8.1 Secure access to land and other natural resources is a
crucial factor in the recovery and reconstruction of a country after violent
conflict. It is essential for the realization of the right to food and the
Millennium Development Goals, particularly as they relate to eradicating extreme
hunger and poverty, promoting gender equality and empowering women, and ensuring
environmental sustainability.
8.2 Problems related to access to land after violent conflicts
are often immense. The operations of government in the post-conflict period are
usually chaotic and sometimes dysfunctional. Expertise to develop and implement
policies is typically limited. Co-ordination within government is often weak. A
lack of expertise within government means that partnering with international
organizations and NGOs can be critical to the co-ordinated development and
implementation of appropriate strategies to provide access to land.
8.3 Land administrators providing technical assistance during
the post-conflict period can play an important role to ensure that issues of
land access remain on the agenda, and that they are not swept aside because of
the perceived difficulties of the problem. They can play a significant role in
facilitating discussion, co-operation, co-ordination and partnership in the
process of providing access to land in the post-conflict setting. See Box
12.
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BOX 12
ROLE OF LAND ADMINISTRATORS AS
ADVISORS
Land administrators providing technical assistance can play an
important role to ensure that access to land remains on the agenda, and that the
problems are well understood. Possible actions include:
Develop
partnerships with government, international organizations and NGOs to seek
advice from stakeholders and to develop co-ordinated approaches to the
development and implementation of policy.
Gather relevant information on
access to land and land administration.
Report the characteristics of
access to land to the government.
Foster public debate and
education campaigns concerning access to land, such as appropriate mechanisms
for land restitution and resettlement.
Identify critical issues on
access to land that require immediate responses from governments and others,
e.g. the particular difficulties faced by vulnerable groups.
Ensure that the issue of
access to land in the post-conflict period is treated within a framework of
reconciliation.
Land administrators can play an important role to ensure that
appropriate policies are developed and implemented. Possible actions
include:
Assist in the
development of policies for access to land and land administration as part of a
total, cohesive framework rather than a number of isolated policy
initiatives.
Assist in the development of
policies that are in accordance with international conventions in regard to
land.
Listen to the arguments of
stakeholders in developing policies that anticipate future needs.
Assist in the development or
re-establishment of land administration systems that promote and provide
security for the short-to-medium-term until more detailed strategies can be
developed.
Assist in the decentralization
of essential operations so that policies for access to land can reach people
throughout the country.
Promote justice and fairness
in administrative processes by making procedures simple, transparent and fair
for all users including vulnerable groups.
Ensure that applicable human
rights standards are applied in the development and implementation of land
administration systems.
Provide information about land
rights and land administration services to affected groups.
Partner with government for
the provision of specialist services to provide access to land and tenure
security.
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