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problems are discussed in greater detail elsewhere. 40 In practice, however, it is apparent that
private sector applicants rarely consult with local customary officials, and that land is granted
to them without confirmation of its vacancy. In addition, many applicants apparently bypass
district authorities and secure rights to land without their approval or participation in the
process.
The official process of land acquisition and registration is illustrated in diagrams 1 and
2. The process is cumbersome, time consuming, opaque, and open to abuse. Research has
revealed that there are many opportunities in the system to avoid accountability and bypass
rules and officials involved. There is a significant difference between the way the system is
supposed to work and the way it actually works. 41 For example, in theory, an individual
who wants land must contact the locality (post) 42 officials and verify that land is available
and unoccupied. In fact, however, individuals and companies often go directly to the locality
administrator or to the provincial authorities, bypassing local agricultural (and DINAGECA)
officials and the attendant verification process. At the same time, research revealed that many
applications for land and land concessions do not complete the formal concession and
registration process, but rather stop at either of two points in the process. These points, noted
on diagram 1 as "interruption points," are where the process breaks down.
The process stops at an interruption point for a number of reasons. In some cases the
breakdown occurs because the applicant does not have the financial resources to complete the
transaction. Another possibility relates to inability of government to carry out its duties. If
the office does not have adequate resources or manpower, the application may become mired
in the system. A third possibility relates to the objectives of the applicant. Some applicants
do not want to complete the process. Many individuals interviewed who had acquired
concessions said that they were not registering or did not intend to complete the registration
process until they were more sure about a number of issues, including their rights to the land,
security and the peace accord, and a reform of the property laws.
The government does not have the capacity to administer the formal land-tenure system
as it is now constituted. In many locations throughout the country, provincial and district
officials claimed that they did not have the resources to fulfill even the most minimal
requirements of the distribution process. They complained that they did not have the vehicles
or manpower to determine whether land was already occupied before granting concessions,
40. See Bruce (1990); Roth, Boucher, and Francisco (1994); Myers (1993a); Myers, West, and Eliseu
(1993); Martins (1994); Garvey (1994); Roth et ail. (1994); Boucheretal. (1994);Ferrâo (1994); Weiss and
Myers (1994); and Joao Carrilho, personal communications, April 1992 and December 1993.
41. Ibid.
42. Government is divided into several levels, four of which are discussed in this report: central, provincial,
district, and locality or post.