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RURAL YOUTH AND LAND: Access mechanisms, difficulties and challenges in Latin America

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RURAL YOUTH AND LAND: Access mechanisms, difficulties and challenges in Latin America

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The opinions expressed in this publication are those of the authors and do not necessarily represent those of Corporación Procasur, its donors or programs. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of Procasur concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The contents of this publication, including all figures, tables, and drawings, are the intellectual property of Corporación Procasur. All rights reserved. Removal or alteration of copyright notices or trademarks is not permitted. Forwarding or reproduction of this publication or parts thereof for commercial use is not permitted without the explicit written authorization of Procasur. All program names or services of Procasur used in this publication as well as corresponding logos are trademarks or registered trademarks of Corporación Procasur in Chile and other countries. Procasur does not guarantee the accuracy or completeness of information, text, graphics, links, or other elements contained in this publication. This publication is provided without any warranty, whether explicit or implicit. This applies in part but not exclusively to a warranty of marketability and suitability for a particular purpose as well as a warranty of non-violation of applicable law.

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This paper provides analytical elements and key aspects to approach the theme “Rural Youth and Access to Land” and has been structured based on Corporación Procasur’s work in Latin America; which has led to research and exchange opportunities to delve into strategies and issues, and challenges faced by rural youth in order to ensure their access to land that is a critical asset to plan their life strategies and development in rural areas.

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1.Rural youth,

life strategies and land tenure.

Currently, the concept of “Rural Youth” take on different meanings, being both ‘youth’ and ‘rurality’ complex and dynamic concepts, whose construction depends on socio-cultural, economic and territorial factors.

“Youth” can be defined around three features: it is a transitional stage between childhood and the adult world, is a relational concept (young-adult) and depends on the context. In this regard, it is important to recognize the plurality of youthful experiences as a succession of cycles in specific contexts, which are characterized by the condition of semi-independence and progressive assumption of roles and responsibilit ies: residential independence, labor market participation, marriage, parenthood.

On the other hand, the concept of “rurality” has become analytically more complex due to changes in the rural sector -in a context of globalization- that break the dichotomy rural-urban. These changes are understood from the

“new rurality” perspective that in Latin America is characterized by four major changes: rural activities outside the farm, increasing flexibility and feminization of rural work, creation of rural-urban interactions, and the growing relevance of international migration and remittances.

Then, youth is understood as a transitional stage between childhood and adulthood, in which there is constant interaction between personal choices and the possibilities available in a rural context marked by the growing importance of non-agricultural activities, flexibility of labor, a broad portfolio of activities and occupations increasingly linked to urban areas, among others.

Meanwhile, the concept of “Life Strategies” refers to understanding how individuals in rural areas are organizing their lives in a complex and dynamic environment, leveraging their assets. Thus, livelihood strategies are the choices made by individuals or households to better use their resources and generate

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impact in their lives. Access of individuals or households to assets is determined by:

1. Social relations that determine their position in society, based on factors such as social class, gender, ethnicity, age, religion, among others.

2. Inst i tut ions that bui ld formal ru les, conventions and codes of conduct that rule and structure interactions.

3. Organizations, groups of individuals that come together for a common goal and act in an organized way.

Applying this approach to rural youth, allows us to better understand how rural youth make decisions regarding resources, livelihoods and future plans according to alternatives available in the environment and expectations related to their origins and trajectories.

In turn, we understand “Land Tenure” as the relationship between people, individuals or groups, legally or customarily defined, and the land. In other words, land tenure systems are institutions that establish rules to access, use, maintain and transfer land. Land tenure and property rights can be defined through formal and informal institutions, the former is legally recognized by state agencies, whose rights are protected by the legal system. And, informal institutions work based on custom and culture, however, informal should not be confused with insecurity or illegality.

Land tenure allocate land rights to certain subjects, whether individuals or legal entities, individually or as groups, and is usually classified into 4 categories: private, communal, open access and state.

The security of land tenure means that others recognize the rights of a person or group of people, and that there are mechanisms to protect those rights.

Land rights encompass a diversity of actions related to it: the right to use, transfer, sell and control how the land is being used, protection against expropriation, transfer of rights to successors, among others.

Currently, land tenure -both through formal and informal institutions- discourages women and youth, in a context of increasing concentration and fragmentation of resources. Specifically, young women are affected by factors such as: preference for men when inheriting, privileges of men in marriage, tendency to favor men in programs of land distribution and gender bias in the land market.

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2.Main mechanisms

of access to land and difficulties.

Secure access to land is a key productive factor for life strategies of families and individuals, who have or seek to have livelihoods based on natural resources. It is especially important to generate strategies for sustainable livelihoods because land ownership allows the diversification of activities, food sovereignty and greater resilience.

In this sense, it is possible to identify a number of mechanisms that are promoting access to land for rural youth in Latin America and that are related to the family, the community, organizations and the market, fulfilling a strategic role in life projects.

1. Inheritance

Inheritance continues to be the main form of access to land for rural youth. However, the inheritance process is late, inter-generational transfer is from the elderly to the middle-aged.

This extends the economic dependence of children, even after they have formed their own families, generating conflicts. Decisions about inheritance conditions are determined by the head of the household. In cases where land is scarce and when there is a heavy reliance on family labor, families are likely to delay the decision of delivering assets to children while parents are still alive.

2. Rights to use the family plot

In families with enough land, it is possible to see inter-generational transfer as a way of accessing to land, establishing clearly defined divisions on the family estate, the young can decide more independently on the use of the property while they can promote forms of capitalization such as savings.

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3. Shared inheritance and co-ownership

Arrangements between heirs for titling in co-ownership are a strategy used to access land without having to fragment and subdivide it; in these cases, clear family arrangements are needed so the transfer will be in the best moment of the life cycles of children. From an economic perspective, the co-ownership allows joint undertakings for family members, representing a productive opportunity without fragmenting the land.

4. Inheritance received in life and land partition

Land partition, which is an inheritance received in life, establishes the boundaries of plots to be inherited by children, it is the most important inheritance practice prior to death. This practice has been updated since it was commonly used as dowry in marriage. Likewise, another use that has been updated at community level is the segregation of social duties involved in land ownership, parents may transfer rights or include the children in the land title, but they continue complying with community duties on behalf of the family.

5. Purchasing land on the market

As the possibility of inheritance is increasingly limited due to the fragmentation of land, land access for young people is reduced to buying it in the market. Purchasing land depends on local market and credit characteristics, but in general young people have it difficult to access formal financial mechanisms.

Therefore, young people must deploy a strategy based on temporary migration that allows them to work and save, and return with the required capital to purchase land.

Presently, it is possible to identify a number of factors that hinder or limit land access and tenure for young people in Latin America and that are related with legal, structural, family and gender issues.

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1. Lack of registries and clearing of land titles

One of the most widespread difficulties to secure land access is the lack of clarity about land boundaries and rights, as well as the lack of registries and the clearing of land titles. The public registry and the clearing of land titles are essential tools in order to secure land tenure and natural resources.

Clearing of land titles is critical to exercise, among others, property rights, such as selling the land, using it as collateral and transferring rights to children. Likewise, the lack of land titles can inhibit productive investment in the land. As the process of clearing land titles is complex and costly, it is difficult to access to it.

The cadaster and public registry are essential tools to avoid territorial conflicts between the inhabitants of a territory such as communities, families, businesses, or others.

2. Land concentration and fragmentation

A phenomenon that has become more widespread and that is a problem for inheritance received in life is the increasing pressure on land and its fragmentation. Countries in Latin America have a bifurcated and concentrated ownership structure, in which purchasing land tends to concentrate it, and inheritance fragments the land. Peasant families in different territories are facing a shortage of land and are fragmenting their plots until they are no longer productive, limiting inheritance, which is the main way to access land for young people.

3. Absence of family planning and access insecurity

The transfer of assets in rural families is often a source of conflict, inheritance still remain taboo because there is little dialogue and planning within families about how it is going to be done. Traditionally, the decision of who inherits and when has been made by men in the household. However, it is noted that this situation is changing and that there is greater participation of women and even children in this decision.

4. Barriers based on gender

General ly , inst i tut ions governing land tenure, whether formal or informal, put at a disadvantage young people and women, who have unequal access to land and rights thereon. Institutions based on customs, such as inheritance, have traditionally been conservative and patriarchal, and it is a widespread practice that the older son has a better chance of accessing land, excluding women.

In addition, there are a number of interactions that influence the livelihoods of youth, which are related to their position within families, organizations and communities. The link that is established with these structures will determine their eligibility or the difficulties they may face to achieve assets, such as land.

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At household level, the essential role of young people in livelihood strategies and their influence in future projects has been noted. Family strategies are the most relevant context where access to certain funds could be determined, influencing the choices of young people and therefore their life trajectories. At the same time, at present, two characteristics from rural households remain and are maintained, these are ties of reciprocity and relations of interdependence.

Young people in the transition to adulthood require different supports, tangible and intangible, such as knowledge transfer as well as production of assets. Therefore, parents play a critical role in life strategies of young people, supporting the migration planning, funding studies, encouraging work and receiving in return the contribution of youth to the family economy.

In this regard, inter-generational transfer is broadly understood, comprising how parents involve youth in productive activities, transferring knowledge, supporting the initial capitalization and transferring assets.

Meanwhile, another factor affecting the livelihoods of young people is the experience of parents in agriculture and how they involve their children in farming. Generally, parents have a negative perception of farming linked to hardships and low incomes, advising their children to seek other livelihoods outside the plots.

This leads to tensions between autonomy and control, in relation to household production decisions and access to assets, as well as at community level in terms of youth participation in decision-making within their community organizations, which determine accessibility to resources controlled by the community.

In community structures, there is still a negative gap in relation to women and young people, who do not participate in community or productive instances, and are not represented in the system and in decision making instances. This situation affects gir ls and women’ opportunities to access resources managed by the community, as well as their participation in organizations and their life strategies. In this regard, it is a pending challenge for community organizations to update and deploy strategies in order to involve women and youth in their organizational dynamics so they could have access to information relevant to the production, access to resources such as land, water and others that are controlled by these instances, besides enhancing feelings of attachment and belonging that are important for self-identification

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3.Experiences in Latin

America: programs and case studies.

The access to assets such as land for rural young people is essential to ensure positive impacts on rural development processes and family farming. In order to understand lessons learned from the major projects that have addressed this topic in Latin America, Corporación Procasur has conducted a comparative analysis of four identi f ied programs, following are the recommendations.

Likewise, in order to identify and analyze local experiences and formal -and informal- mechanisms of access to land for rural youth, we present the main results of six case studies promoted by Corporación Procasur and the International Land Coalition for land access.

1. Programs of Land Access for Rural Youth

The programs include rural youth as target population and facilitate their access to land through rural development programs, and involve addressing core issues related to the future of rurality and economic and social sustainability of rural environments.

In order to obtain lessons learned from projects that aimed at facilitating access to land for rural youth in Latin America, the following four programs were analyzed: the National Credit Program, Fundiário Nossa Primeira Terra, Brazil, which is part of the Brazilian land reform, participative and strongly subsidized; the project “Innovative Models- Young Coffee Producers” from the National Federation of Coffee Producers (Federación Nacional de Cafeteros, FNC), a public-private project with great support and profitability guaranties in Colombia; the program Land and Implementation Program for Young Rural Entrepreneurs (Programa de Fondo de Tierra e Instalación del Joven Emprendedor Rural), Mexico, that together with the World Bank emphasizes the economic feasibility of entrepreneurships; and the projects Youth from Agricultural Cooperatives (Jóvenes de Uniones de Cooperativas Agropecuarias), Nicaragua, result of the concern of peasant organizations and their children facing future opportunities and treats.

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Some of the lessons of these programs are in relation with the following:

• Encourage “inheritance received in life” of land, facilitating private agreements on current beneficial use of future inheritances, through loans to buy land from parents, or other mechanisms that emerge from an intergenerational dialogue. These mechanisms should always be applied along with others that promote the increase of land for the poorest youth.

• Train young people so that they could identify their best implementation options, acquire ski l ls as entrepreneurs and establish strategic alliances. Training must be certified with quality control. The certification of training is an element that can be useful in the future of young people.

• Support young people in the analysis and decision making on ownership and collective, private and cooperative work. Support programs to access land for rural youth should maintain flexible operating rules, in order that land access mechanisms, financing and the organization of beneficiaries could accommodate different agro-business projects that emerge from the learning in practice.

• Allocate exceptional human and financial resources to adequately support youth enterprises. Professionals highly flexible and adaptable to local conditions and their changes are required, specialized in youth and productive projects.

• Provide maximum support at the stage of commercialization of products from the land, through associations and connections to existing supply chains. Mechanisms should be created to facilitate the sale of the production under suitable conditions. The lack of own experiences makes youth particularly vulnerable when entering the market.

• Presence of rural youth in designing and redesigning ongoing land programs for rural youth. On the other hand, the participation of community and peasant organizations creates more transparency in the process and legitimize the actions and provide a framework of social development.

• Implement a gender equity approach and preferential work supporting young couples owning land. Made visible female participation, when working with young couples, through actions that recognize the couple as main beneficiary. However, where there are indigenous peoples among target communities, it is likely that a participatory assessment will discover specific needs for indigenous youth. With such a diagnosis, it would be possible to design specific instruments for the needs and strengths of young people in each indigenous group.

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2. Case studies: Mechanisms of Access to Land for Rural Youth

Case studyRegional Research Competition -Corporación Procasur and ILC-

Country Research name Research objective Key points

1. Peru “Heirs of the Land Reform at Chancay River Valley”

Analyze from an historical perspective the land system and social differentiation at the Valley of Chancay, Department of Lima.

• The focus of analysis was the land reform of the late 60s, aimed at studying the relationship of heirs, the youth of today, with the land, trying to understand whether social differentiation that arose under the hacienda system persists.

• Currently, the land is leased in the form of rent per agricultural c a m p a i g n , a l t h o u g h t h e main activity of the families is not farming, they directly or indirectly receive this income.

• There is a negative perception of agriculture among adults, due to poor working conditions and low pay.

• This negative perception is replicated among youth, and thus their life projects are away from agricultural work and the life in Chancay.

• Regarding self-perception, young people do not consider themselves as rural population, a s t h e y a r e i n c o n s t a n t movement towards urban areas.

• Young women are no longer engaged in farming, they are mainly engaged in service areas or studies.

• Fo r some young , l and i s a s t ra tegy of capi ta l iz ing resources.

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2. Colombia “Uncertainties planted in soil. Practices and expectations of young people in intergenerational and gender perspective in a war context.” The case of Eastern Antioquia Region. Corporación Ambiental Río Verde, COAM.

Deepen the relationship, expectations and perceptions of young people in relation to land and territory in a context that has been marked by conflict.

• Categor ies a re ident i f ied on life projects of families in relation to land: “Best stay in the countryside”, “better leave town,” “obtain education to return to the countryside”, “building families” and “women in the field”.

• Highlights the importance of family strategies for life projects of young people.

• Among family strategies, good in tergenerat iona l t ransfer practices have been identified, regulated by parents through sav ings –whe the r p ro f i t s earned or crops-, young people autonomy and capitalization is supported.

• The re a re t h ree sou rces of l ive l ihoods: land, rura l e m p l o y m e n t a n d a n i m a l production.

• Reaff irms the existence of gender differentiation in terms of the invisibility of women’s work, double female working day and preference for men in access to inheritance.

• The conditions of agricultural labor hinder young people from developing life strategies associated with the land, which especially affects women in the absence of non-farming jobs.

• Currently, young people is aware of limited choices and land access.

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3. Bolivia “Young women access to land in the highlands of Bolivia”. Fundación TIERRA.

Analyzes the participation of young women in community management of land rights in two communities in the Bolivian highlands: Pujsani and Uricachi Grande.

• The context is the implementation of the clearing of land titles policy, whose purpose is the updating process of property rights throughout the national territory.

• The people of both communities create life strategies based on double residence, they are governed by customs, and land tenure is mixed but mostly individual.

• Both communities conduct a process of internal reorganization based on collective agreements that are subsequently validated by the National Institute of Agrarian Reform (INRA), with legal endorsement.

• Two tools for registration and community control of land rights were created: the communal statute (which reflects the agreements of the community) and communal rights registration (to update rights).

• The role of formal tools (INRA Act 1996 and the Constitution) is recognized, in which the participation of women in the reorganization and distribution of land is guaranteed.

• Three forms of ownership arose from the process of clearing land titles (merely man, merely woman, and man and woman); co-ownership is the most used for titling, children can obtain the rights to the land without subdividing it.

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• Another innovative practice to facilitate the transfer of land to young people was the segregation of the social duties involved in ownership, parents may assume duties with the community on behalf of children.

• In general, there are good practices associated with updating traditional institutions to make them more appropriate to current contexts.

• One of the desires of young people in relation to land is to continue being linked to the community but not living permanently in it.

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4. Guatemala “Farewell to the land: life trajectories and projects of young people in rural communities in Guatemala”. AVANCSO

Understanding life trajectories and projects of rural youth in relation to five major issues: family, education, participation in community organization and future projects.

• Land ownership is analyzed from a historical perspective, since the colonial legacy, land reform, the neoliberal model and economic liberalization in which the concentration of land and unequal access to land persists.

• In the community of Ixcán, the initial distribution of land is organized around the Cooperative Resistencia and maintains the original titles.

• Land fragmentation by inheritance persists, favoring male children.

• It is more feasible for young people to access land by purchasing or inheriting but no longer in their communities.

• Even though the Cooperative is a rooting referent, the disengagement of young people from the land and agricultural work and life is evident.

• In general, there is an effort to combine study expectations with life in the communities; the land has a complementary role of security in their lives.

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5. Argentina “Land titling and its impact on young farmers. Two study cases in the Argentine Chaco”

–FUNDAPAZ-.

It analyzes the absence and irregularity of land titling and the limited land registration system as a source of land tenure conflict in the region of the Argentine Chaco.

• The absence of land t i t les affects the economic potential of rural families and future projects of youth.

• An alliance between territorial organizat ions and support NGOs has been organized in order to obtain the legal recognition of property rights.

• There is a need for institutional change on land tenure, as consequence of pressure which requires a new process of clearing of land titles, in order to prevent the escalation of regional conflicts.

• The alliance between regional organizat ions and support N G O s h a s e n a b l e d t h e redef in i t ion o f regu la to ry frameworks recognizing rights through the legal figure of the holder, although he/she does not have a t i t le has rights, such as self-defense of his possession, claims to justice, land acquisition.

• Cohab i ta t ion agreements were generated, and land use planning was worked through participatory mapping.

• At the same time, poli t ical round-tables were organized.

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6. Nicaragua “ Land redistribution processes through inheritance to rural youth in the municipalities of Somotillo and Río Blanco”

Analyzes land inheritance processes based on life strategies approach in the municipalities of Somotillo and Rio Blanco.

• Life strategies of young people are categorized according to the degree of autonomy: integrated strategies (without autonomy and linked to their families), strategies mediated by parents (parents as facilitators of resources), strategies for greater autonomy (establishing their own development paths).

• It is evident the relevance of territorial and socio-economic contexts of families in relation to the possibilities of inheritance and its impact on youth paths.

• According to the life strategies of families and their situation regarding land, youth strategies are defined.

• Possible development paths followed by youth are identified: t he l i ves tock rou te (w i t h possibility of inheritance), the path of intensive family economy (children are part of the family project), the route of poverty (mixed strategy of agricultural work and employment).

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4.Recommendations.

The analysis of the situation of rural youth and their access to land in connection with their life strategies, realizes the barriers and limitations experienced, among them lack of transfer of domestic assets, economic dependence up to adulthood, the lack of participation in community forums and subjective and objective conditions around agriculture.

In this regard, it is possible to identify some guidelines or key points to be addressed in order to facilitate land access for rural youth and enhance their life projects while ensuring the sustainability of their strategies in rural areas.

1. Intergenerational transfer as part of the family strategy

The family context of the young is key in determining his/her life trajectory, the family strategy and the space given to the young’s own strategy may limit or expand his/her opportunities. The family plays a key role in determining his/her life strategies because

when young people begin to make strategic decisions, they are living at home with their parents, who are the main source of support to access resources, continuing studies and receiving intangible support.

There are economic factors that inhibit the intergenerational transfer, but there are also cultural factors, since actions such as greater autonomy in terms of land or improved savings, do not necessarily challenge the family strategy. It is required a cultural change in parents, taking into account the changing rural contexts. In this regard, intergenerational transfer processes can be performed through awareness, promoting dialogue spaces in order to identify and plan strategies to transfer assets. In this sense, financial incentives may be considered for intra-family transfer of assets.

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2. Strengthening and inclusion of young people in community organizations

One of the barriers for the inclusion of young people in community organizations is the lack of recognition of the youth as a key sector. The current young generation postpones its participation in community structures for prioritizing professional and study objectives that assure greater autonomy. In this context, community organizations must adapt their institutions to better include young people. The collective organization is of great relevance to young people because it can facilitate access to resources.

3. Improving access to land for rural youth: family arrangements and initiatives for land acquisition

In general, it is found that rural youth values strategically access to land as it provides security to their life strategies, as they have some knowledge about how to work the land, it represents a resource that allows capitalizing and investing, or it can generate incomes through leasing.

Meanwhile, rural development projects along with the promotion of awareness regarding intergenerational transfer, and the importance of planning and promoting family agreements, should provide the required legal support to facilitate the land transfer and its secure access.

This requires public policies, enabling rural youth to acquire land, facilitating financial mechanisms adapted to their reality, such as the creation of a land fund or specific credits for said purpose. The State should explore possibilities for policies that facilitate access to land for youth to serve as an incentive for them to return to their territories and lead rural development processes.

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