2011年-世界发展银行全球_Improving_Land_Sector_Governance_in_Georgia_162页_1mb

Summary of "Improving Land Sector Governance in Georgia"

Core Content

The document outlines the Land Governance Assessment Framework (LGAF) implementation in Georgia, conducted by the World Bank in 2011. It provides an overview of Georgia's legal, institutional, and economic landscape, as well as a detailed assessment of the country's land governance system across several thematic areas.

Main Viewpoints

• LGAF as a Diagnostic Tool: The LGAF is a comprehensive framework designed to evaluate land governance performance. It assesses five key thematic areas, each containing specific indicators and parameters.
• Legal and Institutional Reforms: Georgia has undergone significant legal and institutional reforms since independence, focusing on restoring private property rights and establishing a modern legal system.
• Land Policy and Tenure: The country has a diverse land tenure system, including public, private, and community-based land ownership. Community land tenure, particularly for pastures, lacks legal recognition and is at risk of future conflicts.
• Land Registration and Information: The National Agency of Public Registry (NAPR) manages land registration and information, but there are gaps in the registration of agricultural and rural lands.
• Dispute Resolution and Conflict Management: The system has improved in recent years, but challenges remain in resolving land-related disputes and managing conflicts, especially in rural areas.
• Public-Private Collaboration: The study involved collaboration between government, private sector, NGOs, and academia, with expert panels providing critical assessments and recommendations.

Key Information

1.1 What is LGAF?

• The Land Governance Assessment Framework (LGAF) is a diagnostic tool for evaluating land governance.
• It assesses five thematic areas:
  1. Legal and Institutional Framework
  2. Land Use Planning, Development and Taxation
  3. Management of Public Land
  4. Public Provision of Land Information
  5. Dispute Resolution and Conflict Management
• It includes 21 Land Governance Indicators (LGI) and 16 additional parameters, evaluated by nine expert panels.

1.2 How the Study Was Prepared

• Modified Indicators: Some indicators were adjusted to better reflect the Georgian context, such as the exclusion of LGI 1, Div, which referred to urban informal settlements.
• Expert Investigations: Experts from the public and private sectors, including legal professionals, planners, and academics, were involved in data collection and analysis.
• Panel Meetings: Nine expert panels were formed, consisting of 37 experts (7 from the public sector, 30 from the private sector), to evaluate the LGAF indicators.
• Technical Validation Workshop: A workshop was held with 40 participants from various sectors to validate the findings and discuss policy recommendations.
• Policy Dialogue: A policy dialogue was conducted with 13 government officials, highlighting the need for continued collaboration and policy reforms.
• Roundtable with Government Representatives: A roundtable was organized to discuss the findings and recommendations, leading to support for six key recommendations.

2.1 Geography

• Georgia is a small country (76,200 sq. km.) in Southeast Europe, bordering Armenia, Azerbaijan, Russia, and Turkey.
• The country has a diverse climate, ranging from humid subtropical in the west to dry continental in the east.
• It is predominantly agricultural, with forests, hydropower, and mineral resources.
• The population is 4.4 million, with 83.8% ethnic Georgians, 5.7% Armenians, 6.5% Azeris, and 1.5% Russians.

2.2 History

• Georgia has a long and complex history, dating back over 2,500 years.
• It was the second country in the world to adopt Christianity in 337 AD.
• After the Soviet Union's collapse, Georgia experienced ethnic and civil conflicts, including the 2008 war with Russia, which resulted in the loss of 20% of its territory.
• The Rose Revolution of 2003 marked a turning point in Georgia's economic and political reforms.

2.3 Economy

• Georgia has made significant economic reforms since independence, leading to impressive growth.
• GDP growth reached 12% in 2007, and the country improved its Ease of Doing Business ranking from 112th to 16th globally.
• The business climate has improved, with no restrictions on foreign investment.
• Despite progress, high unemployment (estimated at 30%) and poverty (23.6% of population) remain major challenges.
• Foreign Direct Investment (FDI) has grown significantly, accounting for 20% of GDP in 2007.

2.4 Land Related Issues

• Land Policy: After the 1991 independence, Georgia restored private property rights and began a process of privatization.
• Land Tenure Typology:
  • Public Ownership/Use:
    • Agriculture: Governed by the Law on State Property and Law on Agricultural Land Ownership.
    • Non-Agriculture/Urban: Governed by the Law on State Property.
    • Protected Areas: Governed by the Forest Code.
  • Private Ownership/Use:
    • Agricultural Land: Regulated by Cabinet Decrees and Civil Code.
    • Non-Agricultural Land: Regulated by Civil Code and Law on State Property.
    • Leased Land: Governed by Leasing Agricultural Land Law and Civil Code.
  • Community Tenure:
    • Pasture: Not legally recognized, leading to potential conflicts.
    • Unregistered: Community groups use land, but no legal protection is provided.

Thematic Areas and Findings

3.1 Legal and Institutional Framework

• The 1995 Constitution restored private property rights and ensured legal protection for all citizens.
• Foreign ownership of agricultural land is allowed through legal entities.
• Land registration is managed by NAPR, but there are gaps in rural land registration.

3.2 Land Use Planning, Development and Taxation

• Land use planning and taxation have improved, but data gaps remain.
• Land valuation and taxation are key areas for reform.

3.3 Management of Public Land

• Public land management is a priority, with a focus on forest and protected areas.
• The Forest Code governs protected areas, but management remains a challenge.

3.4 Land Information Publicity

• The National Agency of Public Registry provides centralized electronic access to land information.
• Agricultural land is not fully registered, limiting policy formulation and monitoring.

3.5 Dispute Resolution and Conflict Management

• Dispute resolution mechanisms have improved, but conflicts in rural areas remain a challenge.
• Legal frameworks for resolving disputes are in place, but implementation is inconsistent.

3.6 Alienation of Large-scale Land

• Large-scale land alienation is a key issue, particularly in agricultural sectors.
• Lease purchase contracts allow leaseholders to buy land, but legal clarity is still needed.

3.7 Management of Forest Land

• Forest management is a priority, with a focus on sustainable practices.
• Legal frameworks are in place, but implementation and monitoring are challenges.

Recommendations

• Improve land use data to support policy formulation and monitoring.
• Develop an integrated agricultural strategy based on market mechanisms.
• Formalize community land tenure to prevent future conflicts.
• Enhance land registration and information systems.
• Strengthen dispute resolution mechanisms.
• Implement best practices from other countries in land management and tenure reform.

Conclusion

The LGAF study highlights Georgia's progress in land governance and the need for continued reforms. The legal and institutional framework has been significantly improved, but challenges remain in data collection, registration, and conflict management, especially in rural areas. The Government has shown support for the recommendations and expressed a commitment to further collaboration with the World Bank.