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Timor Leste Land Law Program

Timor Leste Land Law Program. Applied research and legislative drafting. Quadrilingual Glossary. Institutional Strengthening with UNTL. Related Capacity Building (LPU, UNTL, MOJ). East Timor - Background. Urban Properties Occupation and dispensation of former Indonesian residences ;

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Timor Leste Land Law Program

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  1. Timor Leste Land Law Program • Applied research and legislative drafting • Quadrilingual Glossary • Institutional Strengthening with UNTL • Related Capacity Building (LPU, UNTL, MOJ)

  2. East Timor - Background

  3. Urban Properties • Occupation and dispensation of former Indonesian residences; • Destruction of housing stock • Returnees; • Claims and disputes; • Informal land market; • Constraints to investment • Gender

  4.  Rural Properties • Areas still occupied by East Timorese transmigrants; • Dispute resolution; • Legitimacy/availability of evidence for use in claims and disputes; • How is the informal land market operating currently; • Ability of Adat systems to resolve conflicts within and between communities, and vis a vis large commercial interests, incl. gender.

  5. Other relevant laws: • State property • admin. • Cadastre system Key Laws • Land dispute mediation; • Land/title registration; • Land title restitution, conversion of formal & traditional rights • Compliance with ET constitution by foreign owners

  6. Core Laws: Dispute Mediation, Restitution Dispute Mediation (local in-place processes): • Who, how, legitimacy, authority, appeal; • Evidence; • Groups: within, between (incl. migrant); • Interface between local and state systems (LPU role); legal interface – evidence; • Displaced persons (individuals) access to mediation systems; • Costs, compare to state system.

  7. Core Laws: Restitution Law (requisites & procedures to determine who is legally entitled to ownership & other use rights – Post occupation & conflict) • Local System (select topics): • Who distributes land-use rights; • Does freehold, leasehold, expropriation exist; • Nature of boundaries; • Rights possessed by transmigrasi/IDPs (from point of view of both local communities and dislocatees; • What elements determine legitimate use / possession rights;

  8. Core Laws – Restitution Law, cont. • State System: • Portuguese & Indonesian title regiems – rights connected to each type of title. • All Tenure Systems, Urban & Rural: • Means of proof/evidence accepted in relation to property rights – availability, legitimacy; • Seperable rights – surface rights, buildings, tree, crop, etc.

  9. Where We Are Currently Legislative ThemesResearch Input Needed State Property Administration Aug 30, 03 Cadastral System End Oct, 03 Mediation (key, core) Oct/Nov, 03 Land/Title Registration (key) End Feb, 04 Restitution (key, core) End April, 04 Compliance with ET Constitution by Foreign Owners (key) End April, 04 Next

  10. Other Project Activities • UNTL Research Center • University Consortium • Capacity Building • Legal (LPU, MOJ) • Research (UNTL, proj employees • Glossary

  11. Post-Conflict Land Tenure Reform ‘Best Practice’?(Michael Brown) • Land tenure always a primary issue after conflict • East Timor case as an approach to post-conflict land tenure - reform • Follows on Mozambique (success); • Academic research; • Deals with ‘study’ in a different way; • Does the East Timor case hold potential as an example for other countries?

  12. Potential Follow-on Work in ET • Land Law Dissemination • Enabling Environment – Investment • Irrigation Schemes & Smallholders / Largeholders • (IU Workshop) • Coffee Lands and Smallholders / Largeholders • Land Tenure and Parks and People Issues • University Consortium

  13. WORKSHOP IN POLITICAL THEORY AND POLICY ANALYSIShttp://www.indiana.edu/~workshop Elinor Ostrom – extensive experience working on common property problems, esp. irrigation-Asia, forest resources, fisheries, grazing resources-Africa, global environmental change. Focus on institutional design principles. A primary, longstanding connection – Jaime Thompson Land Tenure Work at Indiana University

  14. Agriculture & Land Tenure Poverty and property rights in the developing world: not as simple as wewould like. Land Use Policy The relationship between indigenous pastoralist resource tenure and state tenure in Somalia. GeoJournal Agroforestry, reforestry and the carbon problem: the role of land and tree tenure. Interdisciplinary Science Reviews Restocking refugee pastoralists in the Horn of Africa. Disasters Nomadic pastoralism and irrigated agriculture in Somalia: utilization of existing land use patterns in designs for multiple access of "high potential" areas of semi-arid Africa. GeoJournal Land tenure and identity change in postwar Mozambique. GeoJournal Land registration, tenure security, credit use and investment in the Shabelle region of Somalia. In: Searching for Tenure Security in Africa. The World Bank and Kendall\Hunt Publishing, With Roth & Barrows Post-Conflict Land Tenure Post-conflict recovery of African agriculture: The role of 'critical resource' tenure. Ambio Land tenure and legal pluralism in the peace process. Peace and Change: A Journal of Peace Research Local land tenure in the peace process. Peace Review Postwar land dispute resolution: land tenure and the peace process in Mozambique. International Journal of World Peace. The role of land conflict and land conflict resolution in a peace process: Mozambique’s return to agriculture. Refuge Refugee resettlement on the Horn of Africa: the integration of host and refugee land use patterns.Land Use Policy Land dispute resolution in Mozambique: evidence and institutions of agroforestry technology adoption. In: The Role of Property Rights and Collective Action in Developing Countries, Johns Hopkins University Press Resource Sharing: small holders and pastoralists in Shalambood, Lower Shabelle Region. In: The Struggle for Land in Southern Somalia: The War Behind the War. Westview Press Somali rural property rights: whither the future? Journal of the Anglo-Somali Society. Resource tenure issues in the resettlement of Sudan's displaced agriculturalists. Journal of Northeast African Studies. Land Tenure Work at Indiana University, cont.Department of Geography

  15. Land Tenure & USAID • History of land tenure work at USAID, focus on “the study” – all land tenure situations are unique….. • Current caution regarding studies at USAID • Potential utility for a “package” or “best practice” approach? (post-conflict, refugee, investment, agricultural development & food security, institutions & governance, natural resources, etc? • In addition to the short-term “advisor” approach

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