Context
This manual focuses on managing and resolving conflicts over land tenure rights, security of tenure, and land access. Useful for CCCM practitioners operating in areas with multiple types of tenure arrangements where disputes over rights exist and mediation techniques are needed. If there is no capacity to facilitate a full mediation process, the principles of resolving and assessing conflict can still apply. A review is provided at the end of each chapter with real-life examples to help readers apply the content to their specific situations.
Summary
The manual is divided into two parts: Part A- Analysis, and Part B-Management. The analysis section includes an overview of the Land tenure context, Stakeholders and power relations, and conflict. The Management section includes options for conflict management in land tenure, the mediation process, and managing mediation.
A useful diagram illustrating the multiple layers and dimensions of land tenure conflicts is provided that is useful for CCCM practitioners addressing HLP issues to understand the factors that should be considered before intervening in resolving conflicts or disputes over land. Following this is an explanation of how land in each context is tied to social capital, political and institutional settings, economic frameworks, and relevant legal aspects. An exercise for outlining the context of land and social capital is provided for practitioners to use is provided.
The manual explains different types of land administration systems, Land Titles, Land Registries, Cadastre, and Land Use Regulations, and how they can contribute to conflicts and disputes over land. An exercise for mapping out the political and institutional infrastructure is provided for practitioners to apply to their specific contexts.
The manual contains a detailed section on Land Tenure, including a diagram and information about how the formal legal and informal customary and extra-legal contexts impact tenure. The laws and corresponding regulations and institutions that implement and enforce them that actors addressing HLP and land tenure should be familiar with are outlined, and an exercise for understanding the relevant legal aspects of a conflict over land is provided to help practitioners understand their legal context.
Chapter 2 thoroughly details how stakeholders and power relations impact land dispute and suggested tools for analyzing stakeholders' needs and power relations is provided. Specific guidance on female stakeholder groups and power imbalances is also provided. The chapter includes detailed instructions for facilitating participatory conflict mapping, which is a helpful tool for understanding the contextual network for a conflict. Chapter 3 is interactive and indented to help practitioners understand how the knowledge acquired in the first part of the manual can be applied in the field, organize information while approaching a conflict, and help them enable stakeholders to have a wider and deeper understanding of land disputes/conflict. A template for synthesizing and analyzing information when approaching a conflict is provided. Examples and graphics of the following maps are provided: context, dimension, conflict identification, stakeholders, power, and diagnostic. Part B, Management, provides a range of options for conflict management, with the last section focused on providing practitioners with tools to help stakeholders select the most appropriate management option for each conflict. Chapter 4 covers a range of options for conflict resolution, describing challenges, benefits, and different contexts. Templates for non-consensual/formal resolution, consensual/informal resolution, and factors to consider for selecting the best alternative are provided. Chapter 5 focuses on the mediation processes and the role of the mediator, including a template with questions to ask when entering the mediation process. Finally, Chapter 6 provides guidance to practitioners through a practical conflict management process through example questions to ask when assessing a conflict situation.