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Similar a USIP Presentation of ISR Mobile Land Dispute Resolution
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USIP Presentation of ISR Mobile Land Dispute Resolution
- 1. Presented by Internet Silk Road An Internet Bar Organization Initiative Land Dispute Resolution using Mobile Technologies © 2010 Internet Bar Organization
- 2. Internet Silk Road Research Agenda Legal Empower ment Use 0f technology and development of Rule of Law to build financial and marketplace infrastructure Mobile Telephony Land Rights Mobile Clarification Commerce Mobile Banking © 2010 Internet Bar Organization
- 3. Land Situation in Afghanistan Refugee resettlement Pastureland conflicts Rural inaccessibility to judicial system Corruption Multiplicity of deeds due to successive regimes’ systems Overburdened land registries © 2010 Internet Bar Organization
- 4. © 2010 Internet Bar Organization
- 5. Negative Effects Property owners cannot offer land as collateral for loans Disputants find graft makes dispute resolution expensive/impossible leading to violence Foreign investors feel unsafe because of the lack of clarity on ownership Underinvestment and conflict ensue © 2010 Internet Bar Organization
- 6. Attempts to Rectify Land Issues Attempt Shortcomings Registration/mapping Lack of resources to complete; doesn’t address verification of ownership/disputes Government freeze on sale of gov’t land Freeze on sales doesn’t address underlying [to avoid land grabbing] lack of clarity of rights Use of tax records to determine land Tax records use favors the wealthier, use/ownership regardless of actual land occupation/use Jirga dispute resolutions Jirgas’ results are customary and outside of formal system. Therefore results aren’t reflected in titles Court-based dispute resolutions Courts are over-burdened © 2010 Internet Bar Organization
- 7. Using Simple Mobile Technologies to Streamline the Process Training of Afghans in using mobile technologies to: Collect evidence on jirga customs during needs assessment Aid in mapping disputes & transmission of mapping information to centralized location Detect new disputes Transmit decisions made by ADR jirgas to e-registry © 2010 Internet Bar Organization
- 8. GSM Subscribers 12,113,571 CDMA Subscribers 78,796 Landlines 50,532 Penetration 49% Investments in $ 1,276 Millions Telecom Base The Afghan Mobile Station 3,285 Phone Market today Population Coverage Over 80% Statistics above from Afghan Ministry of Communication, December In 2007, the number of mobile phone 2009; Photo below: A man sells mobile phones in Kabul. Source: Bloomberg News via WSJ subscribers in Afghanistan was 150,000 (12% of Afghan population) [Associated Press] By December 2009, the number had shot up to 12 million [Afghan Ministry of Communications] © 2010 Internet Bar Organization
- 9. © 2010 Internet Bar Organization Land Mapping and Registration GPS coordinates of individual plots recorded Photographs taken of Land Mapping boundary markers Written description of boundary markers Online database of data collected will be pitched to Informal clarification Afghan government for Land Registration of land rights within community update of land registry Online database of land data can be used as Informal clarification informal basis for Titles reduce land Title used as collateral reduces land disputes dispute and increase loans, land dispute for loans and increases tenure tenure security security resolution in the meanwhile
- 10. © 2010 Internet Bar Organization ADR Mechanism Level 1 disputes ODR to solve Disputes SMS-ed Resolved; Disputes arising disputes; Decision monitoring to e-registry sent to e-registry over mapping Level 2 disputes ISR-trained ADR Decision SMS-ed to Resolved; Smaller claim land arbitrators e-registry monitoring disputes Level 3 disputes Decision of tribes Similar model to Resolved; SMS-ed to e- Pasturelands level 2 model monitoring registry
- 11. Trust and Governance Transparency Monitoring: tracing of digital footprints in e-registry editing Viewing access to e-registry database open to the public Security Limiting access to editing e-registry to a few accountable individuals Encryption of information entered into database Privacy – experiment with different privacy models E.g. Make grievance data anonymous © 2010 Internet Bar Organization
- 12. How Mobile Technologies Can Help Now Information gathering and uploading Individual GPS coordinates photographs Central Written Individual registry Individual descriptions of boundary markers and disputes Individual © 2010 Internet Bar Organization
- 13. Future Applications Accessibility of deed registry through mobile Individual phones ADR mechanisms to resolve low-level land Individual Central Individual registry disputes Integrating deed records as proof of collateral for Individual mobile micro-lending © 2010 Internet Bar Organization
- 14. Partnering with the experts Online Dispute Resolution Ethan Katsh, Director of the National Center for Technology and SMU Masters program on Dispute Dispute Resolution; led by IBO board member Dan Rainey and Alma Jadallah of the American University Cell phone mapping: School of International Service. Todd Huffman - mobile developer Colin Rule, Dir. of Online Dispute who has implemented key Resolution at ebay/Paypal technology projects in Afghanistan; working with the Haiti National Defense University OpenstreetMaps Team Jin Ho Verdonschot, Faculty of Law, University of Tilberg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (TISCO) © 2010 Internet Bar Organization
- 15. Local Partners GIS/GPS advisors ground: Amir Zeb Khan, GIS Afghan Judiciary specialist and consultant Afghanistan Bar Association Afghan Land Consulting Organization; Harakat Afghan Land Consulting (ALCO) Organization (ALCO) Afghan Center for Dispute Resolution (ACDR) Afghan Land Authority (ALA) Potential collaborators on the © 2010 Internet Bar Organization
- 16. Thank You Presentation prepared by: RuhaDevanesan, VP & Exec Dir IBO James Cormie, ISR researcher Ivan Goering, ISR researcher Contact: www.internetsilkroad.org Jeff Aresty, President, IBO Jeff.aresty@gmail.com RuhaDevanesan, VP & Exec Dir. ruhatd@gmail.com © 2010 Internet Bar Organization
Notas del editor
- The Internet Bar Organization’s Internet Silk Road Initiative involves research in several areas of using mobile technologies to improve rule of law and access to financial markets. We will be focusing on land in this presentation, because you’ve got Roshan on the panel to talk to you about m-banking and they are really doing wonderful things with mobile technologies and access to markets, but Anand asked me to briefly describe our research agenda regarding mobile banking to you so I’ll spend just a minute or two going over what our research is with respect to mobile banking.
- Associated Press article from 2007: http://www.msnbc.msn.com/id/20479899/Statistics on phone market from Afghan Ministry of Communication: http://www.mcit.gov.af/Why mobile phones? Internet access is still very limited in Afghanistan, especially rural Afghanistan and populations struggle with basic literacy, let alone technological literacy. But mobile phones are becoming omnipresent and people use them for simple activities as well as increasingly complex ones, like transferring money, receiving their salaries, and exchanging information.