2009年-世界发展银行全球_Land_Tenure_for_Social_and_Economic_Inclusion_in_Yemen___Issues_and_Opportunities_71页_1mb

Summary: Land Tenure for Social and Economic Inclusion in Yemen

Core Content

This report, titled "Land Tenure for Social and Economic Inclusion in Yemen: Issues and Opportunities," examines the current state of land tenure in rural Yemen, focusing on legal, social, and economic dimensions. It highlights the challenges and opportunities for improving land access and rights, particularly for vulnerable groups, to promote inclusive and sustainable development.

Main Points

1. Land and Livelihoods in Rural Yemen

• Yemen is an arid country with very limited arable land.
• Groundwater irrigation is crucial for agriculture, which contributes over 15% to GDP and employs more than half of the working population.
• Social organization is heavily tribal, with shaykhs playing a major role in rural governance.
• Rural culture is patriarchal, and households are typically extended families living in a single compound, farming owned land.
• Over 41,800 scattered hamlets make up the rural population.

2. Property Rights and Land Categories

• Property rights in Yemen are governed by both custom and statute, with shari'a (Islamic law) as the foundation.
• The main categories of land are:
  • State land: Claimed by the government, but often not inventoried, leading to illegal private appropriation. It accounts for around 10% of cultivated land.
  • Privately owned land: Around 84% of cultivated land, but less than 10% of total land. Well-documented but lacks a modern registration system.
  • Religious endowment (waqf) land: About 3–4% of total land, often used for public services and rented to the poor.
  • Communal land: Believed to be owned by tribal communities, but the legal boundary with state land is unclear. It has low economic value.
  • Tenancy: Covers 3–4% of farmed land, with share-cropping being common. Lease terms are becoming longer.

3. Land Legislation

• Key laws include the Civil Code and the Law on State Lands and Real Estate.
• Other laws include those related to land reform, notarial profession, and land registration.
• A new draft land registration law is under consideration in Parliament, reflecting international best practices.

4. Land Access and Markets

• Active land and leasehold markets exist, though they are not well-regulated.
• Land rights are often supported by documents, but registration is limited in rural areas.
• Land tenure security is reasonably strong, reflected in long average terms of parcel possession.
• Land prices are rising, leading to increased competition and landlessness in some areas.

5. Disadvantaged Groups

• Women: Disadvantaged by shari'a inheritance rules, which limit their share to half that of a son. Even modest shares are often not received due to social pressures.
• Youth: Cannot inherit land until their parents pass away and lack capital, limiting their access to land and employment.
• Ethnic minorities and artisans: Face discrimination in land access and ownership, restricting them to menial labor.

6. Land Disputes and Resolution

• Land disputes are common, especially in areas of state land and waqf.
• Courts are perceived as corrupt and inefficient, leading to preference for customary dispute resolution.
• The legal framework for dispute resolution is inadequate, requiring reform to strengthen the rule of law.

7. Key Challenges

• Inefficient administration: Lack of land inventories and clear legal boundaries between state and communal land.
• Land concentration: Due to the absence of harmonization between statutory and customary norms.
• Water access: Customary water regulations are being abandoned without effective alternatives, affecting land use and value.
• Landlessness: Emerging in some areas due to rising land prices and competition, particularly in mountainous regions.

8. Opportunities for Reform

• Land registration: A draft law is under consideration, which could improve land rights documentation and tenure security.
• Legal empowerment: Strengthening the legal framework for property rights, especially for women and vulnerable groups.
• Community participation: Involving local communities in land inventory and management processes.
• Customary institutions: Improving customary land tenure systems to support tenure security and land access.

Key Information

• Land Tenure Categories:

  • State land: 90% of all land, but only 10% of cultivated land.
  • Private land: 84% of cultivated land, but less than 10% of total land.
  • Waqf land: 3–4% of total land, often used for public services.
  • Communal land: 10% of total land, but poorly defined and often misclassified as state land.
  • Tenancy: 3–4% of farmed land, with increasing lease terms.

• Land Market Trends:

  • Active land and leasehold markets.
  • Rising land prices and new water technologies are increasing pressure on small farmers.
  • Illegal land grabbing is a growing concern, especially in coastal and southern regions.

• Disadvantaged Groups:

  • Women face inheritance and access barriers.
  • Youth and minorities are excluded from land ownership and access.

• Land Disputes:

  • Common in state and waqf lands.
  • Courts are seen as corrupt, leading to reliance on customary institutions.

• Proposed Actions:

  • Develop a clear legal framework for communal land.
  • Clarify the definition of "public utility land" (marahek).
  • Implement a comprehensive land inventory with local participation.
  • Improve the notarial and land registration systems.
  • Promote legal aid and awareness programs for vulnerable groups.
  • Conduct a survey on landlessness and its causes.
  • Strengthen dispute resolution institutions.

Conclusion

The report emphasizes the need for legal and institutional reforms to improve land tenure security and promote equitable access to land resources in Yemen. It advocates for a more inclusive and transparent system that supports rural livelihoods, particularly for women, youth, and minorities, and calls for the integration of customary and statutory land laws to ensure sustainable land management and economic growth.