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Download the file - United Nations Rule of Law

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2. Pay Attention to Sequencing. The contentand sequence <strong>of</strong> a set <strong>of</strong> reform actions and<strong>the</strong> setting <strong>of</strong> priorities will have to be left tocontext-based analysis in national and localsettings. Formally however, it is important topoint to <strong>the</strong> fact that success <strong>of</strong> <strong>the</strong> reforms ineach <strong>of</strong> <strong>the</strong> four building blocks <strong>of</strong> <strong>the</strong> propertysystem will depend not only on <strong>the</strong> quality<strong>of</strong> <strong>the</strong> individual measures taken but on <strong>the</strong>sequence in which <strong>the</strong>y are taken. Getting <strong>the</strong>phasing right is as important as <strong>the</strong> content <strong>of</strong><strong>the</strong> individual measures. 1983. Issues <strong>of</strong> Sovereignty and Territorial Autonomy,e.g. regarding indigenous people, must be assessedand tackled prior to reform <strong>of</strong> propertyrights regimes, or restitution or privatisation insensitive areas. O<strong>the</strong>rwise <strong>the</strong> envisioned processwill be affected negatively, delayed or evennullified. 1994. On-<strong>the</strong>-Ground Assessments. Even if reformmeasures are carried out diligently <strong>the</strong>y maybe perceived as interventionist and top-downoriented by <strong>the</strong> poor. Property rights reformprogrammes have <strong>of</strong>ten been successful wherealso based on <strong>the</strong> ground assessment <strong>of</strong> ownershipand family relations. Differences infamily and community structures and spatialorganisation have to be identified at <strong>the</strong> fieldlevel (informal marriages, de-facto headships,spontaneous organisation <strong>of</strong> public spaces,etc). In most contexts this planning measurefacilitates <strong>the</strong> collection <strong>of</strong> reliable data aboutpossessions and functioning customs, it gives<strong>the</strong> poor a sense <strong>of</strong> being taken seriously during<strong>the</strong> reform process, produces transparency in<strong>the</strong> property rights’ definition processes, makes<strong>of</strong>ficials more accountable to <strong>the</strong> process, contributesto <strong>the</strong> reduction <strong>of</strong> conflicts amongbeneficiaries, and might even create bottom-uppressure for more legal and regulatory reforms.5. The Art <strong>of</strong> <strong>the</strong> Long Breath. A full scale reform,including legal reform and parallel interventionsin all four building blocks <strong>of</strong> <strong>the</strong> propertyrights system, cannot be carried out within <strong>the</strong>normal cycle <strong>of</strong> democratic elections and hasto be sustained over several legislatures. Someindividual reform benefits might be visiblerapidly, but sustained beneficial effects onlytake hold if property rights reform is sustainedand carried out over a long period <strong>of</strong> time. On<strong>the</strong> macro level, beneficial effects <strong>of</strong> propertyrights reform will take hold over 10-15 years.Given this need for long breath, enlightenedauthoritarian regimes seem to have an easiertask in property reform than emerging ordeficient democracies. However, <strong>the</strong>re areseveral ways in which property rights reformcan be sustained over <strong>the</strong> normal life cycle <strong>of</strong>a democratic government. One possibility isto promote reforms with broad support fromseveral parties and to make property reform ageneral interest grounded in <strong>the</strong> constitution.In order to overcome formidable oppositionfrom powerful social actors against propertyreform, broad popular demand for reform fromcivil society and <strong>the</strong> private sector and strongcoalitions <strong>of</strong> change are needed. Need assessment,awareness and information campaignsamong civil society and grass-roots movementsneed to be fostered to marginalize <strong>the</strong>powerful gatekeepers <strong>of</strong> <strong>the</strong> status quo <strong>of</strong> vastextra-legality. This ought to be conceived asa multi-stakeholder effort including media,business groups and associations <strong>of</strong> <strong>the</strong> poor,academia, and government agencies favourableto change.111

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