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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.
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
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 multitudes 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.
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