Symposium on Land Administration in Post Conflict Areas
Geneva, Switzerland, 29-30 April 2004
FIG Commission 7 ‘Cadastre and Land Management’ organised a
symposium on ‘Land Administration in Post Conflict Areas’ at the
Palais des Nations in Geneva, Switzerland, 29-30 April 2004. This meeting
was co-organised by the Kosovo Cadastral Agency and UN-Habitat. About 50
experts involved in emergency and reconstruction activities in post-conflict
areas (peacekeeping professionals, land policy specialists, land
administrators, land surveyors, land registrars, land managers,
information-managers, donors, non-governmental organisations, officials and
politicians) from 17 countries participated. The purpose of this symposium
was to bundle good practises, lessons learned, experiences and knowledge on
the issue of land administration in post-conflict areas giving a good
knowledge base for future operations.
The causes of conflicts and violence are many. For example ethnic envy,
nationalistic tendencies, opposing interests, class conflicts, disputed
frontiers, expansion actions, or economic interests. During such conflict
people are killed or disappear, buildings and physical infrastructure
destroyed, legal frameworks are set aside, public registers are destroyed,
markets do not function any more, properties are taken, and lands are
occupied. If the conflict ends, peace treaties, UN resolutions, or national
development plans aim at restoring governance and the rule of law, in all
its variety (security, health, energy, shelter etc.). In many cases a
substantial part of the restoration consists of the (re-) introduction of
secure land tenure, mechanisms of resolution of land conflicts, land
allocation, restitution, transparent land markets, land use planning, land
taxation and the like. This implies both institutional and operational
measures. Some form of land registration and cadastre is needed as a
provider of secure property rights, as a facilitator for the land and land
credit market, and as a information source for various public tasks like
planning, taxation, land reform, and the management of natural resources.
Presented papers
During the Symposium papers have been presented on ‘Challenges to
Sustainable Peace: Land Disputes Following Conflict’, ‘Strategic Action
Planning in Post Conflict societies’, ‘Legal aspects of land administration
in post conflict areas’, ‘Land administration in post conflict Cambodia’,
‘Experiences with land administration in Guatemala’, ‘Putting registration
in perspective in rural areas: the case of Afghanistan’, Land administration
in post conflict Chile’, ‘Land Administration in Kosovo before and after the
War (1999)’, ‘Land administration in post conflict Serbia’, ‘The Creation of
an Immovable Property Registration System in Albania’, ‘Transition of Land
Administration in Post War Croatia’, Land administration in Bosnia and
Herzegovina after the war’ and on ‘Slovenian Experiences: an example from a
transition country’. A paper from Rwanda on ‘Land administration in Rwanda
post genocide’ could not be presented, the author could not come because of
visa problems.
Observations and Conclusions
Commission 7 chair, Paul van der Molen, observed that land
administration in post conflict areas is complicated, land is a conflict
issue. Land is not always the cause of a conflict but it is always related.
Implementation of peace treaties can be the beginning of economic
development or can result in the start of a new war if the land issue is not
really solved. One situation might require short time emergency actions,
others might allow for less hasty and more gradual actions. Conventional
concepts for Land Administration don’t work in unstable situations. The
classical responses to property rights are limited, the restoration of land
ownership is not always the restoration of social justice. ‘Fix the
Cadastre’ is not the solution. Land is not always a pressing issue. The
(wo-)man –land relationship has to be recognised in community or locally
based processes, this does not necessarily mean community participation.
Being aware of this it might be possible to identify ‘true owners’ as
recognised by the community and to reach the stage of crucial trust in the
authorities and in the registration of property rights.
Van der Molen concluded that land registration is not the start of a
reconciliation process but the end. The relationship between land reform and
reconciliation is very strong, so land reform might be part of the
reconciliation process. It is most likely that in post conflict situations
different approaches are needed. Apart from the fact countries differ in
history, culture and attitude, post-conflict situations may differ and
require a specific policy; land registration concepts might result in
unconventional approaches. Often surveyors are not involved in peace
treaties.
Recommendations
In peace treaties the relationship to land administration and land policy
is relevant and should be recognised. Parties involved in formulation of
peace agreements and/or strategic action plans should not mention land
registration as an isolated objective, but embed in a wider development and
land policy. Territorial land issues are a basis for conflict, there is
readiness in the international community that we have to be better prepared
for this. Workshops and reference materials have to be organised for
humanitarian practitioners. The FIG Commission 7 is committed to inform
United Nations on the importance of land policy and land administration in
relation to peace treaties to improve the awareness on this issue. Effective
land administration institutional frameworks have to be developed. Knowledge
on the issue has to be collected in the regions.
Proceedings will be available at
www.oicrf.org and
www.fig.net/commission7/
Paul van der Molen and Christiaan Lemmen
The Symposium has been supported by:
- UN-HABITAT
- FAO, Land Tenure Service
- Kosovo Cadastral Agency
- Central European Land Knowledge Center (Celk Center), Budapest,
Hungary
- The Netherlands Cadastre and Land Registry Agency
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