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  Report Findings Help the Government Tackle Land Dispute Legislation (May 5, 2004)
 
 

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.

 
 

Silverio Pinto Batista, deputy director of the Timor-Leste rights group Fundasaun HAK, offers his group's views on a new report on land dispute mediation.
Photo courtesy of ARD Land Law Program

 


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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