REGIMES IN A GLOBALIZING WORLD
Synthesis of 41 Case Studies on Common
Property Regimes from Africa, Asia, Europe
and Latin America.
- PREFACE
- EXECUTIVE SUMMARY
- INTRODUCTION
- ACCESS TO RESOURCES VIA COMMON PROPERTY REGIMES
- TENURE SECURITY UNDER COMMON PROPERTY REGIMES
- THREATS TO COMMON PROPERTY REGIMES
- Markets
- Demographic Factors
- Legal and Governance
Frameworks
- Conflicts and Conflict
Management - EXAMPLES OF REFORM AND INNOVATION
- CONCLUSIONS
- REFERENCES
- ANNEX A: BRIEF DESCRIPTION OF CASE STUDIES
- ANNEX B: CASE STUDY FRAMEWORK
- ABBREVIATIONS
- Other Useful Resources on Common Property
ANNEX B: CASE STUDY FRAMEWORK
In April 2005, organizations and researchers were invited to submit case studies to this initiative, drawing on their existing data and analysis. The study's organizers developed a framework of issues for consideration, outlined below. Using this common framework was intended to make it possible to analyze and compare the findings of case studies across countries and regions, so that the study could yield practical recommendations for consideration by policy makers. Case study authors were also invited to address other questions that were not included in this framework, but which they considered important for their analysis.
Two sets of issues for consideration were provided: 1) at the community level, and 2) at the country level. Case studies were encouraged to focus on one of these two levels.
1. Community level
Tenure Systems
• What are existing customary or statutory tenure arrangements in common property systems? What are the rationales that underpin these common property arrangements?
• What are the community's own understandings and definitions of the tenure of their common land? What is the distribution of land use rights within the community? How is this distribution of land rights managed or enforced?
Organization within Communities
• What kinds of power relations or power dynamics exist within the community?
• How are communities organized socially? How is the community's social organization related to the management of common property, or the ability for community members to access and use common property and common lands?
Use of Common Land and Resources
• What are the present uses of the community's common lands? How is work on the common lands organized? What are current agricultural (including pasture and cattle-raising) practices developed in those lands? How are these practices related to the community organization and traditions?
• Does the use of common lands result in marketable goods? How is the use of common property and common lands related to the family livelihood and wellbeing?
Changes Taking Place
• What are the existing change processes that affect the common property system? To what extent is change driven by internal factors or from within communities (e.g., population dynamics)? To what extent is change driven by external factors or from outside communities (e.g., migration, external investment)?
• What are the effects of these changes in common property systems? Are all households affected similarly, or are some households or community members affected differently than others?
• What are the effects of these changes on access to land, particularly by poor households, women, indigenous peoples? Are there any effects on poverty (e.g., as indicated by changes in poverty indicators) or environmental conditions?
• What do community members think about the challenges and transformation of common property systems, e.g., individualization of land parcels?
Overall Assessment
• What elements of common property and common lands management are working well, in terms of encouraging development for people and sustainability of the system? Why?
• What elements need to be improved? Why? What steps could be taken to improve these elements?
2. Country-level
While case studies should focus on the community level analysis, participants are also invited to provide valuable information on national legal and institutional frameworks concerning common property.
National Context
• What is the social, economic and political context in the country and/or region where these common property systems exist?
Legal and Policy Framework
• What are the current national land policies related to common property systems? What are their results, including both positive and negative impacts (e.g., costs and benefits)?
• How do changes in common property systems interact with other national policy issues - e.g., land conversion and urbanization, agricultural production, migration, communal conflict, etc.
• What are the existing laws and regulations related to common lands? Do these provide mechanisms through which common property systems can be adapted or strengthened?
Institutions
• What institutions are responsible for administering laws or implementing policies that are related to common property? How is their functioning assessed?
• What bottlenecks or challenges exist in terms of developing or reforming the national framework toward common property?
Opportunities for Reform
• What are alternative proposals for reforming laws, policies, and institutional arrangements?
• What are the perspectives/points of view from implementing agencies (government, NGOs), common property owners/users, CSOs, and other stakeholders on this policy question?
• Are civil society organizations (e.g., NGOs, farmers' unions, women's networks, indigenous peoples' organizations, etc.) active in analyzing or advocating for change to national policy toward common property? If so, what kinds of work are being undertaken?