4.1 At the early moments in a transition to peace, assessment missions are usually carried out to analyse issues and to identify priorities for further action. These interventions occur when the main hostilities have ceased to the point that international aid can start with a reasonable degree of security. However, at these early moments, the security situation may change rapidly. Those involved with preliminary assessments must be trained in security matters.
4.2 Such missions should include a land tenure and land administration specialist to investigate key issues of access to land and land administration. The initial assessment of land tenure issues is likely to be incomplete (see Box 3). However, despite these limitations, it usually provides the first identification of the nature, scope, severity and distribution of land tenure problems in the country. The assessment should prioritise actions to be carried in support of emergency activities. In addition, it should serve to build the foundation for more detailed work to be carried out by specialists with longer-term assignments.
4.3 This chapter identifies issues which may be considered for the terms of reference for specialists during the assessment missions. These issues are described in more detail in Chapter 5.
4.4 Types of land tenure. The primary types of tenure should be identified. These often include different forms of statutory tenure and customary tenure. The analysis should address all relevant rights to land, including ownership and other more limited or temporary rights for particular purposes (e.g. use rights and mortgage rights). Rights for different types of rural land use should be included (e.g. sedentary agriculture and pastoralism). The linkages between rural and urban activities should be considered.
4.5 The analysis should address how the post-conflict situation changed the way in which access to land is acquired. At times, reports of early missions have focused on how land tenure might have worked in the absence of a conflict, and they ignored the disruptions caused by the conflict.
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BOX 3 The initial assessment of land tenure issues is likely to be incomplete. Information for planning the recovery and reconstruction is typically not available in countries that have suffered long conflicts. Many years may have passed since a census was carried out, and during the conflict much of the population may have moved. The dynamic situation of the post-conflict period will hamper efforts to collect data. Large numbers of IDPs and refugees may be moving every day outside of any organized process, and their locations may not be noted for some time. Knowledge of the situation in some areas may be limited if travel is restricted because of ongoing local conflicts, and the destruction of infrastructure such as roads, bridges and airports. People who can be interviewed may be reluctant to speak to strangers or may be suspicious of the government and its partners. The inaccessibility of people, or the unwillingness to participate in surveys, may produce biases in the assessments. This will be especially the case when the needs of the population are diverse. |
4.6 Access to land. The relationship between access to land and the livelihood strategies of people should be analysed. The analysis of the need for land by returning refugees and IDPs should consider seasonal access to land. The availability of food, and the need for it, will vary from one season to another. Issues may include:
Restitution;
Land disputes;
Compensation;
Eviction;
Resettlement;
Land for vulnerable groups;
Emergency shelter and housing;
Public and private abandoned land;
Lands that are free of mines and lands that are mined.
4.7 Operational issues. The analysis should address:
Land administration agencies and their mandates;
Staffing levels of agencies;
Location and condition of office premises;
Availability and condition of equipment;
Availability and condition of land records.
4.8 Policy framework. Policies related to land tenure should be identified, along with gaps and contradictions.
4.9 Legal framework. Legislation related to land tenure should be identified, and its strengths and weaknesses should be assessed. Legislation should be identified for translation so that it can be read by international specialists.
4.10 Inter-agency co-ordination. There should be an assessment of the co-ordination of land tenure activities of government agencies, the United Nations, international aid organizations and NGOs.
4.11 Communication. The ability to communicate with people should be assessed. Issues include those of language (e.g. the need to use translators), literacy levels, and the availability of media such as radio and television.
4.12 Sources of information should be reviewed.
People and organizations should be identified.
The availability and usefulness of remotely-sensed imagery should be assessed for its use in identifying mined areas and areas of potential agricultural redevelopment. Older imagery may be able to provide information on when particular areas were occupied.
