This sociolegal study focuses on the political, legal and institutional problems and dilemmas of regulating land tenure. By studying the development of the Timorese formal land tenure system, this book engages in the larger debate about the role of state systems in addressing and aggravating social problems such as insecurity, poverty, inequality, destruction of nature, and cultural and social estrangement.
Land tenure issues in Timor-Leste are complex and deeply shaped by the nation’s history. Taking an insider’s perspective based on the author’s experience in Timorese state administration, and through the investigation of five analytical themes –political environment, lawmaking, legal framework, institutional framework, and social relationships and practices– this book studies the development of the Timorese formal land tenure system from independence in 2002 to 2018. It shows how political, legal, and administrative decisions on land administration are made, what and who influences them, which problems and dilemmas emerge, and how the formal system works in practice. The result is a portrait of a young nation grappling with the enormous task of creating a land tenure system that can address the needs of its citizens in the wake of centuries of socio-political tumult and huge fluctuations in resources. The book concludes by highlighting the importance of lawmaking and how abuses of power can be curbed by adequate administrative processes and laws. Finally, it argues that land administration is primarily a political matter. The political dimension of technical solutions must be considered if we aim to achieve fairer formal land tenure systems.
The pertinence of the topics covered, the multi-disciplinary perspective, and the research methodology followed make this book appealing to a variety of readers, including international organizations, practitioners, academics and students engaged in land administration, post-colonial and -conflict issues, lawmaking, rule of law, public administration and issues of access and exclusion.
Chapter 1 - Introduction Introduction Framework of analysis - Land Tenure System Analysis Model Research questions Methodology Ethical considerations Limitations of the research Outline Chapter 2 – Formal land tenure systems Introduction Formal land tenure systems and other definitions The roles of land and formal land tenure systems The characteristics and roles of land Land tenure, formal land tenure systems, and the goals of the state Formal land tenure systems and state power The problems and dilemmas of formal land tenure systems Problems of formal land tenure systems Dilemmas of a formal land tenure system Conclusion Chapter 3 – Land tenure systems throughout Timor-Leste’s history Introduction Geographic and social overview Historical background Formal land tenure systems in Timor-Leste The Portuguese formal land tenure system in Timor-Leste The Indonesian formal land tenure system in Timor-Leste The formal land tenure system during the UNTAET administration The formal Land tenure system since Independence Conclusion Chapter 4- The political environment Introduction Political parties and land tenure FRETILIN - Revolutionary Front for an Independent East Timor CNRT – National Congress for Timorese Reconstruction ‘Development’, high-modernism, infrastructure, and investment Infrastructure Private investment Post-authoritarianism and the authoritarian temptation Weak rule of law Indonesian legacy in land administration Corruption, rent-seeking, clientelism, patronage, and elite capture Natural resources’ windfall, oil dependency, and the resource curse Post-colonialism debates Post-conflict debates and potential for violence Resilience and prevalence of customary land tenure systems Conclusion Chapter 5 – The making of land laws Introduction Making land-related laws in Timor-Leste Looking at the lawmaking process Legislative agenda Knowledge production for the lawmaking process Decision-making Legal drafters Consultation and transparency mechanisms Drafting options and dilemmas Monitoring and evaluation Language Conclusion Chapter 6 – Land tenure legislation in Timor-Leste Introduction Validity of pre-independence rights Legal recognition of customary land rights Long-term possession State land Definition of state land Public and Private Domain of the State Land rights of legal entities Processes for identifying land claims and addressing conflicting ones The Process established by Law 1/2003 The Process established by Decree-Law 27/2011 The Process established by the Land Law Evictions Land rights in the Timorese formal land tenure system Legal Mechanisms for Acquisition and Loss of Land Rights Transfers of land rights Adverse possession and legal protection of possessors Expropriation Conclusion Chapter 7 – Land Institutions Introduction Looking at institutions State institutions – The National Directorate of Land and Property and Cadastral Services (DNTPSC) The origins and influences of DNTPSC DNTPSC’s goals and tasks Resources Internal structure Leadership DNTPSC’s clients External institutions Ita Nia Rai (INR) and National Cadastre System (SNC) International organizations and donors Timorese civil society organizations Conclusion Chapter 8 – Social relationships, ideas, and practices around land tenure and the formal land tenure system Introduction Relevance of customary systems Characteristics of land rights Land tenure security Legal tenure security Perceived tenure security Land titling Land-related disputes and dispute-resolution mechanisms ‘Development’ and the right to expropriate land Conclusion Chapter 9 – The layers in movement – the formal land tenure system and the Suai Supply Base Introduction Oil, politics and ‘development’ The resource dispute in the Timor Sea The Tasi Mane Project and the SSB The Suai and the area of the SSB Land tenure, land tenure systems and ‘development’ The informal approach of the Inter-Ministerial Team The 10-percent agreement with the ‘community of Kamenasa’ The legislative approach The contractual approach The effects of land acquisition Conclusion Chapter 10 - Conclusions Introduction Studying land tenure systems – an analytical framework What can we learn from Timor-Leste? Factors of success and failure of a formal land tenure system Land tenure and administrative processes, public administrations, and state officials Land tenure and the rule and role of law and lawmaking Land tenure and ideology The Timorese formal land tenure system – final remarks
Bernardo Almeida is a post-doctoral researcher and lecturer at the Van Vollenhoven Institute, who focuses on land, law, lawmaking and development.
