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Sécurisation foncière et médiation : une problématique pertinente dans le contexte d'un DOM insulaire

Aubert S., Lesage M.. 2008. In : Eberhard Christoph (ed.). Law, land use and the environment : afro-indian dialogues. Pondichéry : IFP, p. 283-313. (Sciences sociales, 13).

On the French island La Réunion and in a French legal context, where emphasis lies more on 'land regulation' than on 'land security', an experiment combining research and development is undertaken, with the objective of coordinating political good-will and land control. This article deals with the pilot scheme of 'citizen land mediation' MEDIAC, which introduces the problems of 'land security' in conjunction with land regulation. In the commune of Cilaos, a tourist area where agriculture remains important for sustainable development, farmers are confronted with an unquestionable lack of land security. The latter is increased by phenomena such as speculation, erroneous character of the land registers, joint possession and a general attitude of mistrust towards the administration. The various institutions encounter many difficulties in implementing their tools for land regulation. Nevertheless confronted with the need to preserve agriculture those involved in land control support the idea of land mediation. Land mediation, with its social and territorial approach, which is necessary to mitigate land constraint, constitutes a step towards the creation or the renewal of' bonds between the various actors, private and institutional. It authorizes the actors to engage in a common reflection on the management of 'their' space, as experienced on a daily basis. The term 'citizen', which characterizes 'land 'mediation', points to the need for a participative strategy associated with an evaluation of environmental or land problems in order to transpose the principles and criteria of viable and sustainable development into the project planning of development or space management by integrating social concerns. The mediation process makes it possible to bring together the multiple perceptions and objectives of the various actors. It highlights the links between individual interests and more collective dimensions. The introduction of land mediation in Ilet à Cordes requires the identification of a framework of intervention adapted and accepted by all the actors involved in the management of the land of the islet. This framework must allow for a balance between the legitimacy of the intervention, its financing, and the respect for the spirit of the mediation - a balance that is always fragile and never finally acquired. Little by little, the mediator seems to emerge as a reliable interlocutor, both for the inhabitants and for the institutions. The intervention of the mediator in cases of conflict requires that certain rules are followed by the parties. It also excludes any legal procedure. Mediation seeks solutions that are accepted by all. Legitimate engagements most be accompanied by legal methods such as those related to the clarification of the status of the grounds, the construction of a projet de société (vision of a shared future) or the consideration of individual interests and the role of institutions. Mediation can facilitate the exchanges aimed at clarifying the legal status of the grounds. It is the mediator's role to inform the population as to the legal provisions relating to the land transactions and to facilitate the meeting of the actors in view of a transfer of exploitation rights. A partnership with the SAFER thus seems to be relevant. The improvement of the land management system has to build on confidence in the future of agriculture and on the mobilization and the intervention of the farmers. Mediation must thus be involved in the construction of a common society project and in the development of collectives. Better social cohesion can anticipate recurring problems. An experiment is conducted in the use of computer-assisted role playing in water management. This should make a projection in the future possible through the interaction of the players and could contribute to the setting up of citizen control over water management and land use through greater responsibility and involvement of the inhabitants. Moreover, medi...

Mots-clés : gestion foncière; réunion; france

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