2012年-世界发展银行全球_Towards_More_Equitable_Land_Governance_in_Vanuatu___Ensuring_Fair_Land_Dealings_for_Customary_Groups_33页_2mb

Summary of "Towards More Equitable Land Governance in Vanuatu: Ensuring Fair Land Dealings for Customary Groups"

Core Content

This document is a Justice for the Poor (J4P) Discussion Note by Milena Stefanova, Raewyn Porter, and Rod Nixon, published in May 2012. It focuses on the challenges and inequities in land governance in Vanuatu, particularly in the context of land leasing practices, and proposes policy reforms to ensure fair and equitable dealings for customary landholders.

Main Points

1. Land Ownership and Leasing in Vanuatu

• The Vanuatu Constitution states that all land belongs to custom owners and their descendants, and that custom rules govern land ownership and use.
• Despite this, decades of land alienation by foreigners have led to concerns about the fairness and transparency of leasing practices.
• The 2006 National Land Summit highlighted the need for reform in land governance and led to the development of the National Land Review and an Interim Transitional Implementation Strategy.
• A Land Sector Framework 2009–2018 was introduced, focusing on five areas: enhancing land governance, engaging customary groups, improving land services, creating a productive and sustainable sector, and ensuring access and tenure security for all groups.

2. National Leasing Profile (as of December 2010)

• Approximately 13,815 active leases existed, covering 9.3% of the total land area in Vanuatu.
• 6,803 rural leases accounted for 99% of the leased land, while 7,010 urban leases covered 1%.
• Residential leases made up 79% of all leases, but only 4% of the total area.
• Agricultural leases represented 6% of the total number of leases but 82% of the total leased area.
• Subdivision plots were the most common type of lease, with 5,420 subdivisions covering 105.9 km², which is 1% of the total land area in Vanuatu.

3. Lease Trends and Duration

• Leasing activity has been increasing, with rural leases growing in proportion to urban ones since 2000.
• The maximum lease term is 75 years, and 98% of the leases studied were for 50 years or more, with 71% of subdivisions being for the full 75-year term.
• Urban leases are predominantly for 50 years, while rural leases are more likely to be for 75 years.
• Leases over disputed customary land have been a point of contention, with 1,469 rural leases signed by the Minister of Lands as lessor.

4. Locality Studies on Epi and Tanna Islands

• Epi had 23 leases, with agricultural leases being the largest in terms of land area, covering 6,317 hectares (14.2% of the island).
• Tanna had 64 leases, with special leases (e.g., schools, churches, infrastructure) being the most common, covering 1,486.8 hectares (2.6% of the island).
• Customary groups often lack understanding of lease terms and processes, leading to poor benefit sharing and disputes.
• Leases are frequently created without proper consultation or identification of custom landholders, especially women and youth, who are often excluded from decision-making.

Key Issues and Policy Responses

Issue 1: Environmental and Social Impacts are Routinely Neglected

• Leases are often created without proper environmental and social impact assessments.
• The lease process is not linked to environmental impact assessment (EIA) requirements, even for projects with significant environmental or social consequences.

Policy Response:

• Link planning, social, and environmental assessments with the lease creation process.
• Amend the Negotiator Certificate application form to include project details and require Preliminary Environmental Assessment (PEA).
• Make Preliminary Impact Assessment (PIA) a prerequisite for lease registration in sensitive cases.
• Ensure that custom landholders are informed of lease terms and impacts.

Issue 2: Custom Landholders Often Negotiate from a Position of Disempowerment

• Custom landholders are often unaware of lease terms and negotiation processes.
• Leases are written in English, not local languages like Bislama, which hinders understanding.
• There is a lack of support or information for landholders to make informed decisions.

Policy Response:

• Trigger public communication and community consultation through the lease process.
• Ensure that all interested parties have the opportunity to appeal or request a stay of the lease registration process if their interests are not properly addressed.
• Provide affordable advisory services to help landholders understand their rights and negotiate effectively.

Issue 3: Group Rights are Disregarded and Custom Landholders Poorly Identified

• There is ambiguity in the legal definition of customary land ownership, whether it is communal or individual.
• Custom landholders are often not properly identified, leading to disputes and ineffective benefit sharing.

Policy Response:

• Review the lease agreement template to include clauses protecting customary land rights, such as group access to the sea and cultural heritage.
• Include regular rent adjustments in lease agreements.
• Address problematic clauses such as default 75-year terms, compensation for improvements, and unenforceable covenants.

Issue 4: Lease Creation Process is Unregulated and Easily Abused

• The lease process is formal but not regulated, allowing for opaque and unaccountable practices.
• Custom landholders may not be adequately informed or empowered during negotiations.

Policy Response:

• Ensure that landholders are adequately informed of lease terms and impacts.
• Strengthen independent advisory services to support landholders in decision-making.
• Review the legal framework to better reflect customary land management practices.

Conclusion

The research conducted by the Justice for the Poor program highlights the need for more equitable and transparent land governance in Vanuatu. The findings suggest that current lease practices often fail to protect the interests of customary landholders, especially women and youth, and that reforms are necessary to align legal and administrative procedures with the principles of customary land management. The proposed policy responses aim to improve lease formation, administration, and monitoring to ensure fair benefit distribution, community engagement, and environmental and social accountability.