2001年-世界发展银行全球_Mexico___Land_Policy--A_Decade_after_the_Ejido_Reform_71页_5mb

Summary of Mexico Land Policy — A Decade after the Ejido Reform

Core Content

This report evaluates the impact of Mexico's land policy reforms, particularly the 1992 changes and the PROCEDE (Programa Nacional de Certificación de Derechos Ejidales y Titulación de Solares Urbanos) program, ten years after their implementation. The focus is on how these reforms have transformed the ejido system, which historically was a central feature of rural land tenure in Mexico, into a more market-oriented and transparent structure.

Main Objectives

The study aims to:

• Assess the economic and non-economic benefits of the PROCEDE program.
• Determine whether the program needs to be continued or modified.
• Identify the sustainability of the information generated through the program.
• Explore the implications of the reforms for future land policy and institutional structure.

Key Findings

Economic and Non-Economic Benefits

• The legal and institutional changes, along with PROCEDE, have led to significant economic and non-economic benefits.
• Equity through land access: Over 3 million households have received land certificates, and more than 1 million households (avecindados and posesionarios) have gained secure land rights.
• Conflict resolution: Agrarian courts resolved about 350,000 land conflicts, contributing to rural social peace.
• Improved governance: Ejidos now have internal by-laws and transparent records, enhancing local accountability.
• Increased access to common property resources: Households in PROCEDE-certified ejidos have better access to communal lands for pasture.
• Household welfare: PROCEDE has improved household welfare, particularly by enabling participation in off-farm labor markets.
• Land market functioning: Land rental markets have improved, though land sales have not surged as feared.

Program Participation

• Non-adoption factors: Boundary conflicts, illiteracy, large ejido size, internal inequality, and economic backwardness are main reasons for non-participation in PROCEDE.
• Marginal ejidos: These, which rely on natural resources, have seen slower progress in the program and require attention to reduce implementation costs and develop social capital.
• Peri-urban ejidos: Despite the program's goals, these areas have not seen significant progress. They face unique challenges, including informal land occupations and high land values, requiring tailored approaches.

Sustainability of Program Information

• Inheritance restrictions: Prohibition on land subdivision upon inheritance increases the burden on the Agrarian Courts and the Procuraduria Agraria, discouraging registration.
• Local incentives: Lack of local incentives and centralized management of the National Agrarian Registry (RAN) hinder timely updates.
• Tax concerns: Ejidatarios fear that the information collected may be used for taxation, which could reverse the tax exemption of social land.

Next Steps and Recommendations

• Completion of PROCEDE: The report recommends completing the program, given its positive impact, and establishing a sunset clause for free provision.
• Cost reduction: Measures to reduce program costs, such as resolving boundary conflicts and improving local data sharing, are essential.
• Decentralization and integration: The RAN should be decentralized and integrated with state-level public registries.
• Credit constraints: Ejidatarios remain severely credit constrained, necessitating interventions to improve investment and management skills.
• Joint ventures: Successful models of joint ventures should be disseminated to enhance their utilization in various ejido types.
• Dominio Pleno: Pilot mechanisms for fast-tracking dominio pleno in peri-urban areas are recommended to facilitate land transitions.
• Subsidies and long-term contracts: Redirecting funds towards incentives for long-term contracts could improve investment incentives.

Key Institutions and Programs

• SRA (Secretaría de Reforma Agraria): The lead agency for agrarian reform, responsible for coordinating and implementing the program.
• PA (Procuraduria Agraria): Acts as an ombudsman and supervises due process in the new legal framework.
• RAN (Registro Agrario Nacional): Issues land certificates and ensures the transparency of land rights.
• Tribunales Agrarios Unitarios and Tribunal Superior Agrario: Handle land disputes and provide legal recourse.
• PROCEDE: A land regularization program that has been instrumental in resolving tenure issues and improving market functions.
• PISO: A program that supports peri-urban land development and has been successful in managing informal land occupations.

Policy Recommendations

• Elaborate a specific time plan for completing PROCEDE.
• Consider a sunset clause for the free provision of the program.
• Strengthen conflict resolution mechanisms, including alternative dispute resolution.
• Improve incentives for local information maintenance and explore decentralization of the RAN.
• Address tax concerns to ensure ejidatarios do not fear the loss of tax exemptions.
• Enhance credit access and investment skills for ejidatarios.
• Disseminate successful joint venture models to promote economic development.
• Explore fast-tracking mechanisms for dominio pleno in high-value peri-urban areas.
• Redirect subsidies to support long-term contracts and sustainable land use.

Conclusion

The PROCEDE program has had a transformative impact on Mexico's ejido system, improving land tenure security, market functioning, and governance. However, challenges remain, particularly in peri-urban and resource-rich ejidos, which require tailored interventions. The report recommends completing the program, enhancing its sustainability, and adapting it to meet the evolving needs of the rural and social sectors.