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Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests
in the Context of National Food Security
Case Study – TAJIKISTAN
VGGT Awareness Workshop - Dushanbe, 26 and 27 November 2015
”Policy, Legal and Institutional Framework within the context of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food
Security (VGGT)”
Developed by: Obid Islomov (FAO, consultant)
E-mail: [email protected]
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1. Introduction ....................................................................................................... 4
2. Short overview of agriculture, fishery and forestry sector .............................. 5
2.1 Constitution of Tajikistan...................................................................................... 6
2.2 Land resources and their use ............................................................................. 6
2.3 Forest ................................................................................................................ 10
3. Overview of the current policies related to tenure of land, fisheries and forests in the framework of the VGGT ...................................................................... 11
3.1 Land tenure ....................................................................................................... 11
3.2 Forestry ............................................................................................................. 11
3.3 Fishery............................................................................................................... 12
4. Overview of the current legal framework related to tenure of land, fisheries and forests in the framework of the VGGT ............................................................... 13
4.1 Land tenure....................................................................................................... 13
4.2 Forest ................................................................................................................ 17
4.3 Fishery............................................................................................................... 18
5. Overview of the relevant institutions related to tenure of land, fisheries and forests in the framework of the VGGT ...................................................................... 20
5.1 Land tenure....................................................................................................... 20
5.2 Forest ................................................................................................................ 21
5.3 Fishery............................................................................................................... 21
6. Preliminary screening in terms of constraints and opportunities related to the VGGT – Tajikistan ................................................................................................. 23
7. Recommendations ........................................................................................... 29
8. References ........................................................................................................ 31
9. Annexes ............................................................................................................ 32
9.1 Annex 1: Awareness raising Workshop Agenda ............................................... 32
9.2 Annex 2: Letter of invitation ............................................................................. 34
9.3 Annex 3: List of participants ............................................................................. 35
Acronyms
SCLMG – State Committee for Land Management and Geodesy;
SUERIP – State Unitary Enterprise “Registration of Immovable Property”
LC – Land Code
FC – Forest Code
Majlisi Namoyandagon Majlisi Oli - the lower chamber of the bicameral national parliament.
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1. Introduction
The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (The Guidelines) represent an unprecedented international agreement on the governance of tenure, which places secure access to land, fisheries and forests firmly in the context of food security.
For billions of people in the world, their food security depends on their tenure security. Without secure access to land and other natural resources, people can be forced to live a life of hunger and poverty. In contrast, secure tenure rights may help families to produce food for their consumption, and to increase their income by producing a surplus for sale in markets, and they act as a valuable safety net in times of hardship. However, tenure security often depends on the governance of tenure. Weak governance causes tenure problems, and attempts to improve tenure are affected by the quality of governance.
The Guidelines provide the first global consensus on what it means to improve tenure and its governance. The Guidelines were negotiated in the forum provided by the Committee on World Food Security (CFS) in order to improve tenure security and thereby contribute to improved food security.
The Guidelines are based on an inclusive, transparent consultation process started by FAO and then finalized through intergovernmental negotiations led by the Committee on World Food Security (CFS), and which included the participation of civil society organizations, private sector representatives, academics and researchers, and international organizations. The Guidelines were officially endorsed by CFS at its Thirty-eighth (Special) Session on 11 May 2012.
The Regional Office for Europe and Central Asia (REU) is supporting the implementation of the Guidelines through awareness raising activities in the entire region, starting with regional workshops in 2013. As a next step a series of technical awareness raising workshops in 7 focus countries (Albania, Armenia, Georgia, Kyrgyzstan, FYR Macedonia, Moldova and Tajikistan) on the Guidelines were implemented end of 2015.
The Guidelines put great emphasis on participatory and transparent decision-making. The workshop intends to create a critical mass of informed stakeholders, discuss ways in which they might be implemented and initiate the development of a multi-stakeholder platform. It should also increase ability of government and citizens to understand and administer tenure rights and the processes involved in providing access to and transferring such rights, in accordance with the principles contained in the Guidelines.
This country case study will present a short analysis on the Policy, Legal and Institutional Framework within the context of the Guidelines. It will serve as an input and provide the necessary elements for an informed discussion on the possible application of the Guidelines and eventual recommendations and roadmaps.
The document was elaborated in a two way interactive approach, first a draft country case study was prepared by the national consultant, which presented the findings at a two days national awareness raising workshop in Dushanbe on 26 and 27 November 2015. The workshop counted with the participation of government, academia, civil society and private sector representatives and key-stakeholders. The participants discussed the findings of the draft version of this report presented by the consultant and came up with key development recommendations for the three areas – land, forestry and fishery. After the workshop, the national consultant revised the report and included the comments and results of the discussion during the workshop into the final version of this document.
2. Short overview of agriculture, fishery and forestry sector
Tajikistan is a mountainous and land-locked country that borders Afghanistan in the south, Uzbekistan in the west, Kyrgyzstan in the north, and China in the west. The southern border with Afghanistan is marked along its entire length by two rivers – Panj in its higher course in the east and Amu Darya further west toward Uzbekistan (the name changes in the lower course of Panj after its confluence in south-western Tajikistan with Vakhsh and Kofarnihon rivers rising in the Pamir Mountains to the north). Tajikistan is located in the southern part of Central Asia between 300 and 7,000 m above sea level. Three mountain ranges occupy 93 percent of the land, and approximately half of the country lays at 3,000 m or higher.1
Tajikistan covers a total area of 14,137,685 hectare. The territory stretches 700 km from east to west and 350 km from north to south. It is divided into four administrative regions that are also known as “viloyat” (provinces), which are Sughd and Khatlon, the autonomous province of Gorno-Badakhshan and Republican Subordination Regions. Each region is divided into several districts (rayon), which in turn are subdivided into jamoats (village-level self-governing units, municipalities) and villages.
Food security
The concept of food security was first developed in the 1970s. Food security has acquired a number of meanings over time. Some estimate that approximately different 200 definitions and 450 indicators of food security exist2.
This report is based on a definition that derives from public policy documents that represent the negotiated consolidation of a diversity of states’ views and commitments. The definition of food security most widely used and accepted at present is a complex formulation adopted at the World Food Summit in 1996:
Box 1: Definition of food security, World Food Summit, 1996
“Food security, at the individual, household, national, regional and global levels [is achieved] when all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life”.3
The above widely accepted definition, adopted at the World Food Summit in 1996, points to the following dimensions of food security:
Foo d availability: The availability of sufficient quantities of food of appropriate quality, supplied through domestic production or imports (including food aid).
Food access: Access by individuals to adequate resources (entitlements) for acquiring appropriate foods for a nutritious diet. Entitlements are defined as the set of all commodity bundles over which a person can establish command given the legal, political, economic and social arrangements of the community in which they live (including traditional rights such as access to common resources).
Utilization: Utilization of food through adequate diet, clean water, sanitation and health care to reach a state of nutritional well-being where all physiological needs are met. This brings out the importance of non-food inputs in food security.
1 UNDP, 2003; UNECE, 2004. 2 FAO. 2002. The State of Food Insecurity in the World 2001. Rome; Sage, C. ‚Food Security’, in Page, E. and Redcliff,
M., Human Security and the Environment-International Comparisons (Elgar, 2002), 128, 129. 3 FAO. 1996. Rome Declaration on World Food Security and World Food Summit Plan of Action. World
Food Summit 13-17 November 1996. Rome.
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Stability: To be food secure, a population, household or individual must have access to adequate food at all times. They should not risk losing access to food as a consequence of sudden shocks (e.g. an economic or climatic crisis) or cyclical events (e.g. seasonal food insecurity). The concept of stability can therefore refer to both the availability and access dimensions of food security.
The definition adopted at the World Food Summit 1996 comprises the elements of earlier definitions, but adds ‘safe’ and ‘nutritious’, thus recognizes dietary needs as well as the importance of cultural factors and sees an active and healthy life as the broader goal beyond food security. This definition was refined in “The State of Food Insecurity 2001” as follows: “Food security [is] a situation that exists when all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food that meets their dietary needs and food preferences for an active and healthy life”4 .
Tajikistan as a new developing country tries step by step to adopt abovementioned definition by changing in existing legislation in different area, especially natural recourse management.
2.1 Constitution of Tajikistan The Constitution of 19945 is the main Law of Tajikistan. All laws and legislative acts are based on the Constitution. Article 39 is relevant to economic access to food as it establishes that: “Each person is guaranteed social assistance in old age, in the case of illness, disability, or loss of ability to work, in the case of loss of a provider, or in other cases determined by law.”
Shortage of food is the main cause for increasing of diseases among population, obviously the increased number of needy population has negative impact to the State.
2.2 Land resources and their use6 From the total area of lands in the Republic of Tajikistan 14 137 685 (100 percent), the agricultural lands make up 6 885 135 ha (51.30 percent), and other land is 7 252 550 ha (48.70 percent). See Diagram 1.
Diagram 1
Total area of land for agricultural purposes (6,885,135 ha) is distributed as follows: 3604616 ha (46 percent) is Arable Land (Пашни), Garden (Сады), Haymaking (Сенокос), Pasture (Пастбища), Fallow
4 FAO. 2002. The State of Food Insecurity in the World 2001. Rome. 5 Constitution of 6 November 1994, amended in 1999 and 2003.
6 State Land cadastral book, 2013
(Залежи), 115966 ha (2 percent)- Household plots, 3164553 ha (52 percent)- other land (forest, rivers, desert (пустыни). See Diagram 2.
Diagram 2
The total area of Land for agricultural purpose allocated for different use is 3,604,616 ha: Arable Land – 655643 ha (18,19 percent), Garden - 137 042 ha (3,8 percent), Fallow - 29 673 ha (0.82 percent), Haymaking – 17482 ha (0.48 percent), Pasture – 2764776 ha (76.7 percent). See Diagram 3.
Diagram 3
The Agricultural Lands allocated for agriculture by types of farms is 839,840 ha: The Land of Dekhqan Farms – 679861 ha (80.95 percent), Special Land Fund of Jamoats – 31381 ha (3.74 percent), Subsidiary farm of agricultural enterprises – 29325 ha (3.49 percent), State agricultural enterprises and another authorities – 27547 ha (3.28 percent), New form of farming – 26287 ha (3.13 percent), Agricultural cooperatives enterprises and organizations – 21523 ha (2.56 percent), Collective Farms – 13551 ha (1.61 percent), Leasing enterprises (land of enterprises for leasing to farmers) – 4521 (0.54 percent), State agricultural enterprises and other state bodies – 2493 (0.30 percent), Agrofirms – 1944 ha (0.23 percent), Lands of inter farms of agro enterprises – 1114 ha (0.13 percent), Collective horticulture – 313 ha (0.04 percent). See Diagram 4.
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Diagram 4
The total are of Household plots is 115,966 ha: Arable Lands – 63.377 ha (58.1 percent), Garden – 25.603 ha (22.08 percent), Under construction and others – 20.977 ha (18.09 percent), Land in reserve fund – 2009 ha (1.73 percent). See Diagram 5.
Diagram 5
Table 1: The dynamical changes of the Land Fund in administrative territory RT to 01.01.2012 in relation to 01.01.2013 ((Thousand hectare)
To 01.01.2012 To 01.01.2013
Dif
fere
nce
s
Area (thousand ha)
% Area (thousand ha)
%
1 Land for an agricultural purpose 6 988 49020 6809,6 47,77 -178
Of them arable land 683,5 91,35 683,2 91,14 -0,3
2 Land of populated areas (cities, settlements and villages) 149,3 1,05 155,2 1,09 5,9
Of them arable land 50,6 6,76 51,6 6,89 1
3 Land used for industrial, commercial, transportation, communication, defense and other purposes
181 1,27 180,3 1,26 -0,7
Of them arable land 4,4 0,58 4,4 0,59 0
4 Land for environmental protection, health improvement, recreation, historical and cultural purposes 2685,5 18,84 2686 18,84 0,5
Of them arable land 0,3 0,4 0,3 0,04 0
5 Land of the state forest fund 1194,1 8,38 1342,5 9,47 148,4
Of them arable land 4,3 0,57 4,6 0,61 0,3
6 Land of the state water fund 39,7 0,28 39,6 0,28 -0,1
Of them arable land 0,9 0,12 0,9 0,12 0
7 Land of the state reserve 3018,2 21,17 3042,2 21,34 24
Of them arable land 4,3 0,57 4,6 0,61 0,3
8 In country - totally 14255,4 100 14255,4 100 0
Of them arable land 748,3 100 749,6 100 1,3
So, changing the structure of agricultural lands depends on the process of using land resources, as a consequence of transformation. In result of this transformation on the one hand, new lands are being developed for irrigated arable farming on account of the State Land reserve and reduction of inefficient agricultural lands (pastures, rain-fed tillage, fallow lands), and on the other hand, some part of lands are withdrawn for enlargement of cities, villages, construction of industrial facilities, for internal economic needs of agricultural enterprises, and also for other purposes.
Analysis shows that almost each year the amount of agricultural land was reducing. In any way new developed land less then reduced lands, while the number of population keeps on growing, i.e. the size of land does not changes, but because of increasing number of population the per capita norms decreased. As a result, the provision of population with agricultural products, especially with live stock-raising production became worse. In order to produce meat, milk, eggs in the volume of at least minimal part of per capita norm, it is necessary to have 0.22 ha of irrigated tillage per capita, i.e. 2, 5 times more than its actual availability. Therefore, the rates of developing new lands should be renewed.
At the same time, every year in the republic from 4 to 8 thousand hectares of irrigated lands by different reasons are not used for agricultural production. According cadastral data 29673 ha not used for agricultural production in 2014.
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2.3 Forest7 Percent of the Land of Forest Fund consist of 5 % from the total size of Land of RT 14,137,685 ha. See Diagram 6.
Diagram 6
The content of the Land of Forest Fund: Arable Land – 2044 ha (0 percent), Garden – 3802 ha (percent), Fallow – 473 ha (0 percent), Haymaking – 2175 ha (1 percent), Pasture – 476336 ha (98 percent). See Diagram 7.
Diagram 7
7 State Land cadastral book, 2013
State Land cadastral book, 2013
3. Overview of the current policies related to tenure of land, fisheries and forests in the framework of the VGGT
3.1 Land tenure According to Article 13 of the Constitution8: “The earth, its resources, water, the atmosphere, flora, fauna, and other natural resources are the exclusive property of the state, and the government guarantees their effective utilization in the interests of the people.”
The Land Code9 recognizes different forms of land tenure. Articles 11-14 define different forms of land use rights such as: perpetual use of land, life-long inheritable use, fixed term use and land lease.
o Perpetual use of land - use without a fixed end date (Art 11);
o Life-long inheritable use - Land parcels for life-long inheritable use shall be allocated to individuals or collectives, to citizens for organizing dehkan farms and traditional national crafts (blacksmith (охангари), pottery (кулолгари) etc.), as well as to citizens of an adjoining land parcel (Art 12);
o Fixed term land use - Land parcels may be allocated for fixed-term to individuals and legal entities. Fixed-term land use may be short-term (up to three years) and long-term (from four to twenty years) (Art. 13);
o Land lease - Land users may lease land parcels by agreement.
3.2 Forestry The Forest Code (FC) (#761 August 2011) replaced the old FC (#770 June 1993) and introduced the concept of sustainable management as a guiding principle for forestry. This must be considered a crucial step for the forestry sector reform. However, law enforcement and management on site will require further efforts by responsible state organizations and international development cooperation.
Part VIII “Forest Use”, art.45 “Joint Forest Management” (FC) enhances state bodies and population to be involved in Forest Management.
Joint Forest Management, Tajikistan10
The Joint Forest Management is a multi-level approach aimed at building trust between the State Forestry Enterprise and the local population to assure sustainable forest management. Sustainable use of the forest ecosystem is achieved by stimulating investment in rehabilitation. Former illegal forest users are provided with legal user rights on the basis of lease contracts, and are, according to individual management plans, responsible for the protection and development of “their” plots.
The different elements of Joint Forest Management are inter-linked and are the prerequisites for the following functions:
o To lay the groundwork for sustainable forest management, detailed contracts between the Forest Enterprise and private tenants are concluded. The “contract on Joint Forest Management” is a legally binding document, covering a period of 20 years (with automatic extension), including the rights and responsibilities of both;
o As a next step, management plans and annual plans are elaborated jointly to ensure a sustainable management of the plots;
8 https://www.constituteproject.org/constitution/Tajikistan_2003.pdf?lang=en;
9 Articles 11, 12, 13 and 14 of the Land Code (#891, 01.08.2012.)
10 Ibele et al.,2002; World Bank, 2009; Kirchhoff and André, 2010
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o With a civil society structure representing the rights and obligations of the tenants, the aim is to consolidate a counterweight to the Forestry Enterprise;
o In order to fulfill the requirements of the management and annual plans, tenants receive technical consultancy/assistance from the Forestry Enterprise.
In fact, Joint Forest Management is a bottom-up approach, in which local actors participate in decision-making about the strategy and the selection of priorities to be pursued in their area. Capacity development and involvement of local and regional governmental structures initiate modernization of the institutional and regulatory framework. A very promising approach, which also fosters local economic development, based on the involvement of the local population in protection and rehabilitation measures as well as on a sustainable use of forest resources.11
3.3 Fishery The major implementing instrument regarding fishery is the Policy and Strategy for Fisheries and Aquaculture Development for Poverty Alleviation in Tajikistan; it embodies a development program for the period 2010–2025.
The Law of the Republic of Tajikistan on Fisheries was approved on January 4th, 2007. It provides the legal framework for the development and management of the sector. The “Fishery Rules in the waterbodies of the Republic of Tajikistan” were designed based on the 2006 law, which was approved by the Ministry of Justice of the Republic of Tajikistan on October 10, 2007 via resolution # 313.
The Aquaculture Sector Development Program in the Republic of Tajikistan for 2009 – 2015 approved by the Government of Tajikistan by resolution #306 on 2 June 2008. This State Program developed with aims of conservation, extension, improvement of the genetic and productive characteristics of fish, to ensure food security of the population and create employment.
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Kirchhoff and André, 2010
4. Overview of the current legal framework related to tenure of land, fisheries and forests in the framework of the VGGT
4.1 Land tenure There were a lot of changes/amendments in the Land Code (LC) since the independence of the country:
1996, №326; Akhbori Majlisi Oli of RT,
1996, №23, art. 351;
1997, №23-24, art. 333, part IV;
1999, №5, art. 59;
2001, №4; art. 176;
2004, №2, art. 55, №3, art. 189, art. 190;
2006, №7, art. 347;
2008, №1, part. 2, art. 22, №6, art. 463;
2011, №3, art. 171;
16 April 2012, №819.
The last changes (16 April 2012, №819) to LC mainly concerned the Right of Alienation, a tool created to enable and develop land markets, which should function as a tool for encouraging productivity and investment among land users. Effective markets for transferring land and rights for compensation provide a means to reallocate those rights to the most productive users.
According to the system of regulatory legal acts (art. 7) (Law of RT “On regulatory legal acts” 26.03.2009, №506) this activity should be reflected in the Law.
So, additionally the mechanism for the estimation of the market value of land that can be alienated should be developed and implemented accordingly. As this approach allows land users to use their land as a collateral, it will at the same time have a positive impact on food security.
The form of contract for private (voluntary) servitude should be determined by the Government of the Republic of Tajikistan.
Box 2: The last changes to LC No. 891 of 01.08.2012
Article 1(1). Relations, regulated by the Land Legislation Land legislation regulates the relations connected with the use and protection of land and property relations in the sphere of land use, arising in connection with the receipt (purchase) of right to alienation land use right.
Article 2. Land ownership Individuals and legal entities of Republic of Tajikistan may alienate right to use land on the basis, terms and conditions established by the present Code and civil legislation. Foreign individuals and legal entities may be provided with land parcels without rights to alienation the land use right.
Article 2 (2). Right to use land as an object of civil rights The right to use land with the right to alienation is a particular object of civil relations and may be the subject of sale, gift, exchange, lease, mortgage and other transactions, and may move on to another person by way of inheritance or universal succession established by this Code and civil legislation. The right to use the land with the right to alienation is granted to individuals and legal entities of the Republic of Tajikistan, local executive authorities of cities and districts at no charge or for a fee. Rights to land parcels, obtained with the right to alienation, shall be used only in accordance with their purpose. No one may be deprived of the right to use the land except for the cases, established by this Code.
Article 5. Competence of the Government of the Republic of Tajikistan in the field of regulating land relations The competence of the Government of the Republic of Tajikistan in the field of regulating land relations shall include: a) Disposition (withdrawal and allocation) of land within the boundaries of the Republic of Tajikistan within state objectives; c) Coordination of the work of local government executive bodies on the implementation of state programs for the use and protection of the land;; d) Ensuring state budget financing for measures regarding the use and protection of land in the process of being developed and submission to the Majlisi Namoyandagon Majlisi Oli (the lower chamber of the bicameral national
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parliament.) of the Republic of Tajikistan; f) Approving the procedure of establishing public (compulsory) servitudes on land parcels; h) Approval of land management documentation connected to the implementation of activities having state significance; i) Establishment of procedures for granting compensated and uncompensated land use rights with the right to alienation ; the size of land parcels to be provided in compensated or uncompensated manner; the minimum size of the land parcel, which cannot be subject to separation, as well as the procedure for granting (acquisition) and seizure (withdrawal)of land; j) Exercising other powers specified in this Code;
Article 10. Land users The individual who has a right to use a land parcel together with other individuals, can acquire the right to use land after realization of his/her right for allocation of a separate land parcel in accordance with his/her land share. If the right to use land with the right to alienation was acquired (purchased) by an individual during the marriage, the land parcel is subject to the provisions on joint matrimonial property, established by the civil and family legislation (regarding gender equality).
Article 10(1). Limited right to use land parcels of other land users Limited right to use land parcels (hereinafter – servitude) can be established with the agreement of the parties (hereinafter – private (voluntary) servitude) or if required, based on the decision of the local executive bodies of cities and districts (hereinafter – public (compulsory) servitude).
Article 33. Rates, taxation procedure, and rental fee for land The land tax and its rate shall be determined by the Tax Code of the Republic of Tajikistan. The assessment of land in the Republic of Tajikistan for determining the standard cost of land for objective taxation and payment of rental fees shall be carried out in accordance with the Law of the Republic of Tajikistan “On Land Valuation” (Appraisal’s Law). Estimation of the market value of land with the right to alienation as an object of civil relations in the Republic of Tajikistan shall be carried out as prescribed by regulations of the Republic of Tajikistan.
Article 17 (2). Limitations on the transfer of land use rights with the right to alienation The right to use land occupied by the following objects is not subject to alienation: - Nature reserves and national parks; - Buildings, structures and facilities used by the public authorities; - Government agencies; - Water objects located within the land borders; - Especially valuable objects of historical and cultural heritage of the Republic of Tajikistan, historical and cultural reserves, sites of archaeological heritage; - Objects for the needs of defense and security, customs needs, communication and transport, including airports, not specified in this subsection. Right to use the following land categories shall be limited in circulation: - located within protected areas not listed in the first part of this article; - forest lands. Alienation of land use within the coastal line, established in accordance with the Water Code of the Republic of Tajikistan, as well as the land on which the ponds and lakes are located within the boundaries of common areas, are regulated according to the procedure established by the Government of the Republic of Tajikistan (As amended by the Law No. 891 of 01.08.2012).
The Land Code also provides that every family has the right to a household plot. According art.71 “A supplemental land parcel shall be allocated an amount up to 0,12 hectares of irrigated land and up to 0,25 hectares of dry land, in virgin and mountainous areas up to 0,15 hectares of irrigated land and up to 0,40 hectares of non-irrigated land, including the area occupied by buildings and yards”. Household plot allocated for families, but if one person live alone he has right for a household plot as well. In the case of family, parents registered as an owner, at the same time their children as a shareholders.
The law establishes principles for the implementation of the land reform, e.g. the restructuring of agricultural farms into new forms of land management.
The Law on Land Reform was adopted in March 1992. The objectives of the land reform in Tajikistan were to create conditions for equal development of various forms of farming, the formation of a diversified economy, rational use and protection of land in order to increase agricultural production, as well as creating the conditions to shift to a market economy and provide access to land. The land
reform aims also at achieving of citizens’ food security, hence the improvement of the people’s material well-being. According art.3 of the Law on Land Reform, the land reform is a combination of legal, economic, organizational and technical measures to ensure the transition to a qualitatively new land relation, also ensuring the right of every citizen and the collective in the selection of land tenure, land use and economic activity on the land.
The Law on Lease #185 of 6 December 1996 allows the development of lease relationships, in particular the use of land resources of state and collective enterprises subject to lease agreements.
This law includes the possibility to transfer leased and collective enterprises to lease enterprises (farms) by transferring the entire or part of an enterprise for lease.
With the adoption of the Law on Dehkan Farms the widest land reform started in Tajikistan. The Law on Dehkan Farms No. 48 of 10 May 2002 and the law No. 173 of 3 May 2006 expired, and the active Law is currently the law No. 526 19 May 2009, which is the main legal basis for the establishment of dehkan farms (DF) in the country. DF is an independent economic entity whose activity as an entrepreneur based on the personal work of one person, one family or group of persons and which is based on the land parcel and other property belonging to its members.
According article 3 of this law, DF farm can be created by one person, one family and a group of persons. The preference for dehkan farms is due to the fact that the government is not allowed to interfere in the activities of the farms unless they are unlawful. According to the same law each member of a created dehkan farm is entitled to a certificate on the land use right and a land share certificate is issued for each dekhan farm.
Therefore, the additional subsidiary legislation adopted to achieve equitable land reform included: Presidential Decree on the Reorganization of the Agricultural Entities and Organizations No. 522 of 25 June 1996; Presidential Decree of June 30, 2006 №1775, No. 342 September, 2005 Resolution of the Government of Republic of Tajikistan “Regulations on land allocation for individuals and legal entities” and #374 02.07.2009 “Instruction order of formation, registration, change and exception of Certificate Land Use Right and Sub – certificate of land shareholder”;
When a new dehkan farm is to be established, the Local state authority of the district (the city), establishes a commission (in accordance with chapter 1 part 2 No. 342 September 2005) with the purpose of choosing land parcels for allocation, This commission is composed by the Deputy Chairman of the District, the City, in charge of agriculture (committee chairman); Committee on Land management (city); Architect of the district (city); Sanitary and fire control; Environmental authority and forestry; Water Resources body; Electrical networks body of the district (city); Primary land user and stakeholders; Other relevant enterprises of the district (city).
The land reform challenges systematic data updating and collection. The availability of accurate and complete land tenure data is necessary to enable informed debate and the generation of appropriate land tenure and rural development policies. This makes it difficult to monitor the reforms properly in order to address its gaps and inconsistencies through legislation. Therefore, for example, the adoption of a Geodetic System (WGS) needed for updating cadastral maps can be used as a basis for drafting other documents.
TAXATION
According to part IV art.298 of the Tax Code (TC) “Simplified tax regime for agricultural producers (single tax)” is introduced. Simplified tax regime for agricultural producers is a special tax regime for subjects of business engaged in the production of agricultural products, without further processing. Single tax applies to dekhkan (farm) farms and other agricultural producers, for which land is the main means of entrepreneurial activity.
Single tax rate on cadastral zones, taking into account mountain regions established by the Government of the Republic of Tajikistan for each hectare of land during the calendar year every 5
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years on the proposal of the authorized body on of land management in agreement with authorized state body, i.e. State Committee for Land Management and Geodesy (SCLMG) in agreement with State Tax Committee.
The rate of single tax for agricultural producers in the cadastral zones and districts of the country, including mountainous territory for 2015 (in somoni for one hectare)
Name of cadastral zones
The view of Agricultural Land
Arable lands Gardens
Natural irrigated
Technical irrigation
Unirrigated land
Natural irrigated
Technical irrigation
Unirrigated land
1 2 3 4 5 6 7 8
I. Sugd 192,99 141,53 11,24 225,15 160,83 12,86
Mountainous territory 167,25 128,67 16,08 180,12 141,53 16,08
II. Hisor 205,86 141,53 12,86 225,15 160,83 16,08
Mountainous territory 160,83 115,79 14,47 173,70 135,10 20,90
III. Rasht 167,25 128,67 16,08 180,12 141,53 28,69
IV. Kulob 212,28 141,53 14,47 224,59 160,83 11,24
Mountainous territory
160,83 128,67 16,08 173,70 135,10 16,08
V.Vakhsh 225,15 167,25 9,66 263,73 180,12 9,66
VI. VMKB (excluding Murgob)
57,90 38,59 6,42 64,32 43,41 4,83
GENDER ASPECTS The implementation of the National Plan to increase the Status and Role of Women for 1998-2005; the State Programme Setting the Key Directions of Government Policy on Providing Equal Rights and Opportunities to Men and Women for 2001-10; the State Program Concerning the Access to Land for Rural Women; and the Law on State Guarantees of Equal Rights of Men and Women adopted in 2005 reflected the Government’s efforts to promote gender equality. Because of the mentality, although a lot of projects with specific trainings on equality between women and men have been conducted, men's authority and decisions still predominated in rural areas, while women remain in a subordinated position. Compared with previous years, a progress could be observed, women have obtained access to property and are able to participate in economic activities.
While legislation and policies governing land reform were largely gender neutral and did not explicitly discriminate women, they failed to take into account the different impact of the reform on men and women. This increased the propensity for unequal access to the benefits of the reform process, and heightened the risk of negative effects on women in particular, because of their historically disadvantaged socio-economic position compared to men12.
Food insecurity for women is one of the most damaging outcomes of gender inequality. It undermines women’s health, stunts their opportunities for education and employment and impedes progress towards gender equality and empowerment of women13. Indeed, in order to address issues of food insecurity related to gender equality, the Rome Declaration stipulates as an objective that gender equality and empowerment of women should be achieved (see Box 3)14.
12
Djusaeva, 2012 13
The State of Food Insecurity 2005, p. 4. 14
FAO. 1996. Rome Declaration on World Food Security and World Food Summit Plan of Action. World
Food Summit 13-17 November 1996. Rome.
BOX 3: Objectives of gender equality 16. objective 1.3: To ensure gender equality and empowerment of women. To this end, governments will: Support and implement commitments made at the Fourth World Conference on Women, Beijing 1995, that a gender perspective is mainstreamed in all policies; Promote women’s full and equal participation in the economy, and for this purpose introduce and enforce gender-sensitive legislation providing women with secure and equal access to and control over productive resources including credit, land and water; Ensure that institutions provide equal access for women; Provide equal gender opportunities for education and training in food production, processing and marketing; Tailor extension and technical services to women producers and increase the number of women advisors and agents; Improve the collection, dissemination and use of gender-disaggregated data in agriculture, fisheries, forestry and rural development; Focus research efforts on the division of labour and on income access and control within the household; Gather information on women’s traditional knowledge and skills in agriculture, fisheries, forestry and natural resources management.
4.2 Forest Forest land is not permanently allocated to dehkan farm. At the same time, individuals may apply separately to the land committee for a permanent share of this pasture. The old forest law (adopted in 1993) allows applicants to register pasture on State Fund Land for exclusive use on a first come first served basis. There is a risk that these smaller owners may lose access to remote pastures, leading to localized overgrazing and reduced livestock productivity for poorer herders.15
Issues and Constraints in the Forestry Sector16
Kirchhoff and André (Forestry Sector Analysis of the Republic of Tajikistan, 2010) reviewed the Forest Sector Policy of Tajikistan and summarized the main issues and constraints in the forestry sector of Tajikistan as follows:
Open access triggers the over exploitation of forest resources, mainly for fuelwood and through overgrazing.
Fuelwood is in high demand, in particular during the winter in rural areas. Inefficient heating and cooking devices in poorly insulated houses exacerbate the pressure on forest resources.
There is a lack of land-tenure security and forest ownership awareness.
The legal framework in place is unclear regarding responsibilities and jurisdiction.
Reliable forestry data is lacking - although policymakers urgently need it.
The forestry agency have generally weak administrative and managerial capacities that are inadequate to surmount these issues.
The law-enforcement capacities are weak.
Forest policies need to be tailored to actual development (especially regarding energy and fuelwood).
Sustainable forest-management schemes are long overdue. Such reforms would trigger positive impacts on the global and local environment, especially improving the economies of remote and disadvantaged areas.
In addition, the establishment of sustainable forest-management schemes in Tajikistan cannot be separated from the issues of pasture and fuelwood.
15
Robinson et al., 2010 16
Kirchoff and Andre, 2010
18
The Government of Tajikistan has indicated support and the political will to initiate, lead and carry out a comprehensive reform process for the forestry sector. The National Priority Program (NPP) 2006 -2015 indicate that involved authorities and politicians recognize forestry’s potential and are ready to work to properly utilize it. The stronger involvement of local stakeholder and local authorities in implementing existing regulations and mechanisms for forest management can help to resolve problems at the local level.
4.3 Fishery The old Law was substituted by Law Republic of Tajikistan “On Fisheries, fishing and on Protection of Fish Resources” #1021 approved on 19 September 2013. This Law defines the legal bases of activity in the field of fisheries, fishing and protection of fishery resources, aimed at providing the population with fish and fish products, fish breeding and protection of their habitat.
The competence of the authorized state body in the field of fish farming, fishing and protection of fish resources includes:
normative legal regulation in the field of fish farming, fishing and protection of fish resources;
implementation of research in the field of fish farming, fishing and protection of fishery resources, organization and funding in this area;
organization of a special study of fishery resources in natural waters, rivers and canals, with the value of production, development and approval of normative technical and methodological instruments;
preparation of recommendations on the cultivation and use of the best breeding varieties of fish, improve the quality and productivity of the aquaculture industry;
development and adoption of measures for the protection, rational use, study and reproduction of fish resources and their habitats;
obtaining the necessary information from physical and legal persons carrying out activities in this area;
adoption of measures to prevent and mitigate harmful effects on fisheries resources and their habitats;
control the activities of individuals and legal entities operating in this field, the state of fisheries resources and their habitats;
prevention and prohibition of illegal harvest (catch) of fish in the manner specified by the legislation of the Republic of Tajikistan;
carrying out scientific-technical and other studies in the field of fish farming, fishing and protection of fish;
development and adoption of the rules of fish farming, fishing and protection of fish resources;
maintaining the State Register of fish farms;
According to Government Regulation #486 01 August 2014 “On determination of State authority body in fish farming, fisheries and protection of fish resources”, the Ministry of Agriculture is responsible for fish farming and fisheries in pond (рыболовства в прудах) assigned to fish farm, and Committee for Environmental protection under the Government Republic of Tajikistan authorized body intended for protection of Fish resources, excluding ponds assigned for fish farm.
This Law stipulates that the State as an authorized body, has the responsibility for establishing the State Register of fish farms, which contains: quantitative, qualitative and economic characteristics of fisheries resources; water objects; individual entrepreneurs and legal entities engaged in fish farming; the means of production (catch) fish; on a decision of the authorized state body on the basis of which the right to harvest (catch) of fish resources; annual volume of fish catch; and other documented information on the use and protection of fish resources. The State Register of aquaculture refers to the publicly available information as a documented information.
In addition individuals and legal entities engaged in fishing (except recreational and sport fishing), pursuant to the procedure established by the authorized government agency, obliged to provide information to be included in the State Register of fish farms. However, currently the State Register of fish farms is not yet established.
Procedures for water reclamation facilities and objects of fishing are regulated by an authorized state body. According Law “On Fisheries, fishing and on Protection of Fish Resources” (art 28) Reclamation of water objects includes measures to improve the performance of hydraulic, hydrologic, hydrochemical and ecological status of water bodies in order to create favorable conditions for the preservation, reproduction, habitat and fisheries management. The objects of reclamation can be objects of water.
20
5. Overview of the relevant institutions related to tenure of land, fisheries and forests in the framework of the VGGT
5.1 Land tenure The generally accepted definition of land governance is; “Land governance concerns the rules, processes and structures through which decisions are made about access to land and its use, the manner in which the decisions are implemented and enforced, and the way that competing interests in land are managed.” [Palmer, David et al, Towards Improved Land Governance, September 2009, ISBN 978-92-1-132210-1].
However, the responsibilities for undertaking the land governance system functions are not clearly
defined and practiced in Tajikistan. Because of spreading out of different functions in different organization, there is no clear land information system for effectively managing land resources.
Figure 1 below shows the current organization of land governance in Tajikistan. The authority for land governance, including land management, land administration, and implementation of the land policy, is the State Committee for Land Management and Geodesy (SCLMG). The authority for land administration and land management is granted by the Government of Tajikistan. The land policy is established by various legal instruments including the Constitution Article 13, the Land Code, Civil Code and is implemented by the SCLMG.
Figure 1: Current situation for Land Governance in Tajikistan17
The internationally accepted definition of land management and land administration are shown in Box 4.
Box 4: Definition of land management and administration
“Land management” is the process of managing the use and development (in both urban and rural settings) of land resources.
17 Regulation (Положении) of the State Committee for Land Management and Geodesy (approved by Government
Regulation #134, 28/02/2014)
[Dale, P.F. and McLaughlin, J.D. 1988. Land Information Management, Clarendon Press: Oxford. ISBN 0-19-858404-0]
The term “land administration” is used to refer to the processes of recording and disseminating information about the ownership, value and use of land and its associated resources. Such processes include the determination (sometimes known as the “adjudication”) of rights and other attributes of the land, the survey and description of these, their detailed documentation and the provision of relevant information in support of land markets
18. (Land Administration Guidelines with special references
to countries in transition [United Nations Publication, ISBN 92-1-116644-6])
Important to mention that for creation of a solid Land governance system should be taken into account developing the legislation and implementation this legislation, organization, databases and maps, as well as required the funding mechanisms for implementation and maintaining.
5.2 Forest The system of public administration and state control in the field of conservation, protection, restoration and sustainable use of Forest resources includes the Government of Tajikistan, authorized state forestry bodies and local public authorities within their competence, in accordance with FC (Forest Code) and other normative legal acts of the Republic of Tajikistan.
Figure 2: Management structure of forests in Tajikistan19
5.3 Fishery The management of the fisheries sector (including capture fisheries and aquaculture) is under the responsibility of the Ministry of Agriculture of the Republic of Tajikistan. The Ministry has assigned the State Unitary Enterprise – Mohii Tajikistan with the basic monitoring, control and executive functions in the capture fishery and aquaculture sector. The main duties and responsibilities of the State Unitary Enterprise – Mohii Tajikistan include:
provision of legal protection to the fisheries sector and the production of highly productive fishes and development of new breeds;
promulgation of a policy on the rational use of natural and artificial waterbodies for fish production and the protection of fish which is considered a national property;
18
Land Administration Guidelines with special references to countries in transition [United Nations Publication, ISBN 92-1-116644-6] 19
Regulation (Положении) of the Forestry Agency under the Government Republic of Tajikistan (approved by Government Regulation #526, 02/08/2014)
22
improving the competitiveness of fish culture under a market economy;
large-scale implementation of scientific and technical development in fishery sector;
organization, retraining and improvement of the professional skills of personnel for the aquaculture sector;
promoting international cooperation in fish culture as well as supporting the improvement of regulations for export and import of supplies, special equipment and fish culture materials.
Figure 3: Fishery management in Tajikistan20
20
Regulation (Положении) of the Ministry of Agriculture of the Republic of Tajikistan (approved by Government Regulation #766, 05/12/2014)
6. Preliminary screening in terms of constraints and opportunities related to the VGGT – Tajikistan
Policy, Legal and Institutional Framework within the context of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT)
Key question: how well are - ?
Sector / policy / law / institution
Meets - does not meet VGGT condition
(yes/no, score from 0-5 or qualitative narrative)
Identified gap / opportunity Recommendation for action
1. legitimate tenure right holders and their rights recognized and respected
Sector: land
Policy: land rights are recognized and respected
Law: Constitution, Civil Code, Land Code
Institution: SCLMG and SUERIP
3
Land Market does not exist.
Rights regarding the use of all category of lands not mapped and provided with Certificate of Land Use Rights and not registered accordingly.
Conducting of monitoring of land resources in a proper way.
Lack of information on how many women has access to land resources, and how state could facilitate in reality.
Introduction of Private Land ownership on Household plots in rural area;
Control properly registration of Tenure rights;
Authorized state body should improve monitoring of land resources and ensure registration of land use rights;
Authorized state body should have coordination on equitable access to land, forests and fishery resources;
24
Unavailability of fair tax payment according real value of land.
Dekhkan Farms could not use land as a collateral.
Detailed analysis of Land Valuation and Land Taxation according category of lands;
Develop functional mechanism of crediting for Dekhkan farms.
Sector: Forest
Policy:
Law:
Institution: 3
Dual use of land State Forest land.
Absence of independent Forest Management Service.
Absence of accurate mapping of Land of Forest Fund.
Unavailability of data analysis on gender equality for using and management of forests.
Provision of single control on state Forest Land;
Introduction of independent Forest Management Services which has competence on monitoring, evaluation and forecast of forest development in the country;
Enhancement of inventory of forests, determine boundaries of the state forest fund;
Conduct a gender analysis on equal access to forest use and management.
2. legitimate tenure rights protected
Sector: land
Policy: legitimate tenure rights protected
Law: Constitution, Civil Code, Land Code
Institution: SCLMG and SUERIP
3
The legitimate tenure rights should be registered properly.
The capacity building of involved specialist in some stages is very weak.
Absence of cadastral maps with coordinates i.e. inaccurate determination boundary of land parcel reason for increasing disputes of neighbors.
Unavailability of digitized data.
Introduction of one-stop-shop approach for registration;
Professional development programs for land surveyors and other related professionals;
Create cadastral maps using coordinates;
Creation of software platform with geographical and legal part;
Sector: Forest
Policy:
Law:
Institution: Forestry Agency under the Government of RT
3
Weak of material-technical base authorized state body.
Absence of conduction of independence monitoring, evaluation and forecasting.
Luck of knowledge on forest use and management.
Strengthening of the material-technical base authorized state body;
Organization of forest management services and its maintenance;
Professional development programs for forestry specialists in different levels (specialists, students);
26
3. legitimate tenure rights promoted and facilitated
Sector: land
Policy:
Law:
Institution: SCLMG and SUERIP
3
Absence of unique Data Base on registered Right of Use.
Develop Standards for Data collection and processing.
Unavailability of information on already registered rights of use of certain territory.
Unavailability necessary documents for public review.
Data/information tenure rights to be put into the registration system;
Establishing the processes and rules for conducting the collection and processing of the data;
Organizing public awareness campaigns informing local citizens of the activities to be undertaken in the registration process (field and office activities, citizen’s involvement, outputs from the activities, timelines for all activities, etc.);
Producing the documents (maps, materials) to be displayed for public review and feedback;
Sector: Forest
Policy:
Law: Constitution, Civil Code, Forest Code
Institution: Forestry Agency
3
Weak capacity of Forest management.
The government should focus on building the capacity of concern authorities and right holders regarding the understanding and legal entrenchment of the new legal provisions and paradigms of forests;
under the Government of RT
4. legitimate tenure rights provided with access to justice
Sector: land
Policy: tenure rights promoted and facilitated
Law:
Institution: SCLMG and SUERIP
3
For avoiding of an biased decision.
Alternative dispute resolutions (private arbitration) for efficient and improved access to justice;
Sector: Forest
Policy:
Law: Constitution, Civil Code, Forest Code
Institution:
3
For avoiding of an biased decision.
Provide free and easy access to dispute resolution for rural population
28
5. legitimate tenure rights prevented from disputes, conflicts and corruption
Sector: Land & Forestyr
3
Unawareness of population on land, forestry and fishery tenure.
Increase public awareness on land and forestry tenure to prevent potential conflicts and corruption.
7. Recommendations
VGGT tries with the involving of State and non-state actors to improve the governance of the tenure
of land in the context of national food security, as well as responsibility of business enterprises on
respect human rights and legitimate tenure rights.
States have the power to allocate tenure rights in various forms, from limited use to full
ownership21. In case of Tajikistan defined different forms of land use rights such as: perpetual use of
land, life-long inheritable use, fixed term use and land lease. The life-long inheritable use alike an
“ownership”, one could inherit, gift, get compensation in case of withdrawing, but the art 13 of
Constitution states that land and other resources exclusively owned by state and state gives
guarantee of effectively using of it. The bank could not accept Land Use Right Certificate as a
collateral. During workshop recommended that introduction of Private Land ownership on a
Household plots in rural area would be a good opportunity for rural population use their parcel of
land as a collateral and their food security.
The administration of tenure need for complex approach, such as Introduction of one-stop–shop approach for registration, professional development programs for land surveyors and other related professionals, creating cadastral maps using coordinates, creation of software platform with geographical and legal part, secure of digitized data on tenure rights, data/information on tenure rights to be input into the registration system, establishing the processes and rules for conducting the collection and processing of the data, organizing public awareness campaigns informing local citizens of the activities to be undertaken in the registration process (field and office activities, citizen’s involvement, outputs from the activities, timelines for all activities, etc.) that the result would be prevent potential conflicts and corruption.
States should improve security of tenure by maintaining and publicizing tenure rights and duties, and who owns what and related duties22. So, in our case involved authority should control properly registration of Tenure rights, should improve of monitoring of land resources and ensure registration of land use rights, and should have coordination on equitable access to land, forests and fishery resources.
After implementation of “Right of alienation” current valuation that conducted with the purpose of Tax determination need for an improvement. States should amended necessary policies and laws related to valuation to ensure that valuation systems take into account non-market values, such as social, cultural, religious, spiritual and environmental values23. Also required detailed analysis of Land Valuation and Land Taxation according category of lands and develop functional mechanism of crediting for Dekhkan farms. In some way it helps for an objective expropriation and compensation.
The gender equality is a very sensitive topic in new developing countries. The wrong interpretation of the religion and its influence to the mentality of population encumbrances for an equal access of men and women to natural resources. States should ensure that women and girls have equal tenure rights and access to land, fisheries and forests independent of their civil and marital status (VGGT p.5). The authorized state body should conduct a gender analysis on equal access to use and management of natural resources. In addition government should focus on building the capacity of concern authorities and right holders regarding the understanding and legal entrenchment of the new legal provisions and paradigms of natural resources (land, fishery and forests).
21
VGGT p.13-8. 22
VGGT p 29-17. 23
VGGGT 30-18.
30
Also, during workshop participants from involved state body discussed and recommended on reconsideration the Government Resolution on State authorized body in fish farming, fisheries and protection of fish resources.
8. References
Djusaeva, S. (2012): Promoting rural women’s rights to land: UN Women programme experience in Kyrgyzstan and Tajikistan. Good practices in realizing women’s rights to productive resources, with a focus on land.Geneva, Switzerland, 25-27 June;
FAO (2012): Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and
Forests. Rome, FAO;
FAO. 2002. The State of Food Insecurity in the World 2001. Rome; Sage, C. ‚Food Security’, in Page, E. and Redcliff, M., Human Security and the Environment-International Comparisons (Elgar, 2002), 128, 129;
FAO. 1996. Rome Declaration on World Food Security and World Food Summit Plan of Action. World Food Summit 13-17 November 1996. Rome;
FAO. 2002. The State of Food Insecurity in the World 2001. Rome;
FAO. 1996. Rome Declaration on World Food Security and World Food Summit Plan of Action. World Food Summit 13-17 November 1996. Rome;
GIZ (2012): Joint Forest Management: A multidimensional approach for sustainable rehabilitation of
forests. GIZ in Tajikistan Program on Sustainable Use of Natural Resources in Central Asia;
Kirchhoff, J. and André, F. (2010): Forestry Sector Analysis of the Republic of Tajikistan. Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH; Regional Programme on Sustainable Use of Natural Resources in Central Asia; Dushanbe;
Palmer, David et al, Towards Improved Land Governance, September 2009, ISBN 978-92-1-132210-1;
The State of Food Insecurity 2005, p. 4.
Land Administration Guidelines with special references to countries in transition [United Nations Publication, ISBN 92-1-116644-6].
Legal Acts and other statutes
Constitution of 6 November 1994, amended in 1999 and 2003;
Forest Code, August 2011, #761;
Government Regulation August 2014 #486 “On determination of State authorized body in fish farming, fisheries and protection of fish resources”;
State Land cadastral book, 2013;
Land Code, 16 April 2012, №819;
Law on Land Reform, March 1992;
“Law on dehkan farm” 19 May 2009, #526;
Law on Land Valuation, 12 of May 2007, #262;
Tax Code September 2012, #901;
Law on “Fish farming, fisheries and protection of Fish resources” 19 September 2013, #1021;
Regulation of the State Committee for Land Management and Geodesy (approved by Government Regulation #134, 28/02/2014);
Regulation of the Forestry Agency under the Government Republic of Tajikistan (approved by Government Regulation #526, 02/08/2014);
Regulation of the Ministry of Agriculture of the Republic of Tajikistan (approved by Government Regulation #766, 05/12/2014).
32
9. Annexes
9.1 Annex 1: Awareness raising Workshop Agenda
Technical Workshop
Awareness raising on the Voluntary Guidelines on the Responsible Governance of Tenure
Regional Initiative on Empowering Smallholders and Family Farms for improved
Rural Livelihoods and Poverty Reduction
The VGGT Caravan
(MDF E1 - Promoting secure land tenure within the framework of the Voluntary Guidelines)
26 November 2015
08.30-09.00 Registration of participants
09.00-09.30
Opening
FAO Representative in Tajikistan (10 min)
Gafurov Ahmadjon, Representative of Ministry of Agriculture (10 min)
Morten Hartvigsen, FAO Land Tenure Officer (10 min)
09.30-09.45 Group photo (15 min)
09.45-10.00 Coffee/Tea break
10.00 -10.30 Objectives of the workshop, introduction of agenda and participants, Richard Eberlin; Land Tenure and Rural Development Expert, FAO
10.30-12.30
Voluntary Guidelines on the Responsible Governance of Tenure
Contents, development and application of the Guidelines, Richard Eberlin and Morten Hartvigsen, FAO
Questions & Answers – Facilitator (Richard Eberlin)
Presentation of the work for the afternoon (Richard Eberlin)
12.30- 13:30 Lunch
13.30-14.30
Voluntary Guidelines on the Responsible Governance of Tenure: Governing land for women and men; Ms Bozhana Stoeva (Rural Development and International Policy Analyst)
Presentation and discussion
14:30 -15:15
Group work Voluntary Guidelines on the Responsible Governance of Tenure – Familiarization exercise
15.15 - 15.45 Coffee / Tea break
15.45-16.45 Voluntary Guidelines on the Responsible Governance of Tenure - Report back and discussion
16:45-17.00 Synthesis of Day 1 (Richard Eberlin)
27 November 2015
10.00-10.15 Summary Day 1 and Programme Day 2 – Applications of the Guidelines
(Richard Eberlin)
10.15-10.45
Applications of the Guidelines in the country – Case study - Policy, Legal and Institutional Framework within the context of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT)
Presentation of case study by Mr Obid Islomov, national consultant
10.45-11.15 Coffee / Tea break
11.15-11.45 Comments and discussion on the findings of the case study
11.45-12.30
Group work
How can the Guidelines be used to address the issues identified?
Introduction to the group work (Richard Eberlin)
Group work
12.30 – 13:30 Lunch
13.30–15.00
Use of the Guidelines in the Country - Report back and discussion
Presentations of the group discussion results
Questions & Answers
15.00 - 15.30 Coffee / Tea break
15.30-16.00 Wrap-up - towards a shared vision of improved governance of tenure
Closing
34
9.2 Annex 2: Letter of invitation
Letter of invitation
THIS MESSAGE IS SENT ON BEHALF OF MR. VIOREL GUTU, FAO REPRESENTATIVE IN TAJIKISTAN
Dear Partners,
We would like to invite you to attend in the awareness raising workshop to support the implementation of the Voluntary Guidelines on the Responsible governance of tenure of land, fisheries and forests in the context of national food security (VGGT). The workshop will be held on November 26-27, 2015 in the hotel "Serena" - 14 Rudaki avenue in Dushanbe, Tajikistan.
The workshop aims at raising awareness of the Voluntary Guidelines on Tenureand discussing their application in Tajikistan. The objectives are to present the Guidelines; to discuss and analyse its application; to discuss and identify actions and ways forward to improve governance of tenure; and to identify elements of a road map to address key issues and to mainstream the Guidelines in the national context.
The language of the workshop - Russian and English along with simultaneous translation services. The agenda and other information about the organization of the meeting are attached.
In order to ensure the adequate administrative support, please confirm your participation until November 20, 2015 to Umeda Fatulloeva by phone 48 701 14 81 or e-mail: [email protected]
9.3 Annex 3: List of participants
Name Institution/organization Position Telephone E-mail
1. Khabirov M State Unitary Enterprise “Registration of Immovable Property”
Head of the Land Management Department
98 106 62 30
2. Giesov Maksud Research Institute of Horticulture and Vegetables under the Tajik Academy of Agricultural Sciences
Researcher 918 83 78 45
3.
Аtakhanova М.
Research Institute of Soil Science under the Tajik Academy of Agricultural Sciences
Head of the division
4.
Azimzoda A
Land Registration and cadastral system Project
Director 917 20 89 56
5. Eshonkulov S State Committee for Land Management and geodesy (SCLMGs)
Chief specialist 93 818 88 18
6. Kenjaeva Z IFAD CPO 93 570 07 50
7. Ashurova G NGO Sarob - Financial analytic 93 577 12 11
8. Tagoev J Tajik National University Head of the Economy and management of Agricultural sector department
918 90 68 73 [email protected]
9. Sattorov J NGO “Jangalparvar” 91 919 01 26 [email protected]
10. Sharipov D FH Specialist 919 63 41 88 [email protected]
11. Rajabova D Static Agency – specialist Chief specialist – Agricultural and environment
227 54 08
12. Khotamov I Seed Association Tajikistan Director 93 570 07 39 [email protected]
13.
Davlatov Sirojiddin
Forestry farm (Лесное хозяйство)
Leading specialist 93 791 41 23
14.
Mahmadaminov Saidamin
Research Institute of Horticulture and Vegetables under the Tajik Academy of Agricultural Sciences
Scientist 985 42 96 05
15.
Kanoatov Sadi
Forestry agency Chief specialist 919 13 14 37
16.
Ahmadov Dilshodbeg
Ministry of Agriculture Chief specialist 907 96 80 89
17.
Mukhamadi Muminov
Consumer Cooperative SAROB Director 93 577 02 30
18.
Sharifov Nakibkhon
Land Registration and cadastral system Project
Lawyer 98 732 00 61 [email protected]
19.
Gafurov Ahmadjon
SUE “Mohii Tojik” Director 907 52 36 63
36
20.
Saifiddinova Malohat
Ministry of Justice Chief specialist 987 56 60 89
21.
Karimov Hasan
Tajik Agrarian University Teacher 98 588 68 99
22.
Karimov I
SUE “Mohii Tojik” Expert 92 777 67 76
23.
Khudonazoe
EU Project Manager 93 545 11 01
24.
Bobojon Y
WB Sr.Rural Development
900 01 38 92
25.
Nekushoeva G.
Research Institute of Soil Science under the Tajik Academy of Agricultural Sciences
Scientist 919 00 92 46 [email protected]
26.
Alisher Shabdolov
PhD researcher 93 850 05 50 [email protected]
27.
Karimova M
NGO ЦРЭОР Director 918 63 01 46 [email protected]
28.
Kasimbekova V
Gazette “Asia - Plus” Journalist 93 414 90 19 [email protected]
29.
Klicheva A
Gazette “Daidjest” Journalist 917 74 72 07 [email protected]
30.
Melikshoev R
Gazette “Charkhi Gardun” Journalist 917 14 32 81 [email protected]
31.
Aminzoda B
Gazette “Javononi Tojikiston” Journalist 931 02 10 41 [email protected]
32.
Azizzova Tojinisso
Coalition of Civil Society Organizations "Transparency for Development"
Representative 918 42 85 00 [email protected]
33.
Azizov Farrukh
Tajik Agrarian University Teacher 93 600 35 38 [email protected]
34.
Pirov Khushmahmad
Ministry of Justice Specialist 987 87 87 93 [email protected]
35.
VIOREL GUTU
FAO in Tajikistan Representative
36.
IWONA PIECHOWIAK
FAO in Tajikistan Natural Resources Management Officer
37.
Morten Hartvigsen
FAO Land Tenure Officer [email protected]
38.
Richard Eberlin
FAO Land Tenure and Rural Development Expert
bird – business, innovation, research & development
39.
Bozhana Stoeva
FAO International Cooperation and Regional Development Expert
40.
Dorothea Stroh
41.
Obid Islomov
FAO Local Consultant [email protected]
List of participants