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Tool for designing, monitoring and evaluating Land Administration Programmes in Latin America

Module 3
LAPs and Subnational Entities

It corresponds to the level of intervention of subnational entities, i.e. Municipal Districts and Indigenous Communities and Territories (ICT) where LAPs seek to promote multipurpose land administration systems.

Intervention levels

This guide contains 5 modules, which allow users to proceed independently of the tool’s own logic. The modules contain numerous external hyperlinks to access a bank of technical documents of the FAO, World Bank and other additional information sources. They also contain internal hyperlinks for navigating between modules or for easy access to the tool’s glossary.

Evaluation of LAP effects on tenure governance in ICT

For evaluating compliance with efforts to recognize rights, five variables are proposed designed for the evaluation of the effects of the Honduras LAP on titling processes in the indigenous territories of the Miskito people. These variables were also based on frameworks for the analysis of tenure governance developed by the World Bank and the FAO. For this analysis the fact sheet Analysis of tenure governance in ICT proposes five variables for analysis of LAP effects on tenure governance.

  • Legal certainty of territory
  • Management of tenure disputes
  • Local administration system
  • Territorial and natural resources management
  • Access to external resources

GOVERNANCE VARIABLES

EXPECTED EFFECTS OF LAPs IN INDIGENOUS COMMUNITIES AND TERRITORIES (ICT)

Legal certainty of territory

  • Change in legal and regulatory frameworks.
  • Legal recognition of the existence of territories and collective management areas.
  • Demarcation of territories and/or communities.
  • Giving and registering territorial or communal titles or other form of recognition.

Dispute management

  • Territory demarcation and titling processes are accompanied by efforts to resolve disputes or arguments concerning boundaries and third party settlement.
  • The rights to manage and use natural resources are clarified.

Improvement in local administration systems

  • Recognition of local indigenous entities in charge of managing land and natural resources.
  • Technical assistance for developing internal rules.
  • Assistance for developing free, prior and informed consent processes in relation to the demarcation and titling of territory.

Management of natural resources

  • The recognition of ancestral practices for managing resources is respected.
  • Technical assistance and diagnosis for developing management schemes.
  • Technical assistance for carrying out territorial planning schemes.

Better access to external support

  • The recognition of territorial rights helps to link local organizations to incentive programmes provided by government institutions and international cooperation.
  • Linking with private companies is facilitated for the marketing of capital associations or products.

The fact sheet on Analysis of land tenure governance in ICT establishes indicators for each of these aspects, with a Likert-type scale, to measure the status of tenure governance in the administration of land and natural resources of ICT at different times in the project cycle.