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A
special roundtable held recently in Dili to discuss land dispute
mediation attracted a capacity crowd of more than 70 senior stakeholders
from government, civil society, academia, and the private sector.
The roundtable was hosted by the Land Law Program of Associates
in Rural Development, Inc. (ARD) to discuss its new study of land
disputes around Timor-Leste and how they are resolved.
Four and a half centuries of colonial rule and conflict have
resulted in a complex web of land tenure claims in Timor-Leste.
ARD's new study, "A Legal Framework on Land Dispute Mediation,"
provides extensive data, detailed analysis, and a mediation mechanism
for land disputes based on field research in all 13 of Timor-Leste's
districts, more than a third of its subdistricts, and 10 percent
of its villages.
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With a clearer understanding of types of land disputes, where
they arise, and how they are resolved, the country's new government
can tackle the problem more effectively through policy and legislation.
Disputes over land can pose disincentives for domestic and foreign
investors, jeopardize economic growth, and reduce agricultural
production. Mechanisms that can facilitate quick resolutions of
such disputes help boost economic development and agricultural
productivity.
Among the participants at ARD's roundtable were the minister
and vice minister of justice, the vice minister of development
and environment, United States Ambassador Grover Joseph Rees,
representatives from the Directorate of Land and Property, the
Dili District administrator, senior police officers, village heads,
and representatives from the donor community and local and international
CSOs. They discussed the report's findings and made a wide range
of recommendations on how laws on mediating land disputes might
best be formulated.
"This roundtable discussion gave many people an opportunity
to comment on the land mediation report," said the Land Law
Program Chief of Party Edwin Urresta. Land Law Program experts
are compiling the views and recommendations expressed at the workshop
to add to their report, which the government can use to support
the drafting of its proposed legislation on land dispute mediation.
The mediation mechanism proposed in the report offers an alternative
to bringing land disputes to the overburdened court system. Government
officials have already requested more information on the mechanism
and are considering it for use in other situations, such as business
disputes.
USAID supports the Land Law Program through its partnership with
ARD. Working with the Ministry of Justice, ARD assists the government
in developing policies and legislation related to a wide range
of land matters. A study released by the Land Law Program last
August on leasing
of government and private property assisted in the
drafting of two new leasing laws currently under discussion by
the government.

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