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creasing finance for land reform and post-landacquisition services, including land banks,land-for-debt schemes and land for taxes. 243) Facilitate Private Sector Involvement. Thestate needs to set <strong>the</strong> parameters within whichprivate sector investment can take place, andremove any disincentives to this process. Feesfor property transactions, which in some developingcountries can be as high as 30 percent,act as an unnecessary form <strong>of</strong> taxation thatinhibits <strong>the</strong> free exchange <strong>of</strong> land throughmarket mechanisms and excludes <strong>the</strong> poor.Official land taxes must also be set at an affordablelevel for <strong>the</strong> poor and subsidies andtax provisions that provide distorting privilegesto large-scale farmers should be removed. InMexico, for example, certain groups ‘prefer notto regularise <strong>the</strong> land for human settlementto evade having to paying land tax, which promotesinformality in land markets.’ 25 Investmentclimate surveys indicate that access toland was <strong>the</strong> main obstacle to conducting andexpanding business by 57 percent <strong>of</strong> <strong>the</strong> enterprisesinterviewed in Ethiopia, 35 percentin Bangladesh and 25 percent in Tanzania andKenya.4) Promote Property Rights through Individualand Corporate Ownership. Property law should<strong>of</strong>fer clear and simple options <strong>of</strong> legal personalityand corporate ownership for smallbusinesses and corporative associations <strong>of</strong> <strong>the</strong>poor. Legal personality so designed opens upa wide range <strong>of</strong> possibilities <strong>of</strong> ownership byhuman individuals, by members <strong>of</strong> collectives,and by collectives. Pro-poor property rights systemsfacilitate <strong>the</strong> ability <strong>of</strong> people to pool andleverage modest resources and limit liabilitiesin case <strong>of</strong> business failure or exit <strong>of</strong> partners.One <strong>of</strong> <strong>the</strong> keys to economic success <strong>of</strong> smallentrepreneurs in <strong>the</strong> developing world is <strong>the</strong>limited liability <strong>of</strong> business owners, thus <strong>of</strong>fering<strong>the</strong> possibility <strong>of</strong> controlled failure withoutdisastrous economic consequences for <strong>the</strong>vulnerable individuals involved. This legal instrument<strong>of</strong> limited corporate liability has to beextended to <strong>the</strong> poor micro-entrepreneurs andrural producers. It constitutes one <strong>of</strong> <strong>the</strong> mainadvantages <strong>of</strong> formality <strong>of</strong> corporate ownershipand can trump unavoidable disadvantages.5) Create Systems for Collateralising Moveableand Intangible Property. Although many <strong>of</strong> <strong>the</strong>citizens <strong>of</strong> <strong>the</strong> developing world lack securerights to use and transfer real property, most<strong>of</strong> <strong>the</strong>m own some tangible (moveable) or intangibleproperty. 26 To <strong>the</strong> extent that this type<strong>of</strong> property is held securely and can be used toaccess credit and to create and grow businesses,<strong>the</strong> poor will have increased opportunities.Experience in a variety <strong>of</strong> developing countries(Georgia, Madagascar, Colombia, Albania, Bosniaamong <strong>the</strong>m) suggests that <strong>the</strong>re are importantlegal reforms that would allow <strong>the</strong> poorto leverage movable and intangible property.6) Co-management <strong>of</strong> Natural Resources. The majority<strong>of</strong> <strong>the</strong> rural poor depend to a large extenton non-arable resources such as forests, pastures,swamplands, and fishing grounds. Theseresources require careful management to avoidrent-seeking and corrupt practices that resultin environmental degradation and economicinefficiencies. The state should enhance <strong>the</strong>asset base <strong>of</strong> <strong>the</strong> poor by enabling communitybasedownership and management <strong>of</strong> privatecommons, but it will have to play <strong>the</strong> role <strong>of</strong>conflict manager among <strong>the</strong> communities andamong individuals. In <strong>the</strong> case <strong>of</strong> fossil energyresources requiring capital intensive extraction,treatment and distribution, <strong>the</strong> state shouldutilise transparent and fair auction procedureswhen involving <strong>the</strong> private sector, linked to71

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