FAO

Land tenure alternative conflict managem

ent

Land tenure alternative conflict management

Land tenure alternative conflict management focuses on how to manage and resolve conflicts over

land tenure rights, security of tenure and land access in the field of rural development. It results

from complementary activities undertaken within FAOs Livelihood Support Programme (LSP) and

Land Tenure Service and with the International Land Coalition. It addresses the specific issues of

land tenure identified in the volume Negotiation and mediation techniques for natural resource

management published by the LSP in September 2005. 2

LAND TENURE MANUALS

TC/D/A0557E/1/06.06/1000

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Cover photos:Front: FAO/19228/P. LowreyBack: FAO/17590/G. Diana

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Adriana Herrera andMaria Guglielma da Passano

Land Tenure ServiceRural Development Division

in collaboration withLivelihoods Support Project International Land Coalition

FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONSROME, 2006

Land tenure alternative conflict

management

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The designations employed and the presentation of material in thisinformation product do not imply the expression of any opinionwhatsoever on the part of the Food and Agriculture Organization ofthe United Nations concerning the legal or development status of anycountry, territory, city or area or of its authorities, or concerning thedelimitation of its frontiers or boundaries.

All rights reserved. Reproduction and dissemination of material in this informationproduct for educational or other non-commercial purposes are authorized withoutany prior written permission from the copyright holders provided the source isfully acknowledged. Reproduction of material in this information product forresale or other commercial purposes is prohibited without written permission ofthe copyright holders. Applications for such permission should be addressed tothe Chief, Publishing Management Service, Information Division, FAO, Vialedelle Terme di Caracalla, 00100 Rome, Italy or by e-mail to copyright@fao.org

FAO 2006

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Contents

Introduction 1

Glossary 4

PART A: ANALYSIS

Introduction 15

Chapter 1. Context 171.1 Land and social capital 18Review 1.1: land and social capital 231.2 Political and institutional infrastructure 25Review 1.2: political and institutional infrastructure 311.3 Relevant legal aspects 32Review 1.3: relevant legal aspects 381.4 Economic framework 40Review 1.4: economic framework 44

Chapter 2. Stakeholders and power relations 452.1 Land and social capital 45Review 2.1: stakeholders 522.2 Power relations 54Review 2.2: power relations 57

Chapter 3. Final assignment: Conflict analysis and mapping 60

PART B: MANAGEMENT

Introduction 69

Chapter 4. Options for conflict resolution 714.1 Non-consensual/Formal resolution 73Review 4.1. Non-consensual/formal resolution 764.2 Consensual/Informal resolution 78Review 4.2. Consensual/informal resolution 884.3 Selecting the best alternative 89Review 4.3. Selecting the best alternative 92

Chapter 5. Mediation/A.C.M. 955.1 The mediation process 96Review 5.1. The mediation process 1045.2 The mediator and the mediation table 106Review 5.2. The mediator and the mediation table 110

Chapter 6. Managing a mediation - Practice 111

Bibliography 124

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Figures and graphics

FIGURES

Figure A.1 Parameters for conflict analysis 15

Figure A.2 Analysis 16

Figure 1.1 Context 17

Figure 1.2 Legacy and livelihoods 19

Figure 1.3 Environment: development, sustainability and land tenure 20

Figure 1.4 Use, access and security 27

Figure 1.5 Formal, customary and informal context 33

Figure 1.6 Property rights 35

Figure 2.1 Stakeholders and power relations 45

Figure 2.2 Stakeholder analysis, key issues 45

Figure 2.3 Conflict mapping 49

Figure 2.4 Power relations 54

Figure 2.5 Social behaviour 55

Figure B.1 Management 70

Figure 4.1 Option for conflict resolution 72

Figure 4.2 Community action 79

Figure 4.3 Negotiation 81

Figure 4.4 Conciliation 82

Figure 4.5 Facilitation 83

Figure 4.6 Mediation 85

Figure 5.1 Organization of the table 109

L A N D T E N U R E A L T E R N A T I V E C O N F L I C T M A N A G E M E N T

iv

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C O N T E N T Sv

GRAPHICS

Graphic 1 Forest reserve example 58

Graphic 2 General context map 65

Graphic 3 Specific dimension map 65

Graphic 4 Conflict identification map 66

Graphic 5 Stakeholders map 66

Graphic 6 Power relations map 67

Graphic 7 Diagnostic example 67

Graphic 8 Sample final map 122

Graphic 9 Sample summary 122

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FAO has a long interest in addressing the management of conflict to reduce uncertainty and improve well-being, particularly for the most vulnerable in society. This manual focuses on how to manage and resolveconflicts over land tenure rights, security of tenure and land access in the field of rural development. It resultsfrom complementary activities undertaken within FAOs Livelihood Support Programme (LSP) and LandTenure Service. It addresses the specific issues of land tenure identified in the volume Negotiation andMediation Techniques for Natural Resource Management published by the LSP on September 20051. Itis therefore presented as the second volume in that series, and is the first of a number of plannedcomplementary volumes in that series that will address specific areas where conflict is increasingly evident.

From the FAO Land Tenure Service (SDAA) perspective, the programme on the analysis of land tenureconflict management dates from 2001, and this volume is thus the second in the Land Tenure ServiceTechnical Manual series to be published.

Secure access and secure rights to land can be fundamental in the achievement of food security andsustainable rural development. This programme is aimed at producing information and training materialsas technical support for practitioners and policy-makers managing land tenure conflicts.

Over the past four years, the Program on Land Tenure Conflict Management has evolved into branchesdealing with conflicts that differ in scale, intensity, causes and effects. In particular, the information andtraining materials on this subject deal mainly with conflicts that are small in scale and where violenceis minimal or non-existent, such as conflicts that arise over:

inherited land tenure rights; boundaries between neighbouring families or communities; disagreements between pastoralists and farmers over access to land and water in a specific territory; disagreements between a community and a government agency over access to state land; overlapping customary and legal frameworks in the recognition of land rights.

The elaboration of the training and information materials dealing with land tenure conflict managementwas based on the results of a Needs Assessment Survey carried out in 2002. The survey involvedexperts from 42 countries working in the field of conflict management in government institutions,NGOs, research institutes, universities; individual consultants were also surveyed. The results of thesurvey suggested that around 36 percent of the respondents learned about conflict managementthrough experience, and 46 percent through both training and experience. All respondents felt theneed for additional training and information on conflict management to improve their work.

1. The Livelihood Support Programme is an FAO interdepartmental programme supported by the UKs department for International developmentfor improving support for enhancing the livelihoods of the rural poor.

Introduction

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Accordingly, three areas were identified by the survey respondents as fundamental to improving theirpractice in managing conflicts over land and other natural resources:

training in and knowledge of available methodologies and techniques for conflict management; training in legal frameworks and updated information on land tenure and land administration; documentation and information regarding case studies on the use of different conflict management

methodologies to deal with land tenure and natural resources conflicts, and the results of these methodologies.

Networking and sharing of information and experiences were also considered by the respondents asfundamental to improving their practices in conflict management.

On the basis of the survey results, the Program on Land Tenure Conflict Management has produced2:

a conceptual framework3; case studies4; issue papers on Legal Frameworks and the Evaluation of Conflict Resolution Methodologies; regional meetings in the South Pacific and Latin America; a training manual on land tenure conflict management (this manual).

With regard to the training manual, the present document is the result of SDAAs efforts to producesuch a guide.In the framework of the Livelihood Support Programme (LSP), this training material hasbeen elaborated to support the issue of land tenure included in the Negoziation and MediationTechniques for Natural Resource Management published by the LSP on September 2005.

The aim is to acquaint practiti