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#125

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Women's Land Rights in Post-Conflict Angola
Robin Nielsen
July 2008 |
#124

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Managing Nepal’s Forests for Equitable and Sustainable Access and Use: A Land Tenure Perspective
Robin Nielsen
July 2008
A paper prepared with the support of the Weyerhaeuser Company Foundation
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#123

French Version

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Women’s Land Rights in Rwanda: How can they be protected and strengthened as the Land Law is implemented?
Jennifer Brown and Justine Uvuza
September 2006
This report discusses the importance of strengthening women’s rights to land in Rwanda, a country where civil war, genocide and HIV/AIDS have resulted in female-headed households constituting 30 percent of all households in the country. As in much of the developing world, women in Rwanda are heavily involved in and dependent on agriculture. However, despite women’s dependence on land, their access to land generally hinges on their relationships with their birth or marital families and they rarely hold land in their own right. Women in Rwanda still face customary restrictions on land acquisition. The report provides research findings of women’s current land rights, including the rights of women widowed from HIV/AIDS and the Rwandan genocide. The report also discusses Rwanda’s new body of land legislation, RDI’s efforts to develop complementary land legislation to ensure that women’s land rights are taken into careful account, and suggested next steps.
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#122

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Productivity of Intensively Used Homestead Plots in a Central Javan Village
Robert Mitchell, Roy L. Prosterman, and Akhmad Safik
October 2006
Most programs to help poor rural families begin with the presumption that rural families require full-sized farms—often as large as two or more hectares—in order for the family to make any meaningful use of the land. Because land is often scarce in densely populated regions, there is not sufficient land to distribute to each family and this option is therefore taken off the table as means of addressing persistent poverty. However, the presumption that a small plot of land cannot provide meaningful benefits to a family merits further analysis. This study in a village of Central Java, Indonesia, examines the many benefits that families derive from homestead plots (pekarangans) as small as 25 m2 and concludes that homestead plots can contribute significantly to household income and nutrition. In our sample, sale of production from homestead plots increased the cash income of families by an average of 25 percent, with some as high as 67 percent, making homestead plots a viable option to address rural poverty.
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#121

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From Sharecroppers to Landowners:
Paving
the Way for West Bengal’s Bargadars
Robin Nielsen and Tim Hanstad
August 2004
In the Indian state of West Bengal, many sharecroppers—known
as bargadars—are seeking ways to gain ownership of the land they
farm. On their own initiative, bargadars and landowners have negotiated
a variety of agreements to transfer ownership of barga land to bargadars.
However, because West Bengal’s land reform law did not fully anticipate
these voluntary agreements, they are costly and administratively cumbersome,
deterring many potential transactions. This report provides a brief history
of the bargadars in West Bengal, and reviews the nature and extent of transactions
in barga land and the legislative constraints on such transactions. The
report concludes with an examination of various alternative methods the
State could adopt to support the aspirations of bargadars while also maintaining
the protective achievements of land reform.
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#120
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Ejidos and Comunidades in Oaxaca, Mexico:
Impact of the 1992 Reforms
Jennifer Brown
February 2004
In 1992 the Mexican government made substantial changes to its land
policy regarding social sector (ejidal and comunidade)
farming. The changes allow communally held ejidal farmland
to be leased, used as collateral to secure credit, transferred and
ultimately privatized. The 1992 reforms were also accompanied by
a program to certify and register both ejidal and comunidade
land rights. This report describes the impact of these reforms
in the Mexican state of Oaxaca and finds the results to be mixed.
The reforms have had a beneficial impact in resolving boundary disputes
and in generally increasing tenure security. However, the reforms
have also eroded womens land rights. Other anticipated results
of the reforms, such as increased leasing and access to credit,
have not occurred on a wide-scale.
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#119
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The Impact of Land Titling in the Ukraine:
An Examination of the Results from an 800 Person Random-Sample Survey
Leonard Rolfes, Jr.
December 2003
During the 1990's, 6.7 million rural Ukrainians received rights
to about 27 million hectares (67 million acres) of agricultural
land that had been farmed by the collective and state farms. However,
these rights were commonly held "land shares" that proved
difficult to use in practice. In response, in 1999 the Government
of Ukraine (with foreign aid support) began converting these land
shares into privately owned individual land parcels with corresponding
title documents. About half of the land shares have been converted
thus far.
The survey assesses the impact of this land titling
effort, and finds that it has provided meaningful benefits to Ukraine's
people. Most notably: (1) new landowners have very positive attitudes
toward land ownership; and (2) new landowners receive 32% more income
per hectare from leasing out their land than do land share holders
who have not yet had their land rights individualized and titled
(most newly titled land, and land shares, are leased).
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#118
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Amending the West Bengal Land Reforms
Act:
Benefiting the Poor and Marginalized
Tim Hanstad and Jennifer Brown
May 2003
This report details RDIs suggested changes
to West Bengals central land reform law. Two key changes include
(1) a provision granting sharecroppers the right to assume ownership
over a portion of the land they currently cultivate under a heavily
regulated sharecropper-landowner relationship and (2) a requirement
that all government-allocated land be granted either jointly to
husband and wife or independently to a woman. This report is geared
to policymakers in West Bengal, India and includes sample language
for the proposed amendments.
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#117
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Land Reform in the 21st Century:
New Challenges, New Responses
Roy L. Prosterman, Tim Hanstad
March 2003
A revised and updated version of RDI Report 108,
which explores how best to design and implement land reform in less-developed
and transitional economies, now and in the future. The authors discuss
the potential benefits of land reform, factors that make it possible,
why it is often neglected, lessons from past land reform efforts,
and the role of foreign donors and the media in promoting effective
land reform.
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#116
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Women's Land Rights in West Bengal:
A Field Study
Jennifer Brown, Sujata Das Chowdhury
November 2002
This report summarizes RDIs findings on womens
access to and ownership of land in West Bengal, India based on three
rounds of research conducted in 2001 and 2002. It provides recommendations
for changes in government policy and law to increase the number
of women landowners and to strengthen the security of womens
access to land owned by their households.
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#115
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Allocating Homestead Plots as Land Reform:
Analysis from West Bengal
Tim Hanstad and Lokesh, S.B.
July 2002
A description of research findings from West Bengal,
India which document the benefits of homestead plot allocation to
the landless. A central point of the article is that one under-recognized
component of land reforms in several Indian statesthe allocation
of homestead plots to landless laborersdeserves more attention
and consideration. Studies of similar programs from a variety of
international settings indicate that very small homestead or garden
plots can confer multiple important benefits, in terms of food,
income, status, and economic security.
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#114
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Women's Access and Rights to Land in
Karnataka
Jennifer Brown, Kripa Ananthpur, Renée Giovarelli
May 2002
An analysis of womens land rights in Karnataka, India based
on a 400 household survey and rapid rural appraisal interviews with
rural women and NGO representatives. The report especially concentrates
on describing the insecurity and vulnerability of womens access
to land at the time of divorce, separation, and widowhood. It closes
by providing recommendations for enhancing rural womens land
rights.
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#113
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Larger Homestead Plots as Land Reform?
International Experience and Analysis from Karnataka
Timothy M. Hanstad, Jennifer Brown,
and Roy L. Prosterman
August 2001
A summary of relevant international experience
and recent field research in India that point toward what would
appear to be both an effective and practical land reform alternative,
involving the provision of house and garden plots, that could provide
the poorest of the poor an opportunity to lift themselves out of
poverty.
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#112
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Land Reform Law and Implementation in
West Bengal:
Lessons and Recommendations
Timothy M. Hanstad and Jennifer Brown
December 2001
This report attempts to distill lessons from West
Bengals land reform experience, particularly the legislation
and the means and methods by which the law was (and is) implemented.
The report is based upon a review and analysis of the legislation,
a review of the secondary literature including other field studies,
and rapid appraisal field research in three districts of West Bengal.
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#111
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Agrarian Reform and Agricultural Productivity
in the Russian Far East
Jennifer Duncan and Michelle Ruetschle
May 2001
The product of RDIs field research on agrarian
reform in the Russian Far East in October 1999, this report includes
an overview of the current status and background of agrarian reforms
in the Russian Far East, a discussion of the issues and impediments
directly related to these reforms, and descriptions of a number
of the economic and institutional issues that affect the success
of the private farming sector.
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#110
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Women and Land Tenure in China:
A Study of Womens Land Rights in Dongfang County, Hainan Province
Jennifer Duncan and Li Ping
April 2001
This report discusses womens rights to land
in China, based on field research conducted in January 2000 in Dongfang
City of Hainan Province. Granting women in China legal rights to
land is unlikely to translate into sustained access and control
over land resources unless and until these rights are both socially
recognized and adequately enforced.
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#109
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Land Reform in Mongolia: Observations
and Recommendations
Timothy M. Hanstad and Jennifer Duncan
April 2001
The Government of Mongolia regards reforming land
law and policy for all categories of land as a major development
priority in order to create incentives for socially equitable and
environmentally sustainable economic growth. This report is the
result of the authors short-term assistance to Mongolias
Working Group on Land Reform in June 1999 under contract to the
World Bank.
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#108
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Land Reform: A Revised Agenda for the
21st Century
Roy L. Prosterman and Timothy M. Hanstad
July 2000
This report explores how best to implement effective
land reform, based on past experience in less-developed and transitional
economies. The authors discuss the potential benefits of land reform,
factors that make it possible, why it is often neglected, lessons
from the 20th Century, and the role of foreign donors, concluding
with a proposed agenda for successful land reform in the 21st Century.
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#107
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Land Market Development in Rural Romania
Roy L. Prosterman and Jennifer Duncan
May 2000
An overview of the legal framework for rural land
markets in Romania. The authors discuss and make recommendations
on the development of sales and lease markets, transaction costs,
potential effects of a new land tax on market transactions, the
need for a mortgage market and for legal aid and contract enforcement,
and issues raised by IAS (state farm land) privatization.
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#106
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Agricultural Land Reform and Farm Reorganization
in Tajikistan
Jennifer Duncan
May 2000
This report is based on information collected in
Tajikistan in 1998. In contribution to a World Bank Institutional
Building and Technical Assistance Project, the author surveyed legal
impediments to development of an agricultural land market in Tajikistan.
The author outlines the legal chronology for land reform in Tajikistan,
offers a comparison of the four different types of restructured
agricultural enterprises, and discusses each of the legal issues
that prevent Tajikistan from realizing the benefits of wide scale
land reform.
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#105
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Implementation of 30-Year Land Use Rights
for Farmers Under China's 1998 Land Management Law:
An Analysis and Recommendations Based on a 17-Province Survey
Roy L. Prosterman, Brian Schwarzwalder, and
Ye Jianping
March 2000
This report analyzes the results of a 17-province,
1,700 household sample survey, carried out in cooperation with Renmin
University in 1999, which examines the current status of implementation
of farmers' 30-year land use rights, as provided in the 1998 Land
Management Law. The report also contains recommendations for further
strengthening farmers' tenure security, and extending implementation
of the 1998 law.
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#104
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Mortgage in the Bulgarian Agricultural
Sector
Renée Giovarelli
March 2000
This report examines mortgage lending in Bulgaria
and is based on background desk research, an analysis of the relevant
Bulgarian laws, and field research (Rapid Rural Appraisal) conducted
in March 1999. The report discusses the impediments and presents
recommendations to help facilitate mortgage lending in the agricultural
sector. It includes an overview of the legal and policy framework
for mortgages of rural land; the obstacles to mortgage of agricultural
land, including restitution of ownership rights, farm organization,
land transactions, and registration of rights to immovable property;
institutional capacity to handle these obstacles; and analysis and
recommendations for increasing mortgage activity.
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#103
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The Joint Stock Share System in Chinas
Nanhai County
Roy L. Prosterman and David J. Bledsoe
February 2000
Between 1979 and 1983, China made the dramatic
transition from a socialist agriculture dominated by large collective
farms to a more market-oriented agriculture dominated by small family
farms. This decollectivizing land reform, known as the Household
Responsibility System (HRS), improved the standard of living for
nearly all of China's farm families. It is in light of this history
and framework that the RDI team sought to learn more about China's
rural land stock share system experiment. This report describes
the experiment's background in light of Nanhai's recent development
history, and lays out the details of Nanhai's experiment. It includes
analysis and recommendations based on RDIs fieldwork findings
and comparative experience.
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#102
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Legal Aid Centers in Rural Russia: Helping
People Improve their Lives
Leonard Rolfes, Jr. and Gregory Mohrman
February 2000
RDI founded the Center for Land Reform Support
of Vladimir Oblast (province) in August 1996. In February
1998 RDI established a second such Center in Samara Oblast. The
Centers provide legal advice free of charge to rural citizens in
the exercise of their legal rights to land, and help resolve legal
issues related to the operation of private farms. The Centers have
played an important and unique role in the development of Russia's
rural economy, and in the practical application of the rule of law,
not only in the two provinces in which they are located, but also
with impact nationally. This report discusses the organization,
objectives, and activities of Vladimir and Samara Centers for Land
Reform.
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#101
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Policy, the Rule of Law, and Rural Land
Reform in China
David J. Bledsoe and Roy L. Prosterman
February 2000
This report discusses the most important characteristics
of the rule of law and its relationship to policy in a general context.
It compares and contrasts two methods of reaching economic, social,
and political goalslaw and policyand describes in detail
their characteristics, including the strengths and weaknesses of
each. The authors discuss law and policy interactions in China,
as well as how and why China has moved towards the rule of law.
The report concludes with recommendations that might be pursued
to further institute the rule of law in China and to create legal
results that are more consistent with public desires and central
government intent.
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#100
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A Vision for Agricultural Land Reform
in Russia
Roy L. Prosterman, Leonard Rolfes, Jr. and
Jennifer Duncan
November 1999
This report indicates that a significant transformation
of Russias agricultural sector is realistic and potentially
achievable over the period between now and the year 2010. The authors
include international evidence showing that the peasant farm enterprise
(PFE) is the most highly efficient and productive type of agricultural
producer, a truth that has recently been forgotten or ignored by
many Russian experts. The report outlines a realistic vision for
the creation of substantial numbers of PFEs over the next
decade. The authors indicate the needed changes in Russian law,
and the approximate scale and application of the financing that
will be needed. Finally, the authors provide a brief list of criteria
for restructuring of collective farms into corporate farms to make
that restructuring meaningful.
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#99
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Agricultural Land Markets in Lithuania,
Poland, and Romania:
Implications for Accession to the European Union
Roy L. Prosterman and Leonard Rolfes, Jr.
October 1999
This report examines the legal basis for development
of agricultural land markets in three of the ten Central and Eastern
European countries seeking accession to the European Union (EU),
with special reference to the requirements for accession. The three
countries are: Lithuania, the Baltic country with the highest proportion
of population in agriculture; Poland, the country currently engaged
in accession negotiations with the highest proportion of its population
in agriculture; and Romania, the country preparing for a later round
of accession negotiations with the highest proportion of its population
in agriculture. For each of the countries chosen, agriculture plays
a significant role in their economies, and agricultural land is
a resource (and an asset) on which more than one-fifth of their
populations rely. Thus, the implications of the EU accession requirements
with respect to agricultural land-market development are of considerable
importance.
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#98
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Rural Land Reform in China and the 1998
Land Management Law
Roy L. Prosterman, Timothy M. Hanstad, Brian
Schwarzwalder, and Li Ping
December 1998
This report summarizes the evidence on rural land
tenure in China amassed through the authors extensive rural
field research. It identifies the factors contributing to land tenure
insecurity in China, then analyzes the positive features and shortcomings
of the new Land Management Law in addressing land tenure insecurity
and other rural land problems. It also provides suggestions for
both improving and effectively implementing the law. Finally, the
report discusses and offers suggestions concerning other rural land-related
policy and legal measures outside the current scope of the new law.
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#97
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Are Smaller Farms Appropriate for Former
Soviet Republics?
Timothy M. Hanstad
February 1998
Communist countries, countries in transition to
market economies, and even some market economies have paid an enormous
price for assuming that large farms are more productive than small
or mid-sized farms. This strongly held assumption is a major obstacle
to legal, policy, and practical efforts to facilitate farm reorganization
in many former Soviet republics. The author discusses the basic
arguments for and against the existence of economies of scale in
agriculture; international experience and evidence on the relationship
between farm size and productivity; the productivity experience
of collective farms; the determinants of farm size in a market economy;
and concluding recommendations concerning farm reorganization and
land market development for former Soviet republics.
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#96
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Land Reform and Farm Reorganization in
the Kyrgyz Republic
Renée Giovarelli
January 1998
Rural land reform and restructuring of collective
and state farms have progressed significantly in the Kyrgyz Republic.
However, while the legal framework for farm reorganization is well
established and largely workable, improvements in several areas
of the law are needed to enhance the conditions for development
of a viable land market. This report reviews the legal basis for
land reform and farm restructuring, and recommends the needed changes
to promote land market development. The report is based on analysis
of the relevant legislation as well as findings from field research
conducted by RDI in the Kyrgyz countryside between 1995 and 1997.
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