registration, and land market creation. RDI also conducted rural
field research and managed two legal aid centers providing advice to rural
landowners on how to best use their new land rights. The project included
a Moscow office and in-country staff.
Major activities included key inputs into the State Duma deliberations
on the draft basic law on land (the "Land Code"),
advice to regional governments on development
and implementation of regional legislation
on private land ownership, field research in
several provinces, consultations with high
government officials, preparation of background
and policy documents on a wide range of land-related
issues, establishment
and management of a legal aid center in Samara
Province, and management of a legal aid center
in Vladimir Province. August 1997 through February
1999.
Russia and the Former Soviet Union:
Legal Aid for Asset-Based Rural Development
World Bank. As a recipient of a year 2000 Development
Marketplace Grant, RDI supported and worked with rural legal aid centers
in two provinces of Russia (staffed by Russian lawyers) to help farmers
and other rural land owners understand, protect, and utilize their property
rights to improve their economic lives. This legal aid initiative helped
individual clients, carried out public education activities in neighboring
provinces, and culminated in the creation and support of an additional legal
aid program in Moldova. All of the legal aid centers continue to operate
today through support from RDI and other private donors. April 2000 to March
2001.
Russia: Policy Advice on Russian
Federation Land Privatization
USAID/Harvard Institute for International Development. RDI worked under
two USAID-financed activities -- a cooperative agreement and the "Legal
Reform Project" -- to provide services on policy, legal, and administrative
issues of land reform, farm restructuring, land registration, and land
market creation in the Russian Federation. RDI also conducted rural field
research and established a legal aid center providing advice to rural
landowners on how to best use their new land rights. The project included
a RDI attorney resident in Moscow from August 1994 through July 1997.
Major activities included key inputs into two presidential decrees on
land reform, work on the law on land registration, drafting of a basic
law on land, consultations with high government officials, and preparation
of multitudes of background and policy documents on a wide range of land-related
issues, field research in several Russian provinces, providing expertise
to USAID's Regional Investment Initiative, and establishment and management
of a legal aid center in Vladimir Province. October 1993 through July
1997.
Tajikistan: Institution-Building Technical Assistance
Project
LTC, SOFRECO, and the World Bank. RDI provided consultant services in
support of farm restructuring and de-monopolizing the state cotton marketing
entity and its ginneries. RDI attorneys conducted rural fieldwork, characterized
the status of farm re-structuring, reviewed existing legal framework for
the development of an agricultural land market, made recommendations on
new legislation that may be required, and provided advice as to a process
for the development and enactment of the new legislation, regulations
and by-laws. Recommendations included basic tenure reform measures, development
of secondary, supporting regulations that would support land market and
leasing activity, and a variety of actions that would work to develop
and establish the rule of law. September to November 1998.
Uganda: Gender/Family Issues and
Land Rights Study
Government of Uganda. An RDI lawyer led a team, composed primarily of
Ugandan social sciences researchers, in fieldwork aimed at determining
the extent to which recent Ugandan legal land reform has affected womens
and orphans rights to land and housing. The fieldwork techniques
included rapid rural appraisal interviews, key informant interviews, village
focus group meetings, and a household statistical survey. Results showed
that traditional customary practices and laws continued to shape the situation
on the ground and that many of the formal legal reforms had yet to make
a significant impact.
Study recommendations included a tiered menu of interventions, including
education of men, training of women in their rights and how to exercise
them, creation of local village gender trainers and advocates, a re-ordering
of agricultural incentives and extension practices, establishing legal
aid centers, and a variety of formal legislative changes (widow and orphan
laws, succession laws, land demarcation regulations, social safety net
provisions, and formal co-ownership legislation). Selected recommendations
are slated for inclusion within the governments Plan for the Modernization
of Agriculture and Land Reform Implementation Plan. The study process
included a stakeholders workshop where government representatives
(local, regional, and national), NGO representatives, and villagers from
a variety of locales were pulled together to hear preliminary results
and to provide comments and ideas. October 2001 to April 2002.
Uganda: Land Market, Land Consolidation,
and Land Readjustment Study
Government of Uganda. RDI provided oversight of fieldwork,
household surveys, and report and recommendation preparation for a land
market and tenure study. The team determined how land transactions are carried
out, who the participants are, how prices are determined, how transactions
are financed and documented, and how existing laws and regulations either
support or constrain the market. A land fragmentation, consolidation, and
readjustment component focused on the extent to which fragmentation is actually
a problem and whether it might have an impact on agricultural production.
Recommendations included simplification of transaction requirements, reconciliation
of conflicting claims, facilitation of a variety of market support actions,
a concessionary mortgage credit pilot project, and a set of criteria for
use in designing a land readjustment pilot project. The study process included
a stakeholders workshop where government representatives (local, regional,
and national), NGO representatives, and villagers from a variety of locales
were pulled together to hear preliminary results and to provide comments
and ideas. October 2001 to April 2002.
Uganda: Common Property Regimes Study
Government of Uganda. An RDI lawyer and several Ugandan team members conducted
fieldwork and follow-on report preparation to determine the extent to
which recent Ugandan legal land reform has affected the status and viability
of common property resources and common property regimes. The effort focused
on wetlands and cattle grazing areas, although the literature review and
recommendations had a broader scope. Fieldwork included rapid rural appraisal
interviews, key informant interviews, and village focus group meetings.
Recommendations included a variety of legal and regulatory revisions,
facilitation of pilot Communal Land Associations, a variety of legal literacy
measures, and support for schemes that acknowledge and support existing
social and cultural frameworks. The study process included a stakeholders
workshop for government representatives (local, regional, and national),
NGO representatives, and villagers from various locales to hear preliminary
results and to provide comments and ideas. October 2001 to April 2002.
Ukraine: Land Titling Initiative
Chemonics and USAID. An RDI attorney is serving as
legal adviser on a project to privatize 1.8 million parcels of agricultural
land and 13,500 parcels of non-agricultural land. Activities to date include
preparation of project work plan, completion of a comprehensive legal review
and analysis of Ukrainian land legislation and its impact on project activities,
and ongoing legal and policy advice related to a variety of laws. Special
emphasis is being directed toward a land registration law, a takings law,
a lease law, and a number of surveying and cadastre laws. June 2001 to present.
Ukraine: Field Research and Report
on the Prospects for Agricultural Reform
RONCO Consulting Corporation and USAID. RDI performed fieldwork and a
study to assess the political feasibility for carrying out meaningful
land privatization and breakup of former collective farms into new commercially
viable private farms that either own or lease their land from private
individuals at fair market rates. September to October 1998.
Ukraine: Legal and Policy Advice
on Land Code
RONCO Consulting Corporation and USAID. RDI performed an in-country evaluation
and made recommendations on the draft Ukrainian Land Code, undertaken
toward the goals of clearly and concretely providing for private rights
to own, use, and carry out transactions in land, defining and limiting
the government's role as a regulator of private rights, and supporting
and protecting the rights to agricultural land that are currently held
by the citizens of Ukraine. March to April 2000.
Ukraine: Legal and Policy Advice
on Land Code
World Bank. RDI supplied consulting on the drafting of the Ukrainian Land
Code, undertaken toward the goals of clearly and concretely providing
for private rights to own, use, and carry out transactions in land, defining
and limiting the government's role as a regulator of private rights, and
supporting and protecting the rights to agricultural land that are currently
held by the citizens of Ukraine. May to December 2000.
Uzbekistan and Kyrgyz Republic:
Agricultural Factor Market Research Workshop
USAID. An RDI attorney participated as a consultant in a research workshop
on the impact of farm restructuring on land, labor, and financial markets.
The RDI attorney analyzed Uzbek land legislation, conducted field research,
and provided comparative information on the Kyrgyz Republic. The fieldwork
was partially focused on women's rights to land. The RDI attorney wrote
a paper regarding the Uzbek land legislation and its impact on farm restructuring
and a land market. January to February 1998.
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