land reform

Putting Justice into Practice: Communal Land Tenure in Ebenhaeser, South Africa, 2012-2017

Author
Leon Schreiber
Focus Area(s)
Country of Reform
Abstract

Following the 1994 transition from racial apartheid to democracy, South Africa’s government aimed to provide tenure security for the estimated 16 million black South Africans living in communal areas. But the lack of a clear legal framework applicable to most communal areas meant that progress was slow. In contrast, a viable legal framework did exist to guide tenure reform in smaller communal areas formerly known as “coloured reserves,” where a series of apartheid laws had settled people of mixed race. In 2009, land reform Minister Gugile Nkwiti designated one such area—Ebenhaeser, on the country’s west coast—as a rural “flagship” project. The aim was both to transfer land held in trust by the government to Ebenhaeser community members and to settle a restitution claim. Provincial officials from Nkwinti’s ministry, working with private consultants, organized a communal association to serve as landowner. They helped negotiate an agreement with white farmers to return land that had originally belonged to coloured residents. The community also developed a land administration plan that would pave the way for Ebenhaeser’s residents to become the legal owners of their communal territory.

Lessons Learned

  • A legal framework to guide tenure reform in communal areas is vital. The lack of a law to guide the process in the former homelands made it nearly impossible to make any progress in those regions.
  • In many of the communal areas of South Africa, the key question is whether traditional leaders should become legal landholding entities. Despite the lack of capacity that hampered many CPAs, Ebenhaeser’s experience offers an alternative to granting legal ownership to traditional leaders.
  • A strong, high-level project steering committee was critical for driving implementation. The project required cooperation between a range of different stakeholders. And the creation of a central venue encouraged that collaboration.
  • Providing communities with financial and human resources support after they obtain ownership over communal lands is crucial. Documentation proving they were landowners was not enough to immediately enable the Ebenhaeser CPA to use its land productively or access credit.

 

Leon Schreiber drafted this case study with Professor Grenville Barnes of the University of Florida-Gainesville based on interviews they conducted in the Western Cape, Gauteng, and Eastern Cape provinces of South Africa, in March 2017. Case published May 2017.

A 2017 workshop, Driving Change, Securing Tenure, profiled recent initiatives to strengthen tenure security and reform land registration systems in seven countries: South AfricaCanadaJamaica, Kyrgyzstan, Mozambique, Australia and Tanzania.

Watch the video of David Mayson - Managing Director, Phuhlisani

Thun Saray

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11
Country of Reform
Interviewers
Rohan Mukherjee
Name
Thun Saray
Interviewee's Position
President
Interviewee's Organization
Cambodian Human Rights and Development Association
Language
English
Nationality of Interviewee
Cambodian
Town/City
Phnom Penh
Country
Date of Interview
Reform Profile
No
Abstract

Thun Saray describes, from the point of view of a human-rights activist, reforms needed to achieve social stability and economic progress in Cambodia. He says that, even though Cambodia has enjoyed some of the highest economic growth rates in its region and made progress on several fronts, direct foreign investment and general economic development has been deterred by failures to implement the constitution and the many laws. He suggests that a key problem was corruption and unfairness in the court system, a result of low salaries and political party control. He argues that many farmers were dislocated from their land as part of concessions to domestic and foreign investors. He asserts that military corruption and military-owned businesses contributed to widespread deforestation and that the military still acted in its own right without adequate civilian control. He adds that social stability and broadly-based economic development could be achieved only if the income gap between the powerful and powerless was closed and government became more accountable.    

Profile

At the time of this interview, Thun Saray was the founding president of the Cambodian Human Rights and Development Association, a non-governmental organization that, among other things, provides legal assistance to the poor. He was a political prisoner twice in his life: once under the Khmer Rouge regime for 10 months of so-called re-education, and once under the People’s Republic of Kampuchea for being involved in an attempt to form an opposition party. He worked at the Institute of Sociology in Phnom Penh during the 1980s.

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57MB
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Thun Saray Imnterview

Amos Sawyer

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6
Country of Reform
Interviewers
Graeme Blair
Name
Amos Sawyer
Interviewee's Position
Chairman
Interviewee's Organization
Governance Commission, Liberia
Language
English
Nationality of Interviewee
Liberian
Town/City
Monrovia
Country
Date of Interview
Reform Profile
No
Abstract
Amos Sawyer discusses the Liberian experience with decentralization, land reform and public sector reform. He speaks about further complications, including the aftermath of war and the role of property in exacerbating it; the inefficacy of, and lack of trust in, the judicial department; the unavailability of representative opinion polls; and the relationship between property holdings and women’s empowerment. Sawyer begins by explaining the goals of land reform in the country, and the tortuous process of building support for land reform among the populace, nongovernmental organizations, international donors and the cabinet, and building credibility for the government. Sawyer reflects on public-sector reform and the challenges of coordinating reform throughout the government, especially in relation to patronage and ghost workers. He speaks about corruption reform in the police, judiciary and bureaucracy through the Anti-Corruption Commission, and its effect on institutional memory. Sawyer also reflects in detail about the role of international donor agencies, and the need for contextually sound goals, implemented with patience through cooperation instead of myopic adherence to narrow goals. Lastly, he discusses the role of spoilers in the Liberian reform process, and emphasizes the necessity for visionary leadership.
Profile

At the time of the interview, Amos Sawyer was chairman of the Governance Commission in Liberia, which was set up under the Comprehensive Peace Agreement of 2003. He was the president of the Interim Government of National Unity in Liberia between 1990 and 1994. Sawyer earned a doctoral degree in political science from Northwestern University, and after his presidency was a research scholar at Indiana University in Bloomington. He also wrote two books: Beyond Plunder: Toward Democratic Government in Liberia, and The Emergence of Autocracy in Liberia: Tragedy and Challenge

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88 MB
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Amos Sawyer - Full Interview

Juan Carlos Vargas Morales

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15
Country of Reform
Interviewers
Matthew Devlin
Name
Juan Carlos Vargas Morales
Interviewee's Position
Civilian Coordinator
Interviewee's Organization
Regional Center of the Centro de Coordinación de Acción Integral (CCAI)
Language
Spanish
Nationality of Interviewee
Colombian
Town/City
Cartagena
Country
Date of Interview
Reform Profile
No
Abstract

Vargas characterizes the Centro de Coordinación de Acción Integral (CCAI, Comprehensive Action Coordination Center) as a coordinating agent established under the Colombian Presidency that connects local demands with national supply. Focusing on the Montes de María region, Vargas traces a process of i) identifying Montes de María as a strategic transit point near the Venezuelan border and the Caribbean sea that merits institutional attention, ii) assessing local priorities incorporating input from local authorities and producers (including the chamber of commerce, avocado and cacao growers), iii) relaying that assessment to the national level for strategic action, and iv) facilitating state interventions in the region. CCAI activities pertaining to two main issue areas: road infrastructure and land ownership.  Vargas singles out the Transversal de los Montes de María, a major road across the region that is under construction by army engineers, but some work is done on secondary roads by private contractors.  He notes that in the face of limited resources, the CCAI chose to maximize impact by focusing on highly productive and densely populated areas and by delivering durable (but more expensive) road infrastructure, which led to a tradeoff between number of projects and quality of output.  To put CCAI land ownership work in context, Vargas points out that the issue is complicated by internal displacement and land transactions during the conflict, by the return of the displaced in the post-conflict era, by a culture of informality and by limited state capacity. To address this range of situations, the CCAI has adopted three approaches: First, to coordinate investigation of land purchases during the conflict, exploring the possibility of transactions under duress. Second, to normalize land ownership through various programs focused on restitution. Third, to promote socially-responsible industrialization by providing platforms for dialogue between small landowners and new private developers.  Vargas also shortly elaborates on a pilot program aimed at victims from small towns, on funding sources, on channels of cooperation with regional authorities and on recent structural changes within the CCAI.  He underscores that the Center does not pursue a policy of return for the internally displaced, but instead responds to the observable phenomenon that they are returning on their own. He also assimilates the problem of continuity across political administrations with the need to phase out CCAI activities as local capacity is strengthened. He closes by zeroing in on two keys for success: honesty about what can and cannot be done when dealing with the local community, and the fostering of trust, which may require an intervention as inexpensive but valuable as installing a water pump.

Profile

Juan Carlos Vargas Morales was involved with the Centro de Coordinación de Acción Integral (CCAI) from the start, serving as the delegate from the Ministry of the Interior and Law to the Center for nine years. He later worked on National Consolidation issues in the Montes de María Region on behalf of the Agencia Presidencial para la Acción Social y la Cooperación Internacional (Presidential Agency for Social Action and International Cooperation).

 
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48 MB
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Juan Carlos Vargas Morales Interview

Abdul Muyeed Chowdhury

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1
Country of Reform
Interviewers
Andrew Schalkwyk
Name
Abdul Muyeed Chowdhury
Interviewee's Position
Chairman and Director
Interviewee's Organization
BRACNet
Language
English
Nationality of Interviewee
Bangladeshi
Town/City
Dhaka
Country
Date of Interview
Reform Profile
No
Abstract

Abdul Muyeed Chowdhury details his involvement with the Bangladeshi civil service, providing insight on civil service reform within the country. In particular, he describes his role in government attempts to restructure administrative agencies through the creation of review committees. Chowdhury talks about how he became chairman of one such committee, called the Muyeed Committee, which sought to assess departments within the government and produce recommendations for reform. He also elaborates upon his roles in the 1993 Nurunnabi Committee and the 2007 Regulatory Reform Commission. Outlining the importance of land in Bangladesh, Chowdhury talks of the problems created in the country by an archaic land management system and describes his frequent attempts to institute modernization in land administration. He is quick to note, moreover, that regardless of how eager governments may be to set up review commissions at the start of their tenure, they often fail to implement reform recommendations. Indeed, electoral politics and party rivalries often prevent committee reports from being fully carried out. Chowdhury further describes the way civil servants are impacted by the tussles between rival parties as different government administrations succeed each other. This leads to a broader discussion of the major challenges facing the civil service and the need for effective reform. Chowdhury concludes with anecdotes from his time as a Fulbright scholar in America, sharing stories from his life that, in his opinion, serve to exemplify the changes needed in the civil service of Bangladesh.    

Case Study:  Energizing the Civil Service: Managing at the Top 2, Bangladesh, 2006-2011

Profile

 At the time of this interview, Abdul Muyeed Chowdhury was the Chairman and Director of BRACNet, a joint venture ISP, and the owner of Tiger Tours Limited, a tour operating company looking to promote tourism in Bangladesh. A career civil servant for 33 years, Chowdhury joined the Civil Service of Pakistan in 1967 and went on to serve in the Bangladesh civil service upon the country’s independence. He acted as secretary to the Bangladeshi government in various ministries from 1994 to 2000, and served as the managing director and chief executive officer of Biman, the national Bangladesh airline, from 1991 to 1994. Having worked as the director general of the department of land records and surveys in Bangladesh, Chowdhury was also involved in recommending the modernization of land record preparation and management through two reform commissions. In 1989, he was chairman of the Muyeed Committee, and in 2007, as a member of the Regulatory Reforms Commission, he headed a committee that recommended land reform. After his retirement in July 2000, Chowdhury became the executive director of BRAC, a position he retained till 2006. He was also a global councilor for the International Union for the Conservation of Nature from 2004 to 2008. Chowdhury obtained a Bachelor of Arts (Honors) in History in 1964 and a Master of Arts in Modern History from the University of Dhaka in 1965. He also attended the University of Tennessee (Knoxville, USA) for nine months as a Fulbright scholar studying public administration from 1980 to 1981.

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85 MB
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Abdul Muyeed Chowdhury - Full Interview