Haiti: Investment plan for the growth of agriculture (2010-2015)

The ministry of agriculture of the government of Haiti publishes (in French) a lengthy document on its website titled, 'Investment plan for the growth of agriculture (2010-2015).'
Find it here: http://www.agriculture.gouv.ht/view/01/?Plan-National-d-investissement

Below is an example from that report, the table of contents of Part 12, 'Access to land and security of tenure. It is translated into English using an internet translator.

HAÏTI: PLAN D’INVESTISSEMENT POUR LA CROISSANCE DU SECTEUR AGRICOLE

ANNEXE 12: ACCÈS À LA TERRE ET SÉCURITÉ DE LA TENURE

http://www.agriculture.gouv.ht/view/01/IMG/pdf/annexe_11.pdf

TABLE DES MATIÈRES

A. CONTEXTE E JUSTIFICATION DE L’INTERVENTION ............................................ 1

Contexte ................................................................................................................................. 1

Justification ............................................................................................................................ 2

Proposition concernant l’élément de tenure et de sécurité foncière ................................. 3

Objectif ......................................................................................................................... 3

Approche et éléments .................................................................................................. 3

Deuxième étape. Réforme de la tenure foncière....................................................... 4

Synergies avec les autres initiatives des Nations Unies dans les domaines des
zones urbaines et des réinstallations, après le tremblement de terre, en Haïti ...... 7


Google automatic translation from French of http://www.agriculture.gouv.ht/view/01/IMG/pdf/annexe_11.pdf

May 2010

ANNEX 12: ACCESS TO LAND AND SECURITY OF TENURE

A. BACKGROUND AND RATIONALE FOR INTERVENTION

Context

1. According to United Nations estimates, the population of Haiti was about 9 million in 2005. The growth rate was 1, 69% for the period 2000 -2005 1.

2. Approximately 60% of the population still live in rural areas and 21% lived in Port-au-Prince January 12, 2010. It is estimated that after the earthquake that occurred in this date, about half a million people have left the city and migrated to rural areas, especially to Artibonite, Central and Grand Anse.

3. The area of Haiti rises to 27,750 km2, but only 29% are made up of arable land and 49% of them are cultivated according to the estimates IMF (2006). Agricultural land in Haiti are characterized by the extremely small size of plots. About 80% thereof have a size of between 1 to 1.8 Ha. It is very likely the pressure on agricultural land will increase with migration to urban centers campaigns, due to the recent earthquake.

4. In addition to the small size of plots and the pressure on agricultural land tenure land in Haiti is characterized by the lack of formalization of tenure as that of land transactions. Although the Civil Code stipulates that the registration of transactions land and land titles should be performed in most cases or transactions on land acquisition or ownership changes following inheritance are respected. A third of Haiti's rural plots are not recorded and only 19% received land acquisition as proof of ownership. Approximately 75% of the land contracts countries follow the traditional norms and agreements.

5. In this context of informal tenure, most farmers in Haiti are owners of their plots of land. They usually have their plots either inheritance or by purchase. Because the rules of succession of the extended family on tenure rural areas, the fragmentation of family land further complicates the already difficult to plot size. In addition, the complexity of the inheritance rules for tenure in extended families ready to conflicts between family members as access to land and the tenure.

6. The land rental and sharecropping are two ways for Haitian farmers to provide additional land. This can be taken into the state rental, owners absent or local owners and parents of the latter. Contracts for the renting are often informal, short-term and highly inequitable between the parties. Sharecropping is another way for Haitian farmers to provide access to land. Agreements with sharecropping, the farmer must sell 50% of his harvest to the owner. Seasonal contracts sharecropping land for rice were the number of 30,000 in 2007.

7. Insecurity of tenure is a constraint on investment agricultural and believes that this is particularly true with regard to the development of land irrigated watersheds.

8. The National Institute of Agrarian Reform (INARA) is the attendant issues of land tenure in the country. However, the Institute has not been able to now fulfill its role with regard to the land and the needs of the country in access to land because of the difficulties of coordination between the various institutions governmental organizations concerned with land issues in the country, technical difficulties for the adaptation of existing cadastral systems of land tenure in Haiti and the lack of financial and human resources,.

Justification

9. The Ministry of Agriculture, Natural Resources and Rural Development (MARNDR) published in September 2009 his paper Agricultural Development Policy From 2010 to 2020. Regarding tenure, it is indicated that the main points that INARA will have to deal in the short and medium term are:

- "Establishment of mechanisms for consultation and arbitration proceedings where the situation is potentially conflicting land; - Finding ways to reduce the cost of access to a title formal property (surveying, notary fees) for smallholders with plots of undivided; - The development of legal provisions to curb fragmentation plots, reaching the minimum agricultural area (economically profitable and environmentally sustainable) and fix the term of the lease land taken (about 10-15 years); - The distribution of private land in the state and other areas made available to those who actually work; - The application of legal provisions relating to the control of urbanization land with high agricultural potential; - Review of the Civil Code concerning the inheritance of agricultural land and - The provision of resources (human and material) for consistent INARA the ONACA, town halls and various other partners to effectively play their role " 2.

10. Following the earthquake in January 2010, the Haitian government is willing benefit from the support of donors and UN agencies for the implementation of Agricultural Development Policy 2010-2025.

Proposal for the element tenure and tenure security

Objective

11. The proposal for tenure and tenure security has two goals: one hand, to reach the security of land tenure in rural areas through a process fair, transparent and legal recognition and regulation of land use and property rights that is easily accessible to poor farmers and, secondly, to promote access to land through land agreements culturally acceptable, which stimulate the agricultural development and investment for the well-being of rural communities.

Approach and elements

12. To face major obstacles in fact tenure areas rural Haiti, it is necessary now to consider a comprehensive approach that addresses the objectives in the short and medium term agricultural development policy adopted by the Government for the period 2010-2025, through which it is particularly important that the approach land tenure comes especially in areas with high agricultural potential, such the irrigated plains, hills and wetlands. It is also necessary that the medium term, the proposed approach will solve the main problems of tenure land currently facing Haiti at the national level.

13. This is why the proposed approach consists of two phases: a strategy for short term response to insecurity of tenure and the difficulties inherent in the small size of plots in irrigated areas and in those receiving agricultural investments; then a medium term with a rural tenure reform, including policy tenure, the revision of the legal framework, a cadastre and registration of securities are systematic, as well as strengthening the institutional functioning of tenure land.

First step. Security of tenure and enhancing the status of land irrigated and those benefiting from agricultural investments

14. As already mentioned, the objective of this phase is to obtain quickly security of tenure in irrigated areas and those who have benefited from investments agricultural strategy chosen for the implementation of rural development policy

From 2010 to 2025. In these areas, we ensure to provide solutions to the problems caused by the small size of plots where these problems threaten the productivity of agricultural land.

15. In particular, the strategy of tenure during this first step is to develop pilot projects in the areas of irrigation and funding. These experiments will be based on methodologies and technologies for rural Haiti and will form the basis on which to land reform envisaged the second step.

16. Irrigated land as in those receiving agricultural investment security issues of land tenure and those of possible solutions to the smallness of cultivation plots include:

Security of tenure

17. This component will include the following activities: physical verification and geographical boundaries of property, analysis of the situation and the types of land rights rural land (use, property, other) the establishment of mechanisms for conflict resolution where they exist, and the regularization of land titles or the allocation of new shares and the implementation up a modest cost for the registration, and the support given to farmers as the owner, with a stipulation of contracts of land that are fair and fair.

Opportunities to increase the area of small plots

18. This element refers to the effort to find ways to increase very small areas of the parcels where agricultural investments will be made. It includes an updated inventory of state lands, an analysis of land resources (Of State, private, etc.). Within the areas selected for investment or irrigation, the transfer of these lands to farmers direct, technical assistance to owners, users and government for the selection of the most appropriate methods for increasing the size of plots, where there is available land, and the lease stipulation land on a long-term (10-15 years) 3 or other forms of tenure such as agreements spouses or licenses, consolidation initiatives, the use of farmland State uncultivated and forms of association between owners and users.

19. This requires the development of legal mechanisms and contracts that guarantee equity and justice between the parties, transparency, simplicity, moderate transaction costs, warranty and durability. This includes finally developing investment plans for agricultural lands that ensure the sustainability of their use throughout the contract period.

Second stage. Reform of land tenure

20. Taking into account the methodologies and technologies used in the first step and following the guidelines of the Agricultural Development Policy 2010-2025 and those of the national legislative framework and institutional tenure, the objective of this second phase of the proposed strategy is to carry out a reform of the rural land tenure through land policy formulation, revision of the legislative framework currently in force, the establishment of mechanisms for resolving land disputes, the creation of a cadastre integrated with modest costs for titling and registration as well as institutional strengthening of tenure including administrative land. This includes:

The formulation and adoption by the people of a land policy

21. Land policy will affect the following areas: recognition of the rights land, security of tenure, access to land and the distribution of Land 4., rights land and land use devolution to urban areas agricultural land rental and other agreements relating to tenure, land administration and related institutions to tenure.

Revision of the current legislative framework

22. Consistent with the strategic framework, the legal system of land tenure will handle issues related to the recognition of leases, including the revision of standards rights to agricultural land received by inheritance recognized by civil law.

23. The review will also cover current standards for the rent of the land tenure arrangements and collateral to establish the legal mechanisms provide fair and equitable agreements between parties and provide a sufficient size to plots to ensure profitability. This review will consider the experience of these issues during the first step.

24. Revision of legal provisions include, on the basis of experience and conflict analysis of tenure in the country and on the basis of the methodology experienced during the first stage, the standards for mechanisms resolution of land disputes.

25. Revising the legislative framework will consider all land policy issues related to security of tenure, access to land and its distribution, land administration and Attendants to the institutions of land tenure.

Mechanisms of conflict resolution of land tenure

26. During this second stage and taking into account the methodologies used used during the first phase of the strategy and the revision of the legislative framework, mechanisms for resolving land disputes will be applied.

27. These mechanisms include a wide range of options, from procedures dispute resolution procedures without mutual agreement to the options based on formal or informal approval. They include a training component to conflict management and be designed to achieve implementation of these institutions to resolution mechanisms are available in rural areas.

Development of a comprehensive system of credentialing cadastral cost moderate and Titles

28. In line with the experience gained during the first stage and joint efforts that the government consent in urban areas as a result of earthquake, the second stage will be devoted to the establishment of a comprehensive system of cadastral titling and registration of titles for both urbanized areas that rurales 1.

29. This segment of the strategy will not be limited to appropriate technology but aim also put in place the institutions and provide training for the team.

Strengthening institutions of land and land administration

30. Following land policy that has been adopted and within the framework legislative objectives and functions of the institutions of the country land will be restructured and appropriate, including with respect to the human and material resources to meet their new mission for the distribution of land, security of tenure and  administration of the earth.

Methodology.

31. A lack of data and difficulties in the political scenario of the country concerning the adoption and reform measures governing land tenure, FAO considers fundamental to initiate activities on the component: access to land and security of tenure land, through the assessment of the situation of land tenure in the country. This should be started before the activities specifically related to the first two steps in the proposed

Component: access to land and security of tenure.

32. To this end, FAO proposes to launch a series of surveys and analyzes provide an overview of the current situation of land tenure, from which a project for the launch of steps 1 and 2 may be proposed. This project will be discussed by the government and will submitted to donor funding. The development of the survey and analysis will involve: - Updating the investigation of land tenure; - Analysis of the situation of land tenure, their legislative frameworks and associated as mechanisms for conflict resolution; - Analysis of the cadastral system and land registration system which current lead to the proposal of a system of land registration and cadastral integrated, accessible and low cost;

- Analysis of the institutional framework for land tenure.

33. The proposed budget includes the following costs related to the analysis of the initial situation.

1 In conjunction with work with UN-HABITAT

INDICATIVE BUDGET PROPOSAL

Proposed Budget: Component Access to and Security of Land Tenure

Description Costs USD $
1. Survey on land tenure situation in Haiti 145.200

International land tenure consultant (3 months) 54.000 National land tenure consultant (12 months) 42.000 National statistician (3 months) 10,500 Sample design (1 month) 3.500 Survey questionnaire 10.200 20 applicants Field survey transportation and hotels falling on 5.000 Data processing and analysis 20.000

2. Legal frameworks and conflict resolution and analysis

Proposals 71.500 International consultant on land tenure legal frameworks (3 months) 54.000 National consultant on legal frameworks (3 months) 10,500 National consultant on conflict resolution (2 months) 7.000

3. Cadastre and registration systems analysis and proposal for an integrated low cost access system 64.500

International consultant on cadaster and Registration systems (3 months) 54.000 National consultant on cadaster and Registration systems 10.500

4. Analysis of institutional framework on land tenure 43.000

Consultant on international institutions (2 months) 36,000 Consultant on national institutions (2 months) 7,000

5. Technical assistance 57.000

Land tenure officer (12 weeks) 57.000

6. Travel 21.000

5.000 national, 16.000 International

7. Activities to implement 500,000

8. Miscellaneous 5.000

Total Budget 907.200

Synergies with other United Nations initiatives in the areas of urban and resettlement after the earthquake in Haiti 34. UN-HABITAT has worked with the Haitian government in the field of land in urban areas, as well as in that of the provisional after shake earth January 12, 2010. The proposal has to be joint land component ONE-HABITAT efforts already undertaken in the urban areas of Haiti.

Notes:
1 United Nations, Population Division. World Population Projections: 2008 revision. Haiti.
2. MARNDR. Agricultural Development Policy 2010-2025. September 2009. Haiti (pp 15).
3. As stated in the policy document 2010-2025 Agricultural Development of the Haitian government.
4. As provided for in the Policy document for Agricultural Development 2010-2025: "The distribution of private land by the State and other areas made available to those who actually work "(pp. 15).