Grenville Barnes: University of Florida Maria DiGiano: Earth Innovation Institute Clarissa...
If you can't read please download the document
Grenville Barnes: University of Florida Maria DiGiano: Earth Innovation Institute Clarissa Augustinus: UN-Habitat INTEGRATING COMMUNAL AND INDIVIDUAL PROPERTY
Grenville Barnes: University of Florida Maria DiGiano: Earth
Innovation Institute Clarissa Augustinus: UN-Habitat INTEGRATING
COMMUNAL AND INDIVIDUAL PROPERTY RIGHTS: LEARNING FROM THE MEXICAN
EJIDO EXPERIENCE
Slide 2
Content Relevance of Mexico? Historical continuum of property
Land Governance and Tenure System Land Transactions Transformation
over time Lessons
Slide 3
GLTN Customary Tenure Initiative Recognises that: Customary
tenure systems are predominant in Africa and elsewhere Customary
tenure land coming under increased pressure and conflict Most
customary rights are not protected by statute Tries to develop
tools to: Enhance tenure security on customary land Protect the
interests and rights of marginalized people living on this land
Better align customary and statutory land systems ..acknowledging
the legitimacy of indigenous land rights, land policy processes
must also recognize the role of local and community-based land
administration/management institutions and structures, alongside
those of the State. (Framework and Guidelines on Land Policy in
Africa (2010)
Slide 4
Relevance of Mexico? USA Belize Guatemala (Total area of Mexico
= Area of DRC + Kenya + Tanzania) Over 30 000 communities covering
52% of area of Mexico Operated for over 80 years Affects the rights
of over 5 million people Community level documentation of land
transactions Extensive pro-poor statutory registry system Most
successful land reform in Latin America Distribution of Community
Land Tenure
Slide 5
Historical Continuum of Property Rights in Mexico TIME Mexican
Revolution Independence from Spain
Slide 6
Land Governance System Ejido Council Vigilance Council
Community Assembly Agrarian Attorneys Office Notary National
Agrarian Registry Office Facilitator Private Property Registry
Office Agrarian Tribunal STATE-LEVEL GOVERNMENT PRIVATE SECTOR
COMMUNITY LEVEL
Slide 7
Community Level Governance and Land Registration General
Assembly Ejido Counci l (pres, secr, treas) Vigilance Council
(pres, 2 secr)
Slide 8
Ejido Land Tenure
Slide 9
Rights of different stakeholders in ejido possessors
Slide 10
Land Certification (PROCEDE Project) National Program to
clarify/delineate community boundaries (1993 2006) Land use
certificates to individual holdings Common-use certificates to %
share of common land Title to urban lots Documents registered in
National Agrarian Registry (RAN) Certificates not freely marketable
but a pre-requisite for privatization process Covered 94% of all
rural communities [Source: Smith et al 2009] Parcel Certificate
Common-use Certificate Urban Lot Title Cadastral Plan
Slide 11
Individual vs Common Use Land (2007) Individual Use Rights
Common Use Rights Countrywide States
Slide 12
Noh Bec The Poster Child Created in 1936 now has 219 members
(pop. 2000+) 1993 forest ownership assigned to the ejido 78 % of
its 24 100 ha is forested and FSC Certified In 2001 created company
for timber processing and marketing Ejido members are associates in
business Provides 90 permanent and >100 seasonal jobs US$ 2.5
Million annual turnover Ejidatarios each receive US$2500 3000
annually N
Slide 13
Property Registration Systems 13 Property Registration Systems
13 EJIDO NATIONAL AGRARIAN REGISTRY (RAN) Registry Book Issue New
Certificates (adverse possession) (sales) Approve Boundary Plans
Issue Parcel Certificate Issue Common-use Certificate Technical
Norms Issue New Private Title Technical Assistance Internal
Regulations List of Successors General Assembly Minutes Land Use
Contracts (with 3 rd Parties) Sell Parcels Convert to Private
Property Sell Membership Private Property Registry Community level
State level State Laws and Regs
Slide 14
State-Level Land Registration - RAN 87% of Transactions done
free of charge Most transactions relate to succession issues Ejido
Parcel Sales and Buyer Information - 25 Ejidos (2006) Total No of
Parcels No of Parcels Sold Origin of BuyerParticipation in Ejido
EjidoResidentOutsideYesNo Total3,0103191449754593 %
10.6%10.1%35.5%54.3%33%67%
Slide 15
How have Ejidos Transformed? No private property exists in this
community - Land sales are prohibited Approx. 7-10% of ejidos have
converted to private property Why have they converted? Rising land
values due to urbanization Maximizing payment when expropriation
imminent Land near tourism areas Leave (will) to multiple
successors
Slide 16
Lessons Community Land Title provides protective shell
Standardized governance structure Specific registry for communities
mostly free to users Based on a massive adjudication and
certification effort (1993 2006) Communal land has preserved
natural resources which provide valuable environmental services
(e.g. clean water, air) Statutory land administration system
integrated into indigenous system Not everyone has a voice or vote
in community Governance Inter-generational transfer issues (legal
and social) Policy change to allow privatization has not integrated
community members into the larger economy Confusion between title
and usufruct certificates (land market in both) State registry not
easily accessible (recent initiatives to address this) Negative
Positive