Land& Conflict THEMATIC GUIDANCE NOTE 02 INTEGRATING CUSTOMARY TENURE INTO FORMAL SYSTEMS Thematic Guidance Note on Land & Conflict Disputes over land access and control often escalate into violence and conflict leading to dispossession and forced displacement within and across borders. Estimates indicate that 56 percent of conflicts are related to land and that most conflicts take place in developing countries. At the end of 2015, 95 percent of the 65 million refugees and internally displaced people were living in developing countries. The central role of land to livelihood, identity and power, most notably in rural-based economies explains why disputes over access and control of land frequently escalate into armed conflict and mass displacement. This Note is part of a series of World Bank Thematic Guidance Notes on land and conflict that present key issues, challenges and guiding principles to address land tenure issues in conflict and post-conflict environments. The three Notes in the series are: 01. Restitution, Compensation and Durable Solutions to Displacement and Dispossession 02. Integrating Customary Tenure into Formal Systems  03. Protecting and Strengthening the Land Tenure of Vulnerable Groups The audience for these Notes is both laymen and practitioners who are preparing a project or program in a conflict or post-conflict setting, including multi-lateral and bi-lateral institutions, governments, NGOs and others. These Guidance Notes seek to provide guidance on where to start and what questions to ask, not to be an exhaustive ‘how to’ for land and conflict issues. While these Notes are meant to stand alone, they are inter-related and may cross-reference relevant material from other Notes. Issue and Why It is Important Why transition from customary to formal tenure? In many developing countries, land use, access and transfer is mostly regulated customarily or informally, without legal recognition from state authorities. This situation is widespread in rural areas. In situations of conflict and displacement, the restitution of land and housing held under customary tenure is made more difficult due to the absence of formal ownership documentation. The issue of formalization of housing and land use can therefore arise in the context of a response to situations of forced displacement. The non-recognition of rural customary land rights or urban housing rights exposes the rights-holders to tenure insecurity, land disputes, forced evictions or dispossession. In urban settings, rapid and uncontrolled urbanization often result in the development of informal settlements where an increasing number of people reside in hazardous situations and living conditions with limited access to services. Conflict and influx of forcibly displaced people to these settlements exacerbate existing difficulties. Formalization processes aim at determining the types of informal or customary land and housing rights that should be legally recognized, protected and integrated into a framework acknowledged by formal authorities.1 The objective is to reinforce tenure security by providing state guarantees to recognized rights, and to limit the disconnect between the legality and the reality of land use, access and transfers. This process can be referred to as formalization, integration or harmonization. The other reason for supporting recognition of customary rights is its impact on the economy and poverty reduction. The risk of eviction resulting from insecure tenure hinders economic development by limiting access to credit and investments to improve land productivity and housing conditions. This insecurity has a negative impact on poverty reduction and on rights such as the right to an adequate standard of living and the related rights to food and adequate housing. 4 A formalization process implies a clarification of the relation between the customary system and the statutory one. The legal recognition of legitimate tenure rights previously not protected by law, a first step of the formalization process, is considered as an element of responsible governance of tenure by the FAO guidelines.2 The relation between the customary and statutory system resulting from the formalization process can take various forms: •• Codification of rights: community land rights are systematized, given a legal definition and converted into formal land rights such as a property titles, which are authenticated and guaranteed by the state. This approach has been criticized for lacking the flexibility and adaptability of customary land rights. It creates a risk for the codified right to become disconnected to reality if the practice evolves. However, it can also protect the rights of vulnerable groups when those are not adequately guaranteed by local systems. •• Registration of local land rights without codifying them. The registered rights can be individual, at the household level or collective. •• State-sanctioned administrative bodies fully or partially replace the role of traditional authorities in land administration and dispute resolution (Uganda, Botswana).3 •• Traditional governance institutions are allowed to continue to administer land according to customary practices as in Mozambique.4 •• Responsibility for land administration and dispute resolution is attributed to locally based hybrid bodies including local governments, traditional chiefs and representatives of the community. Locally based and socially legitimate institutions are usually the preferred option in terms of cultural adequacy, accessibility, cost and sustainability. 5 Issue and why it is important- continued What is customary tenure and why is it vulnerable? Tenure systems determine “who can use which resources, for how long and under what conditions”.5 They can be based on formal written policies and laws as well as on unwritten customs and practices. Statutory tenure refers to land rights legally protected by the state such as freehold, leasehold and rental. Non-statutory tenure is usually not fully recognized/protected by the state and can take various forms: customary (based on a community’s rules), religious, or informal (squatting, unauthorized sub-divisions on legally owned land or various forms of unofficial rental arrangements).6 Even when the role of customary or religious authorities in relation to land is legally recognized, it is often not effectively integrated, codified or monitored, which prevents adequate protection of related land-rights by the state. Non-statutory tenure is widespread and exists in rural and urban areas throughout the world. UN HABITAT estimates that 90 percent of the rural population in sub-Saharan Africa access land and natural resources via legally insecure customary and informal tenure system.7 In urban areas, almost 90 percent of new urban settlements in sub- Saharan Africa are taking the form of slums where land is used according to informal arrangements.8 These forms of tenure are adapted to local needs and recognize a multiplicity of rights to land in a context where urban administration is either dysfunctional or not accessible for most urban poor. Non-statutory tenure is widely used to regulate land use, transfer land, and address disputes. It often enjoys wide social legitimacy. Traditional rules are known by the population, and related institutions are cheap, accessible and decide on disputes in a rapid and conflict- sensitive manner through mediation and arbitration. To preserve social cohesion, decisions are characterized by compromise solutions. However, they tend to reflect and protect existing power relations within the community, which often results in weaker land rights for women, migrants, minorities and marginalized groups. 6 Issue and why it is important- continued The lack of state recognition/protection or adequate integration witin formal systems, combined with the increasing pressure on land has limited the capacity of non-statutory systems to provide tenure security9 in case of disputes. Many factors explain this growing pressure on urban and rural land: •• Population growth •• Increased value of land as a result of greater demand for residential, agricultural, industrial or business use •• Reduced access to natural resources due to: •• Increased enclosure of common lands, and large concessions over customary land for business purposes •• Weather-related events and climate change resulting in drought, soil erosion, and natural disasters In many cases, the growing pressure on land comes from state allocation of public land without taking into consideration the customary or religious land rights of the populations on such land. In the absence of legal recognition, potential claims before statutory courts have little chance of succeeding. Such situations create tenure insecurity and land-related conflicts by exposing weaker individuals and groups to dispossession. In some cases, corruption of customary leaders also leads them to accept encroachment on land therefore contributing to tenure insecurity. Combined with other factors such as political, social and economic discrimination, land disputes can escalate into full-fledged conflict and mass forced displacement. In such cases, dispossession is usually enormous, facilitated by the departure of the displaced, or by the relative security that follows the end of the conflict. The length of displacement, the lack of formal documentation, or the loss of informal land sales or rental agreements and the likely tensions surrounding the return of the displaced makes it particularly difficult to address land disputes in conflictive environments. In this context, converting customary land rights into formal ones has been seen as a way to kill two birds with one stone: address land disputes resulting from the conflict, and consolidate any decisions by giving them formal legal protection.1 7 8 9 Challenges to Formalization in Conflict Environments While there is consensus that providing legal recognition to Reduced access to land for vulnerable groups: customary land rights and formalizing them can contribute Formalization programs often focus on main land rights to preventing land-related conflict, opinions diverge as such as ownership and ignore the multitude of other to the modalities.11 Land reforms aimed at converting customary rights to land which can overlap on the same customary land tenure into registered property titles have piece of land. Some of these rights benefit vulnerable been put in place in many developing countries with the groups (women, minorities, or indigenous people)14 objective of improving tenure security by preventing land who are not allowed to have more profitable agricultural disputes, and stimulating economic activity. Such reforms activities but have access to land for their subsistence and often fail to reach the expected results due to a lack of limited commercial activities. Ignoring such rights during adherence and buy-in from the population, exclusion of the process of formalization risks consolidating existing vulnerable groups and biased implementation resulting in discriminations and creates a threat of impoverishment for elite capture and concentration of land. the affected individuals or groups. Such challenges are exacerbated in conflict and Lack of sustainability of land titling programs: In displacement settings: the risk or the suspicion of a conflictive environment, the usual reluctance of the biased implementation is particularly high depending population to change their habits with regard to land on the nature of the conflict, the resentment between may be balanced by the interest to obtain increased different groups, or defiance towards state authority. The tenure security when this has been lacking. However, absence of displaced people from their land during the formalization programs usually require significant implementation of the reform puts them at risk of being de institutional capacity and resources, which tends to be facto excluded if procedures and eligibility criteria are not limited during or after a conflict. adapted to their situation. Using formalization as a form of conflict dispute resolution mechanism in post-conflict: Using TYPICAL CHALLENGES formalization in this way creates the risk of significantly Elite capture: Land tenure systems reflect the distribution delaying the resolution of land disputes and return of of power within the society with the more powerful the displaced. The formalization and titling of customary benefiting from stronger forms of land tenure, while land rights is a lengthy process to design and implement, the more marginalized access land through customary while conflict-related disputes need a rapid resolution to tenure.12 Unless there is a sincere political commitment appease tensions. to protect holders of customary land rights through their formalization, there is a significant risk of corruption and Excluding displaced people and other vulnerable opportunism13 with the political and economic elite groups from the benefit of the formalization programs: designing and implementing the reform in a way that This exclusion can be the result of a failure to inform consolidates its power over land. This can be done by or adapt procedures to the specific circumstances of establishing costly or complex procedures, which will vulnerable groups. It may compromise the participation of be inaccessible to the majority, or by targeting certain displaced populations and other groups in the process. areas where land is particularly valuable and where titling The associated risk is for the transition program to will be done to the benefit of the elite, who will either consolidate the land dispossession that occurred prior to formalize rural family property to its benefit or buy it from or during the conflict by formalizing the right of the current customary land users after formalization. As a result, the occupant. urban educated elite tends to be the one benefiting from formalization process at the expense of rural land holders. 10 11 Guiding Principles In view of the risks mentioned above, the key steps to 2. Identify legitimate land rights to be given legal integrate customary land rights into the formal system are: recognition and protection through wide consultations. •• Assessment of the existing land formalization •• The FAO Voluntary Guidelines on Responsible framework if applicable. Governance of Tenure outline the principles that should guide state legal recognition of land rights: •• Conflict and political economy analysis of the context to inform the determination of the rights to be recognized •• Recognition of tenure rights should not infringe or and legally protected by the process. extinguish other legitimate tenure rights that are not currently protected by law.19 •• Choice of institutions implementing the process and adjudicating disputes. •• No tenure rights are absolute, including private ownership: “All tenure rights are limited by the rights of •• Adoption of procedures that best protect the rights of others and by the measures taken by states necessary vulnerable groups and in particular displaced people for public purposes.”20 •• Definition of responsibilities for land administration •• All tenure rights and right holders should be identified institutions, principles and framework for guiding their before legal recognition whether these rights are action as well as monitoring mechanisms to ensure recorded or not.21 accountability. •• Safeguards should protect women and vulnerable •• Training of individuals in charge of administering or groups holding secondary rights to land.22 adjudicating land issues - key to ensure adequate implementation of the formalization process and •• Recognize and protect collective use and management provide equity and transparency in the resolution of of publicly owned land, fisheries and forests.23 disputes. Types of customary land rights to be registered and Guidance and best practices on land registration already recognized: There can be a wide variety of legitimate exist and can be used in a conflictive environment15. customary land rights overlapping over the same plot These provisions are not repeated here. The following of land. Beyond ownership and lease, there are many section focuses on the aspects that are particularly tenure arrangements such as easements, sharecropping, relevant or need to be adapted to a conflictive as well as many types of access rights to land, fisheries environment. and forests for purposes of hunting, fishing and gathering of wild food or wood. Other rights include transit rights 1. Conduct a conflict and political economy analysis16 of pastoralists, access to water points, grazing rights, examining interactions between land, power, economy and use of land for seasonal cultivation. The diversity of and society: Such an analysis is key to understanding these rights should be recognized and reflected in the the context, the structural and proximate causes of the formalization process so as to protect the legitimate conflict, its relation to land and the power dynamics right holders. at stake.17 The analysis should include a review of the political, legal and institutional framework related to land Since some of these rights are very context-specific as well as actual practices in the formal and informal and vulnerable groups usually hold subsidiary rights, the context. identification of land rights eligible for legal recognition should be done through participatory and inclusive Analysing the land tenure system and the diversity of methods. Depending on the complexity of the matter, there customary land rights provides insight into the power may be a need to separate the recording phase and the relationships within society and helps identify the likely recognition one.24 This separation allows the categorization supporters or challengers to the reform. The combination of rights before determining the type of tenure security to of the political, social, legal and institutional analysis be granted to each rights-holder. can facilitate the determination of the most appropriate approach in terms of mechanisms, procedures and An alternative to individual or household titles recognizing safeguards mitigating the risks identified. It also helps to multiple rights over a single spatial unit, is the granting identify vulnerable groups for whom specific measures of collective ownership, which can protect the diversity need to be adopted in order to protect their rights.18 of land rights within a community or a group in a faster manner.25 This option has been implemented in Mozambique with the objective “to protect small land users against land takings by government for concessions to outsiders.”26 12 13 Guiding Principles - continued 3. Adapt procedures to protect vulnerable groups who Social Tenure Domain Model: The STDM is a pro-poor, tend to have the weakest land rights and are likely to gender responsive and participatory land tool used to have been the most affected by conflict dispossession identify and record the diversity of tenure that exists in and displacement. Additional considerations for various contexts. It has been developed in recognition vulnerable groups in contexts other than formalization of the fact that many social tenure arrangements are not programs are detailed in a specific thematic guidance note taken into account by the statutory system. This omission on the protection of tenure rights for vulnerable groups. hinders their protection and affects the relevance of land and urban development plans. The various forms of tenure 4. Use participatory approaches to identify non- are recorded through a participatory method involving statutory rights in rural and urban areas. Methods such field observation and consultation with communities. To as participatory enumeration and the Social Tenure Domain limit the costs and length associated with registration Model (SDTM) are particularly adapted to situations of programs, initial maps are based on satellite imagery on complex and overlapping informal rights where little or which boundaries, names of right holders and types of no documentation can be used to prove legitimate land rights are added based on consultations with communities. claims: The data is then confirmed through topographic and GPS Participatory enumeration: Participatory enumeration information. The STDM uses free open source software has been used to identify and map land rights through which can show the various tenure rights existing over consultation with communities. It is a data-gathering the same spatial unit. The data is helpful in preventing process, which is, to a significant extent, jointly designed forced evictions in urban areas by providing a better and conducted by the people who are being surveyed.27 understanding of the implications of evictions on people’s Civil society organizations, local officials or customary rights. It can also be a first step towards the recognition of leaders can also be included in the process. informal rights, notably as part of a program recognizing non-statutory rights. In relation to displaced populations, If community enumeration is used as the basis for the legal the same remarks as for community enumeration apply. recognition of non-statutory rights, it is a tool that allows building trust into the process of formalization. It also 5. Select areas to be included in the formalization contributes to transparency and empowerment, particularly program in case of phased implementation. Map areas if vulnerable groups are included and power imbalances affected by displacement and decide whether to include adequately managed.28 This in turns contributes to the them in the process with specific measures to ensure the accuracy of the land rights recorded, the support to the participation of the displaced, or exclude such areas from process and its sustainability. formalization until their participation can be adequately ensured. In the meantime, focus on dispute resolution Participatory enumeration has been used in urban and mechanisms in displacement affected areas. rural settings. When used in urban settings, it also serves to identify land rights and the needs in terms of upgrading 6. Choose the institution implementing reform and of housing structures and services.29 Participatory address land related disputes. The type of institution enumeration can be used in displacement contexts to map chosen to implement the formalization process and land rights and facilitate restitution claims or recognition address related disputes will influence the level of of non-statutory rights. This process is easier to do when guarantees provided, its accessibility, and efficiency. the displaced population from the same area has remained together, but it can still be done in case of a dispersed The judiciary will provide maximum guarantees of population as long as the maps initiated in various protection in terms of procedures but the process is likely locations are consolidated. In such cases, the mapping to be lengthy and complex making it less accessible. can be used to prevent or identify abusive formalization Moreover, the judiciary is often ill adapted to mass claims in the place of origin of the displaced. claims situations, which may clog the system and delay restitution. To prevent these delays, a dedicated Court In post-tsunami Aceh (Indonesia), participatory methods chamber dedicated to formalization and related disputes involving owners, their neighbors and village chief were could be created. used to identify destroyed properties and owners. This method facilitated reconstruction while at the same time The use of administrative bodies presents some contributing to land title certification based on community- advantages. Administrative bodies are usually present driven adjudication of land rights.30 throughout the territory. Their procedures are simplified compared to judicial ones and they are more adapted to mass claims. 14 The use of ad hoc mechanisms specifically designed market places.31 Specific measures need to be taken to to implement the formalization or land titling process inform displaced populations about the locations where and related disputes can prevent the overload of other they can submit claims or contest the decisions made. institutions. A body with a mixed composition (customary Areas of displacement can be targeted to that effect. leaders, representatives of local authorities and of different Government institutions should also provide targeted communities) can contribute to build trust and buy-in support to ensure that vulnerable groups benefit from towards the process. specific support to submit their claims. In countries where state institutions are not present Provision of targeted support to assist vulnerable or fully functional at the local level, and rural land is groups in submitting their claims.32 This assistance can held and managed customarily, it may be relevant to be given by supporting civil society organizations and rely on traditional and customary dispute resolution individuals assisting vulnerable groups such as women, mechanisms to assist with the implementation of orphans, migrants, pastoralists, minority or indigenous formalization processes and address related land disputes. people. Training of paralegals can also be an effective tool Formalization processes are often perceived as a threat by in empowering the communities, ensuring participation customary authorities since it often results in a transfer of and exerting a form of monitoring over the process. their role to the state. In this context, they might be open to solutions maintaining a role for them. Requirement of continuous and uncontested use: Usage is a frequent requirement and basis for recognizing Customary authorities provide a cheap, accessible and the legitimacy of a customary land right. However, in rapid solution to address land claims related to the conflict contexts this requirement may exclude displaced formalization process. Their social legitimacy usually people from the benefits of the formalization programs. results in a good enforcement rate of their decisions. Provisions should therefore be included to clarify that These bodies are more familiar than the formal system absence and occupation due to the conflict period should with the overlapping rights that may coexist on the same not be taken into account in determining continuous and land so more likely to acknowledge and protect them. This uncontested use.33 can be particularly helpful in the phase determining which rights should be subject to legal recognition. Requirement to apply to an office where the land is located: This requirement may also de facto discriminate Cooperation with customary authorities may be an efficient against the displaced if the security conditions do not way to design and implement formalization processes allow them to travel to their place of origin, or if they in an appropriate manner. This cooperation can help are uncomfortable to do so. In such cases remote address problems related to insufficient state capacity and applications, or the possibility to apply to any office should presence at the local level, while reinforcing the buy-in of be allowed and mobile registry offices organized to areas the population. However, to limit the influence of power where people are displaced to facilitate their access to play at the local level and the risks of discrimination the program. When security conditions allow, measures to against vulnerable groups or individuals (such as women facilitate the transport of the displaced free of charge to or outsiders), government should establish clear principles their area of origin should be envisaged. to guide the role of customary bodies and put in place an appeal process and monitoring mechanism. Provisional registration of rights and procedure to correct data in the registry: The possibility to adjust data 7. Modalities of implementation and specific for a certain duration period34 can be particularly helpful in requirements in situations of displacement: conflictive contexts and gives more time and opportunities for displaced people and other vulnerable groups to Implement outreach measures towards communities defend their rights, especially if they did not get the and vulnerable groups: Consulting with and informing the opportunity during the initial recording of customary rights. concerned population is key to ensure their participation and motivation but also to defend their rights throughout the process. This outreach can be at the stage of the claims process or when decisions are submitted to public display for quality control. Information on the process and decisions issued should be made available through various media (television, radio, internet), and in public spaces and 15 Guiding Principles - continued Set up dispute resolution mechanisms to address Set up a monitoring mechanism to ensure post-conflict land disputes as a first step, prior to accountability of land administrative bodies: The legal formalization: In the context of forced displacement and political framework should clarify the responsibilities where land occupation is widespread, the resolution of of land administrative bodies (whether these are state- conflict-related property claims needs to be addressed sanctioned bodies, customary or hybrid ones), and the as a priority. Related decisions can then be used as principles guiding their action, notably the principle a basis to confirm customary land rights within the of non-discrimination and the respect of national formalization program once it is operational. The process legislation. Considering past experiences on formalization of identification of the customary rights that will be processes the tendency is to support locally based land recognized as part of the formalization programs can administration and dispute resolution using community- be lengthy and therefore not adapted to the need to based institution. While this presents advantages in terms rapidly address conflict-related claims. If the dispute of cost, and flexibility in local definition of tenure and resolution mechanism is nevertheless integrated within procedures, the decisions of these structures risk being the formalization program, it should be envisaged as an prejudicial to vulnerable groups, as they tend to reflect independent step whereby restitution or compensation local power dynamics. Monitoring by central government decisions can be rendered and implemented before the of local land administration is therefore key to ensure full formalization process is completed. This step will limit transparency, accountability and equitable treatment for delays that arise when the resolution of customary land all.36 The monitoring mechanism should be adapted to disputes are tied to the recognition of such rights. the capacity of state authorities and can be informed by reporting from individuals or civil society organizations Establish and strengthen the capacity of dispute such as paralegals, or by local governments aware of resolution mechanisms for disputes that may arise irregularities. prior to and after the formalization of non-statutory land rights: Envisage hybrid dispute resolution Experience from various post-conflict settings highlights mechanisms mixing customary and formal authorities to that while the recognition of customary land rights is key to increase consistency with national legal standards, protect recovery and to the achievement of durable solutions for vulnerable individuals and groups from discriminatory displaced people, such measures need to be accompanied local dynamics and vested interests, and benefit from the by broader development measures supporting flexibility, accessibility and social legitimacy of customary employment and livelihood, access to services and social systems. Alternative dispute resolutions can promote and economic infrastructure. reconciliation and inclusion, strengthening community and household relations. Representatives of various Examples of recognition of non-statutory land rights in communities or vulnerable groups (women, minorities, urban settings, can also be found in the Guidance Note on migrants, refugees and displaced) should also be the resettlement, restitution and compensation nexus. included in these bodies.35 Training on national legislation and dispute resolution techniques such as mediation, arbitration and negotiation should be given. An appeal to a court, another government-led institution, or an independent institution should be guaranteed therefore providing a form of monitoring. 16 Endnotes 1. Alain Durand Lasserve, Harris Selod, The formalization of urban land tenure 25. ohn Bruce, 25 January 2017, p.32, 54-55 and 67 in developing countries, April 2007, p. 7. Paper prepared for the World Bank’s 2007 Urban Research Symposium, May 14-16, Washington DC 26. John Bruce, 2017 p.54 2. FAO, Voluntary guidelines on the responsible governance of tenure of 27. UN HABITAT, GLTN, Count me in, 2010, p. 7 land, fisheries, and forests in the context of national food security, 2012, 28. IDMC, Home sweet home: Housing practices and tools that support durable paragraph 4.4 solutions for urban IDPs, March 2015, p.56 3. USAID, Integrating customary land tenure into statutory land law, 2008, 29. IDMC, 2015, p.57 p.10 30. Daniel Fitzpatrick, Addressing Land Issues after Natural Disasters: Case- 4. USAID, 2008, p.10 Study (Aceh, Indonesia), 2006, p.4 5. FAO, 2012, iv 31. World Bank, May 2016, p.25-30 6. UN Agency Framework Team for Preventive Action, Land and conflict: 32. For more information on the land rights of vulnerable groups, see World guidance note for practitioners, 2012, p.19 Bank thematic note on Protecting and strengthening the land tenure of 7. GLTN, UN HABITAT, Secure land rights for all, 2008, p.14 vulnerable groups. 8. GLTN, UN HABITAT, 2008, p.4 33. IDMC, Whose land is this? Land disputes and forced displacement in the western forest area of Côte d’Ivoire, October 2009, p.4 9. Tenure security is « the degree of confidence that land users will not be arbitrarily deprived of the rights they enjoy and the economic benefit that 34. World Bank, May 2016, p.40-41 and 44 flow from it » GLTN, UN HABITAT, 2008, p.5 35. For more information on the land rights of vulnerable groups, see World 10. Pinheiro principle 15 recommend to register land rights upon restitution “as Bank thematic note on Protecting and strengthening the land tenure of is necessary to ensure legal security of tenure”. vulnerable groups. 11. John Bruce, Preventing land-related conflict and violence, 25 January 2017 36. Institute for Poverty, Land and Agrarian Studies (PLAAS), Potential and p.31-32 pitfalls of ‘communal’ land tenure reform: experience in Africa and implications for South Africa, by Ben Cousins. Paper for World Bank 12. UN Interagency Framework Team for Preventive Action, Land and conflict: conference on ‘Land Governance in support of the MDGs: Responding to guidance note for practitioners, 2012, p. 19 new challenges’, Washington D.C., USA, 9-10 March 2009, p.11 13. John Bruce, , p.34 and 55 14. For more information on the land rights of vulnerable groups, see World Bank thematic note on Protecting and strengthening the land tenure of vulnerable groups. 15. World Bank, Systemic property registration: risks and remedies, May 2016 16. A political economy analysis looks into the “interaction of political and economic processes within a society: the distribution of power and wealth between different groups and individuals, and the processes that create, sustain and transform these relationships over time.” Collinson Sarah (ed) (2003) Power, Livelihoods and Conflict: Case Studies in Political Economy Analysis for Humanitarian Action. Humanitarian Policy Group Report No 13, Overseas Development Institute (ODI), London. 17. UN Interagency Framework Team for Preventive Action, Land and conflict: guidance note for practitioners, 2012, p. 65 and 69 18. For more information see World Bank thematic note on Protecting and strengthening the land tenure of vulnerable groups, World Bank ADD FULL REFERENCE WHEN AVAILABLE 19. FAO, 2012, paragraph 7.1 20. FAO, 2012 paragraph 4.3 21. FAO, 2012 paragraph 7.3 22. FAO, 2012 paragraph 7.1 23. FAO, 2012 paragraph 8.3 24. World Bank, May 2016, p.56 17 Guidance Note on Land and Conflict: II. Integrating Customary Tenure into Formal Systems Prepared by Barbara McCallin for the Land and Conflict KSB, GSURR, World Bank Group, financed by the Stability, Peace and Security Global Solutions Group and the Land and Geospatial Global Solutions Group Please contact landandgeospatial@worldbank.org for further information. You can find a version of this document on the following website: Land and Conflict KSB, Social Urban Rural Resilience Global Practice