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COMMENTARIES:
Mr. Yaives Ferland . . . . . . . . . . . . . . . . . . . . . . vii
Lt Col Henie Janse van Rensburg . . . . . . . . . . . . . . . . ix
Dr. John Peaty . . . . . . . . . . . . . . . . . . . . . . . . xi
CHAPTER 1: Introduction . . . . . . . . . . . . . . . . . . . 1
vi |
COMMENTARY
Mr. Yaïves Ferland
Defense Research and Development
Canada at Valcartier (DRDC-Valcartier)
viii |
COMMENTARY
Lt Col Hennie Janse van Rensburg
South African Military Academy
Batson has produced an easily readable book with a clear theme: effective
land administration is pivotal to sustainable Reconstruction and Stability (R&S)
in post-conflict societies. A link is established between land and its potential
for conflict, as well as how an appropriate land administration system can assist
in managing and preventing such conflict. Without a functioning, practical,
culturally sensitive and locally calibrated land administration system, sustain-
able R&S will be exceedingly difficult, if not impossible, to achieve. He proposes
focusing R&S efforts on creating a current cadastre of the post-conflict area
using a combination of top-down planning and community participation. The
reasoning behind this is that such a cadastre:
a. Is required for an effective land administration system and
provides a platform on which nation-building can take
place;
| xiii
xiv |
xvi |
CHAPTER 1:
Introduction
Seldom does an alert of potentially cataclysmic humanitarian cri-
ses occur in open-source press releases. An exception occurred in early
2007, in a little-reported story whose headline ran: “All Afghan Refugees to
be Repatriated from Pakistan by 2009.”1 The announcement, made by the
Pakistani government, foreshadows events that will no doubt parallel those
already underway in Iran, where 100,000 unregistered Afghan migrants were
deported in a six-week period.2 Yet, neither Iran’s stepped-up deportations
of its one million illegal Afghan migrants nor the announced Pakistani strat-
egy for sending back its remaining 2.4 million Afghan refugees by the end of
2009 has been met with alarm.
Alarm is the appropriate response to this impending scenario, since
every mass deportation of similar size in the last century—Armenians
from Ottoman Turkey during World War I and Chechens to Central Asia
under Stalin—has been a recipe for further conflict even generations later.
An astute regional analyst would have anticipated Pakistan’s preparations to
deport its Afghan refugees. First, a four-month, by-name registration cam-
paign of Afghan refugees living in Pakistan, completed in February 2007,
identified 88 percent of the refugee population.3 Second, several decades-old
Afghan refugee camps in Pakistan were closed in 2007.4 Third, the Pakistani
government has reiterated that after 15 April 2007, Afghans with no Proof of
Registration Cards will be subject to the laws of the land—deportation.5
The international community regards forced repatriation as a violation of
international law. But Pakistan is not a signatory to the 1951 Convention Relat-
ing to the Status of Refugees and subsequent protocols. Even if it were, the Paki-
stani government might have ignored this commitment and pursued its current
1 Syed Irfan Raza, “All Afghans to Be Repatriated by ‘09,” DAWN Group of Newspapers, online |1
edition, 16 February 2007.
2 “Afghans Protest Eviction of Refugees by Iran,” Hong Kong AFP in English — Hong Kong
service of the independent French press agency Agence France-Press (AFP)e, online edition, no.
JPP20070501969040 Hong Kong AFP in English 0952 GMT, 1 May 2007.
3 “Second Generation Afghan Refugees Prefer Living in Pakistan,” Lahore Daily Times, online
English edition, no. SAP2007030527002, 5 March 2007. Cited hereafter as “Second Genera-
tion Afghan Refugees.”
4 “Over 200,000 Afghan Refugees Said to Leave Pakistan after Deadline Expiry,” Associated
Press of Pakistan (APP), online edition, no. 20070424950088 Islamabad APP in English, 24
April 2007. Cited hereafter as “Over 200,000 Afghan Refugees.”
5 “Over 200,000 Afghan Refugees.”
Figure 5. Internally Displaced Refugees Arrive at Destination. Source:
Photo courtesy of Luke Powell, http://www.lukepowell.com.
policy, to forcibly deport the estimated 1.5 million Pakistan-born refugees who
will not return voluntarily to an Afghanistan they have never known.6 Since
2002, three million Afghans have repatriated from Pakistan to an Afghanistan
ill-suited to absorb them.7 Another 2.4 million refugees pushed onto its borders
would likely trigger a large-scale humanitarian crisis; the reversal of many hard-
won gains from Afghanistan’s six-year, United States (U.S.)-led reconstruction;
and renewed conflicts over land, housing, and other land-related rights, con-
flicts that the Taliban and anti-coalition militias would immediately exploit.
Cadastres have registered the human terrain for centuries. Ting and
Williamson chronicled the historical relationship between land and people
and the evolutionary steps in cadastral and land registration systems, which
fall into four major phases:9
• From the age of agriculture to feudalism, human beings were physically
tied to land. Land was the primary symbol and source of wealth. In this
phase, the cadastre publicly recorded ownership for fiscal purposes.
• During the industrial revolution, strong physical ties to land began to
dissolve and land became a conceptual, tradable commodity and the
primary source of capital. This environment gave birth to land markets,
and so cadastre took on another focus—a tool in land transfers.
• Post-World War II reconstruction and an increasingly mobile,
growing population began to see land as a scarce resource that may
not be sufficient for the world’s needs. With this came growing interest
in urban and regional planning, an important new application for
cadastres.
4|
• In the 1980s the earlier focus on land widened to include issues of
environmental degradation, sustainable development, and social equity.
All of these issues have tempered short-term economic imperatives.
Planning has broadened to address community interests and detailed
9 Lisa Ting and Ian P. Williamson, “Cadastral Trends: A Synthesis,” The Australian Surveyor
4, no. 1 (1999): 46-54, URL: <http://www.sli.unimelb.edu.au/research/publications/IPW/
CadastralTrendsSynthesis.html>, accessed 25 September 2007.
land use. This growing need for more detailed information about land
and land use has fueled a market for multi-purpose cadastres.
Satellite imagery has for decades been the primary way the U.S. gov-
ernment (USG) has answered the “where” and “what” questions, that is, how
it has tracked conventional adversaries and identified their numbers and
strength, for example, when it monitored Warsaw Pact T-72 tank regiments
during the Cold War. Today’s adversaries are not conventional armies but
nameless, tenacious, and adaptive individuals who trump superior U.S. mili-
tary power “by refusing to mass together and by submerging themselves in
urban seas.”10
To date the USG has invested little in collecting or creating land-
related information that can answer the ‘who’ question, for example, who
is behind poppy cultivation, ethnic cleansing, or attacks on United Nations
(UN) peacekeepers. Open source and human intelligence collection has not
deliberately sought to associate a personal name with a property. Narcotics
traffickers, warlords, and insurgents finance their destabilizing and violent
activities with wealth, wealth that often is tied to land property. Thus, analy-
ses made with layers of cadastral data would likely increase the ability of
USG policymakers to deal proactively with non-conventional foes and with
world crises. An intervening military force, emergency humanitarian aid,
and long-term nation-building all require an understanding of whose land
interests have been affected by natural disasters or warring factions.
In its booklet, Land and Conflict: a Toolkit for Intervention, the U.S.
Agency for International Development (USAID) aptly notes the complex
relationship between land and conflict and also the crucial role of land admin-
istration in post-conflict and post-disaster reconstruction and stability.
People have fought over land since the beginning of recorded
history. Population growth and environmental stresses have
exacerbated the perception of land as a dwindling resource,
tightening the connection between land and violent conflict.
Land is often a significant factor in widespread violence and is
also a critical element in peace-building and economic recon-
struction in post-conflict situations.11 |5
10 Ralph Peters, “Out-Thought by the Enemy,” New York Post, 1 June 2007, URL: <http://
www.nypost.com/seven/06012007/postopinion/opedcolumnists/out_thought_by_the_
enemy_opedcolumnists_ralph_peters.htm>, accessed 24 September 2007.
11 USAID Office of Conflict Management and Mitigation, “Land and Conflict: A Toolkit for
Intervention” (Washington, DC: USAID, 2005), URL: <http://www.usaid.gov/our_work/cross-
cutting_programs/conflict/ publications/docs/CMM_Land_and_Conflict_Toolkit_April_2005.
pdf>, accessed 24 September 2007.
The timely USAID Toolkit moves beyond a mere diagnosis of prob-
lems. It provides USG officials responding to high-profile international cri-
ses a framework to assess land-related conflict, factors to consider when
developing interventions, and suggestions on how to monitor and evaluate
those interventions. The Toolkit was soon followed in 2005 by the signing
of National Security Presidential Directive 44 (NSPD-44), Management of
Interagency Efforts Concerning Reconstruction and Stability. In concert with
current efforts to implement NSPD-44, this book outlines the relevance of
cadastral data to determine, and to achieve, desired political outcomes for
post-conflict and post-disaster areas.
The book consists of eight chapters. Chapter 2 considers the relation-
ship of land to conflict. Chapter 3 identifies the risks to stability posed by
rapid urbanization and unresolved refugee plights, drawing from the refu-
gee situation six years into Afghanistan’s reconstruction. Chapter 4 makes
the case that collection and analysis of cadastral data are crucial to pre-
dicting threats to regional stability, world peace, and national sovereignty
expected of strategic intelligence. Chapter 5 examines the security of land
tenure in the developing world and the role of cadastres in reconstruct-
ing post-conflict countries, most notably in Afghanistan. Chapter 6 pres-
ents the Land Administration Domain Model (LADM), a likely first step to
an internationally recognized standard for a cadastre. The author’s March
2007 research trip to Afghanistan convinced him that the LADM’s flexibility
for capturing both Western-style, registered land rights and the customary,
informal land rights and interests typical of the developing world makes it
worthy of adoption as, or to serve as a model for, a cadastral data reposi-
tory. Chapter 7 identifies training in land administration as the foundation
for a coordinated whole-of-government effort to address land-related cri-
ses. Chapter 8 recommends how and why cadastral and land administration
expertise should be incorporated into USG R&S capabilities for a new direc-
tion in U.S. foreign policy.
6|
CHAPTER 2:
Land and Conflict
Land conflicts appear at all geographical scales and take multiple
forms. The March, a futuristic novel about mass migration turned into a 1990
British film, explores racial and political tensions that emerge when climate
change forces millions of Africans to march en masse to the coasts of Europe.
It was not for economic gain or for political asylum, but for sheer survival. In
the story, a perplexed European Union Commissioner, trusted to negotiate
with the march’s organizer, Isa El-Mahdi, is dumbfounded when the African
declares the marchers’ intentions to major media outlets: “We believe that
when we stand before you, you will not let us die. If you don’t help us, then
we will all die. You will be forced to watch how all of us die and may God be
merciful to us all.”12
In the years since the making of the film, misery on the African con-
tinent has descended to a point so abysmal as to make the novel’s author,
William Nicholson, wonder if he had penned fiction or not. In 1990, the
United Nations Development Program (UNDP) originated the Human
Development Report, also known as the Misery Index, to measure a nation’s
growth not by economic figures, but by statistical profiles of its people and
what they can expect from life. In the 2000 UNDP Human Development
Report, 30 of the 35 countries at the bottom of the index were sub-Saharan
African nations.13 Among the factors the index examines are the availabil-
ity of schools, clean water, and medical care, and whether all citizens can
play a role in politics, governance, and justice. Although these factors are
related to human well-being, one major agent of social stability especially
prominent in The March tends to be overlooked: the paramount relation-
ship between land and people. The social-legal-economic-cultural structure
of this relationship, in its variety of expressions, must be questioned, inves-
tigated, and understood.
|7
12 The March, starring Malick Bowens and Juliet Stevenson, directed by David Wheatley,
British Broadcasting Company, 1990, based on a novel by William Nicholson.
13 Barbara Crossette, “Misery Index of U.N. Panel Finds Africa Is Worst Off,” New York
Times, 5 July 2000, URL: <http://www.nytimes.com/library/world/global/070500un-africa.
html>, accessed 13 June 2007.
Land is Fundamental to Human Existence
Land is the place of all shelter, in the city, the town, the vil-
lage, and the home. It is the source of food, of materials
for construction and manufacture, of coal, gas and oil, of
springs and rivers and other essentials for life. Indestructible,
immovable, it is the foundation of all human activity. Houses
and factories, forests and farms, river roads and railways,
mines, quarries, and reservoirs are all fashioned from the
land. It offers endless opportunities for development and
discovery. It is the source of all wealth.14
In this speech, delivered on the eve of WWI, Sir Charles Fortescue
Brickdale, Chief Land Registrar of Great Britain, lauded the bountiful fruits
of the land secured by a century of peace in Europe. Due in no small measure
to the growth of good governance during the 19th Century, when citizens
were granted security of land tenure, Western Europe and North America
advanced from agricultural to industrial societies. The Industrial Revolu-
tion saw not only a preponderance of factories, but also the ascendancy of
classical liberalism. Noted for its defense of free economic markets and free
political thought, classical liberalism also advanced private property rights.
The principal advances in liberal land reform in the United States occurred
with the Homestead Act (1862) and in Canada with the Dominion Lands Act
(1872), both of which granted free frontier land to settlers. Those who built
on the property and lived there at least five years were promised eventual
freehold titles. Hundreds of thousands of emigrants from Europe, who never
could have dreamed of becoming landowners in the “Old Country,” took
advantage of the Acts’ provisions and laid the foundation for the economic
vitality of North America’s heartland. The good governance responsible for
the prosperity that justified Brickdale’s laudatory description of the land
resulted from secure land tenure made possible by a century of burgeon-
ing legal frameworks, democratization, industrialization, and commerce in
Western nations.
Most developing countries never experienced an industrial revolu-
8|
tion, one of the key ingredients to the progress Brickdale hailed. Instead, the
developing world was rushed, in the 1980s and 1990s, into a neo-liberal eco-
nomic market by globalization, that is, by the rapid convergence of business
practices skewed toward the patterns long established in developed coun-
14 Cited in United Nations Economic Commission for Europe (UNECE), Working Party on
Land Administration, Social and Economic Benefits of Good Land Administration,” 2d ed., January
2005 (London: HM Land Registry on behalf of UNECE WPLA), 5.
Figure 7. The Sahel. Source: LTC Francis A. Galgano, A Geographical Analysis of
Un-governed Spaces.
tries. Throughout the developing world, people face grave uncertainties over,
and threats to, their land: legal ambiguity, corruption, poor governance, lack
of enforcement, competing claims, armed landgrabbers, and even govern-
ments bent on arbitrary eviction or expropriation of private property and
land. Such threats to property rights, says Timothy Frye, can explain why
underdeveloped countries remain underdeveloped, even following massive
infusions of foreign aid: landless people “have little incentive to engage in
productive economic behavior.”15 It has become clear in recent years that
secure property rights anchor economic development. Noted economist
Hernando de Soto claims that rule of law defines the relationship between
land and people and that formalized property rights bring social order. Once
land rights are accessible and formalized, properties can be easily conveyed,
exchanged or inherited using protected, affordable, legal means. Property
owners, and their countries, then prosper.
“The relationship of people to land is fundamental to human
existence.”16 So begins a 2005 United Nations Economic Commission for |9
Europe (UNECE) Working Party on Land Administration publication,
15 Timothy Frye, “Credible Commitment and Property Rights: Evidence from Russia,” Amer-
ican Political Science Review 98, no. 3 (August 2004): 454.
16 United Nations Economic Commission for Europe, Working Party on Land Administra-
tion, Social and Economic Benefits of Good Land Administration,” 2d ed., January 2005 (London:
HM Land Registry on behalf of UNECE WPLA), 4. Cited hereafter as UNECE WPLA, Good Land
Administration.
which also succinctly lists 13 benefits of an effective land registration system.
Such a system can17
• Guarantee ownership and security of tenure
• Be the basis for land and property taxation
• Provide security of credit
• Guarantee the result of judicial procedures relating to land rights,
including rights of repossession of land
• Reduce land disputes
• Develop and monitor land and mortgage markets
• Protect state lands
• Facilitate land reform
• Promote improvement of land and buildings
• Facilitate reliable land use records
• Improve urban planning and infrastructure development
• Support environment management
• Produce statistical data as a base for social and economic
development
From this UNECE list, it is clear that good land administration bene-
fits all: state and local governments, the business community, and individual
and family property owners.
12 |
22 Centre for Housing Rights and Evictions COHRE, “Global Survey on Forced Evictions,”
2007, URL: <http://www.cohre.org/view_page.php?page_id=10>, accessed 10 May 2007.
Sadly, a great number of these evictees, for whom informal, tribal,
or customary property rights have for centuries secured the tenure of their
homes and fields, cannot challenge the results of forced evictions when no
formal, documented property records exist or these are not maintained.
Once uprooted, they migrate from rural areas to cities or from city to city.
During the 1990s, the world’s urban population grew by 36 percent.
At the turn of the last millennium, 924 million people lived in slums, an
estimated 1.4 billion will do so by 2020, and 3 billion by 2050.23 The rapid
urbanization of the world brings mounting disaffection to the slum neigh-
borhoods.24 “The increasing polarization of cities caused by neo-liberal
globalization is providing many conditions that are ripe for extremes of
civil and military violence.”25
Anthropologist Arjun Appadurai foresees the coming urban anarchy
of increased rural-to-urban migration, calling it an “implosive force that
folds into neighborhoods the most violent and problematic repercussions
of wider regional, national and global processes. Furthermore, displaced
persons have migrated to numerous city-scale refugee camps for 50 mil-
lion people worldwide, creating a new phase in the life of cities, where the
concentration of ethnic populations, the availability of heavy weaponry, and
the crowded conditions of civic life create futurist forms of warfare...and
where a general desolation of the national and global landscape has trans-
posed many bizarre racial, religious, and linguistic enmities into scenarios
of unrelieved urban terror.”26
If only time would stand still, perhaps the global community could
focus on one geographic region at risk or a single development issue and
bring about the desired results. However, since the end of the Cold War,
the accelerated dynamics of high birth rates in the developing world, rural-
to-urban migrations, and globalization impede such efforts. For example,
to recognize the dire circumstances of the world’s urban poor in the year
14 | 2000, the UN made a Declaration on Cities and other Human Settlements
in the New Millennium. Among the UN Millennium Development Goals
is Target 11 Goal 7: “by 2020 to have achieved significant improvement
in the lives of at least 100 million slum dwellers.” Trends in population
patterns suggest this worthy goal, even if it were attainable, would be neg-
27 Angelina Jolie, “Solving the Global Refugees Crisis,” Refugees, October 2006, URL:
<http://www.unhcr.org/publ/PUBL/4523cb392.pdf>, accessed 14 November 2006.
ligible: another UN organization estimates that the global slum-dwelling
population will increase from 924 million in 2001, to 1.4 billion by 2020,
and to 3 billion by 2050.28
The plight of the world’s dispossessed have recently gained the atten-
tion of the international community. Months after the 2004 tsunami in
Southeast Asia, the UN Sub-Commission on Human Rights approved a
new set of “Principles on Housing and Property Restitution for Refugees
and Displaced Persons,” also known as the Pinheiro Principles. “The aim
of the principles is to provide international standards governing one of the
most basic entitlements for the survivors of a humanitarian disaster: the
restitution of property.”29 Paulo Sergio Pinheiro, a UN special Rapporteur
on Housing and Property Restitution, for whom the principles are named,
offers his insight:
The best solutions to the plight of millions of refugees and
displaced persons around the world is to ensure that they
attain the right of return freely to their countries and to
have restored to them housing and property of which they
were deprived during the course of displacement, or to be
compensated for any property that cannot be restored to
them. It is the most desired, sustainable dignified solution
to displacement.30
The DNI’s and the UN’s concerns about regional instability are echoed
by the International Federation of Surveyors (FIG, for Fédération Interna-
tionale des Géomètres). This non-government organization (NGO), always
close to the situation on the ground, engages in land dispute resolution, in
anticorruption, in transparency measures regarding land resources, and in
land access for the poor. FIG-affiliated land surveyors and land adminis-
trators, chiefly from European countries, have an impressive track record
of partnering with development organizations, private sector, civil society
organizations, and education/research institutes to bring about sustainable
development. Willi Zimmermann, an international land policy advisor with
25 years’ experience with the German foreign aid organization Gesellschaft
für Technische Zusammenarbeit (GTZ), explained at the 2006 International
Federation of Surveyors (FIG) Congress: | 15
16 |
32 Jack Kemp, “Don’t Forget Afghanistan,” Foundation for Defense of Democracies (FDD),
Copley News Service, 4 March 2003, URL: <http://www.defenddemocracy.org/in_the_media/
in_the_media_show.htm?doc_id=160048>, accessed 11 February 2007.
development agenda for Afghanistan. Not only is Afghanistan’s successful
reconstruction essential for the U.S.-led Global War on Terror, but the via-
bility and credibility of the U.S. with its multilateral, international partners,
most notably the UN and North Atlantic Treaty Organization (NATO), are at
stake. The lessons learned from inadequate solutions applied to the Afghan
situation should alert U.S. policy makers to retool U.S. government (USG)
policy and capabilities to deal effectively with the future social and economic
upheavals that will fall on populations far greater than Afghanistan’s esti-
mated 32 million.33
18 |
Figure 10. Afghan Walled Compounds. Source: Dr. Gregory Maassen, EMG.
33 Central Intelligence Agency, “The World Factbook” (Langley, VA: Central Intelligence
Agency (CIA), 2007), URL: <https://www.cia.gov/library/publications/the-world-factbook/
geos/af.html>, accessed 2 July 2007.
cels and buildings. “This is our ancestral land; our forefathers lived here,” said
Haji Abdul Jabar, who is building a large compound that will house his family
and those of his seven brothers. But, the provincial authorities say the villagers
have seized the land illegally. “When these families broke the law and grabbed
land, now everyone wants to grab land,” complained Imamuddin Hasan, the
chief Government of Afghanistan (GoA) refugee and repatriation official for
Baghlan Province.
The return of Afghan refugees over the last four years, and their ability
to adapt and to survive, has been one of the real successes of the international
intervention and of President Hamid Karzai’s government. Since the fall of
| 19
34 Carlotta Gall, “Afghans, Returning Home, Set Off a Building Boom,” The New York Times,
30 October 2006.
35 Conor Foley, “Afghanistan: The Search for Peace,” Minority Rights Group International,
November 2003, URL: <http://www.minorityrights.org/download.php?id=45>, accessed 23
April 2007. Cited hereafter as Conor Foley, “Afghanistan: The Search for Peace.”
36 Conor Foley, “Afghanistan: The Search for Peace.”
proportion of the rural population is landless, unproductive, unsheltered,
and dependent.
Returning refugees and IDPs often find themselves entangled
in property disputes, are unable to reclaim their property or
simply fall victim to extortion rackets run by local [militia]
commanders. In the ethnically divided northern provinces
in particular, where Kabul’s authority holds little sway over
powerful regional warlords, this is one of the most significant
factors hindering return. No clear regime for managing land
rights exists. The unorganized land registration system, the
large number of missing title deeds, and the fact that disputed
land has often been sold many times over, makes it very dif-
ficult to determine who owns what.37
Prior to the 2007 forced repatriations of Afghan refugees living in
Iran and in Pakistan, Institute of Peace and Conflict Studies research offi-
cer Srinjoy Bose presaged that a flow of refugees back from Iran and Paki-
stan into Afghanistan was likely to exacerbate social and economic problems
within Afghanistan. Moreover, refugees without a home or means to support
themselves could join the Taliban either out of resentment or merely to sur-
vive.38 Habibollah Qaderi, of the Afghan Ministry for Refugees and Repatria-
tion, emphasizes that to be sustainable, refugee returns must be voluntary,
informed, gradual, and linked to secure access to shelter, water, jobs, health
facilities, and education. The short-term humanitarian assistance to return-
ees has been commendable. At a time when many NGOs in Afghanistan are
tired and face dwindling donor support, long-term development programs
remain pressing needs. “Good governance, respect for human rights, and the
rule of law are not ‘optional extras’ when it comes to rebuilding a country,
but an intrinsic part of the process of reconstruction.”39 The specter of three
million additional Afghan refugees under pressure from Pakistan and Iran to
go home bodes ill for this volatile region.
seemingly bring only the clothes on their backs, but each also brings socio-
cultural, political, and economic “baggage” to the city. “What first was invis-
ible, when mixed into the urban cauldron of competing and antagonistic
ethnicities, economies, and powers, can suddenly become incendiary in a
venue laden with human tender. Indeed, urban areas are now the lightning
conductors for the world’s political violence.”40
Throughout the developing world, the tremendous growth of cities,
such as Lagos and Mexico City, has induced multifarious social, political,
and economic troubles. Since late 2001, when the repressive Taliban regime
was ousted from Afghanistan, Kabul’s population has increased by 230 per-
cent in five years, from 1.5 million to approximately 5 million, becoming one
of the world’s fastest growing cities.41 Kabul’s rapid urbanization, much of it
informal and haphazard, has many causes: a severe drought, unemployment,
fighting and insecurity, rural land disputes, and land-grabbing by the pow-
22 | erful. Returning refugee youth unfamiliar with agriculture but very famil-
iar with urban life (most refugee camps have electricity, running water, and
healthcare) currently flock to the cities.
40 Stephen Graham, Cities, War, and Terrorism: Towards an Urban Geopolitics, ISBN 13:
978-1-4051-1575-9 (Oxford, U.K.: Blackwell Publishing, 2004), 7.
41 USAID, Office of U.S. Foreign Disaster Assistance, “Shelter and Settlements Update:
Afghanistan” (Washington, DC: USAID, October 2006). Cited hereafter as USAID, “Shelter and
Settlements,” 3.
A B
C D
Figure 16. Regional Total Fertility Rates (TFR). An evident, inverse correlation
exists between affluence and a lower fertility rate, as reflected by the location of
dense lines of communication (in red) and corresponding TFRs. Source: Office of
26 | the Chief of Navy Reserve, http://navyreserve.navy.mil.
a legitimately elected president, a progressive national constitution, a free
press, and a host of new schools. No doubt improvements have been made,
but they are dwarfed by the increased demand for essential services and
infrastructure in the rapidly growing cities, Kabul especially. The invisibil-
ity of anxiously awaited improvements heightens the disparities between the
haves and the have-nots. Rubin notes:
17. Gasoline for Sale for Use in Private Generators. Source: Dr. Gregory Maassen,
EMG.
A major economic issue that is aggravating relations between
Afghans and the international community is the supply of
electricity to Kabul. As the city’s population expands toward
five million (up from 2.3 million in 2001), Kabulites today
have less electricity than they did five years ago. While for-
eigners and the rich power air conditioners, hot water heaters,
high-speed internet, and satellite TV with private generators,
average Kabulites are now ending a summer without fans, and
fearing a winter without heaters.45
45 Barnett R. Rubin, “Still Ours to Lose: Afghanistan on the Brink,” written testimony, Sen-
ate Foreign Relations Committee, Washington, DC, 21 September 2006, 7. Cited hereafter as
Rubin, “Still Ours to Lose: Afghanistan on the Brink.”
46 U.K. Defence Geographic Centre, Geographic Research Branch, “Summary of Land Own-
ership in Afghanistan,” (Middlesex, U.K.: October 2006).
governed by a number of legal frameworks, and these frameworks have
been interpreted differently by successive administrations; therefore,
identifying the current law is a challenge.
• Stark inequalities in land ownership, ethnic conflict over land access,
and mismanaged land reforms by the state have generated and
sustained conflict over the past 25 years.
• No clear regime for managing land rights exists and, by default, many
management functions have fallen to the courts, which handle the
bulk of land disputes. With instability and coercion by warlords over
the last decade, land rights management and dispute resolution lost
credibility in many areas.
• Most rural Afghans regulate their land ownership relations customarily,
without using officials or courts. Customary sector management offers
a strong foundation, but is rife with practices that favor wealthier elites,
men, and dominant ethnic groups.
• The rules addressing who may own land in Afghanistan and in
what circumstances vary depending on the type of land under
consideration.
Foley, likewise, captures both the chaotic nature of land conflict in
Afghanistan and how the absence of rule of law and civil institutions are
impediments to sustainable development:47
• Houses have often been destroyed or occupied by others, and these
“secondary occupants” may themselves have been driven from their
homes.
• Official records proving ownership may have been destroyed, or were
never entirely accurate to begin with.
• Ownership and transfer documents are often forged.
• People may have been compelled to “sell” their land or property under
duress.
• People who have lived in a particular place for years may not have an
official title, because it was in the form of social ownership or only
recognized through customary law.
28 | Priorities for Addressing Afghanistan’s Land Crises
The challenge is daunting and of a higher order. Similar to the lower
levels of human needs in Maslow’s hierarchy, lower level nation-building
needs must be addressed to bolster progress on higher levels. The authors of
The Beginner’s Guide to Nation-Building emphasize that the first-order pri-
48 James Dobbins, Seth G. Jones, Keith Crane, Beth Cole DeGrasse, The Beginner’s Guide to
Nation-Building, ISBN 978-0-8330-3988-0 (Arlington, VA: RAND Corporation, 2007), xxiii. Cited
hereafter as Dobbins, Jones, Crane and DeGrasse, The Beginner’s Guide to Nation-Building.
49 Dobbins, Jones, Crane and DeGrasse, The Beginner’s Guide to Nation-Building.
50 Elaine Shannon, “Can More Aid Save Afghanistan?” Time, 26 January 2007, URL:
<http://www.time.com/time/printout/0.8816.1582650.99.html>, accessed 18 April 2007.
Figure 18. A Provincial Reconstruction Team (PRT). Source: U.S. Department of
Defense.
relationship are intertwined at all stages: from registering the familial par-
cel lot to controlling State lands and cross-border activities. Even abroad,
the botched diplomacy with Iran over reception of the tens of thousands of
deported Afghans nearly resulted in the sacking of Afghan Foreign Minister
Rangin Dadfar Spanta in June 2007. Thus, the linchpin for the success of all
foreign aid projects in Afghanistan is law and order.
Afghanistan expert Barnett R. Rubin foresees a multi-year, perhaps
decades-long, transition from customary law to civil and state law. Keenly
aware that a lack of law enforcement undermines the basic legitimacy of any
government, Rubin, from his 2006 travels in the country, recognizes that
“the only capacities for dispute resolution and law enforcement that actu-
ally exist in much of Afghanistan consist of informal or village councils or
mullahs who administer a crude interpretation of sharia. Community lead-
ers complained constantly about judicial corruption. Many demanded the
30 |
implementation of sharia law, which they contrast not to secular law, but to
corruption. During the years required for [judicial reform] the only genuine
alternatives before Afghan society will be the enforcement of such customary
or Islamic law, or no law.”51 The avowal of community decisions and initia-
tives is in concert with Jalali and Grau’s assertion that if Afghanistan is to
52 Ali Ahmad Jalali and Lester W. Grau, Department of the Army, “Putting Humpty
Dumpty Together Again” (Fort Leavenworth, Kansas, Foreign Military Studies Office,
December 2001), 1.
De Soto’s prescriptions? Because his policy prescriptions
oversimplify the complexities of informal economy and
land rights... This approach can actually weaken land rights
and marginalize vulnerable people.53
A boon to some, perilous to others: the truth about the value of indi-
vidual land titling in developing countries lies somewhere in between. A
study conducted in Argentina determined that individual land titles can have
positive effects, even if the prosperity De Soto envisions is not an imme-
diate result. Galiani and Schargrodsky, of the Stanford University Center
for International Development, found a modest but positive effect of land
titling on access to mortgage credit, but no impact on access to other forms
of credit. Yet, “moving a poor household from usufructuary land rights to full
property rights substantially increased investment in the houses.”54 More-
over, land titling reduced the fertility of the household heads, and the pres-
ence of extended family members. Also, these smaller families invested more
resources in the education of their children.
In sum, “entitling the poor increases their investment both in the house
and in the human capital of their children, which will contribute to reduce
the poverty of the next generation.”55 While secondary and tertiary effects
from individual land titling, such as smaller, better educated families, may
disappoint De Soto devotees, such results would be welcome in Afghanistan,
a nation struggling to emerge from decades of conflict and devastation.
53 Ben Cousins and Donna Hornby, “Land Rights: De Soto Solution Not for South Africa,”
Business Day, 13 January 2007, 1.
54 Sebastian Galiani and Ernesto Schargrodsky, Property Rights for the Poor, Working Paper
#249 (Palo Alto, CA: Stanford University Center for International Development, 2005): 30. Cited
hereafter as Galiani and Schargrodsky, “Property Rights for the Poor.”
55 Galiani and Schargrodsky, Property Rights for the Poor, 30.
attuned applications that can best build a civil society and a legitimate econ-
omy, anchors for sustainable development in Afghanistan. Foley elaborates,
“The issue of housing, land, and property (HLP) rights should be considered
as one central, but interlinked component of a process of nation-building.
Perhaps a central lesson from Afghanistan is that a ‘one size fits all’ approach
to HLP is rarely likely to be successful at the national level. It is essential,
instead, that those involved in designing and implementing HLP rights pro-
grams have a clear understanding of the cultural, social, and political context
in which they are working.”56
Even though land issues do not have the urgency that other short-term
humanitarian crises do, resolving land conflicts can address both long-term
and short-term needs and can foster stability in Afghanistan. In the remain-
ing chapters, it will become apparent that lack of a land administration sys-
tem that registers multiple (shared or even competing) rights and interests
in land—as opposed to private property rights—may be the deciding fac-
tor between success and failure for the international community’s six-year
investment in Afghanistan.
| 33
56 Conor Foley, Housing, Land and Property Restitution Rights in Afghanistan (Centre for Hous-
ing Rights and Evictions COHRE, in press 2006), 31, URL: <http://www.cohre.org>, accessed
5 April 2007. Cited hereafter as Foley, Housing, Land and Property Restitution Rights.
CHAPTER 4:
“Foreign Intelligence is Geography’’
— Jerome Dobson
57 John Hillen, “Know Nothings: U.S. Intelligence Failures Stem from Too Much Information,
Not Enough Understanding,” National Review 50, no. 14 (3 August 1998): 1. Cited hereafter as
Hillen, “Know Nothings.”
58 Hillen, “Know Nothings,” 2.
Figure 19. The Arc of Instability Encompasses the Least Affluent Regions of the
World. Source: Office of the Chief of Navy Reserve, http://navyreserve.navy.mil.
Iraq.”59 Iraq is but an example of how “the United States is now a mighty global
power crippled by abysmal ignorance of its vast global domain.”60
A list of geopolitical concerns for 2007 might be headlined by a post-
Musharraf Pakistan, Iran’s nuclear capabilities and intentions, Hizbollah’s de
facto state-within-a-state influence in Lebanon, China’s economic invest-
ments in Panama and Africa, and the consequences of a unilateral declaration
of Kosovar independence. And those are concerns in the governed regions
of the world. Thinking geographically about the large, porous, ungoverned
regions, devoid of political control, presents a greater challenge still. The
western provinces in Pakistan, portions of Lebanon and Yemen, wide swaths
of South America (Amazonia) and Africa, the Sahel and the Horn, parts of
the southern Philippines, several Indonesian islands, Chechnya, and rural
Myanmar are outside effective government control and thus can be affected
severely by humanitarian disasters and ethnic conflict. “These regions are
defined by endemic imbalances in the distribution of wealth, staggering
health problems, fragile political systems, regressive social systems and dis-
enfranchised youth susceptible to the lure of extremism. They contain equal
potential for either positive growth, or catastrophic failure,”61 which is why
36 | they should be of particular concern to the IC.
59 Jerome E. Dobson, “Foreign Intelligence Is Geography,” Ubique — Notes from the Ameri-
can Geographical Society (AGS) 25, no. 1 (2005): 1-2. Cited hereafter as Dobson, “Intelligence is
Geography.”
60 Dobson, “Intelligence is Geography.”
61 Francis A. Galgano, “A Geographical Analysis of Un-Governed Spaces,” The Pennsylvania
Geographer 44, no. 2 (Fall/Winter 2006): 72.
Geography in 20th Century U.S. Foreign Policy and
Academe
Dobson recalls the first half of the 20th century as a time when the forging
of American foreign policy could not have been accomplished without geogra-
phers. In the aftermath of the “War to End all Wars, U.S. President Woodrow
Wilson believed that America would lead the world in peace through political
and economic, rather than military means. Wilson called on a distinguished
geographer, the Harvard and Yale educated Isaiah
Bowman, to help frame American foreign pol-
icy at the 1919 Paris Peace Conference.
Wilson’s plight is especially instructive. For 140
years, America had practiced isolationism. No
one in government—not even the officers and
analysts of the Department of State or Military
Intelligence—was ready to analyze foreign intel-
ligence or face sophisticated European nego-
tiators. Wilson, scholar that he was, recognized
his problem as being geographic and called on
the AGS for help. AGS director Bowman led
The Inquiry, a massive analysis of foreign intel-
ligence staffed by 150 scholars from geography
and other disciplines. Their task was to col-
Figure 20. Isaiah Bowman. lect and analyze the information that would
Source: American Geographical
Society. be needed to establish a “scientific” peace at
war’s end. As part of The Inquiry, the AGS was
responsible for drafting Wilson’s famous Fourteen Points, one of the
most reassuring and effective policy statements ever written. When
Wilson and the American delegation left for France, Bowman sailed
with them. On arrival, Bowman pulled off an amazing bureaucratic
coup, and Wilson decreed that analysts from the Department of State,
Military Intelligence, and Central Bureau of Statistics would report to
him through Bowman. In January 1919, AGS geographers and car-
tographers turned out more than 300 maps per week based on geo- | 37
graphic analysis of The Inquiry’s massive data collections covering
language, ethnicity, resources, historic boundaries, and other perti-
nent information. America’s delegation became the envy of Versailles.62
62 Jerome E. Dobson, “Bring Back Geography!” ArcNews Online by ESRI, Spring 2007,
URL:<http://www.esri.com/news/arcnews/spring07articles/bring-back-geography-1of2.
html>, accessed 18 July 2007. Cited hereafter as Dobson, “Bring Back Geography!”
One might think that the American political isolationism at the time
would have found geographers, especially political geographers with expertise
on foreign areas, wanting. That was hardly the case. The focus of geography
until about 1850 was celestial navigation. Charles Darwin’s theories of evolu-
tion revolutionized geography; the discipline increasingly catechized the rela-
tionship between land and people. By the turn of the 20th century, the “Heyday
of Ivy League Geography,”63 America’s first professional geographers, like their
European counterparts, held fast to the prevailing theory of environmental
determinism. Simply stated, environmental determinism postulates that physi-
cal geography, including climate, at a minimum influences people or, according
to some, even determines mentalities and cultures. Tropical climates dispose
inhabitants toward sloth, for example, while the harsher weather of the middle
latitudes leads to perseverence, and to social and industrial progress. The theo-
ry’s Darwinian “survival of the fittest” tenet is obvious.
The environmental deterministic works of Friedrich Ratzel, a German
geographer who invented the term “Lebensraum” (“room for living”), were
influential in stoking the arms race of Imperial Germany. Ratzel’s 1875 tour
of the American Midwest acquainted him with the positive influence Ger-
man immigrants had had as a fertilizing element on the culture of the newly
settled frontier. The aggressive, “Übermensch” or superior man ideology
of Nazi Germany came not from Ratzel, but from Karl Haushofer and his
Geopolitik or German geostrategy. Haushofer, a former military attaché to
Japan and a WWI general, became a geography professor at the University
of Munich, where future Deputy Reichsführer Rudolf Hess was his student.
As founding editor of the Zeitschrift für Geopolitik, the “Magazine of Geo-
politics,” he so influenced geographers in Japan that a school of geopolitics
modeled after Haushofer’s was established there. Haushofer helped craft the
WWII German-Japanese alliance; he committed suicide in 1946. The envi-
ronmental determinism that charged Geopolitik became the bedrock, first
of Adolf Hitler’s bellicose speeches, and later of his horrific foreign policy.
Haushofer proffered a scientific justification of Geopolitik:
As an exact science, Geopolitik deserves serious consider-
ation. Our leaders must learn to use all available tools to
38 |
carry on the fight for Germany’s existence—a struggle which
is becoming increasingly difficult due to the incongruity
between her food production and population density . . .
Germany must emerge out of the narrowness of her present
63 Richard Wright and Natalie Koch, Geography in the Ivy League (Hanover, NH: Dartmouth
College, in press 2007), 5, URL: <http://www.dartmouth.edu/~geog/dc_geo_AG_WGI1.html>,
accessed 15 July 2007. Cited hereafter as Wright and Koch, Geography in the Ivy League.
living space into the freedom of the world....We must famil-
iarize ourselves with the important spaces of settlement and
migration on Earth. We must study the problem of boundar-
ies as one of the most important problems of Geopolitik. We
ought to devote particular attention to national self-determi-
nation, population pressure, living space.64
In later life Bowman’s views, especially as a co-architect of the UN, exhib-
ited probabilistic, as opposed to deterministic, geographical thought. The Euro-
pean Union, adding ever more member states, is a half-century testimonial
for regional cooperation among naturally competitive polities. Nevertheless,
immediately after German capitulation in 1945, Geopolitik fell into disrepute
as a bizarre Nazi pseudoscience responsible for 70 million deaths. Academia
quickly distanced itself from environmental determinism, the theory behind
Geopolitik, and, in the U.S., quite inexplicably, associated geography as a whole
with Nazism. Lacking alternative operable theories to environmental determin-
ism, scholars then berated geography for being poorly defined, and for its best
work having been done by non-geographers.65 Dartmouth College geography
professor Richard Wright and Harvard University graduate student Natalie
Koch explain a trend that began in 1948 when Harvard, soon followed by Stan-
ford, Yale and other leading universities, closed its geography departments.
The reasons behind these terminations vary around themes
of weak faculty and the discipline’s uncertain intellectual
terrain. The adverse fiscal context faced by institutions in
the aftermath of World War II probably made things worse.
Increased demand for practical education and the attack on
environmental determinism was particularly devastating for
the future of geography in the Ivy League universities, which
increasingly emphasized the importance of theory and held
technical instruction in low esteem. In contrast, geography
departments in the land-grant colleges of the Midwest pros-
pered in this environment. Because these universities were
designed in part to support the Midwestern agricultural econ-
omy and serve the broader public, they welcomed the applied | 39
elements of geography.66
64 Andreas Dorpalen, The World of Haushofer: Geopolitics in Action (New York: Farrar & Rhine-
hart, Inc., 1942), 28.
65 Wright and Koch, Geography in the Ivy League, 8.
66 Wright and Koch, Geography in the Ivy League, 7.
The Ivy League geography departments closed in favor of new area stud-
ies and political science curriculums. These newer disciplines often lack a spa-
tial component. Widespread disdain for geography as an applied, rather than
a basic, science saw geography replaced in many universities by urban plan-
ning, which is far more applied, pragmatic, and arguably vocational. Noting
these contradictions, Dobson, incredulous that any discipline could be so dras-
tically punished for its alleged shortcomings, acclaims geography as much more
than its recent consignment to leisure travel and photo journals popularized by
National Geographic:
Geography is more than you think! Geography is to space
what history is to time. It is a spatial way of thinking, a sci-
ence with distinctive methods and tools, a body of knowl-
edge about places, and a set of information technologies
that have been around for centuries. Geography is about
understanding people and places and how real-world places
function in a viscerally organic sense. It’s about understand-
ing spatial distributions and interpreting what they mean.
It’s about using technology to study, in the words of the
late professor J. Rowland Illick, “why people do what they
do where they do it.” Geography is a dimensional science,
based on spatial logic in which locations, flows, and spatial
associations are considered to be primary evidence of earth
processes, both physical and cultural. Its hallmarks are spa-
tial analysis, place-based research (e.g., regional, area, and
urban studies) and scientific integration.67
68 Geoffrey Demarest, Property & Peace: Insurgency, Strategy and the Statute of Frauds, report
for the U.S. Army, Foreign Military Studies Office (Ft. Leavenworth, KS: Foreign Military Studies
Office, 2007), 80. Cited hereafter as Demarest, Property & Peace.
69 Demarest, Property & Peace, 53.
| 43
44 |
| 45
Bowman Expeditions
The uniqueness of geography is epitomized in a new proposal by Dobson
to dispatch place-based geographic research expeditions around the world, a
project that has captured the attention and funding of the U.S. Army. Named
in honor of former AGS Director Isaiah Bowman, the first Bowman Expedi-
tion, called the Mexico Indigena Project and led by Peter Herlihy, Associate
Professor of Geography at the University of Kansas (KU), in 2005-06 traced
the transfer of property from ejidos (a uniquely Mexican form of large land-
holdings owned communally but cultivated by individual farmers) to private
46 | property (see Appendix A. Mexico Indigena Project Cycle). Dobson opines that
this project merely foreshadows what geographers can do to convey knowledge
of foreign lands, establish relationships with indigenous peoples and institu-
tions, collect unclassified information, and build an open-source GIS that can
be employed by other investigators, regardless of discipline. It is but one remedy
48 |
Figure 24. Participants and Figure
25. Sketch Map of Parcels. Source:
Mexico Indigena. http://web.
ku.edu/~mexind/index.htm.
Mexico Indigena Project 2005-2006 (Continued)
| 49
Community/Participatory Mapping
The International Land Coalition (ILC) is a network of intergovernmen-
tal, governmental, and civil society organizations that work to increase oppor-
tunities for the poor and disadvantaged to participate in decision-making
on land tenure security issues. For many rural communities, maps are a step
toward grass-roots empowerment for better land access and tenure security.
Rural maps, in the experience of ILC’s partners, have many times increased the
users’ capacity to advocate, lobby, plan, manage and monitor the territorial and
land-related dimensions of development activities in the mapped areas.79
A prime example involved former combatants in the 1980-1992 Salva-
doran civil war, in which land tenure was one of the primary causes of a con-
flict that claimed over 70,000 lives. When post-conflict land transfers from the
El Salvadoran government slowed, disaffection rebounded. The government’s
desire to expedite the land titling process resulted in joint land titles rather than
the promised individual ones. “In that situation, everyone owns everything and
so no one owns anything.”80 No individual could get credit for loans without
the support of the entire group. The original land tenure conflict in El Salvador
remained unsolved until the Cooperative for Assistance and Relief Everywhere
(CARE) enabled the community to decide how to divide the land into indi-
vidual plots or into grazing or other communal use lands. With GPS that used
laser beams to measure distances, the titling process became transparent and
owned by the community. “There was a lot of discussion,” said Roberto Candel,
CARE’s GPS expert, “But once they could see the map, see what decisions they
were talking about, they were able to make those decisions.”81
The Salvadoran case demonstrates that community-produced sketch
maps can be combined with GIS to go beyond the determination of primary
rights (ownership rights) to include secondary use rights (access to grazing
land, water resources, fruit trees and forest) to regularize tenure and to resolve
land conflict. In the developing world, “a blend of statutory, customary and
hybrid (formal or informal) institutions and regulations may co-exist in the | 51
52 |
83 Food and Agriculture Organization of the United Nations (FAO), Land Tenure and Rural
Development, FAO Land Tenure Studies (Rome: FAO Publishing Management Service, 2002), 13.
Cited hereafter as FAO, Land Tenure and Rural Development.
some sort of land representation, the forma aspect, i.e., on a cadastral map
or a parcel-lot graphic containing a geographic location, a parcel description
(e.g., measures and directions, plain text, metes and bounds, coordinates,
township subdivisions), and a designation (label, structured or sequentially
identifying number).84 It may be useful to examine property rights by dis-
tinguishing three different kinds:85
• Use Rights: (a combination of usus and fructus aspects) rights to use
and enjoy the land for grazing, growing subsistence crops, gathering
minor forestry products, etc.
• Control Rights: rights typical of custodianship, the right to make
decisions (chiefly usus, seldom abusus) about how the land should
be used, including deciding what crops should be planted, and who
should benefit financially (fructus) from the sale of crops, etc.
• Transfer Rights: typical of ownership, the right to sell or mortgage
the land, to convey the land to others through intra-community
reallocations, to transmit the land to heirs through inheritance, and to
reallocate use and control rights (accessio and abusus).
There are other rights associated with property, but these three are
the chief ones. In a single tract of land these rights may be held by three
different parties. Perhaps only in Switzerland is each registered individual
property right guaranteed by the State; nevertheless, landowners and other
people who enjoy various rights to land still rely upon the state for enforce-
ment of their property rights.
• Security of Tenure is the certainty given by a government that a
person’s various rights to land will be recognized by others and
protected from violations.
Security of tenure is taken for granted in the West, but in many parts
of the world, particularly in developing countries, millions of people face
the risk that their land rights will be threatened by others, and even lost
as a result of eviction. The layers of complexity and potential for conflict
are compounded when, for example, the state suddenly claims ownership
of land long held by people through custom and tradition. Officially, these
54 |
people are landless. But these “landless” poor care deeply about their prop-
erty. Even if not legally registered “people invest in turning a tin-sheet house
into a concrete house and upgrade their properties. It does not matter that
they hold the land informally without legally produced individual titles, the
wealth of all of these poor people is tied up in their land and housing.”86
Thus, the security with which people hold their lands is crucial for the
world’s landless poor. Ownership is not as great a concern, because their
most immediate worry is forced eviction, whether by the state or a third
party. Unfortunately, in the developing world time and expense of issuing
and registering titles often undermine the goal of secure tenure for the poor.
These “land tenure policies confuse ‘ownership’ with ‘security of tenure,’
resulting only in delays in extending effective security of tenure”87 to those
who need it.
Consider, for example, Figure 28, which depicts a typical situation in
a developing country. Imagine a well-watered valley. Every spring a fam-
ily of herders do what their ancestors have done for centuries, bring their
| 55
86 Allan Cain, Urban Poverty and Civic Development in Post-War Angola of Preparing for
Peace Workshop on Future Swedish and Norwegian Development Cooperation with Angola, April
2002, URL: <http://www.angonet.org/article.ph?story=20061116174108871&mode=prin
t>, accessed 13 July 2007.
87 Ben Cousins and Rosalie Kingwill, “Land Rights and Cadastral Reform in Post-Apartheid
South Africa,” paper presented at the 9th International Conference of the Global Spatial Data
Infrastructure (GSDI-9), 6-10 November 2006 (Santiago, Chile), URL: <www.gsdi9.cl/english/
abstracts/TS26.4abstract.pdf>, accessed 24 July 2007.
Figure 28: Complexities and Conflicts Resulting from Different Types of Tenure.
Source: Food and Agriculture Organization of the United Nations (FAO), Land Tenure
and Rural Development, 3, May 2003.
flocks to pasture in the valley (Layer A in the Figure 28). In that same val-
ley there are farmers practicing their ancestral livelihood (Layer B), who,
honoring a longstanding verbal agreement, allow the herders water rights
every spring. Recently, a major drought forced a related ethnic group from a
neighboring country to settle in the valley. The government does not enjoy
friendly relations with the neighboring country and considers these new
arrivals illegal squatters. Decades ago, unbeknownst to either the herders or
the farmers, the newly emergent government laid claim to the entire valley
as state domain (Layer D). The government never attempted to develop the
land until now, when a foreign mineral company notified the government
56 | of a valuable resource in part of the valley, and negotiated a lease (Layer C).
For each of these four parties a different land right is at work.
Responses to tenure insecurity vary according to local contexts, to
the size and nature of land invasions and informal settlements; national
political leanings; and pressures exerted by civil society, NGOs, and the
affected peoples. But overall, there are two main approaches to providing
security of tenure, different but not contradictory. The first, typical of
Western societies, conducts tenure regularization based primarily on the
conveyance of individual titles, but sometimes also based on public acts
and private deeds. The second approach emphasizes an administrative
or legal protection against forced eviction. Unlike complicated, expen-
sive, and time-consuming formal tenure regularization programs, under
this approach security of tenure can be provided through simple regula-
tory and normative measures.88 Fourie lists some use and control rights,
which at a later stage, through incremental regularization procedures, can
be upgraded to freehold or long-term leases:89
• De facto recognition, but without legal status, such as an anti-eviction
measure
• Recognition of security of tenure, but without any form of tenure
regularization (the authorities certify that the settlement will not be
removed)
• Provision of temporary occupancy permits
• Temporary non-transferable leases
88 Graham Adler, “Ownership Is Not a Priority among the Urban Poor: The Case of Nairobi’s | 57
Informal Settlements,” Habitat Debate UNCHS--The United Nations Centre for Human Settlements
5, no. 3 (1999), URL: <http://www.unhabitat.org/hd/hdv5n3/viewpoint.htm>, accessed 24
September 2007.
89 Clarissa Fourie, “Best Practices Analysis on Access to Land and Security of Tenure” (Durban,
South Africa: University of Natal, 1999), on-line information site of Dr. Clarrisa Augustinus
(previous last name Fourie), consultant for UNCHS, also known as UN-HABITAT, URL: <http://
www.google.com/search?hl=en&q=Fourie+2B+Best+practices+analysis+on+access+to+lan
d+>, accessed 16 July 2007.
90 FIG, The FIG Statement on the Cadastre.
• Basic details about the parcel, e.g., location, size,
improvements, value.
Despite their basic utility, cadastres are controversial today. “When
a land registrar writes down the name of an owner in a land book, or a
land surveyor draws a boundary line on a cadastral map, it could be either
the start of a prosperous economic development, or the overture to a new
conflict.”91 Some critics say that a classical cadastre, a top-down, state-led
approach is best for economic growth because participatory, community-
level exercises are not recognized by higher-level planning authorities who
see the bigger picture. Others with a grassroots agenda insist upon a citizen
cadastre, one that is participatory, affordable, and tenure-securing, that har-
monizes informal and customary needs and norms with formal and statu-
tory needs and rules, without which a national land policy can never be
credible. The grave concerns and objections raised by some members of the
international development community suggest that cadastral surveys have a
history of causing, rather than mitigating, conflict and instability.
Cadastres and land tenure reforms associated with them can be threat-
ening, especially to parties who want to maintain a status quo that cements
their prestige, power, and profit. Alain Durand-Lasserve and Lauren Roys-
ton have no illusions that national decrees or new land policies alone pro-
vide security of tenure to the most marginalized of society: the poor, the
poorly educated, indigenous peoples, ethnic minorities, and women.
Slum organizers, political bosses and tribal chiefs can often
view tenure regularization as eroding their privileged social
and economic position. Municipal officials and ministries
that exhibited near absolute power over land decisions do not
easily give up control. Political sympathy for squatters is fre-
quently low. Change, which improves the situation for some,
will necessarily erode political, cultural, and/or economic
power for others. For all these reasons and more, the process
is often complicated, political and violent.92
True, cadastres can be used to nefarious ends. Conflict is inevitable
58 | when outsiders, a category that includes regional or national governments,
conduct or sponsor cadastral surveys supported by foreign investment or
91 Paul van der Molen and Christiaan Lemmen, “Land Administration in Post-Conflict
Areas,” paper presented at the 3rd FIG Regional Conference, 2004 (Jakarta, Indonesia),
URL: <www.itc.nl/library/Papers_2004/n_p_conf/vandermolen_land.pdf>, accessed 25
September 2007.
92 Alain Durand-Lasserve and Lauren Royston, Holding Their Ground: Secure Land Tenure for
the Urban Poor in Developing Countries, ISBN 1853838918 (London: Earthscan Publications
Ltd., 2002), 241.
other outside interests that divest local land stakeholders in favor of other
parties. Additionally, in many parts of the world, the very word cadastre
smacks of ties to colonialism, increased taxation (perceived to benefit only
corrupt officials at the expense of sewer, water, electrical, transportation,
health, or other services), or to government attempts to expropriate land
from indigenous peoples. Thus, the neutral term of land administration is
supplanting the word cadastre, especially in Europe. In reality, a cadastre is
theoretically neutral. The problem in post-conflict societies is that cadastres
have been designed to serve the interests of governments and outside pow-
ers, not the local people, who are usually poor. If a cadastre does not reflect
local arrangements concerning the land, it is open to abuse, particularly
in post-conflict countries. Cadastres in these situations should be designed
to be flexible, registering all land claims, including competing ones. From
a comprehensive repository of land information, tenure decisions can be
made efficiently and equitably. The cadastre then becomes multi-purpose.
As the rebuilding nation develops the capacity to resettle refugees, adjudi-
cate land claims, and provide economic and other incentives to maintain the
cadastre, a key foundation of civil society takes root.
In stable Western countries the cadastre reflects the land policies of
the central government, and it falls at the bottom of a well-ordered hierar-
chy. At the top is the land management system, which develops a national
land policy and strategy. The land administration system, next in the hier-
archy, implements the policy and strategy. Beneath that fall various sub-
systems: land tenure, taxation, utilities, and so forth. Finally comes the
cadastre, which records boundary lines, surveyors’ reports, land registra-
tion, and claims to land.93 Augustinus and Barry identify this as the conven-
tional approach to land management, an arrangement adequate for most
stable countries. But, they argue, post-conflict societies cannot follow this
positivist model without incurring massive delay and expense and prolong-
ing and exacerbating the land crises they are meant to address. They advo-
cate a soft-systems approach, where the traditional top-down hierarchy
becomes adjustable according to ever-changing local needs. If tenure issues
are pressing, the land tenure system can be prioritized over land manage-
ment and land administration. If the local situation changes yet again, any | 59
other system can come to the fore.
For soft systems, a cadastre remains central, just as it is in the con-
ventional approach, but it should not be centralized. The tendency in many
| 61
98 Alden-Wiley, Governance and Land Relations.
99 Conor Foley, Land Rights in Angola, (London, England: Overseas Development Institute,
2007). Cited hereafter as Foley, Land Rights in Angola.
100 Foley, Land Rights in Angola.
101 Developmental Workshop, Contributing to Poverty Reduction in Angola, 31 December
2005, URL: <http://www.dw.angonet.org/>, under the keywords “poverty” and “Angola”,
accessed 19 July 2007.
increasing Chinese investments.102 As a hedge against encroaching com-
mercial interests that threaten traditional livelihoods, the Norwegian Refu-
gee Council (NRC) in Angola educates a mostly illiterate population about
their land rights under the new law.
Another post-conflict nation aided in its return to stability by a
reformed cadastre is Cambodia. Their cadastre is a model for being at once
low cost, digital, and thoroughly integrated. Few countries’ needs are as
great as Cambodia’s.
Cambodians have suffered through a tumultuous recent
history, during which the rules for rights to land have
been in constant flux.... The Khmer Rouge, which came to
power in 1975, collectivized all land and destroyed all land
records, including cadastral maps and titles. The right to
own land was re-established in 1989.... In 1992, a program
was initiated calling for applications for land tenure cer-
tificates to confirm occupancy and use rights. More than
four million applications were submitted, but only 15 per-
cent of them had been processed due to limited capacity
of government. A lack of national policies related to land,
inadequate organizational structure, lack of educated pro-
fessionals and equipment hindered and delayed establish-
ment of land register.103
The trauma Cambodia suffered included the gutting of its techni-
cally trained workforce. Concerted international efforts ultimately led in
2002 to a Land Management and Administration Project (LMAP) that took
local capacity and resources into account. Rather than professionally train
a cadastral staff for four or more years, LMAP mobilized 300 Cambodians
and taught them for 18-36 months to become cadastral technicians. In a
relatively short time LMAP implemented the first Cambodian land registra-
tion and multipurpose digital cadastre. It aspires to cover the entire country
and issue seven million land titles in 10 to 15 years.
Higher accuracy cadastral surveys for urban areas are conducted with
62 | total station traverse, lower accuracy surveys with orthophotograph inter-
102 Conrad Hendry, “China’s Challenging Investment in Angola,” Hong Kong Trade and
Development Council (28 March 2006), URL: <http://www.tdctrade.com/imn/06032804/
investment037.htm.>, accessed 19 July 2007.
103 Pertti Onkalo, “Cadastral Survey Methodologies and Techniques in Developing Coun-
tries; Case Cambodia and Kosovo,” paper TS-61presented at the 23rd International FIG Con-
gress, 8-13 October 2006 (Munich, Germany), URL: <www.fig.net/pub/fig2006/papers/ts61/
ts61_02_onkalo_0318.pdf>, accessed 25 September 2007. Cited hereafter as Onkalo, “Cadas-
tral Survey Methodologies.”
pretation and digitization. Land owners often serve as field assistants, which
improves their understanding of the cadastral surveys and, with the pub-
lic posting of the cadastral index maps, reduces the number and intensity
of boundary disputes. “Accuracy cannot be a top priority, especially not in
rural areas where land values are low. Also for the buildings, high accuracy
is not essential and sometimes even the location point could be enough.”104
In most parts of the developing world high registration fees, unaf-
fordable to the poor, perpetuate informal, unregistered property transac-
tions. This, in turn, undermines the accuracy of a new cadastre, which
comes at no small cost anywhere in the world. Moreover, if the govern-
ment plans to fund the land registry from user fees, as is the case in Cam-
bodia, failure to convince landowners to use the cadastre for property
registration and subsequent transactions results in an overpriced, incom-
plete (and therefore useless) database. Cambodia’s LMAP has been a suc-
cess: 15 years of substantial international and donor support has kept the
cost for registering a title low. In rural areas of Cambodia the registry cost
per parcel is $6.20; in urban areas $17.41, among the cheapest in the world
(see Table 1). For an average of $8.74 per parcel, property registration in
Cambodia includes title production, materials, and salaries, but not equip-
ment and aerial photography.105
Cost Per
Country Parcel in
USD in 2006
Cambodia 8.74
Moldova 9.90
Peru (urban) 12.66
Kyrgyzstan 15.76
Albania 18.00
Armenia 18.02
Indonesia 24.40
Thailand 32.80
Peru (rural) 46.86 | 63
Trinidad and Tobago 1,064.00
Latvia (sporadic) 1,356.00
Table 1. Average Cost Per Parcel in Systematic Registration in Developing
Countries. Source: Onkalo, 2006.
106 United Nations Environmental Programme (UNEP) World Resources, the United Nations
Development Programme (UNDP), the World Bank, and the World Resources Institute (WRI),
The World Resources 2005--the Wealth of the Poor, 11, Ch. 3 (2005), URL: <http://multimedia.
wri.org/wr2005/023.htm>. Accessed 31 March 2007.
Administration System (LAS) thwarted land-grabbers by registering 2.4
million cases of rights and interests in state-owned rural lands and issuing
1.3 million occupancy certificates. The extensive project included the train-
ing of 1000 District-level civil servants and 200 lawyers on the legal system,
surveying and mapping techniques, and property valuation and real prop-
erty and user registries. A 2005 World Bank mission lauded the Amhara
LAS for its transparency, the high degree of community participation and
low cost of certification. “The most important part to development was to
define tenure security in user rights, but not mix it with ownership.”107
But not all has gone well in Ethiopia. Its experience shows that, with-
out the right infrastructure in place a cadastre may be only partially effec-
tive. In 2004, masters degree students Fella, Jensen, and Knudsen, sought
to learn, “Will the formalization of land tenure, assisted by the GIS project,
benefit the current informal settlers within Addis Ababa?” The results, both
positive and negative, were uneven. While improvements in city planning
were evident, numerous obstacles prevented any actual improvement in
basic services to settlers. These obstacles included the inefficiency of munic-
ipal staffs and the ill-defined roles within the various government bureaus.
“The formalization process did lead to an increased sense of security related
to land tenure for the informal settlers and it was found that tenure security
is very important for investments in housing improvements. This means
that tenure security is an essential spur for the magnitude of investment
and quality of housing transformation in the informal settlements in Addis
Ababa. The increased tenure security leading to investment in housing is
certainly a benefit for the informal settlers.”108 Nevertheless, the increase in
taxation and the improvement in planning and administration never trans-
lated into better services for the informal settlers.
An even better example of a well-designed but poorly used cadas-
tre is Kosovo, where ethnic conflict resulted in the deliberate destruction
of property records. Prompt support from Sweden, Norway, and Switzer-
land facilitated the construction of a state-of-the-art electronic cadastre. In
this cadastre a common parcel ID number links the graphical orthophotos
and vectorized cadastral plans in the Kosovo Cadastre and Land Informa-
tion System (KCLIS) with the textual information found in the Immovable | 65
107 Lennart Bäckstrom, “Look at Ethiopia! A Simplified and Result Oriented Development
and Implementation of a Low Cost Land Administration System,” paper TS-61 presented at the
23rd International FIG Congress, 8-13 October 2006 (Munich, Germany), URL: <www.fig.net/
pub/fig2006/papers/ts61/ts61_01_backstrom_0312.pdf>, accessed 24 September 2007.
108 Tim Fella, Kim Jensen, and Martin Knudsen, “Consequences of the Formalization of Informal
Settlements in Addis Ababa,” (Aalborg, Denmark: Aalborg University, 2004). Cited hereafter as
Fella, Jensen and Knudsen, “Consequences.”
Figure 30. Customary Deeds. Source: LTERA.
Property Rights Register (figure 30).109 All the data are integrated and made
available to users through the Internet. The Kosovar e-cadastre enables the
visualization of areas where documentation of land ownership or rights
is missing or has been destroyed.110 But because the cadastral system was
modernized apart from a supporting land policy, Kosovo’s land informa-
tion systems are unsustainable.111
visited the Afghan Geodesy and Cartography Head Office (AGCHO) and
met Engineer (Eng.) M. Yasin Safar, a retired chief of the AGCHO cadas-
tral department. Safar informed the author that between 1965 and 1978,
one-third of Afghan agricultural lands, 12.9 million jerib (a traditional unit
of land that equals 1/5 hectare, 2000 square meters, or 0.494 acre), were
professionally surveyed by the Cadastral Survey. This enormous undertak-
ing, covering 25,800 square kilometers, nearly the size of Rwanda, was not
used in a land registration system or in issuance of formal titles. Cadastral
surveyors compiled names of probable parcel owners to dispel any notion
that they were also official government title adjudicators. Despite their age
today, these painstakingly assembled graphical and textual records survived
the wars and could contribute to a future land administration system. Own-
ers and occupants certainly have changed but not so for most of the parcel
boundaries. There have been few subdivisions and consolidations, at least
in the study village.117 See Appendix B for samples of the AGCHO cadastral
survey forms.
70 |
Eng. Safar suggests a three-level strategy for establishing a modern
land administration system in Afghanistan. His plan, summarized here,
appears in its entirety in Appendix C:118
117 M. Yasin Safar, retired chief of the Cadastral Survey Department of the Afghan Geodesy
and Cartography Head Office (AFCHO), interview by the author, 10 March 2007. Cited hereafter
as Safar personal interview.
118 Safar personal interview.
Figure 34. A Garbage-strewn Dirt Road in Kabul’s District 7. Source: Author.
120 Afghan Ministry of Urban Development (MOUD), “White Paper on Tenure Security and
Community Based Upgrading in Kabul,” paper presented at the Conference on Informal Settle-
ments and Tenure Issues, 15 March 2006 (Kabul, Afghanistan).
121 J. David Stanfield, Jonathan Reed, and M. Yasin Safar, Description of Procedures for Pro-
ducing Legal Deeds to Record Property Transactions in Afghanistan in Asia and Near East Reports,
prepared under contract with USAID (Mount Horeb, WI: Terra Institute, Ltd., 2005), URL:
<http://www.terrainstitute.org/reports.html>, accessed 24 September 2007. Cited hereafter
as Stanfield, Reed and Safar, Producing Legal Deeds.
Figure 36. A scribe assists illiterate and semi-literate countrymen through one
of the twenty-five steps required to legally register a property. Source: Terra
Institute.
strates a weakness of [the formal system] which has been unable to provide
land plots to poor people despite the availability of thousands of hectares of
vacant lands. It could be argued that the formation of informal settlements
has been as much a solution [to housing returnees] as it is a problem.”122
distinct from the entity now administering rural land records and state-
owned lands. Resting on the national land policy, a consolidated Land
Administrative System could formalize land tenure, integrate formal and
informal processes to register property freely, and link cadastral with
other maps to create a parcel-based cadastre. Such lofty goals in a stable
and well-resourced environment would take years to achieve, in Afghani-
stan two decades at a minimum, even assuming that the insurgency com-
pletely disappears. Like any mammoth undertaking, the way forward is by
incremental steps.
76 |
125 Conor Foley, “Legal Aid for Returnees: The NRC Programme in Afghanistan,” Humanitar-
ian Exchange, March 2004, URL: <http://www.odihpn.org/report.asp?id=2610>, accessed 24
September 2007. Cited hereafter as Foley, “Legal Aid for Returnees.”
126 Foley, “Legal Aid for Returnees.”
A USAID Project Makes Progress
The Land Titling and Economic Restructuring of Afghanistan
(LTERA) Project, USAID-funded and implemented by Emerging Markets
Group (EMG), has presented a five-pronged integrated approach to land
titling and economic restructuring efforts:127
• Land Registration System
• Mapping and Land Information System
• Tenure Regularization
• Policy and Legal Framework
• Release of Public Land
| 77
128 “Providing Land Tenure Security in Afghanistan,” LTERA, 2007, URL: <http://www.
ltera.org/USAID_LTERA_LAND_TENURE.html#Teaming_Up_With_the_World_Bank_
KURP_Program_>, accessed 7 August 2007. Cited hereafter as “Providing Land Tenure
Security,” LTERA.
Figure 40. The Author Shopping in Kabul. Housed in old shipping containers,
shopkeepers’ goods are secure. Source: Author.
Screen Prints of the Land Information System Linked to the Deeds Database
| 81
By February 2007 more than 590,000 title deeds for immovable prop-
erty had been re-organized and stored in dry and secure cabinets; 30,000 of | 83
these documents had been digitized.132 The computerization of the archives
and the digitization of title deeds not only preserve the documents, which
were often in very poor condition, but also digital copies can replace hand-
prepared duplicates. This makes it much more difficult to falsify existing
| 85
CHAPTER 6:
Cadastre for Reconstruction and
Stability: The Land Administration
Domain Model
Land ownership, which springs from humanity’s agricultural roots,
predates recorded history. And as long as people have owned property, they
have also sold it, bought it, and passed it on to their heirs. In antiquity to
effect a transaction the parties involved would meet at the city gates in the
presence of the community elders, or congregate in the marketplace in the
presence of a government official, or assemble somewhere else in public and
there agree upon their terms. The transaction may or may not have been
written, depending upon local custom. But whether recorded in parchment,
books, or peoples’ memory, the transaction was public, and therefore con-
sidered legitimate.
This universal human practice is the basis for deeds, the written record
of transfers of rights, ownership, or possession between parties. The word
deed, which comes from the same root as the word do, implies an action, an
activity. Although adequate in antiquity, and still practiced in many parts
of the world, the deed in modern Western countries is insufficient to prove
the legality of an exchange. After all, a perfectly legitimate deed may merely
record how a thief sold stolen land. Competing, contradictory, or fraudulent
deeds require adjudication. In response to a changing economic order, after
the industrial revolution Western countries found a need to record the own-
ership of land parcels in a way that would make transactions easier to track
and more readily available to government and financial institutions. This led
to a shift to an absolute individual land parcel record of who owns what and
where. Having clear title to a property gave financial institutions the abil-
ity to secure a loan against the property. This protected both the lender and
the borrower. For the government, ownership was clear for taxation pur- | 87
poses, or in the case of eminent domain, the government knew who owned
the property. This is how title-based land administration systems began in
many Western countries.
Unlike a deed, which is a physical object, a title is conceptual. A title is
a right a state gives to a certain person or persons recognizing the legitimate
ownership or possession of a given property. There may be a document that
acknowledges this title, but the title itself is the right, not the piece of paper.
Whereas a deed always involves two parties and records a transaction at a
certain time, a title, which must oftentimes be determined on the basis of
deeds, merely declares who has what rights to what property.
Challenges in Cadastres
Most Western cadastres depend upon a title-based, centralized
model of land administration. When imported into post-conflict societ-
ies, they prove ineffective or inadequate for a number of reasons. First,
title-based cadastres adhere to strict database rules, so they are unable to
handle ambiguous or vague boundaries common in post-conflict societ-
ies. A similar ambiguity occurs in cadastral descriptions of urban versus
rural areas. Functioning cities require precise boundaries, with an accu-
racy of 10 centimeters or less. Rural areas have a greater tolerance for
imprecision; in many cases an accuracy of 10 meters or less is sufficient.
Unfortunately, many cadastres cannot merge different accuracies into a
single data environment. By the year 2030 up to one third of the world’s
population will live in informal slums, so the requirement for urban-level
accuracy is a major challenge.135
Title-based cadastres presume that land conflicts or ambiguities have
been resolved, that deeds have been carefully examined to determine who
legitimately holds the rights to the land. If two parties are in dispute, the
property in question will not be legitimately registered in the cadastre until
possibly years later, when the government is capable of adjudicating the
claim. Meanwhile the cadastre remains incomplete, and the unreliability of
the land records precludes planning, most investment, and infrastructure
and environmental improvements. Title-based cadastres, which presume a
black-and-white distinction between a property’s legal owners and all oth-
ers, generally cannot account for the distinction between formal and infor-
mal land tenure. Because cadastres are most effective when centralized, they
are difficult to build. Logistics are a constant problem. How might survey
reports be entered into a central database? Once there, if a discrepancy in
the data is found, how is this finding conveyed to the regional survey, to
have the issue revisited? How do local documents fit unambiguously the
well-formed fields of the database, especially when local custom may not
use the same distinctions presumed by the cadastral design? | 89
One might logically think that cadastral information already serves
as the foundation for objective comparisons of property regimes world-
135 Christiaan Lemmen, Clarissa Augustinus, Peter van Oosterom, and Paul van der Molen,
“The Social Tenure Domain Model--Design of a First Draft Model,” paper presented at the FIG
Working Week 2007, 13-17 May 2007 (Hong Kong SAR, China), 3. Cited hereafter as Lemmen,
Augustinus, van Oosterom, and van der Molen, 2007 conference paper.
wide, but this is illusory. There has never been an internationally accepted
standard or method for evaluating land administration systems. Cadastres
cannot be compared across borders. “Each land system reflects the unique
cultural and social context of the country in which it operates.”136 Van
der Molen cites this fact as one reason why title-based, conventional land
administration systems have been unable to record rights and interests and
thus manage informal settlements, customary tenure, and fluid, post-con-
flict situations.137 The ability to measure, compare, and analyze the world’s
various cadastral systems is forthcoming. Rajabifard, Binns, Williamson,
and Steudler have begun development of a cadastral template that can link
the operational aspects of a country’s land administration systems with
its land policy. Side-by-side country comparisons and statistics, available
on a public website at www.cadastraltemplate.org, are already useful for
analysis. In 2006, for example, 39 nations’ self-reports indicate that 67%
have title-based cadastral systems, 24% deed-based, and the remaining 9%
a mix of the two. It would seem that title-based cadastres are not as ubiq-
uitous as one might presume.
One final issue that plagues the implementation of either title-based
or deed-based cadastres is that various countries often describe parcels
of land in their own unique national coordinate system, not in absolute
latitude and longitude. There are attempts to make these various systems
interchangeable. One of many new surveying reference systems under
development worldwide is the African Geodetic Reference Frame (AFREF).
The AFREF is a planned, uniform coordinate reference system for all 53
African countries to enhance the accuracy of multi-country, cross-border
mapping and development projects.138 Once the still-developing AFREF
and similar initiatives are implemented, coordinates in existing reference
systems can be transformed into new, standard coordinates independent
of local origin or local datum.
Given these problems, could a cadastre be developed to apply to all
countries and all situations? In the late 1990s Juerg Kaufmann and Dan-
iel Steudler co-authored Cadastre 2014, a pioneering approach to model
the cadastral domain based not on parcels, but on legal land objects. Pub-
90 |
136 Daniel Steudler, Abbas Rajabifard, and Ian P. Williamson, “Evaluation of Land Adminis-
tration Systems,” Land Use Policy 21 (2004): 4.
137 International Institute for Geo-Information Science and Earth Observation (ITC), “Land
Administration: The Path Towards Tenure Security, Poverty Alleviation and Sustainable Develop-
ment,” paper presented at the ITC Lunstrum Conference: Spatial Information for Civil Society,
14-16 December 2005 (Enschede, The Netherlands), 66.
138 United Nations Economic Commission for Africa (UNECA), African Geodetic Reference
Frame (AFREF), 2006, URL: <http://geoinfo.uneca.org/afref/>, accessed 12 September 2007.
lic rights and restrictions will be included as well as private ones. Cadas-
tre 2014 is a fine starting point but is highly abstract, years away from any
implementation. Nevertheless, Kaufmann supports the notion that a cadas-
tre must depend more on deeds than titles in post-conflict society. He notes
that a cadastre, with its traditional role of documenting land rights, restric-
tions, and responsibilities, can be viewed as a book-keeping or “accounting
system” for land issues, ultimately supporting a post-conflict reconstruction
period through the transition to sustainable development.139
139 Juerg Kaufmann, “Future Cadastres: The Bookkeeping Systems for Land Administra-
tion Supporting Sustainable Development,” paper presented at the 1st International Seminar
on Cadastral System, Land Administration and Sustainable Development, 3-5 May 2000
(Bogota, Columbia). Cited hereafter as Kaufmann, 2000 conference paper.
140 Peter van Oosterom, Christiaan Lemmen, Tryggvi Ingvarsson, Paul van der Molen, Hen-
drik Ploeger, Wilko Quak, Jantien Stoter, and Jaap Zevenbergen, “The Core Cadastral Domain
Model,” ScienceDirect 30, Computers, Environment and Urban Systems (2006): 629.
language, to establish three classes for its cadastre: Person-Right-Spatial
Object, in that order. The LADM enables registration and maintenance of
“relationships between people and land irrespective of the nature of the
country’s jurisprudence; this ability offers opportunities for the integration
of statutory, customary, and informal arrangements within conventional
land administration systems.”141 For the first time in cadastral history the
LADM enables the systemic recording of rights that are not title-based legal
rights but claims that may need adjudication. It allows tremendous flexibil-
ity in describing the persons and places involved.
The LADM possesses the critical functionality to merge formal
and informal land tenure systems, and urban and rural cadastres, into
one data environment. LADM requires that spatial information be repre-
sented in multiple geodetic networks, which are systems to measure the
earth’s surface. Therefore, conversion from a local to a national, and, in
the case of AFREF, to a continental reference system must be possible
before LADM can become interoperable. These standards, as mentioned
above, are already under development. In brief, the LADM promises the
following features:142
• Formal and informal tenure systems can be held in one data
environment.
• The computer-based system is reversible to and from a paper-based
one.
• Spatial information can be represented in existing geodetic networks
and in new spatial frameworks.
• Spatial data can be linked to other systems.
• The environment is distributed and decentralized, simultaneously
processing on multiple geographically separated computers over a
network, making it usable centrally and locally.
• Source data can be of disparate types, with different geospatial
accuracies.
• Different tenures can be allowed to overlap.
• Places can be identified by a range of identifiers: geo-referenced
92 | parcels, unreferenced parcels, lines, points, and so forth.
• Conflicts can be recorded, women’s access to land can be ensured, and
highly complex relationships can be described.
141 Lemmen, Augustinus, van Oosterom, and van der Molen, 2007 conference paper, 7.
142 Lemmen, Augustinus, van Oosterom, and van der Molen, 2007 conference paper, 12.
<<FeatureType>>
RegisterObject
+objectId:
+useCode[1..2]
+taxAmount:Integer[1..*]
+name:Character[0..1]
+value:Integer[^]
+tmin:Date
+tmax:Date
<<FeatureType>>
RRR
*
+share:float
+timeSpec:Time
+min:Date *
+max:Date
<<FeatureType>>
Person
+subjId
+tmin:Date
+tmax:Date
Figure 44. The Central Premise of the Land Administration Domain Model.
Source: Christiaan Lemmen, et. al. http://www.fig.net/pub/fig2006/papers/
ts12/ts12_02_lemmen_vanoosterom_0605.pdf. RRR = Right, Restriction,
Responsibility.
LADM Components
As mentioned above, LADM depends upon three classes of objects: per-
sons, rights, and spatial units. Figure 44 illustrates the central premise of the
LADM, that a land-related right, or better stated, a socio-tenure relationship
(a term based on the 2003 UN-Habitat Continuum of Rights), always exists | 93
between land and people. In Figure 44, yellow marks social tenure relations;
green, persons; and blue, spatial units.
Two of these classes—rights (or informal social land tenure relation-
ships) and persons—are administrative or legal. The other class, spatial
unit, is geographical. The difference is important, for it reflects the two pil-
lars of all land administrations. On one side is the administrative or legal
aspect. Who has the property? Do they own or possess it, or do they have
Horizontal Property Individual Unit
CondoOwnersAssembly:
Tom: Natural Person GroupPerson Common Parts
Figure 45. Horizontal Property Objects. Source: Modified by author from Hespanha
et al.
other rights? What taxes do they owe? On the other side is the geographical
requirement. Exactly what is the land? What are its borders? What immov-
able structures are on the land? Thus, at its core, the LADM reflects the two
aspects common to all land administration systems.
LADM Modeling
To illustrate LADM flexibility, it may help to look at two dimensions of
landholding that have proved difficult for traditional cadastres to handle: com-
plex spaces and changes in time.
The worldwide rural to urban migration has sparked a significant increase
in multi-unit dwellings, such as condominiums. Figure 45 shows how LADM
proposes to treat individual units within a multi-unit building. Individual units
94 | in such “horizontal property’’ relate to a specific natural person, Tom, through
the Right of Horizontal Property. To fully characterize Horizontal Property,
however, common areas of the building, represented by the spatial object Shared
Unit, are related to the group of persons holding Horizontal Property Rights on
the Building, that is, the “Condo Owners Assembly,” a Group Person, through a
Common Parts Right.143 Thus, in Figure 45, rights (in yellow) mediate between
spatial objects (light blue) and persons (in green). In this way LADM can accu-
rately reflect a complex arrangement made between an individual and group in
an equally complex building.
Now let’s add to this scenario the dimension of time. In recent years
time-share units, typically in resort areas, have become attractive to own.
These units are often condominiums, but the right of use is fixed, for exam-
ple, to the same one or two weeks each year. This type of recurring use right
is best described in a cadastre with four dimensional (4D) representation,
so as to correctly situate the object of the right both in the space (3D) and in
time.144 Table 2 below shows how a fourth dimension expands the range of
possible rights, restrictions, and responsibilities to be recorded in a cadastre.
143 João P. Hespanha, Mónica Jardim, Jesper Paasch, and Jaap Zevenbergen, “Modelling
Legal and Administrative Cadastral Domain — Implementing into Portuguese Legal Frame-
work,” (2007), 26. Cited hereafter as Hespanha, Jardim, Paasch, and Zevenbergen, “Model-
ling.” Unpublished manuscript provided to author.
144 Hespanha, Jardim, Paasch, and Zevenbergen, “Modelling,” 12.
land registration (the administrative/legal component) and (2) geo-refer-
enced cadastral mapping (the spatial component) for land administration
in a decentralized environment. The model will allow better vertical coor-
dination, between “bottom up” local/community interests and “top down”
information and policy guidance. National development policies can be
harmonized with local programs.145 Thus, LADM facilitates the rehabilita-
tion of both local and central governance.
The LADM fulfills the criteria outlined by Kaufmann to be reliable,
systematic/complete, appropriate to needs and laws, adaptable to develop-
ment, public, and transparent.146 And whereas Cadastre 2014 is a generic,
abstract set of guidelines, the LADM is a real system under real develop-
ment. It is pragmatic because unique socio-tenure relationships can be rep-
resented to reflect the realities on the ground.
It may be objected that the LADM cannot represent all possible cases
for one area of the world, or that the categories it describes for one country
may need to change for the next. But this is LADM’s strength, not its weak-
ness. The classes in LADM are expandable. The system is being designed so
that additional attributes, operators, associations, and perhaps even com-
plete new classes can be added for a specific country or region.147 For exam-
ple, Tryggvi Már Ingvarsson and his colleagues suggest how the LADM can
reflect the natural features of the Icelandic landscape, which are in constant
motion and change in extent and shape.148
In the CCDM [an earlier name of the LADM], fuzzy boundaries may
be employed and applied in such circumstances. The CCDM [LADM]
supports this concept using history attributes, but an approach using
specially defined boundaries would be more appropriate. One way to adapt
the CCDM [LADM] to Icelandic requirements would be by conceptually
defining a number of new boundary types. Boundaries the veracity of
which have not been established, [and] designated general boundaries
can be identified only by further research. Fixed boundaries have been
surveyed according to requirements as defined in laws and regulations.
Dynamic boundaries are boundaries between public and private lands
subject to change over long periods, such as coastline change, glacial
96 | movement or due to individual events such as volcanic activity. These
145 Lemmen, Augustinus, van Oosterom, and van der Molen, 2007 conference paper, 13.
146 Kaufmann, 2000 conference paper, 3.
147 Lemmen, Augustinus, van Oosterom, and van der Molen, 2007 conference paper, 8.
148 Tryggvi Már Ingvarsson, Tom Barry, and Margrét Hauksdóttir, “Reform of Icelandic
Cadastre,” GIM International, The Global Magazine for Geomatics 21, no. 3 (2007), URL: <http://
www.gim-international.com/issues/articles/id867-Reform_of_Icelandic_Cadastre.html>,
accessed 27 September 2007.
boundaries are considered fixed at each period of time. Fuzzy boundaries
are those subject to more attenuated periods of change on a smaller scale;
riverbeds are an example. Fuzzy boundaries can also be used to indicate
areas of conflicting interests.
The LADM aspires to be everything that civilian land administrators and
civil-military planners want to address regarding land issues of post-conflict
societies. It merits close attention by NATO, the U.S. State and Defense Depart-
ments, and USAID or other entities tasked with bringing about stabilization
because it could be an important breakthrough tool for aiding countries with
weak or totally absent land administration.
| 97
CHAPTER 7:
Applied Geography as a Mainstay
of U.S. Foreign Policy
In 1999, following a vote for independence from Indonesia, widespread
violence in East Timor destroyed countless buildings and homes. Abandoned
properties invited illegal occupation by the 150,000 people, or 15% of the pop-
ulation, who became IDPs. In early 2006, renewed violence resulted in more
property destruction, a new wave of displaced persons, and further confusion
of the earlier property restitution claims already underway. A 2006 USAID
Conflict Vulnerability Assessment in East Timor found that “the inadequacy
of mechanisms to resolve disputes over land and property rights cause[d] land
tenure insecurity and can encourage [a] resort to violence.”149 The UNHCR
has long advocated a four-phase return process: repatriation, reintegration,
rehabilitation, and reconstruction. With the end of the Cold War, repatria-
tion became more realistic and attractive as a durable solution to the interna-
tional refugee problem; the UNHCR even declared the 1990s as “the Decade of
Repatriation.”150
A rights-based approach to resettlement and repatriation is now in vogue.
The Pinheiro Principles, noted in Chapter 2, declared that refugees and IDPs
should be guaranteed a variety of restitution rights. According to the Principles,
displaced persons may either return to their land or instead claim financial com-
pensation, should they wish not to return. East Timor’s descent into renewed
violence in 2006 underscores the fact that human rights pronouncements from
Brussels and Geneva are as ineffectual as was the international community’s
response to the 1999 East Timorese civil war. A rights-based approach has severe
limitations. The Pinheiro Principles do not instruct reconstruction and stabil-
ity (R&S) practitioners on the ground what to do concerning land tenure and
property rights (LTPR). The Principles do not say who should pay restitution
or how various claims should be adjudicated, to separate the fraudulent from
| 99
149 Cynthia Brady and David G. Timberman, “The Crisis in Timor-Leste: Causes, Conse-
quences and Options for Conflict Management and Mitigation,” report for the USAID (Washing-
ton, DC: USAID, 2006).
150 United Nations High Commission on Refugees (UNHCR), The State of the World’s
Refugees 2006 - Chapter 6, Rethinking Durable Solutions: The Search for Durable Solutions (2006),
2006, URL: <http://www.unhcr.org/cgi-bin/texis/vtx/publ/opendoc.htm?tbl=PUBL
&id=4444d3ca28>, accessed 25 September 2007.
genuine. The rights-based approach often amounts merely to a well-meaning
platitude. It envisions an ideal but says nothing about how to achieve it.
The international community should recognize that a rights-based
approach alone is insufficient, and that a rule-of-law approach to LTPR must
also be embraced. A rule-of-law approach acknowledges that in a conflict or
disaster the international community’s most urgent responsibilities pertain
to public security and humanitarian assistance. No less important (but seem-
ingly easily forgotten) are the mandates to restore legal, educational, and leg-
islative institutions. These priorities, discussed in Chapter 2, must include land
administration at the forefront. The rule-of-law approach invests immediately
in the restitution of central and local institutions, to implement changes that are
merely wished for in rights-based approaches. Noted experts De Soto, Foley,
and Rubin advocate a rule-of-law approach, both for the sake of short-term sta-
bility and for longer-term economic development.
The 2006 USAID report mentioned above prompted the government
of East Timor (GOTL) to establish a national land registration and titling
system. The initiative is praiseworthy, but how will it be implemented? Will
the international community help GOTL with a rights-based or a rule-of-
law approach? The GOTL will require substantial technical assistance, con-
certed human resources, institutional capacity building, and, more than
anything else, time to achieve these objectives. The UN-HABITAT Handbook
for Planning Immediate Measures from Emergency to Reconstruction soberly
reminds practitioners that long after the media, emergency services personnel
and stability forces pull out of a country, post-conflict land management “is
dependent on political will and a determination to build effective systems—
including technical and governance—over long periods. As a rule of thumb, it
takes about 25 years to build such a system.”151
East Timor, a nation of only one million people, requires both immediate
and long-term commitments for its needs in land administration. R&S practi-
tioners there must implement a viable land administration system now. Foreign
aid agencies and donors must take a long view of the matter. How might land
administration receive a much higher priority in whole-of-government and
100 | whole-of-alliance R&S doctrine, human, and technical resources? How should
civilian and military personnel be trained to deploy to collapsed states, knowing
that land administration, unlike short-term emergency aid distribution, takes
151 Clarissa Augustinus and Dan Lewis, Handbook for Planning Immediate Measures from
Emergency to Reconstruction (Peer-Reviewed First Draft), ed. Paul van der Molen, Japp Zevenber-
gen, and Thierry Naudin (Nairobi, Kenya: UN-HABITAT Disaster, Post-Conflict, and Safety Sec-
tion and the Land and Tenure Section, 2004), 126. Cited hereafter as Augustinus and Lewis,
Handbook.
years, perhaps decades, to institutionalize? This chapter presents recommenda-
tions on how U.S. government agencies should adapt and change to be prepared
to address future land crises, both in the short and long term.
signing a supplemental lease agreement; we then paid the rent that had
been withheld.152
With increasing frequency, the first responders to post-disaster and post-
conflict crises are the U.S. and allied armed forces, trained to deal with any
number of contingencies. Former U.S. Marine Corps Commandant Charles
Krulak coined the term “three-block war” to describe three missions: combat,
peace enforcement, and humanitarian, that the U.S. military could be expected
to execute within a three-block radius of a given urban center. Lieutenant Col-
onel Steven Fleming, a geography professor at the U.S. Military Academy,
relates that resolving land conflicts is indispensable for operations other
than war, so that for two of the three missions of the three-block war con-
cept it is important. This is in striking contrast to wars of bygone eras. Mili-
tary planners in WWII were not concerned with property ownership when
planning a battle, aside from making sure they minimized destruction to
102 | selected cultural locations. Even in the recent fighting in Iraq, Fleming notes
that “From a military position, warfighting, e.g., ‘the March to Baghdad,’
does not concern itself much with land ownership. However, post-conflict
nation-building and reconstruction inherently involve mass movements of
people. Therefore, knowledge of land ownership is central to the success of
152 George Boguslawski, U.S. Army Corp of Engineers, phone interview by the author, 2
August 2007.
Figure 47. A Symposium Sponsored by the U.S. Naval Postgraduate School’s
Center for Stabilization and Reconstruction Studies. Source: NPS.
153 Steven Fleming, Professor of Geography at the U.S. Military Academy, e-mail interview
by the author, 10 August 2007.
Citing his experience in Liberia, Jon Unruh cautions R&S specialists not
to be fooled: in postwar countries a surge of land tenure problems tend to sur-
face three to five years after the fighting ceases. “This is because in the immedi-
ate postwar lull, people are upgrading livelihoods in rudimentary ways. But, at
about three to five years, continued upgrading needs a property rights system
and it is then that the problems emerge. While social unrest connected to land
and property issues is unlikely while UNMIL [United Nations Mission in Libe-
ria] has a large presence in the country, at some point the peacekeeping forces
will be stepped down and the rule of law needs to step up.”154 Naturally, the ideal
time to head off a post-conflict land crisis, as occurred in East Timor, is to
anticipate it and, soon upon arrival in a country, develop a cadastral frame-
work, years in advance of the inevitable problems.
While military forces are often the first responders to world crises,
most would gladly limit their role to providing security so that other enti-
ties can execute their own vital missions. In a perfect world, NGOs deliver
humanitarian aid; intergovernmental bodies such as the UNHCR resettle
refugees. It may seem that involvement in local land matters, something
normally relegated to civilian agencies, is not in the interest of the military.
But in reality, the military’s involvement in recording early land disputes
enhances, not hinders, its military mission. Joseph Nye, former Chair of the
U.S. National Intelligence Council, and Deputy Under Secretary of State for
Security Assistance, Science and Technology, coined the term “soft power” as
the ability to get what you want through attraction rather than coercion.155
Nye lamented that only in academic circles, in Europe, even in China and
India, but not in the United States, has soft power entered into political
debate, and that the global attractiveness of the U.S. has been squandered
by a singular hard power (military) approach to foreign policy.156 Current
and future conflicts, labeled Fourth Generation Warfare, Irregular War-
fare, Insurgency, or Asymmetric Wars, require a great deal of soft power to
achieve an agreed-upon end state: “the imposition of law and order to gen-
erate regional stability, development, peace, and effective sovereignty.”157 To
meet these future challenges, Dr. Max Manwaring of the U.S. Army Strate-
gic Studies Institute theorizes that a national executive-level management
104 | 154 Jon Unruh, Postwar Land Tenure in Liberia: Lessons Learned from Other Post-Conflict Coun-
tries (2007), 3.
155 Joseph S. Nye, Soft Power: The Means to Success in World Politics, 1st ed. (New York:
Public Affairs, 2004), x.
156 Joseph S. Nye, “After Rumsfeld, a Good Time to Focus on Soft Power,” Daily Star (Beirut,
Lebanon), 11 November 2006.
157 Max G. Manwaring, “Defense, Development, and Diplomacy (3D): Canadian and U.S.
Military Perspectives,” paper presented at the Defense, Development, and Diplomacy (3D):
Canadian and U.S. Military Perspectives, 21-23 June 2006 (Kingston, Ontario, Canada), 3.
Cited hereafter as Manwaring, 2006 conference paper.
structure and an international coordinating entity are essential for ensuring
vertical and horizontal unity of effort.
Dealing with these kinds of national and global threats involves the
entire population of affected countries, as well as large numbers of
civilian and military national and international governmental and
nongovernmental organizations and agencies — and sub-national,
indigenous actors. As a result, a viable unity of effort is required to
coordinate the many multidimensional, multi-organizational, and
multilateral/multinational activities necessary to play in a given security
arena.158
The Pentagon has already anticipated this new role by incorporating sta-
bility operations into the war colleges’ curricula, thereby preparing regional
combatant commanders for their expanded role.
Some Western nations are increasing the allocation and training of mil-
itary forces for peacekeeping, peace enforcement, and stability, known col-
lectively as “military operations other than war.” Canada, for example, has
implemented a Defense, Development, and Diplomacy (3D) approach “in
developing a new external conflict and internal catastrophe/disaster paradigm
in which traditional military and police organizations continue to play major
roles, but are closely coordinated with all the other instruments of power
under the control of the civil authority. The 3-D concept is rapidly growing
into a broader and more effective strategic whole-of-government and grand-
strategy whole-of-alliance paradigm.”159
160 Corine Hegland, “Pentagon, State Struggle to Define Nation-Building Roles,” Gov-
ernment Executive, 30 April 2007, URL: <http://www.govexec.com/mailbagDetails.
cfm?aid=36760>, accessed 5 May 2007. Cited hereafter as Hegland, “Pentagon, State
Struggle.”
161 Hegland, “Pentagon, State Struggle.”
promote peace, security, development, democratic practices, market econ-
omies, and the rule of law.”162 In another significant reform, the National
Security Council in 2007 approved models for interagency cooperation
for the next country collapse. It also agreed on an idea to create a National
Security Education Consortium to provide joint education and training
for civilians and the military.163
162 The White House, NSPD-44 Management of Interagency Efforts Concerning Recon-
struction and Stability (Washington, DC: 2005).
163 Hegland, “Pentagon, State Struggle.”
164 Zimmermann, 2006 conference paper, 12.
tracted employees, with increasing frequency non-U.S. citizens, do not always
have a sophisticated, broad-based understanding of property rights issues. And
because USAID employs few LTPR experts, on-the-ground oversight of con-
tractor performance by at least one USG official is increasingly rare.
This situation has arisen partly due to underestimating the role land
administration plays in R&S, and partly due to changes in government prac-
tices that have not been sufficiently scrutinized. The idealistic 1960s image
of American government employees, Peace Corps volunteers, and academics
engaged in exchanges and international development has long since disap-
peared. Stanfield outlines the changing nature of American foreign aid over
the last 60 years, and, from his observations in Afghanistan, concludes that
something has gone terribly wrong:
The years following World War II witnessed the emergence of the United
Nations, the dissolution of many aspects of colonialism, and the emphasis
on state investments in core industries and infrastructure to move
countries into the “development” stream. The assistance of developed
countries in this process was often government-to-government, or in
the form of people-to-people programs (such as the Peace Corps and
exchange programs), or involved voluntary organizations which shifted
their post war humanitarian relief efforts to development investments,
and even got universities involved, which encouraged their faculty and
students to undertake international development programs.165
In recent years, a fundamental shift has occurred in assistance to devel-
oping countries. What was once handled by the USG is now managed by for-
profit corporations. Instead of government or intergovernmental employees
conducting the work, or, in several cases, even overseeing the work, organiza-
tions such as the USAID, but also the European Union, Inter-American Devel-
opment Bank, Asian Development Bank and the World Bank, have contracted
with corporations to deliver development assistance to countries in need. “Since
2000, the value of Federal contracts signed by all U.S. agencies each year has
more than doubled to reach $412 billion dollars.”166 Stanfield notes the unfor-
tunate effects and unintended consequences when foreign aid reflects not the
face of a donor country, but that of a company. “I have witnessed in Afghanistan
108 | the rapid loss of Afghan support for the international development assistance
165 J. David Stanfield, “Land Administration in (Post) Conflict Conditions: The Case of
Afghanistan,” paper presented at the World Bank Conference on Land Policies & Legal Empow-
erment of the Poor, 2-3 November 2006 (Washington, DC), 14.
166 Georgie Anne Geyer, “’Outsourcing’ Is Not the Answer to Our Foreign Policy Woes,” 23
August 2007, Yahoo! News, URL: <http://news.yahoo.com/s/ucgg/outsourcingisnotthean-
swertoourforeignpolicywoes>, accessed 29 August 2007.
programs being run by foreign corporations. Afghans deeply resent seeing the
often ostentatious and counter-productive results of such programs.”167
Afghanistan is the proving ground for American R&S in the 21st century.
Others familiar with what is happening there echo Stanfield’s sentiments. First,
the incentive for millions of refugees to return to Afghanistan was the billions
of dollars in promised foreign aid, which was perceived by returnees as a hedge
against homelessness and unemployment. “Unfortunately, the Government of
Afghanistan (GoA) did not directly receive the aid which donor countries had
promised to give for the reconstruction. Instead, a number of NGOs and indi-
viduals in key positions received everything.”168 Next, Afghan Finance Minister
Anwarul Haq Ahady occasioned some uneasiness in a 2007 U.S. Congressio-
nal forum on Afghanistan when he too suggested that foreign aid should be
routed through the GoA, and not directly to the NGOs. He decried the lack
of any discussion on the “output” of foreign aid and pointed out that projects
not routed through the GoA were being done at a much higher cost. Ahady’s
insight was supported by two other eminent experts who participated in the the
panel discussions, Barnett Rubin, Director of Studies and Senior Fellow, Centre
for International Cooperation, and Marvin Weinbaum, Scholar in Residence,
Middle East Institute. Referring to an instance where nearly $100 million was
transferred to the bank account of a consultant in Washington to carry out a
project in Afghanistan, Rubin said, “This may sound too harsh. But if we give
the money directly through the Afghan government, USAID would be much
more effective...Money in Afghanistan is not being used effectively; funding is
being dispersed, but is not delivered.”169 The previous year Rubin wrote, “more
than seventy-five percent of all aid to Afghanistan funds projects [were] directly
implemented or contracted by donors. This mode of delivery, although initially
inevitable, is ultimately self-defeating. If prolonged, it undermines—rather than
builds—the state”170 Lastly, a former NGO operative, 17 years in Afghanistan
with Norway Church Aid, Mohammad Ehsan Zia, now Afghanistan’s Minister
of Rural Rehabilitation and Development, asks: “Do non-governmental agen-
cies really want Afghanistan to get off its knees, no longer reliant on the interna-
tional humanitarians bountiful? It is a loaded question. After all, that would put
them out of business, redundant to Afghanistan’s emerging—as hoped—self-
| 109
167 J. David Stanfield, Privatization of International Development Assistance Stirs Resentment
in Afghanistan (Mount Horeb, WI: Terra Institute, Ltd., 2006), 1. Cited hereafter as Stanfield,
Privatization.
168 ANIS, “Expulsion of Afghan Refugees: A Wave of Poverty and Unemployment,” ANIS
(Companion) State-Run Daily Newspaper (Kabul, Afghanistan), 3 March 2007.
169 Lalit K. Jha, “Minister’s Call for Aid Effectiveness Upsets U.S. Official,” Pajhwok Afghan
News, 21 April 2007, URL: <http://www.afghanistannewscenter.com/news/2007/april/
apr212007.html#19>, accessed 14 September 2007.
170 Rubin and Hamidzada, “From Bonn to London,” 23.
determination... NGOs seem very much in competition with the government.
Why? Because business as usual suits them very well.”171
Behind all these changes in foreign aid lies the simple notion that govern-
ment is less efficient than private companies, which, in competition with each
other for contracts, develop agile, cost-effective structures. Thus, goes the logic,
taxpayers’ money would be spent more effectively through contracted firms.
But in reconstructing Afghanistan, flaws in the principle have been exposed.
Businesses are in business to turn a profit; NGOs, too, must justify their contin-
ued existence. Public service is not the priority. Stanfield, who understands the
negative effects of corporate privatization of development assistance, fostering
paternalism, undermining the legitimacy of the GoA, and slowing the country’s
reconstruction, also suggests a way out of the conundrum:
This model is also defective from an effectiveness perspective. The corporate
managers of development assistance under this privatized corporate
model determine “what is better to do” about development problems by
calculating “what is better for their foreign corporate profits,” and not what
is better for the countries which should be benefiting from development
assistance...A drastic re-thinking of the structure of foreign assistance is
urgently necessary. One direction of this re-thinking is for development
assistance to build the capacity for its own administration in the local
governmental and non-profit sectors, including local universities.172
For this to happen, two major developments must occur in U.S. R&S
efforts. First, the United States must recognize that R&S is inherently a govern-
ment function and designate and resource branches of government to special-
ize in R&S. Second, the USG should begin to aggressively train and maintain
a cadre of R&S expertise: civilian and military, full- and part-time (reservists),
with a robust emphasis placed on land administration skills.
110 |
171 Rosie DiManno, “Aid Groups Wearing out Welcome,” The Star (Toronto, Ontario,
Canada), 23 April 2007.
172 Stanfield, Privatization, 2.
Mobilizing Government to Respond to Land Crises
To project American soft power throughout the world, the State Depart-
ment must take the lead. In 2004 then-Secretary of State Colin Powell created
the S/CRS, but it has been only partially resourced. For example, in 2004 the
Office requested $350 million to build a Civilian Reserve Corps, similar to the
Pentagon’s military reserve, which would deploy civilians with critical nation-
building skills. Congress remitted $7 million. The Pentagon came to the res-
cue; Chairman of the Joint Chiefs of Staff, General Peter Pace, offered $100
million out of Defense’s 2006 budget.173 In 2007, the Office asked for $25 mil-
lion to create a smaller Civilian Reserve Corps, which Congress again denied.
Oddly, “President Bush mentioned the [Civilian Reserve] Corps in his 2007
State of the Union speech, but his fiscal 2008 budget request to Congress the
following month included no money to pay for it. Political experts who are
watching this process say that the Corps is the key, and that its creation comes
close to a make-or-break deal for a partnership between the civilian and mil-
itary wings of the government. It would represent the first real investment
in desperately needed civilian capacity.”174 The Special Inspector General for
Iraq’s reconstruction, Stuart Bowen, “urged the [USG] agencies to focus on
clearly delineating authority and procedures in multi-agency operations and
singled out the S/CRS as an appropriate leader on interagency efforts, and
urged Congress to fully fund it.”175
What would this Civilian Reserve Corps look like? S/CRS can look to
a partner country, Norway, for a model of how to recruit, train, and deploy
“stand-by” civilians to troubled areas of the world. Established in 1991, the
Norwegian Refugee Council’s (NRC) stand-by force of 650 is larger than the
initial 500-person Civilian Reserve Corps planned by S/CRS. NRC emergency
stand-by forces aim to strengthen the UN capacity in emergency situations
and have become one of the most important suppliers of personnel to the UN
and to other humanitarian organizations. Nearly one-third of the NRC stand-
by force is assigned to Special Forces for Human Rights, Democratization,
and Disaster Relief or NORDEM. The proposed U.S. Civilian Reserve Corps
could adopt a model similar to NORDEM. See Appendix D for the tentative
skill mix of the Civilian Reserve Corps, which includes three positions for | 111
cadastre/land administration experts. This may be a start, but realistically it
should be ten times that number to begin a U.S. LTPR community of prac-
176 The University of Oslo, the Norwegian Refugee Council, and the Norwegian Centre for
Human Rights, “Norwegian Resource Bank for Democracy and Human Rights (NORDEM)—A Brief
Presentation,” (Oslo, Norway: 18 May 2005), URL: <http://www.humanrights.uio.no/english/
research/programmes/nordem/>, accessed 15 September 2007.
177 Augustinus and Lewis, Handbook, 9.
• Retrieving and assessing land records.
• Determining the degree of validity of the land records.
• Getting the registry and cadastral services running again.
• Launching mechanisms for the resolution of land disputes.
• Informing the population about the above.
“These tasks require expertise in land records from the twin points of
view of land registries and cadastral registries or maps. More specifically, such
expertise ranges from legal-administrative to survey-technical.”178 Coincidently,
these are the two components that compose the LADM. Astonishingly, training
in the first component is not readily found in U.S. institutions of higher edu-
cation (the Land Tenure Center at the University of Wisconsin—Madison no
longer offers coursework, but focuses on policy analysis). The only aspect of the
legal-administrative side of cadastre that most Americans are familiar with are
real estate valuation and property taxes, and that due only to homeowner expe-
rience. Thus to be effective in land-related R&S operations, USG personnel will
need skills difficult to acquire in the U.S., but obtainable abroad.
Several European programs, at reasonable tuition rates and with English
as the language of instruction, offer specific training in land administration
with field research conducted in developing countries.
• The International Institute for Geo-information Science and
Earth Observation (ITC) is a United Nations University. The
campus in Enschede, the Netherlands, offers 3-week to 18-month
certificate, diploma, and Master of Science degree programs
in Land Administration. See www.itc.nl/education/courses/
landadministration.aspx
• The Technical University of Munich, Germany, offers an
International Master’s Program in Land Management and Land
Tenure as well as short-term training. Three semesters are spent
on campus and conducting field research. The thesis can then
be written from the student’s home country. See http://www.
landentwicklung-muenchen.de/master/index.html
• The Swedish International Development Cooperation Agency (Sida)
offers advanced international training in urban land administration
| 113
in two phases. A four-week training session in Sweden is followed by
distance education from the student’s home country. Months later a
second phase is conducted in a city of the developing world. See www.
swedesurvey.se/files/pdf/Invitation%20Brochure.pdf
Although higher education in the U.S. has few comparable programs (see
Appendix E for the syllabus of Dr. Grenville Barnes’ graduate course in Land
Tenure and Administration at the University of Florida), there are distinct signs
of such courses becoming available. In March 2007, legislation was introduced to
“establish a 5,000-person undergraduate academy, on par with the nation’s [five]
military academies, to inject prestige into public institutions and highlight the
importance of public service.”179 Soon thereafter, Kathy Newcomer, president
of the National Association of Schools of Public Affairs and Administration,
responded with a less expensive alternative, a “virtual academy” that utilizes
existing universities’ resources. The debate is likely to continue for years as to
whether it makes sense to offer an elite civilian counterpart to young people
who want to serve their country outside of the military.180 The further ques-
tion remains: if a civilian service academy were established, would there be
a department or faculty of Foreign Policy/Foreign Assistance? Existing cur-
ricular resources could lay the foundation for new programs, or they could be
114 | immediately implemented by programs of those universities that are already
preparing future civil servants. The new USAID three-day short course, Land
Tenure, Property Rights, and Natural Resource Management-Constraints and
Best Practices,181 and the spectrum of land tenure manuals and studies182 pub-
lished by the Food and Agriculture Organization of the UN, could easily form
the basis for a series of one-semester-hour seminars. Within a Foreign Policy/
Foreign Assistance department, might sequenced LTPR-related courses be
molded into a curriculum? Quite possibly, but those courses must first be
developed.
Perhaps the time needed to establish a civilian service academy, or a
virtual university equivalent, will allow the most-experienced R&S operator,
NATO, to compile the lessons it has learned and develop much-needed R&S
training standards. Despite more than a decade of experience with R&S opera-
tions, NATO has yet to incorporate R&S into its defense planning process and
force requirements planning. Aware of this deficiency, the Atlantic Council of
the United States published a timely policy paper in 2006, How Should NATO | 115
Handle Stabilisation Operations and Reconstruction Efforts? One key recom-
mendation from the paper is the establishment of an explicit NATO R&S mis-
sion, which would, in turn, stimulate the development of appropriate planning
181 USAID, “Land Tenure and Property Rights Vol. 1,” Framework (2007).
182 Food and Agriculture Organization of the United Nations (FAO), Access to Rural Land and
Land Administration after Violent Conflicts 8, FAO Land Tenure Series (Rome: FAO Publishing Man-
agement Services, 2005).
and organizational changes. Another recommendation is for NATO to improve
its R&S planning and coordination with civilian organizations: “The Alliance
should build familiarity, trust, and habits of cooperation with relevant non-mil-
itary institutions prior to operational deployment.”183 Regarding civil-military
cooperation and training, many an alliance member government looks to
NATO for leadership. Especially by inviting civilian participation and obser-
vation in R&S exercises, NATO is uniquely positioned to “lead an effort to
develop uniform standards for all military forces participating in R&S opera-
tions, and to assist in designing the necessary training.... Also, by sharing the
process for creating military standards, NATO may be able to contribute to a
similar effort to establish standards for civilians engaged in R&S.”184
Certainly, NATO’s lessons will play a central part in new initiatives in
the training of LTPR specialists. Possibly more important to the success of
these ventures is the reinstatement of geography as a pillar of the American
education system. If American children are not learning geography in pri-
mary and secondary schools, they are unlikely to understand spatial problems
or to have an interest in geography or related disciplines in either college or
their professional lives.
In August 2007 President Bush signed the bipartisan America COM-
PETES (Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science) Act. The Act helps to “bring back geog-
raphy” by adding the social sciences to the disciplines considered a priority at
the National Science Foundation (NSF). The NSF’s Geography and Regional
Science Program falls under the Social, Behavioral, and Economic (SBE) Sci-
ences Directorate, and the COMPETES Act specifically targets the social sci-
ences as a priority.185 This federal initiative coincides with a renewed interest
in human geography at the high school level. The Association of American
Geographers (AAG) reports:
Advanced Placement (AP) Human Geography test rates for 2006
are up 49% from 2005. This year 20,003 students sat for the exam
which measures performance in college-level AP human geography
courses offered in high schools...The AP Human Geography course is
structured around a syllabus that meets college standards and follows
116 | an outline that parallels college course content, including themes and
models such as globalization, cultural diffusion, and central place
theory...Recent world events combined with the development of
183 C. Richard Nelson, How Should NATO Handle Stabilisation Operations and Reconstruction
Efforts? policy paper (Washington, DC: The Atlantic Council of the United States, 2006), 21.
Cited hereafter as Nelson, Stabilisation Operations.
184 Nelson, Stabilisation Operations, 21.
185 John Wertman, “AAG Washington Monitor,” AAG Newsletter 42, no. 8 (2007): 5.
geographic technologies turned around a decline in geography in the
United States during the latter half of the twentieth century. A holdover
from this decline though was difficulty in recruiting majors, due to
the lack of geography knowledge of incoming freshman...AP Human
Geography has opened up a new world for over 50,000 students in the
past six years, and we expect an increasing number of these students
to continue their geography education in college.186
AAG President Kavita Pandit desires more geography majors to study
abroad. “As a discipline we still have not embraced study abroad as a key com-
ponent of geography undergraduate education. Yet there are compelling rea-
sons for us to do so, not the least of which is that study abroad vitally connects
to two long-standing traditions in geography: area studies and field work.”187
Indeed, in 2003-04, fewer than two percent of enrolled U.S. students studied
overseas. Pandit pitches the benefits of studying geography abroad by describ-
ing the exciting field work and by noting the importance of the global service
learning projects. For faculty members, she touts the opportunities to include
students in their field research. And such opportunities abound: a 2007 NSF
study revealed that 69% of geography departments in the U.S. offer some kind
of international field course for their students.188 Pandit concludes, “study
abroad programs can, therefore, reconnect geographers with our field-based
tradition and help students to develop into truly well-rounded geographical
scholars.”189 The Bowman Expeditions discussed earlier in Chapter 4 ideally
lend themselves to this purpose.
Overall, the growth of geography in secondary and higher education
suggests that America has the potential to become once again, as in Wood-
row Wilson’s day, the envy of the world and a story of success in foreign affairs.
The international community’s efforts in post-conflict nation building are con-
tinually hampered in much the same way as the noble ideals of the UN elude
implementation. The rights-based approach to repatriation and resettlement of
refugees and IDPs must give way to a rule-of-law approach if results are to be
achieved and maintained. For the part of the U.S., civilian and military agencies
must embrace R&S partnership roles that ensure a speedy, effective recovery
in post-conflict societies. Now is an ideal time to change the course of foreign
policy, when geography is on the verge of a return to the center of American
education and culture.
| 117
186 Donald Ziegler and Barbara Hildebrandt, “Advanced Placement (AP) Human Geography
Testing Surges,” AAG Newsletter 41, no. 11 (2006): 4.
187 Kavita Pandit, “Integrating Study Abroad into Geography Higher Education,” AAG News-
letter 41, no. 11 (2006): 3. Cited hereafter as Pandit, “Integrating Study Abroad.”
188 Patricia Solis, Results from Advancing Academe: A Multidimensional Investigation of Geog-
raphy in the Americas (AAMIGA), unpublished report to the National Science Foundation (Arling-
ton, VA: NSF, 2007).
189 Pandit, “Integrating Study Abroad,” 3.
CHAPTER 8:
Conclusion
According to U.S. Government Accountability Office (GAO) figures, the
conflicts in Afghanistan and Iraq have been costing the United States about $70
billion per year, and by 2007, over 4,000 Americans had died in the conflicts.
The loss of life and resources has placed an economic and emotional drain on
Americans. A strategy that can stabilize the Afghan and Iraqi governments and
allow the United States to depart would be beneficial to the American people.
Creating stable, legitimate governments in these and other volatile states is a
goal of American foreign policy.
Though ending conflicts will require many forms of action, one method
that can help to create stability is to place more emphasis on political, economic,
legal, and educational aid. One very specific aspect of this aid is to have selected
U.S. government (USG) agencies focus on land tenure and property rights
(LTPR) in the developing world. This would, possibly more than any other kind
of foreign aid, transform a volatile state into a capable one. Capable, that is, of
maintaining stability by resisting and deterring the violent extremism of non-
state actors through the strength of its civil society.
On January 8, 2001, USAID and the Woodrow Wilson International Cen-
ter for Scholars jointly sponsored a conference in Washington, DC titled The
Role of Foreign Assistance in Conflict Prevention. Eighty experts from USAID,
the State Department, the National Intelligence Council, Congressional staff,
academic institutions, the business community, and non-profit organizations
gathered together “to shape a new vision for foreign assistance by develop-
ing a long-term strategy keyed to conflict prevention and building capable
societies.”190 The terrorist attacks of September 11, 2001, followed by the ongo-
ing military operations in Afghanistan and Iraq, threaten to make conflict pre-
vention a quixotic ideal in foreign policy circles. Yet the accuracy with which
the 80 conference participants presaged, prior to September 11, 2001, how U.S.
foreign assistance in the 21st century must change is most remarkable. The con-
| 119
ference’s six themes were:191
190 USAID and the Woodrow Wilson International Center for Scholars, “The Role of Foreign
Assistance in Conflict Prevention,” conference report (Washington, DC: 8 January 2001), URL:
<http://www.usaid.gov/pubs/confprev/>, accessed 6 September 2007. Cited hereafter as
USAID, “The Role of Foreign Assistance.”
191 USAID, “The Role of Foreign Assistance.”
• Recognize the importance of conflict prevention.
• Expand the definition of national security.
• Construct capable states.
• Build local capacity.
• Engage multiple actors.
• Develop better mechanisms for collaboration.
This book, by offering a rationale and a model for registering the human
terrain, a key, singular application of American soft power, gives much-needed
impetus to the 2001 conference’s purpose: to re-examine “traditional concepts
of national security to embrace a broader spectrum of political, economic, and
social issues that will have a direct impact on the core needs of the American
people.”192 The following recommendations enhance the conference’s leitmotif
by specifying a whole-of-government effort to strengthen LTPR in volatile areas
of the world instrumental to U.S. national security.
• Recognize the importance of land in conflict prevention. As
should be clear from this book, land issues are often at the epicenter
of violent conflict around the world, a dimension at times lost on
U.S. policymakers. For half a century American institutions of
secondary and higher education have not emphasized geography
and have all but ignored land issues. The post-Cold War period has
been marked by few foreign policy, and fewer post-conflict nation-
building, successes. The USG must recognize anew the importance
of registering the human terrain. A land registration system, with
its dispute resolution component, can prevent or lessen conflict
by bringing simmering land and property disputes into the public
forum and recording the resulting local adjudications.
• Expand the definition of national security to include security of land
tenure. Under the feudal king described in Chapter 3, holding land,
not necessarily owning it, enabled the rise of stable nation-states that
understood that peace is more conducive to prosperity than is war. By
the same token policymakers must understand that a nation will never
be secure as long as its citizens’ LTPR are not, and the insecurity of
120 | other nations erodes U.S. national security.
Specifically, commit to win the peace as much as to win the war by
aiding other countries to build land information systems and the
human resources capacity to maintain them. Where a cadastral
system is in use, rule of law is evident, and, according to International
Federation of Surveyors (FIG) President Stig Enemark, “the system
• Build local capacity in resolving land conflict. Stanfield noted that | 121
in rural Afghanistan “a local consensus exists about the rights people
have to land, and that local definition is the starting point to define
193 International Institute for Geo-Information Science and Earth Observation ITC, “Land
Administration: The Path Towards Tenure Security, Poverty Alleviation and Sustainable Develop-
ment,” paper presented at the ITC Lunstrum Conference: Spatial Information for Civil Society,
14-16 December 2005 (Enschede, The Netherlands), 17.
194 Stanfield, “Community Recording.”
rights and rules.”195 The Rural Lands Administration Project, the
International Land Coalition, and the first Bowman Expedition were
three cited examples of soft power wielded by a government foreign
aid agency, an NGO, and academia that facilitated local capacity and
spread goodwill. Exciting new tools are being developed that facilitate
these works. The Land Administration Domain Model (LADM) is
the first viable cadastral model to incorporate informal, customary
land claims and records into a comprehensive land registry so that the
institutions of civil society, even the shuras and jirgas of Afghan society,
can apply the rule of law. The LADM’s distributed data environment
offers communities the opportunity to record land rights and interests
and resolve disputes themselves. When the central government
develops the capacity for a regional or national land information
system, local communities can be confident that their land records
will integrate into the larger system.
• Engage multiple actors in land-related R&S. Intervening military
forces must be prepared to retrieve and assess land records, and in
some cases, begin determining the degree of their validity. Within 30
to 60 days, a hand-off of land administration tasks from military to
deployed R&S civilian personnel must occur. The transition from post-
conflict R&S to long-term sustainable development will require years,
if not decades, and thus a host of civilian specialists (USG employees,
contractors, NGOs, academics and students) to work the legal issues
and, as in the case of post-conflict Cambodia from Chapter 5, train
nationals in cadastral surveying and land administration.
• Develop better mechanisms for collaboration. National Security
Presidential Directive 44, mandating civil-military cooperation in
R&S, is in early development. But without resources, this directive’s
ideals cannot be realized: the State Department Office of the
Coordinator for Reconstruction and Stabilization (S/CRS) must
be fully funded immediately and assume its whole-of-government
R&S coordinating role. The number of property law/cadastre experts
within S/CRS’s Civilian Reserve Corps must increase tenfold from
three to 30.
122 |
In the key area of training, this book goes beyond the themes of the confer-
ence. Much of the world’s current LTPR expertise resides in Europe, and those
resources need to be tapped immediately. USG agencies should aggressively
recruit from, and offer training and related experiences abroad to their current
employees to build geographic expertise, especially in land administration.
For example, agencies should offer recruitment bonuses to graduates of
the International Institute for Geo-information Science and Earth Observation
(ITC), the Technical University of Munich, and participants in Swedish Inter-
national Development Cooperation Agency (Sida)-style experiential programs
who enter USG service. Many USG agencies offer long term graduate school
training to competitively selected employees. The parochial mindset that lim-
its long-term training to classrooms in U.S. institutions must end. Agencies
should send their R&S personnel to foreign institutions for long-term train-
ing in LTPR and on field-based geographic research and Bowman-type expedi-
tions abroad. Just as U.S. colleges and universities responded to a government’s
need for homeland security degree and certificate programs following the ter-
rorist attacks of September 11, 2001, once the need is articulated, LTPR educa-
tion programs will likewise be established in the U.S. A whole-of-government
emphasis on LTPR enables a new direction in U.S. foreign policy to focus on
conflict prevention and the construction of capable states. With an agile, well-
trained, highly coordinated set of USG agencies aiding other nations to register
the human terrain, American foreign policy can contribute to building a stable
world where more people enjoy the benefits of secure property rights.
| 123
ACRONYMS
First
Chap. w/
Acronym Term term
3-D Defense, Development, and Diplomacy 7
AAG Association of American Geographers 4
ADB Asian Development Bank 5
AFREF African Geodetic Reference Frame 6
AGCHO Afghan Geodesy and Cartography Head P*
Office
AGS American Geographical Society 4
AP Advanced Placement 7
AREU Afghanistan Research and Evaluation Unit 3
CARE Cooperative for Assistance and Relief 4
Everywhere
COHRE The Centre on Housing Rights and Evictions 2
COMPETES Creating Opportunities to Meaningfully 7
Promote Excellence in Technology, Education,
and Science
CRA Cooperation for the Reconstruction of 5
Afghanistan
CREST Contingency Real Estate Support Team 7
DfID U.K. Department for International 5
Development
DNI Director of National Intelligence 2
DW Development Workshop 5
EMG Emerging Markets Group 5
ESRI Environmental Systems Research Institute, 4
Inc.
EU European Union 7 | 125
EU-INSPIRE Infrastructure for Spatial Information in 6
Europe
FAO Food and Agriculture Organization of the 5
United Nations
FARC Revolutionary Armed Forces of Colombia 4
FIG International Federation of Surveyors P*,1
*In third column P is for Preface.
ACRONYMS (Continued)
First
Chap. w/
Acronym Term term
GGE Geodesy and Geomatics 7
GoA Government of Afghanistan 3
GOTL Government of East Timor 7
GPS Global Positioning System 4
GTZ Gesellschaft für Technische Zusammenarbeit 2
HLP Housing, Land, and Property 3
IC Intelligence Community 4
ICLA Information Counseling and Legal Aid 5
IDB Inter-American Development Bank 7
IDP Internally Displaced Persons 1
ILC International Land Coalition 4
ISO International Standards Organization 6
ITC International Institute of Geo-Information P*
Science and Earth Observation
KCLIS Kosovo Cadastre and Land Information 5
System
KU University of Kansas 4
LADM Land Administration Domain Model 1
LAS Land Administration System 5
LIS Land Information System 5
LMAP Land Management and Administration 5
Project
LTERA Land Titling and Economic Restructuring of 5
Afghanistan
LTPR Land Tenure and Property Rights P*
126 |
MNF-I Multi-National Force-Iraq 4
NATO North Atlantic Treaty Organization 1
NGA National Geospatial-Intelligence Agency P*
NGO Non-Government Organization 1
NORDEM Norwegian Special Forces for Human Rights, 7
Democratization, and Disaster Relief
*In third column P is for Preface.
ACRONYMS (Continued)
First
Chap. w/
Acronym Term term
NRC Norwegian Refugee Council 5
NSPD National Security Presidential Directive 1
NWIP New Work Item Proposal 6
OAS Organization of American States 1
ODNI Office of the Director of National Intelligence P*
OGC Open GIS Consortium 6
PROCEDE Program for Certification of Ejidal Rights and 4
Titling of parcels
PRT Provincial Reconstruction Team 3
R&S Reconstruction and Stability 1
RLAP Rural Lands Administration Project 5
S/CRS State Department Office of the Coordinator 7
for Reconstruction and Stabilization
SBE Social, Behavioral, and Economic 7
Sida Swedish International Development 7
Cooperation Agency
TFR Total Fertility Rate 3
U.S. United States 3
UML Unified Modeling Language 6
UN United Nations 1,2
UNDP United Nations Development Program 2
UNECE United Nations Economic Commission for 2
Europe
UN-HABITAT United Nations Human Settlement Program 5
UNHCR United Nations High Commission on 2
Refugees | 127
UNMIL United Nations Mission in Liberia 7
USAID U.S. Agency for International Development P*,1
USG United States Government P*,1
WB World Bank 7
WWII World War II 4
*In third column P is for Preface.
APPENDIX A:
México Indígena Project Cycle
| 129
APPENDIX B:
AGCHO Cadastral Survey Forms
| 131
APPENDIX B (Continued)
(Revised Form 6)
132 |
APPENDIX C:
Engineer Safar’s Three-Level
Strategy
Engineer Safar suggested a three-level strategy for establishing a land administra-
tion system in Afghanistan:
1. Improve the technical capacity for mapping property
Introduce the teaching of modern information and
°
communication strategies in technical institutes. The FIG could
be asked to design the content of the new curricula.
Provide equipment and working tools for training with these
°
technologies and encourage their acquisition by the private and
public sectors
i. Rural
ii. Urban
iii. Combine Cadastral Survey and Amlak property informa-
tion of Cadastre and Amlak into land registration information
system for support of local recording offices.
b) Property Tax Unit for supporting the local assessment and collection of
property taxes, urban and rural land parcels.
c) Training Unit for Land Registration and Cadastre and Property Tax
Units
f) Land Inventory Unit, which will work with priority areas to estimate the
approximate areas of different types of land: irrigated, orchard, cultivated
rain fed, pasture, forest.
SKILLSET YEAR 1
Policing 38
Police/Police Advisers 228
Crime Prevention Function 0
Command and Control [Including senior ministry advisor(s)] 9
Criminal Investigations Function 21
Emergency Services Experts (SWAT, Civil Disorder) 12
Evidence Collection Experts 2
Evidence Analysis Experts 2
Information Management Function 3
Internal Investigations Function 3
Police Legal Advisor Function
Maintenance Function 6 | 135
Narcotic Interdiction/Investigation Function 6
Operational Communications Function 6
Patrol Function (including some border patrol)/mentor 120
Personnel Administration Function 3
Planning Function 3
Public Information/Outreach Function 3
Purchasing and Supply Function 3
APPENDIX D (Continued)
Records Function 3
Traffic Function 7
Training Function 12
Weapons Registration Experts 2
Forensic Laboratory Function 2
Explosive Incident Response
Firearms Proliferation and Interdiction
Counter-terrorism Function
Special Investigative Function
Intelligence Based Development
Border Integrity 10
Border Patrol (enforcement) advisors 6
Customs (regulatory) advisors 2
Immigration (regulator) advisors 2
Corrections 28
Senior Ministry Advisors (organizations, system, capacity experts) 3
Physical security expert and Prisoner Classification 3
Logistical expert 2
Records/legal expert (sentence calculation, court hearing
schedule, access to legal counsel, treatment of prison) standards) 2
Medical expert 2
Facilities, planning, construction 3
Security threat group/Riot Control 3
136 | Finance/human resources training 2
Training director 2
Transportation administrator 2
Security/prisoner management supervisor 4
APPENDIX D (Continued)
Justice System 75
Prosecutorial Function 9
Prosecutors (general practice- likely local and state backgrounds) 5
Senior Ministry Advisers 4
CJS integration specialists (see top)
Specialized Prosecutorial Functions 15
Money laundering 3
Terror Related-Financing, etc 3
Organized Crime 3
Trafficking in Persons 2
Narcotics interdiction and investigation 2
Anti-corruption experts (criminal and civil penalties) 2
Court Functions 29
Magistrates (trial and investigative) 3
Judges (trial and appellate) 11
Senior Ministry Advisor 3
Court Administrators (incl Senior organizational court experts) 4
Adjudication training experts, etc 2
Judicial Security/Witness Protection 1
Personnel Security/ Judges 1
Facility Security-Courthouses 1
Mediation/Alt dispute resolution experts 3
Defense 4
Defense/Advocacy attorneys 4
| 137
War Crimes 6
War Crimes Forensic Experts 2
Remediation/Reparations experts 2
Human Rights/Anti-Corruption Experts (10) under DG
APPENDIX D (Continued)
War Crimes/Crimes against humanity/genocide 2
Monetary/Economic Stability 11
Monetary Policy Advisor 4
APPENDIX D (Continued)
Banking Advisor 5
Tax Policy Advisor
Fiscal Policy Advisor
Budget Formulation/Execution Advisor 2
Health 27
Public Health/Med Reconstruction Team Leader 1
Public Health/Med Reconstruction Deputy and Donor Coordinator 1
Public health service delivery 5
Surveillance, epidemiology, HIS 4
Pharmaceuticals, commodities & equipment 4
Human Resources assessment/planning 1
IDP & Refugee and Humanitarian Assistance Coordinator 2
Inspection-food, water and environment 1
Medical Service: capability assessment, planning and management 2
Health System Financial management 1
Security and Safety Officer 2
Public Information Officer-Communications Liaison 1
Logistics 2
Education 12
Institutional Capacity Building Expert 3
Vocational/Life Skills Education Expert 3
Refugee/IDP Education Expert 3
Social Service Support Coordinators 3
| 139
DEMOCRACY AND GOVERNANCE 50
Elections Advisors 3
Urban Planning/City Management 12
Human Rights and Humanitarian Protection 6
Anti-Corruption (Advocacy, disclosure, transparency, ethics) 2
APPENDIX D (Continued)
Conflict/Transition Officers 4
Public Administration 4
Leadership Development Specialists 2
Civil Society Advisor 3
Legislative Advisor 2
Media Advisor 4
Security Sector Reform 4
Rule of Law Advisors 4
Political Party Development Advisor
TOTAL 500
Source: Suggested skills mix courtesy of Interagency Civilian Response Task Force, Office
of the Coordinator for Reconstruction and Stabilization (S/CRS), U.S. Department of
State.
140 |
APPENDIX E:
University of Florida
Land Tenure and Administration
Course Syllabus
University of Florida
http://www.geomatics.ifas.ufl.edu/courses/SUR6427/index-6427.htm
Land (and resource) tenure provides a unique window into both social and eco-
logical systems and is recognized as a key element in the battle for sustainability.
In this course we will examine the historical origins of the idea of property and
explore current land tenure and property issues in various parts of the globe.
Students will be required to read assigned references, review certain films, and
attend and actively participate in class discussions.
COURSE OBJECTIVES
• To familiarize students with the range of current land tenure and
property issues that are being faced in Latin America and elsewhere
with respect to conservation, development, indigenous territories,
common pool resources, natural resource management and gender
equity.
• To critically examine development policy as it is reflected in approaches
to land tenure and administration. | 141
• To understand non-western approaches to property and how these are
accommodated within western legal systems
• To familiarize students with processes used to formalize land tenure
into modern property systems
CONTENT
1. Review of Major Schools of Property Theory
2. Roman Law, Civil Law and Common Law Systems (TA)
3. Overview of Land Tenure Issues in Latin America
a. Indigenous Land Rights (JMR)
b. Social Function of Land (TA)
c. Human Right to Property (TR)
d. Gender Issues (CDD)
e. Poverty alleviation
f. Conservation (Amazon)
4. The Mabo Case and Australian Native Title
5. Customary Tenure in Africa
6. Formalizing Property Rights
7. Evolution of Common/Communal Property Systems
142 |
8. Land Tenure and Parks (BC)
9. Land Reform (market-assisted vs state imposed)
10. Tenure, Resilience and Social-ecological systems
TA=Tom Ankersen; BC=Brian Child; CDD=Carmen Diana Deere; TR=Thomas
Ruppert; JMR=Jerry Riverstone
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BIBLIOGRAPHY (Continued)
Bäckstrom, Lennart. “Look at Ethiopia! A Simplified and Result
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Ballenstedt, Brittany R. “Universities Propose Alternative to Public Service
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Boguslawski, George. U.S. Army Corp of Engineers. Phone interview by
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Bose, Srinjoy. “Afghan Refugees in Pakistan: An Uncertain Future.”
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| 155
ABOUT THE AUTHOR
Douglas Batson is a political geography analyst at the National Geospatial-
Intelligence Agency (NGA), and is a staff member to the Foreign Names
Committee of the U.S. Board on Geographic Names. He holds a Master of
Education degree from Boston University, the German Language Diploma of
the Goethe-Institut, and a Bachelor of Science in geography, earned entirely
by examination, from Excelsior College in Albany, New York. He is a National
Certified Counselor and previously worked in human resources capacities
with the U.S. Geological Survey and the U.S. Department of Justice. Batson
retired from the U.S. Army Reserve in 2004 following a career in which he was
awarded the Bronze Star during Operation DESERT STORM and the War
on Terrorism Service Medal following the attacks of September 11, 2001. His
military schools include the Mapping, Charting, and Geodesy Staff Officer
Course and the Defense Language Institute for Turkish. He has keen interests
in the regional geography and toponomy of the Turkic-speaking world. This
book is the product of his work as a 2006 ODNI Research Fellow. The author
can be contacted at [email protected].
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ABSTRACT IN FIVE LANGUAGES
English
Land is often a significant factor in widespread violence and is also a critical
element in peace-building and economic reconstruction in post-conflict
situations. This book examines how cadastral information (land and property
records) can predict threats to regional stability, world peace, and national
sovereignty. Beyond its application to the refugee situation six years into
Afghanistan’s reconstruction, cadastral data can also aid in recovery from natural
disasters or wars. The book considers how causes of 21st century conflicts are
related to land questions, and it introduces a new land administration tool.
Significant inventiveness on the part of Lemmen, Augustinus, van Oosterom, and
van der Molen has resulted in the Land Administration Domain Model (LADM).
The LADM is compelling because it makes explicit various types of land rights,
restrictions, or responsibilities. It is flexible enough to record both Western-style,
registered land rights and customary, informal socio-tenure relationships typical
of the developing world. In a word, the LADM aspires to address the myriad
land issues faced by civil-military Reconstruction and Stability personnel in post-
conflict societies. It merits close attention by NATO, the U.S. State and Defense
Departments, and USAID because it represents one of the most important tools
for countries where land administration has been weak or totally absent.
German
Land ist oftmals ein wesentlicher Faktor für das Aufkommen gewalttätiger
Auseinandersetzungen und bildet ein wichtiges Element für friedensschaffende
Maßnahmen und den wirtschaftlichen Wiederaufbau unter Bedingungen einer
post-Konflikt Situation.
Dieses Buch untersucht in welcher Weise ein Kataster über Landbesitz die
Bedrohungen für regionale Stabilität, nationale Souveränität und den Weltfrieden
vorhersagen kann. Darüber hinaus wird gezeigt wie ein derartiges Kataster
auch die Regeneration von Naturkatastrophen und Kriegen unterstützen kann, | 159
verdeutlicht am Beispiel der Rückkehr von Flüchtlingen nach Afghanistan.
Das Buch betrachtet die Zusammenhänge zwischen Land und den Konflikten
des 21. Jahrhunderts. Zu diesem Zwecke wird auch ein neues Analyseinstrument
eingeführt: die innovativen Bemühungen von Lemmen, Augustinus, van
Oosterom, und van der Molen haben das so genannte “Land Administration
Domain Model” (LADM) hervor gebracht. Dieses Modell betritt neue
Ufer indem es die vielfältigen Arten von Landrechten, Restriktionen und
Verantwortlichkeiten explizit integriert. Darüber hinaus beweist es Flexibilität
und kann sowohl für westliche Systeme offizieller Landtitel nutzbar gemacht
werden als auch traditionelle und informelle Systeme, wie sie vornehmlich in den
Ländern des Südens auftreten. Anders formuliert, das LADM strebt danach den
zahllosen Landproblemen mit denen der zivil-militärische Wiederaufbau weltweit
konfrontiert ist mit einer zentralen Lösung entgegen zu treten. Das Modell
verdient die ungeteilte Aufmerksamkeit von NATO, den US-amerikanischen
Verteidigungs— und Entwicklungsbehörden (USAID)—weil es eines der
wichtigsten Werkzeuge für den Aufbau von Landverwaltungen überhaupt
darstellt, und das insbesondere in Ländern wo diese nicht funktionieren oder gar
nicht vorhanden sind.
Dutch
Land is enerzijds vaak een wezenlijke factor in het ontstaan van gewelddadige
conflicten maar is anderzijds een kritiek onderdeel bij vredesonderhandelingen
en economische wederopbouw in de omstandigheden na een conflict.
In dit boek wordt onderzocht op welke wijze kadastrale informatie gebruikt
kan worden bij voorspelling van bedreigingen in regionale stabiliteit, nationale
soevereiniteit en de wereldvrede. Verder wordt getoond op welke wijze een
dergelijk gebruik van kadastrale data kan helpen bij herstel na natuurrampen
en oorlogen. Dit wordt verduidelijkt met een voorbeeld van de situatie van
vluchtelingen de afgelopen zes jaar in Afghanistan.
In deze verhandeling wordt nagegaan op welke wijze de oorzaken van conflicten
in de 21e eeuw landgerelateerd zijn. Voor dit doel wordt ook een analyse
instrument geïntroduceerd. De intensieve bemoeienissen van Lemmen,
Augustinus, van Oosterom en van der Molen hebben geresulteerd in het “Land
Administratie Domein Model” (LADM). Dit model is aantrekkelijk omdat het
de veelzijdigheid van landrechten, restricties/belemmeringen in landrechten
en gekoppelde verantwoordelijkheden omvat. Verder is het model flexibel
genoeg om zowel de in de westelijke landen gebruikelijke landrechten als ook
de gewoonterechten en informele rechten - zoals traditionele rechten in minder
160 | ontwikkelde landen te registreren. Anders geformuleerd: het LADM wil een
gedeelde bewaarplaats mogelijk maken voor de talloze landgegevens, waarmee
de civiel-militaire wederopbouw werkers wereldwijd worden gekonfronteerd.
Het model verdient de aandacht van de NATO, het Amerikaanse Ministerie van
Defensie en de Amerikaanse ontwikkelingsautoriteit (USAID), omdat het een
van de belangrijkste hulpmiddelen van landadministratie vertegenwoordigt,
en wel in het bijzonder in landen waar deze administratie niet funktioneert of
afwezig is.
French
Le terrain joue souvent un rôle important pour la violence répandue; c’est aussi
un élément critique de l’établissement de paix et de la reconstruction économique
post-conflits. Ce livre traite comment les informations cadastrales (les documents
de terrain et propriété) peuvent prédire les menaces à la stabilité régionale, à la
paix mondiale, et à la souveraineté nationale. Au-delà de son application à la
situation des réfugiés après six ans de reconstruction en Afghanistan, les données
cadastrales peuvent également aider à la récupération de catastrophes naturelles
ou de guerres. L’argument examine comment les causes des conflits du 21ème
siècle sont liées au terrain, et il introduit un nouvel outil pour l’administration
du terrain. Une créativité significative de la part de Lemmen, Augustinus, van
Oosterom, et van der Molen a produit le Model de la Domaine de la Gestion
Foncière (Land Administration Domain Model - LADM). Le LADM est
irrésistible parce qu’il spécifie les types différents de droits, des restrictions ou des
responsabilités de terrain. Il est suffisamment souple pour enregistrer aussi bien
les droits de terrain inscrits de style occidental, que les relations socio-titulaire
coutumières et simples, typiques du monde en développement. Tout simplement,
le LADM aspire d’être un répertoire pour les problèmes innombrables de terrain
rencontrés par le personnel civil-militaire de Reconstruction et de Stabilité en
sociétés de post-conflits. Il mérite la plus grande considération par l’OTAN, les
Départements d’État et de la Défense des Etats-Unis, et par l’USAID, parce qu’il
représente l’un des outils les plus importants en cours d’élaboration pour faciliter
la gestion de terrain dans les pays où elle a été faible ou tout à fait absente.
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