2010年-世界发展银行全球_Leasing_in_Vanuatu___Findings_and_Community_Dissemination_on_Epi_Island_8页_1mb

Summary of Leasing in Vanuatu: Findings and Community Dissemination on Epi Island

Core Content

This document presents the findings of a research project on land leasing in Vanuatu, with a specific focus on Epi Island. It outlines the challenges and inequities in the current leasing system and discusses the methods used to disseminate the research to local communities. The study was conducted by the World Bank's Justice for the Poor (J4P) program in collaboration with the Vanuatu government.

Main Points

Land Leasing in Vanuatu

• Legal Framework: Under the Vanuatu Constitution (Article 74), customary rules form the basis of land ownership and use. However, land alienation through leasing has been a major issue, especially in post-independence Vanuatu.
• Lease Duration: Leases can be granted to Ni-Vanuatu or foreigners and are limited to a maximum of 75 years.
• Driving Forces: Tourism, business, agriculture, and the need for financial loans have driven the creation of leases.
• Land Summit 2006: The summit highlighted the need for fair land dealings, strengthening customary group ownership, and ensuring public awareness of land rights and laws.

Research Findings on Epi Island

• Lease Statistics: There are 23 leases on Epi, covering approximately 14.2% of the island’s total land area (44,534 hectares).
• Lease Types: Eight agricultural, eight commercial, four special (including an airport, school, and communication facilities), one residential, and two unknown.
• Inequities in Lease Processes:
  • Custom Landholder Identification: Often lacks proper consultation and transparency, leading to disputes and unauthorized registrations.
  • Benefit Sharing: Benefits are concentrated among a few individuals, with little sustainable impact on communities.
  • Environmental and Social Impact: Impact assessments are not systematically conducted, leading to potential harm to subsistence and food security.
  • Power Imbalance: Custom landholders are often in a weak position during lease negotiations and management.

Community Dissemination: Epi Legal Aid Days

• Workshops in 2010: JBE conducted workshops in three villages on Epi (Sara, Burumba, Rovo Bay) using drama and legal awareness sessions.
• Legal Awareness Program: Collaborated with a Ni-Vanuatu lawyer and Department of Lands representative to explain customary land rights and lease procedures.
• Drama as a Tool: The play illustrated common problems in lease creation, such as unfulfilled promises and lack of transparency, and emphasized the importance of land and kastom.
• Community Participation: The workshops included chiefs, church leaders, youth, and women, though women were underrepresented and often did not speak due to customary norms.

Key Issues Identified

• Disempowerment of Custom Landholders: Limited information and support lead to poor decision-making and unfavorable lease terms.
• Language Barrier: Leases are often written in English, which is not widely understood, leading to misunderstandings of rights and responsibilities.
• Land Disputes: Conflicts between custom claimants over land ownership are common, and the lack of enforcement mechanisms exacerbates these issues.
• Need for Legal Tribunals: There is a call for the establishment of a land tribunal on Epi to resolve disputes and uphold customary land rights.

Recommendations and Actions

• Empowerment of Communities: Strengthening legal awareness and ensuring community members are informed to make better decisions.
• Inclusive Dissemination: Targeted workshops for women’s groups and more inclusive participation in local dialogues.
• Legal Reform: Establishing a land tribunal on Epi to address disputes and ensure adherence to customary principles.
• Standardization of Rent Values: The Department of Lands should consider setting standard market values for custom land to ensure fair benefit distribution.
• Improving Lease Management: Systematic monitoring and enforcement of lease conditions to prevent unfulfilled promises and ensure accountability.

Conclusion

The Epi study supports the recommendations of the 2006 Land Summit and underscores the need for more equitable and sustainable land leasing practices. It highlights the importance of empowering communities through legal education and ensuring that customary land rights are respected and upheld in all lease-related activities.

Community Dissemination Methods

• Drama and Storytelling: Used to engage villagers in a non-formal setting and discuss sensitive land issues.
• Legal Awareness Sessions: Provided information on lease procedures, rights, and responsibilities.
• Interactive Workshops: Allowed participants to ask questions and receive legal advice.
• Local Collaboration: Workshops were conducted in collaboration with local leaders, ensuring relevance and accessibility to the community.

Additional Resources

• Justice for the Poor (J4P): A global program focused on pro-poor justice reform.
• Other J4P Briefing Notes: Cover related topics in Timor-Leste, Solomon Islands, Kenya, and Indonesia, highlighting similar challenges and approaches.

This research and dissemination process aim to ensure that Ni-Vanuatu are better informed and empowered to engage in land leasing decisions that benefit their communities.