- Land rights, records and registration
- Enumerations for tenure security
- Continuum of land rights
- Deeds or titles
- Socially appropriate adjudication
- Statutory and customary
- Co-management approaches
- Land record management for transactability
- Family and group rights
- Land use planning
- Citywide spatial planning
- Regional land use planning
- Land readjustment (slum upgrading and/or post crisis)
- Land Management, Administration and Information
- Spatial units
- Land law and enforcement
- Regulatory framework for private sector
- Legal allocation of the assets of a deceased person (Estates administration, HIV/AIDS areas)
- Expropriation, eviction and compensation
- Land Value Taxation
- Land tax for financial and land management
- Cross cutting issues
- Modernising of land agencies budget approach
- Measuring tenure security for the MDGs
- Capacity building for sustainability
- Land access/land reform
- Key characteristics of a gendered tool
- Grassroots methodology for tool development at scale
Introduction
There are few more contentious and complex problems in the world than
those dealing with land and secure tenure. Many religions have firm rules on land and
inheritance, most communities have deeply ingrained cultural traditions, and every
government faces the challenge of land differently with its own vast array of laws and
with varying degrees of political will. In many countries the rules work against women
owning land for a range of reasons from poverty to custom. In wealthy countries land
records cover most of the territory and are generally well kept. However, few
developing countries have more than 30 per cent of their land accounted for by land
records. Land records are also often linked to the middle and commercial classes. In
many countries, there is large-scale corruption associated with land. In post conflict
societies, land is a key issue as it is often closely associated with the conflict.
Sound land governance approaches are therefore primary in building peace.
GLTN aims to establish a continuum of land rights, rather than just focus on
individual land titling; improve and develop pro poor land management as well as land
tenure tools; unblock existing initiatives; assist in strengthening existing land
networks; improve global coordination on land; assist in the development of gendered
tools which are affordable and useful to the grassroots; and improve the general
dissemination of knowledge about how to implement security of tenure.
This document will elaborate the themes and issues to be dealt with by GLTN and its
partners.
1. Land rights, records and registration
During the last three decades, all observers of the urban scene have stressed the
crucial importance of security of tenure issues. In 1996, the Habitat Agenda stated
that “access to land and security of tenure are strategic prerequisites for the
provision of adequate shelter for all and the development of sustainable human
settlements…”,
This internet discussion forms part of a comprehensive GLTN initiative aimed at
developing innovative land tools that are affordable and accessible for all sections of
the population, especially the poor.
Designing and implementing pro-poor land policies is a precondition for b uilding
effective states, contributing to poverty reduction strategies, ensuring sustainable
development, and achieving the Millennium Development Goals.
Security of tenure is of central importance for the living conditions of the poor
because it has a catalytic effect, invariably leading to other processes and issues
vital to sustainable shelter delivery and upgrading as well as for sustainable
agriculture and food security.
Secure tenure is the right of all individuals and groups to effective protection by
the state against forced evictions, i.e. under international law, “the permanent
or temporary removal against their will of individuals, families and/communities from
the home and/or the land they occupy, without the provision of, and access to,
appropriate form of legal or other protection”. Security of tenure describes an
agreement between an individual or group on land and residential property, which is
governed and regulated by a legal and administrative framework. Security derives from
the fact that the right of access to and use of the land and property is underwritten
by a known set of rules, and that this right is justiciable. In exceptional
circumstances evictions can take place but only by means of a known and agreed legal
procedure, which must be objective, applied equally to all, contestable, and
independent.
Conventional land registration does not supply tenure security and access to land
for the majority of citizens. They do not benefit from the land registration system and
instead often lose their land because of the system. Land registration is generally
seen as centralized and expensive to the user, as the systems are designed for use by
the middle class and/or previous settler population. Also, the system is only capable
of recording legal land parcels and not the 30-80 percent of informal land parcels of
most developing countries. In addition to this, registration systems are based on
colonial laws in regard to inheritance, forms of evidence, administrative procedures
etc., and therefore not relevant to local conditions. Finally, they are based on
individual rights and unable to accommodate group and/or family rights, and they are
not transparent and user friendly, especially to women.
In addition to this, there are extremely serious equity and governance issues
associated with present systems. Conventional cadastral and land information systems do
not serve the vast majority of most developing countries' populations. A review of land
registration, cadastral and land information systems indicates that there is likely to
be no documentary evidence of title for the majority of parcels in developing
countries. For example, best estimates indicate that in South American countries 70
percent of parcels are undocumented. That is, in general the majority of people's land
rights are not protected through any form of land registration in developing countries.
Also, most developing countries only have about 10 percent of their parcels surveyed,
with this dropping to less than 1 percent for sub Saharan Africa.
Securing access to land for the poor is a platform of development. It is critical
for poverty reduction, institution building, good governance at local and national
levels, and conflict prevention.
1a. Enumerations for tenure security
Enumerations represent a fundamental part of the slum upgrading process.
Enumeration is intended to establish information on the population size, the ownership
patterns and the state of infrastructure. Enumerations provide the means by which not
only the data is gathered to allow for local planning, but also the process by which
consensus is built and the inclusion of all residents negotiated. Enumerations are
means to federate and organise communities and involve them in large scale slum
upgrading projects.
The experience with enumerations worldwide has revealed the importance of
having people from the community to be the main enumerators rather than developing a
specialist team of external enumerators. How an enumeration is done and who does it, is
as important as the information it collects.
In informal settlements there might be groups and sub-groups and complex
micro-politics that may act to exclude or hide some of the poorest households. All
community processes as they stand may not be positive. Therefore, mediation and
negotiations while surveys are ongoing is important to ensure sustainability and
justice.
An accurate enumeration of conditions for tenure security is a prerequisite
(i) to evaluate various levels of insecurity and corresponding risks of eviction; (ii)
to provide the normative foundation for promoting secure tenure, and guidelines for
statutory recognition of secure tenure, and (iii) to identify and develop global norms
for secure tenure.
This could be based on: (i) a global comprehensive typology of tenure
categories and associated rights; (ii) an inventory of legal, regulatory and planning
measures aiming to provide temporary or permanent protection against forced evictions,
and (iii) an inventory of public policies and practices on informal settlements and
customary tenures.
A key challenge is how to make sure that the information produced by an
enumeration exercise is also used to strengthen security of tenure through state
recognition, and for use in physical planning.
Questions for tool developers
- What role does enumerations have in terms of providing tenure security
for the poor?
- What is the relationship between social mapping and
enumerations?
- How can the enumeration data be managed and updated over
time?
- What is the role of the municipal council in terms of community
enumerations? How can enumeration data be used by local government and central
government for physical planning?
- Can the data be placed on a GIS?
- Can the data be used as first evidence of rights during adjudication by
the state?
- What will the challenges be for the Surveyor General’s office for
example in accepting this data?
1b. Continuum of land rights
Land rights are not restricted solely to registered rights, and especially
not to individual property rights. They must be seen as a continuum. This issue can be
discussed from two standpoints: (i) in a given country or city, various land rights
systems may coexist; legal pluralism does not necessarily jeopardise urban land
management, although it may impact negatively on land administration (land registration
and records) and land markets, especially when it is not formally recognised by
governments; (ii) land tenure involves a complex set of formal and informal rights,
ranging from various rights of use to conditional or full rights to dispose of the
land.
There is a continuum of land rights. Between the two extremes (no rights at
all and full property rights) a wide range of situations can be identified, with grey
areas where land rights are not formally recognised by public authorities but are
tolerated (e.g. customary rights in most Sub-Saharan African countries), or where they
are recognised at local level but not by central governments.
Policy discourse has recently been dominated by the assertion of the primacy
of an individual title as the preferred form of tenure, and titling is often
simplistically equated with property rights. The objectives of titling are (i) to unify
land markets; (ii) to guarantee investments by providing real rights; (iii) to improve
access to mortgage finance, and (iv) to develop or improve property taxation. So far,
implementation of large-scale titling programmes has not been based on any reliable
assessment of their social and economic impacts.
From the perspective of the poor, access to security of tenure based
exclusively on the allocation of registered rights and individual property titles is
not necessarily efficient, equitable or affordable. The diversity of
stakeholders’ needs, objectives and strategies requires a diversity of tenure
form options, including leases, rental contracts and various informal
arrangements
Questions for tool developers
- What are the prerequisites for ensuring a good articulation between land
rights systems?
- Which land management and administration tools should be used for
ensuring their gradual integration within a unified land administration
system?
- Which innovative arrangements other than allocation of individual
property titles can be promoted in order to improve security of tenure for the urban
poor?
- How can the existing continuum and recognition of customary rights be
applied to implement incremental tenure upgrading and regularisation policies aimed
at improving security of tenure for the poor?
- How can the legal and regulatory framework take into account the
continuum of land rights, in order to improve security of tenure, transparency of
land markets, taxation and planning?
- What should be the components of a global typology of formal and informal
land rights, taking into account their characteristics, their continuum, and their
interactions?
- Can de facto (as opposed to de jure) security of tenure be considered as
providing sufficient protection for the poor, and in which contexts or
circumstances?
- Does security of tenure require the allocation of registered rights, more
precisely of individual property rights?
- What possible alternative to registered real rights would guarantee
security of tenure (for example personal rights, such as administrative
permits)?
1c. Deeds or titles
Registration of rights to land has always been an issue of concern for human
settlements since land rights are of such importance for human life and that questions
regarding protection and transfer of rights always have been regulated in different
ways. Originally, transfer of land rights was handled orally by local courts, a
transaction was presented at one or several court meetings and the court finally issued
an evidence, a title, that the transaction has taken place and been lawfully recognized
by the community. Later documents was established and stored in the archive of the
court in chronological order and with file numbers. This is the deeds registration
system, which also can be complemented with indexes, which makes it more easy to search
in archive on different argument, like names or parcel numbers. The deed in a
deed´s registration system usually will be drawn by a special notary (lawyer),
who also will guarantee the legal correctness of the transaction, among others that the
seller is the lawful owner of a property to be transferred. In order to make this
guarantee, the notary usually has to make a title search in the chain of transactions
of the property, in principle back to the original allocation of the right by the
state. The description of the property in question for a transaction is usually made in
the deed in written form. This can be complemented by demands for a map created by a
licensed surveyor.
The title registration system builds on another principle to organize the
register. The parcels are numbered with a given identification and the transactions are
recorded in the land book under the heading of each property. This will mean that the
registry immediately will show the legal owner, which is the last registered title
owner of the property according to the book. The registrar is obliged to check that the
seller of a property is the title holder. The system is usually combined with
legislation that gives certain preferences for the titled owner in case of sale of the
same property to several persons. The State is also usually guaranteeing that the
titled owner is the lawful owner in case any third person, who relies on this
information, is caused damaged because of that the information turns out to be
wrong.
In order to establish a title registration system, there is a need for a
comprehensive cadastral map, that shows the whole area, so that each property can be
given a unique identification. This calls for systematic mapping, which in the past has
been costly and usually been combined with mapping for other purposes, especially for
property taxation (the fiscal) cadastre). The description of the property to be
transferred will mainly be made through the reference to a cadastral unit, which is
mapped or will be mapped by governmental or private surveyors in connection with a
transaction. On the other hand, once established, the title registration system will
allow simple registration of consequent transactions. For instance, the notary will not
need to be engaged in the process in order to provide legal guarantees. Good title
registration systems usually rely on good computer systems and data bases as well as
uncorruptible government officials.
Questions for tool developers
- The European approaches to land registration, deeds or title, need also
to integrate in some way or another issues of registration of customary rights,
informal rights etc. How can registrations systems best be designed, to protect
existing rights, allow the development of an efficient land market and be affordable
for poor people?
- Much of the design of land registration system has to do with traditions,
heritage of colonial legislation, professional practices, etc, which sometimes have
been overrun by technical development. How can these systems be developed into system
that more directly corresponds to the demands of the poorer countries.
1d. Socially appropriate
adjudication
Although women’s rights to land and housing are recognised in
international law and by an increasing number of countries, they are still not
recognised by all countries. Women generally lack security of tenure and persistent
customary laws, traditions and cultural factors deny them their rights. For example,
women are affected disproportionately by forced evictions and resettlement schemes,
slum clearance, civil conflict, and development projects.
This is largely a result of gender-biased laws, which at best only protect
married women and at worst do not protect women at all. Given their low socioeconomic
status in many societies, women – and especially uneducated women – are
particularly vulnerable to change in marital status. Well-educated, urban-based and
relatively wealthy women are usually better protected.
Laws relating to marital property and inheritance rights remain
discriminatory in most Sub-Saharan African countries and in some others. Widows,
divorced, single or old women are particularly exposed. When customary practices are
tolerated or formally recognised (see topic 1.e), patriarchal power contributes to the
problems women face in access to land.
Women have been further excluded by unequal land distribution and widening
gaps between rich and poor, overemphasis on privatisation, rigid planning procedures,
registration of land rights and individuation of land tenure, and land market
pressure.
The right of women to land and housing needs to be understood in terms of
their entitlements.
A lack or absence of institutional support and gender-sensitive laws,
policies and social practices, a lack of representation on decision-making bodies, and
cultural attitudes are all factors which increase discrimination against
women.
Without gender-aware officials in bodies dealing with land allocation,
inheritance and dispute settlement, a male bias is likely to continue
Adjudication is defined as the process whereby existing rights in a
particular parcel of land are finally and authoritatively ascertained. It is a
prerequisite to registration of title and to land consolidation and redistribution
using title deeds. The process does not alter existing rights or create new
ones.
Adjudication is a tool used especially true when land is first titled.
Generally the adjudication team which interviews the household to assess
‘who’ holds ‘what’ land ‘where’ is male. Generally
the adjudication teams has to identify one individual to whom the title deed will
go.
Adjudication is also the procedure undertaken when there is a dispute over
titled land and a team meets to adjudicate, reach agreement and award the land
rights.
uestions for tool developers
- How can adjudication procedures be made more gender
sensitive?
- Lessons from experience suggest that the most crucial issue regarding
women rights to land is enforcement. Which adjudication bodies and procedures are
likely to take into account women’s right to land, especially with regard to
resolving disputes, inheritance, records and registration of land
rights?
1e. Statutory and customary
Customary tenure is critical in both rural and urban areas. In many
countries in the world the only tenure type available is customary tenure. This is true
both in Africa as well as in Asia (e.g. India). Given the inability of the state to
deliver security of tenure through existing statutory systems, customary tenure is
critically important for food security, agricultural productivity, family and group
right tenure approaches and protects the rights of secondary tenure rights
holders.
For the majority of the poor in Sub-Saharan African cities, and in many
other parts of the world such as the Pacific and parts of Indonesia, low-income demand
for land is overwhelmingly met by informal delivery systems, which combine customary
practices with other informal and formal practices. They work through individuals who
have received their land rights from a customary system, but who treat these rights as
market commodities. Customary “ownership” is usually tolerated, although it
is rarely recognised by governments. Consequently, the populations concerned do not
enjoy full security of tenure. Lack of clarity about the status of land rights may
delay and obstruct development initiatives.
The failure of governments to provide land for the low-income sector, and
the weakness of formal private sector systems have strengthened the attractiveness of
customary land delivery systems in peri-urban areas, including on land which is not
customary in the first place but belongs to the state. They are delivering land to the
poor that formal systems have failed to provide. Compared with formal land delivery
processes, they can deliver at scale, they are cheap, and they provide fast access to
bigger plots. In many settlements, a grassroots land management body can mediate and
arbitrate land disputes and make requests for services and development to public
authorities.
Legal pluralism, land market diversity, and reluctance of governments to
formally recognise customary land delivery and customary social land tenure systems
gives rise to land policies whose unintended impacts can further reduce the access of
poor households to shelter on the one hand and food security on the other.
Furthermore, the drying up of customary land reserves combined with the
accelerated commodification of customary land delivery systems are leading to increased
competition from low-middle and middle-income groups for access to land.
However, recognizing the decision-making power of customary systems and
authorities may have serious implications for women’s land rights (see topic 1 d)
and those of the poor, as land allocation and dispute settlement tend to be dominated
by elites, usually men. At planning level, it impacts negatively on urban management.
Customary land development does not comply with formal planning regulations and norms,
does not provide basic infrastructure and services, and the lack of transaction records
generates a series of land disputes
Questions for tool developers
- Are customary systems a viable alternative to formal systems for
delivering urban housing land to the poor?
- Are customary systems a viable alternative to formal systems for
delivering tenure security in rural areas and for small farmer agricultural
productivity.
- Does State support for customary processes reduce the advantages that
these processes offer to poor people?
- What tools can contribute to streamlining and integrating customary land
delivery practices in urban areas?
- Would incremental formalisation of land tenure practices allow a more
flexible evolution of local land tenure, and thus avoid many of the problems that
have arisen in previous land registration and titling?
- How can we ensure in the short term that there are reliable records of
customary land transactions?
1f. Co-management
approaches
Applied to low-income informal settlements or irrigation schemes, co-management
describes a situation where land management-related tasks (such as land information and
records, tenure upgrading) are carried out jointly by a community and by another actor.
This may be a public actor (local government, or a public body or agency) and/or a
private actor (a private company, an NGO, a local development Institute), and/or a
donor agency or a foundation.
This formula allows community participation in tasks that require professional
qualifications and resources that it does not have. Furthermore, it allows transfer of
knowledge to communities and from communities to professionals.
Land readjustment, land consolidation, land pooling and community land trusts are
kinds of co-management. In some cases – such as land sharing –
co-management approaches may involve private developers, public agencies and
communities.
Public-private partnership in land development is a form of co-management.
Questions for tool developers
- What are the main characteristics of co-management?
- What are the main forms of land co-management, and which areas are
concerned?
- Is co-management a relevant approach to the upgrading and regularisation of
informal settlements?
- Is co-management a relevant approach for the management of irrigation schemes
and/or agricultural inputs?
1g. Land record management for
transactability
The lack of reliable records of land rights and transactions at local or
central levels is one of the main problems hindering the development of land markets.
This concerns mainly, but not exclusively, informal and/or customary land markets. Even
when titles or deeds have been issued and formally registered, land transactions or
transfers may not be systematically recorded, or are recorded in registers that are not
properly kept or updated. The cost of creating and maintaining land records, both in
human and financial terms has meant that most of the developing world is less than 30%
covered by land records held in a registry.
Inadequate land records give rise to a series of difficulties: problems
identifying right-holders, risk of multiple sales of land plots, use of forged deeds or
titles. This situation increases insecurity of tenure and generates land disputes, and
without formal records of deeds or titles, landowners cannot have access to mortgage
loans. Land management is also limited by a lack of records as it is difficult to put
in economic and social services, such as roads, electricity, clinics etc without land
records, also showing where is the state land.
Cadastres or any other appropriate land information systems may improve land
record management. However, they must be considered as a long-term
objective.
In the short term, simplified record techniques and procedures need to be
set up.
These must be compatible with existing LIS, if any, and be able to be
incrementally improved over time, and integrated into an LIS operating at district,
city and national levels (technical obstacles, access to or updating of land-related
information, and cost incurred).
Questions for tool developers
- In informal settlements, where tenure has not yet been regularised, which
land right and transaction record procedures can be implemented?
- In rural customary areas where tenure has not yet been regularised, which
land right and transaction record procedures can be implemented
- What particular techniques and procedures must be envisaged to record
land rights and transactions in informal settlements?
- What particular techniques and procedures must be envisaged to record
land rights and transactions in rural customary areas?
- Which actors are, or could be, in charge of land records/customary
records: local or central administrations, private sector professionals,
communities…?
- How can communities concerned be integrated into the land record
process?
- How can we ensure that land records made at local level are compatible
with – and could later be integrated into – land registration systems
operating at national level?
1h. Family and group rights
Customary rights – which are one form of group rights – are
discussed under topic 1 e.
Family land rights refer to the rights a family group exerts collectively on
a land. Such rights may or may not be recognised by the public authorities or be
registered, but they are recognised by the community to which the family
belongs.
Group land rights refer to situations where people take responsibility for
creating land management and administration rules within the area in which they live
(from a plot to a clearly delineated settlement). They allocate land rights, set the
rules for land transfers, and resolve land-related disputes. The rules set by the group
can be run separately from, but not in opposition to, state rules.
This require social cohesion and well-organised communities that can deal
with the authorities, and they must be backed by appropriate finance mechanisms (e.g.
savings groups in the Baan Mankong programme in Thailand).
The management and administration of group land rights can be handled simply
through oral agreement, or by a registered body. Examples are: (i) cooperatives where
each member receives a share of benefits and costs involved; (ii) Housing Associations,
usually involving a large amount of land and housing stock under one agency; (iii)
Community Land Trusts where ownership is retained by a group, but members are allowed
to hold long-term leases; (iv) Condominium ownership, with individual ownership of the
residential unit and common ownership of shared areas.
Group tenure arrangements may have several advantages: they can help
maintain social cohesion, which frequently breaks down when individual title deedsare
issued; they provide collective security of tenure; records of group arrangements can
be improved over time, thus permitting an incremental approach to tenure upgrading;
they are adapted to the regularisation of informal settlements, they can combine with
land sharing agreements (India and Thailand), they are cost effective in terms of
registration procedures, most customary social land tenure systems in rural areas
involve some form of group right.
The main problems encountered are the frequent reluctance of public
authorities to recognise group rights, difficulties in the identification of rights
holders in the absence of records, and the lack of skills and resources: group tenure
arrangements require specialised land administration approaches and complex forms of
partnerships involving communities, landowners, public authorities or agencies, and
NGOs.
Questions for tool developers
- Can group rights be considered as a sustainable response to provide
security of tenure for informal settlements?
- Can group rights be considered as a sustainable response to provide
security of tenure for rural customary areas?
- Should collective and group arrangements rather be considered only as a
transitional or temporary form of secure tenure?
- How can compatibility be ensured between security of tenure for the group
and for individuals over time (definition of rules for the allocation, use, and
transferability of plots or dwelling units by individual members of the
group)?
- How can group or community interests be protected from individual
strategies, especially when better-off group members are able to link up with the
market system?
- How can we ensure that the poorest segments of the communities are not
excluded from group arrangements (especially cooperatives and
condominiums)?
2. Land use planning
The objective of land use planning is to ensure that land and its resources are used
efficiently for the benefit of the wider economy and population, while protecting the
environment. Land information is an essential tool for land use and spatial planning.
It can be acquired through conventional land information systems. Land information
systems may have various forms and varying levels of accuracy, depending on the purpose
for which they were created: planning (delineation of properties and existing land
use); legal (determination of legal ownership, registrations of transactions); taxation
(determination of the assessed value of the land). Land information is usually provided
by cadastres. They usually combine these three objectives (multipurpose cadastres) or
only two of them. Cadastres must be descriptive, exhaustive and permanently updated. An
updated cadastral system is usually required for the systematic registration of land
titles.
In the case of informal settlements and customary areas land information can be
acquired through participatory planning processes. The community being upgraded is a
key element in the supply of information.
The discussion will focus on land information tools and land-use planning in
relation to informal settlement upgrading and regularisation as well as for sustainable
agriculture and food security. .
2a. Citywide slum upgrading
Responses to the housing needs of the urban poor need to be twofold: the
provision of serviced sites, and in situ upgrading of existing informal settlements.
There are two main forms of intervention: physical upgrading (provision or improvement
of infrastructure and basic services…) and tenure upgrading or regularisation.
Physical and tenure upgrading must be carried out in parallel.
Scaling up remains the major challenge that informal settlement upgrading
and regularisation policies are confronted with.
In the absence of citywide slum upgrading strategies, and without
appropriate legal framework and procedures or human and financial resources, informal
settlements regularization is usually planned on an ad hoc, settlement-by-settlement
basis, with the accompanying risk of increasing market pressure on upgraded slums, and
accelerating gentrification.
Lessons from recent experiences confirm the relevance of citywide
approaches. Instead of focusing on individual settlements or on the city limits as the
area for planning, the focus should be on (i) improving primary infrastructure
networks, and (ii) adopting and enforcing tenure regularisation procedures at city,
regional, or national levels.
Current experience in Thailand ("Baan Mankong" programme) underlines the key
role of citywide programmes in which urban poor organizations are fully involved, the
importance of horizontal linkages between these organisations, and of savings and
credit mechanisms.
Another approach to citywide slum upgrading is that seen in Brazil, where
the national urban land regularisation programme combines community participation at
settlement and city level with government intervention backed by a set of legal
measures adopted at national level, and new urban management concepts (“the City
Statute”).
Questions for tool developers
- What are the main obstacles to defining and enforcing citywide slum
upgrading?
- What are the alternatives to in situ upgrading?
- What are the prerequisites for implementing at city and local levels slum
upgrading strategies adopted at national level?
- What are the most appropriate infrastructure provision options compatible
with citywide incremental slum upgrading strategies?
2b. Citywide spatial planning
Spatial planning brings together and integrates policies for the development
and use of land with other policies and programmes. It refers to the methods used by
the public sector to influence the distribution of people and activities in spaces of
various scales. It goes beyond traditional land use planning, which focuses on the
process of organizing the use of land and its resources to meet people’s needs
over time. However, in many countries, elitist urban planning practices and
exclusionary legal regimes have not been able to provide appropriate responses to the
upgrading and regularisation of informal settlements. Nevertheless, the question of
land regularisation should be considered as one of the central axes in formulating
citywide plans.
Conventional city planning – as illustrated by Master Plans – is
rarely adapted to the situation that prevails in most cities. It is a centralised
top-down process, the collection and processing of information is time-consuming and
costly, it has difficulty in taking into account the de facto situation on the ground,
especially when informal settlements are considered as illegal, and a lack of human
resources makes it difficult to implement the plan at local level. If people on the
ground do not adhere to the plan, it is not sustainable.
Citywide planning can be an alternative to the settlement-by-settlement
approach and conventional planning. It aims to reach the entire population, to make
provision for the future growth of low-income settlements, especially basic rights of
way for primary infrastructure, to provide flexibility and adaptability to planning
documents. A Master Plan can be used as a starting point or for strategic guidelines,
but emphasis is put on participatory planning processes, which involve all
stakeholders, and especially the community: provision of information on the informal
settlements before planning; identification of needs and of slum upgrading priorities;
major infrastructure proposals; zoning alterations; changes in planning norms; cost
recovery. Questions for tool developers
- How can decision-related servicing and land use be linked with security
of tenure issues in spatial planning?
- Which conditions must be met?
- How, and under which conditions, can existing conventional planning tools
– such as Master Plans – be integrated and adapted to the needs of
innovative citywide planning processes involving all stakeholders?
- What changes are required in the legal and regulatory framework,
especially for ensuring adequate cooperation between central and local
institutions?
- Does the implementation of citywide spatial planning require a
specialised agency, or can it rely on existing institutions?
2c. Regional land use planning
Regional planning is a branch of land use planning and deals with the
efficient placement of land use activities, infrastructure and settlement growth across
a significantly larger area of land than an individual city or town.
Regions require various land uses; protection of farmland, cities,
industrial space, transportation hubs and infrastructure, military bases, and
wilderness. Regional planning is the science of efficient placement of infrastructure
and zoning for the sustainable growth of a region. Advocates for regional planning
promote the approach because it can address region-wide environmental, social, and
economic issues which may necessarily require a regional focus.
A ‘region’ in planning terms can be administrative or at least
partially functional, and is likely to include a network of settlements and character
areas.
For decades, except in metropolitan areas, and in the developed countries in
particular, land use planning was mainly limited to densely urbanised or municipal
areas. Planning decisions involving urban regions or neighbouring local authorities
were usually placed under the responsibility of ad-hoc commissions. In many cities, the
implementation of Master Plans has been repeatedly compromised by changes in municipal
boundaries.
Conflicting interests, and a lack of appropriate financial mechanisms for
the construction and maintenance of infrastructure of regional interest have frequently
resulted in major problems, especially regarding transport, water and sanitation.
Furthermore, poor land use control – if any – in areas outside municipal
jurisdictions have attracted both informal developers and low-income communities
excluded from access to land in municipal areas. This phenomenon has been aggravated by
land speculation.
With an accelerated rate of urbanisation, urban sprawl and the extension of
built-up areas far beyond municipal boundaries, and the expansion of informal
settlements it is no longer possible to limit planning interventions to municipal
areas.
Also, with increased occupancy rates in rural areas, an increase in off farm
production and intensive farming methods, land use planning becomes critical for
sustainable land management. It is also critical for the delivery of agricultural
inputs through the supply of road networks, electricity, and railways, as well as for
moving goods to markets in country and for export. Land use planning is also closely
tied with the preservation of the environment, such as sensitive wetlands, coastal zone
areas etc. Questions for tool developers
- What kind of statutory body, or institution, can be made responsible for
(i) defining regional land use planning orientations, and (ii) enforcing planning
regulations?
- What are the main problems raised by the regularisation of informal
settlements located in peri-urban areas not covered by land use planning
regulations?
- Can regional land use planning (i) limit the impact of the land market on
land prices at regional level, and (ii) provide land for resettlements resulting from
tenure regularisation programmes?
- How can land use planning be linked to improved environmental
management?
- How can land use planning be linked to improved food security and
agricultural production?
2d. Land readjustment (slum upgrading and/or
post crisis)
Land readjustment is an approach whereby land-ownership and land use of
fragmented adjoining sites is re-arranged, usually in order to provide land for
development purposes: slum upgrading and regularisation; orderly development of new
residential areas; planned development of vacant areas that are expected to turn into
residential areas.
Land readjustment projects are divided into two phases: (i) readjustment
options are considered and discussed with the owners and occupants; (ii) plots are
reallocated. In urban areas especially, reallocation is based on the value rather than
the size of the land.
Land pooling is a form of land readjustment whereby the whole process is
under the responsibility of a public agency, with all rights holders in a compulsory
partnership.
In post-conflict or -crisis situations, land readjustment or land pooling
may be an effective tool for responding to population distribution changes. It can be
adapted to the re-blocking and regularisation of customary land developments
(Benin).
Another form of land readjustment is land sharing. This is of particular
interest for informal settlement upgrading and regularisation. The owner of land
occupied by an informal settlement is given incentives to lease or sell part of his
property to the occupants, below market price, and to recover and develop the remaining
part of the land.
So far, land readjustment and land pooling as implemented in Taiwan, Japan
or Korea have not really benefited low-income occupants, whose tenure status is
fragile, and drastic increases in land prices following land readjustment have
generally accelerated gentrification in the areas concerned.
Land sharing, as implemented in Thailand, India, or Indonesia, requires
strong community organisation and the coordinated intervention of several stakeholders:
community, land owner, credit institution, land development agencies, government land
administration institutions. Questions for tool
developers
- What are the institutional prerequisites for land readjustment to
work?
- What is the effective cost of land sharing, and what form of financial
support does it require?
- What are the conditions for scaling up land sharing
projects?
- How can the formal private sector be involved in land sharing
processes?
- What are the key blockages to pro poor land readjustment?
3. Land Management, Administration and
Information
Land management is the issue of putting land resources into efficient use, meaning
producing food, shelter and other products or preserving valuable resources for
environmental or cultural reasons. Land administration is the governmental
responsibility to provide security of tenure and information about tenure issues for
property markets and governmental and private business activities. For this,
information is necessary, which is to be provided by land information systems,
sometimes called cadastre. In other words, the government at local and central levels
needs to provide an institutional setup including policy and legislation, organisation
for implementation of the policy and enforcement of the legislation and dissemination
systems to make the information available in society, to benefit tenure security,
property markets, land use planning and taxation and business in general.
Tools to support efficient land management and administration will include the
establishment of efficient organisations, transparent procedures for decision-making
and information technology for collecting, processing, archiving and dissemination of
information. To be meaningful, the information needs a geographical component, which
will include tools for surveying and mapping and geographical analyses (GIS). The
system must be able to produce services to the general public at affordable costs,
which means that land users, who will benefit must feel that the fees etc. they have to
pay for the services are well worth the value the system is producing for them. This is
particular important for pro-poor systems, if improved land administration should be
able to contribute to eradication of poverty.
Organisations for land administration can be governmental, which however not
disclose private participation in different types of work. The management of the
organisation could be independent from the general public administration, e.g. the
management can be able to control income and expenditure, staffing and salaries, within
a certain frame given by government through a goal-and result-based management system.
The responsible officers shall be able to make decisions, based on law without
possibilities for political influence. The law should define certain criteria for
decision-making, providing room for economic development and also protecting existing
rights, whether formal or informal. They should give women and men equal opportunities
and protection in owning property. The rules should promote efficient land management,
and protect environmental and cultural values. Appeal against decisions shall be made
to courts, which are specially designed for land administration. Is it possible to
develop these kind of organisations? Questions for tool developers
- In order to be available for the general public, organisations can be
decentralised. On the other hand, resources are usually very limited and it is
costly to build local organisations. Can internet replace decentralised offices also
in developing countries?
- Computers are very useful for land administration, if the systems
are robust, can be maintained and efficiently managed. Data security and archiving
issues must be arranged in a very careful manner. How can robust computer systems be
developed without being obsolete within a few years?
- New techniques for surveying and mapping open possibilities for
faster and cheaper survey of land parcels with good quality. GPS makes the surveying
procedure much easier but will instead create demands on the establishment of a
geodetic framework in order to make coordinates from different systems compatible.
Digital photogrammetry and remote sensing facilitate mapping. Is hand-held GPS the
answer for cheap surveying technology, which will make it possible to provide land
administration for squatter areas?
- Land administration can contribute to reconciliation in post
conflict areas by providing systems that meet the needs of the people for
fairness and social justice. Tools will include new laws, new technology and the
establishment of new independent organisations and human resource development. Is a
new approach to land administration a necessity for reconciliation in post-conflict
areas?
3a. Spatial units
The land parcel of the cadastre is the basic spatial unit used for land
registration/recording. Conventionally cadastral systems have supplied spatial
information for land administration, spatial planning, billing for cost recovery from
services etc. Given that most developing countries have very little cadastral coverage,
the emphasis should be on the generation of more appropriate forms of large scale
spatial information, rather than on the production of a few accurate cadastral parcels.
This is especially where people cannot afford registered rights. New approaches to
spatial information are required to upgrade and manage.
It is not possible to use only cadastrally surveyed parcels as the only
spatial unit for land management/administration for informal settlements
because:-
- The location of informal settlements on privately owned land does not
always precisely match the cadastral parcels and is likely to cover many properties
in one spatially contiguous unit.
- Often informal settlement takes place on customary land and/or state
land, which is generally not parcelled in developing countries;Often the
boundaries of the informal settlers’ properties do not accord with the
cadastral layout, and this can vary across the settlement and between
settlements.
It is also impossible to use cadastrally surveyed parcels as the only
spatial unit for land management/administration for rural areas with customary tenure
because:-
- The most commonly used geo-spatial references in the rural areas are the
administrative units of the country. Agricultural census data, legal regulations,
policy and centralized/provincial planning decisions are made in terms of the
administrative unit
- Land management decisions are more often taken by socio-territorial
units, such as chiefships, clans or extended families, rather than by administrative
units. Rarely do the boundaries of the administrative units and those of the
socio-territorial areas coincide. Most of the time there is no information on the
boundaries of the socio-territorial areas, even at the level of chiefships, as they
have generally not been mapped
Often the socio-territorial areas overlap each other, for example there
might not be agreement about clan boundaries.
In these situations the parcel of land, i.e. the object on which the rights
are exercised, should be defined in a manner other than accurate land surveys and
geometrical measurements.
Modeling the relationships between people and land as a basis for land
administration and/or land management is of a complex nature. Experiences from practice
teach us that it should and can be done in both a computerized and paper based
environment, and for formal rights as well as for social land tenure systems
(customary, informal). In the development of the Core Cadastral Domain Model (CCDM)
efforts have been made to include customary and informal tenures. When trying to answer
the question on "who hold/owns what where" a domain model that can be used for a land
administration system that can support all forms of land rights and claims, not only
registered land rights, will be needed.
The development of a flexible standard for the Social Tenure Domain Model
(STDM) is relevant because it can be used as a basis for data and process modeling for
software to be used in customary area’s and informal settlement areas, or as
guidelines for the development of a paper based system. A flexible standard means that
it can be extendable and adaptable to local circumstances and it can support both
cadastral and non-cadastral approaches. Non cadastral approaches include a move to land
management, e.g. for slum upgrading, to manage conflicts or to allocate land to
Internally Displaced Persons (IDPs) and refugees. This means that some level of (non
parcel based) object identification has to be supported.
In STDM, a person can be a member of a group, a group can be member of a
group of groups. A person (natural, non natural), a group of persons or a group of
groups can have a one or more rights or socio-tenure-relationships associated, where
each right concerns one or more polygons; polygons can overlap or can be identified
with a label. A right or socio-tenure relationship is always in between persons and
land. A right can be undocumented, in that case the source document is ‘no
document’.
Questions for tool developers
- Does the functionality provided in the CCDM really cover the social land
tenure system requirements?
- Could it support in the management of geo-information derived from
multiple sources for the maintenance of people-land relationships?
- Could it support the delivery of economic and social services to informal
settlements and rural areas, including for pastoralists, where there are no cadastral
parcels?
- Could the CCDM be recommended to GIS and Database Management suppliers or
to ‘open-source’ communities as a functional and technical tool to be
supported by their software products?
- Could it be used for the land management system representing land records
with a minimal spatial component?
- Could it be further specialized to a Social Tenure Domain ModelCan core
data and a common infrastructure only be created by using high accuracy
co-ordinates?
- Are quick and dirty solutions useful over time and/or incrementally
upgradeable?
- How do you manage incrementally altered spatial units in different data
bases, which are being changed to increase inter-operability?
4 Land law and enforcement
4a. Regulatory framework for private
sector
The regulatory framework for land administration, land information
management, planning and building consists of laws, regulations, standards, norms, and
administrative procedures relating to land development that seek to determine what
developers, land-owners, communities and residents are entitled to do with and on that
land. Unless specified, they should apply equally to all these groups, organisations or
individuals seeking to acquire, develop or transfer urban and rural land. The
regulatory framework determines also the rules, responsibilities and procedures
regarding the collect and the processing of land information, and land
administration.
There are a number of challenges in creating a pro poor regulatory
framework such as, what should the fee structure be to the public, what should be the
cost recovery policy and should there be cross subsidies to help the poor. Also, there
is an ongoing debate in the world as to whether the state should supply the
infrastructure as a public good to which the private sector, local government and
private individuals can add value in order to address poverty alleviation, drive the
economy and deliver economic and social services. In some countries the emphasis is on
the private sector driving the development of the infrastructure as a business
operation. In re-thinking these issues it has also been necessary to re-think the role
of the public sector and the role of the private sector, as well as public-public
partnerships and public-private partnerships. In undertaking this re-thinking also in
regard to the land sector, it has been found that these PPPs, as they are known, are
highly complex and require extensive capacity within the public sector to be properly
managed. This in turn has become problematic in weak states. Finally, a key part of
this PPP relationship relates to the copyright laws and the law on spatial information
within a country. If the correct laws are not in place conflict can result, as well as
non transparency, blocked data flows and an inability to plan and budget forwards. All
of these affect the ability of countries to address security of tenure, land delivery
and land management issues.
When applied to urban areas, empirical observations confirm that, in
most cities, the control of urban growth by conventional planning norms and regulations
is becoming less and less effective, and is tending to inhibit the implementation of
initiatives designed to increase access to land.
On the one hand, established norms are often in conflict with the
needs and interests of the population that live in informal settlements. The present
land and building regulatory framework is not relevant to the needs of the majority. It
usually serves the needs of minorities in the population, who are able to comply. On
the other hand, rigid planning norms and standards and time-consuming procedures for
land and housing development discourage private sector developers from investing in
low- and medium-cost land or housing development projects.
The design and implementation of legal and regulatory tools to
reduce homelessness, especially unrealistic legal restrictions on access to land, land
use and tenure regularisation, need to be improved.
The objective is to reduce the production costs of serviced land for
housing, to avoid rendering informal land and housing production processes illegal, and
to reduce procedures which have discriminatory or segregationary effects.
Questions for tool developers
- What are the key issues that would have to be considered
when creating a pro poor regulatory framework?
- Why is cost recovery a problem and how can this be
solved?
- Should countries spend tax payers money on creating a
basic land infrastructure which all people can benefit from?What would be the best
methodology for reviewing land law and assessing the legislation that impacts on (i)
the land development activities of the private sector, and (ii) the provision of land
for low income groups?
- How do we ensure that a reduction in norms and standards
for the formal private sector, especially access to land and development rights, does
not impact negatively on the low income groups (encroachment of formal private market
on the informal market)?
- How do we ensure a minimum set of norms or guidelines for
planning standards with regard to land development, basic service provision and
regularisation of informal settlements?
4b. Legal allocation of the
assets of a deceased person (Estates administration, HIV/AIDS areas)
Administering an estate involves dealing with all the
property, investments and other assets of the person who has died and settling all
their debts and then distributing the estate between the beneficiaries entitled under
the deceased's Will or the Intestacy Rules. If the person who has died has left a Will;
this is proved by the Executors and a Grant of Probate is obtained. If there is no
Will, the deceased is said to have died "Intestate" and his or her estate is
distributed in accordance with statutory rules. The state has a key role in this, and
for example sometimes a court process is involved and in some countries a magistrate
can make an executive decision without the court process or the involvement of
professionals.
The impact of HIV/AIDS on the right to land and housing in
urban areas and on rural agricultural productivity needs to be documented further. Each
phase of the disease (from asymptomatic to critical illness and death) is associated
with a different impact, which has different implications for land issues. The link
between HIV/AIDS affected people and the distribution of assets, especially the land,
property and housing, has not been adequately documented.
Clear rights to land can contribute positively to households
affected by the epidemic, as this can underpin livelihoods and economic development by
removing uncertainty. HIV/AIDS follows the social fault lines in a society, with
marginalized groups being disproportionately vulnerable.
Gender inequality is one of the driving forces behind the
spread of HIV. Men frequently have greater access to resources, including land, credit,
knowledge, training and technology, than women. With the death of her husband, a woman
may lose the access she had gained through him or his clan and this immediately
threatens her livelihood, and that of her children.
Policies that aggravate tenure insecurity and ignore the
rights and/or interests of women and children are not addressing appropriately the
impact of HIV/AIDS on poor urban households.
Gender issues, including the social status and vulnerability
of women, their inheritance rights and access to resources, need to be specifically
addressed. Questions for tool developers
- What methodology and tools should be used as a basis for
an assessment of pro-poor land administration in the context of
HIV/AIDS?
- What policies, tools and procedures are best adapted to
protect the rights to land, property and housing of those affected by HIV/AIDS ,
especially widows and orphans?
- What are the most appropriate procedures for
administrating an estate, also in the case of intestacy, and which institutions
should be involved?
- How can the systems be made more pro poor and
accessible?
4c. Expropriation, eviction
and compensation
Current dynamics accompanying the liberalisation of land
markets in many developing countries, and nationwide land titling programmes carried
out in the name of economic development and poverty reduction, and infrastructure for
development such as dams, are increasing market pressure on low-income settlements.
Many of the evictions that result from these dynamics are not recorded as such, either
because they do not require the use of force, or because some form of compensation is
paid to the displaced households, regardless of how fair and equitable this
compensation may be.
In the case of formal settlement, expropriated owners are
entitled to receive compensation corresponding to the market value of their property.
Occupants in customary areas or informal settlements are in a different situation:
their irregular situation regarding planning, development and/or construction norms,
and their tenure status, including the use of natural resourcesmeans that they are not
entitled to claim compensation. Yet this has a direct impact on their
livelihoods.
In some cases, the terms of the negotiations between
communities living in customary areas and informal settlements, and public authorities
and landowners or developers can be considered as being fair.
In many cases, however, the households concerned are not
paid compensation corresponding to the replacement cost of the dwelling unit in case of
eviction or expropriation or the replacement cost of their land and the natural
resources they require to maintain their livelihoods.
There is a need for a better understanding of the mechanisms
and processes involved in market-driven and development driven displacements or
evictions and the development of pro poor approaches. Questions for tool
developers
- What are the mechanisms involved in market-driven
eviction processes?
- How can we evaluate the amount of compensation awarded in
the case of informal settlements and customary tenures, where occupants are, by
definition, “evicted” and not
“expropriated”?
-
What does “fair” compensation mean? Does it
correspond to the replacement cost of the dwelling unit in a location that has
similar advantages? To the land plus the natural resources under use on that piece
of land and beyond that piece of land?
5.Land Value Taxation
Land value taxation (LVT) is the practice of creating local and/or
state revenue by charging each titleholder to land a portion (%) of the value of the
site but not for buildings. LVT can be used to produce revenue for public purposes and
for fostering more efficient use of land, including natural resources. The poor would
benefits from LVT via i.e. cross subsidies regarding infrastructure etc.
Without land tax there is vast amount of speculation in land which
is pushing the price of land sky high and making it unaffordable for the poor in
cities. This is especially important for regions where political patronage is linked to
land.
5a. Land tax for financial and land
management
Looking first at the instrumental justifications, paying
this fee encourages a landowner to develop vacant and under-utilized land to the full
extent that its value warrants, or to make way for others who will. Sites are
consequently used more efficiently, dilapidated inner-city areas are returned to good
use, which reduces urban sprawl. LVT deters speculative land holding and enables a
society to provide sustainable and wider access to the use of land. This allows women
and men, poor and affluent, uneducated or well educated, all to gain access to land in
more affordable manner. It enables secure land tenure by owners willing to pay for the
land advantages they find important. This approach to revenue production stimulates new
business and new employment, reducing the need for government
assistance.
Economically LVT makes sense because, it does not distort
market mechanisms or otherwise burden the economy the way most other taxes do. It is a
cheap and efficient levy to administer because much less effort is required to track
land ownership and value than to track income or sales transactions. Tax evasion on
land is much more difficult than on financial wealth because land cannot be hidden,
removed to a tax haven, or concealed in an electronic data system. Even in the poorest
of communities the tools are readily available to implement this
policy.
There are also compelling moral reasons for LVT. Land
(unlike goods and services) has no cost of production. If an ample supply of land of
equal desirability were available everywhere, there would be nothing to pay for its
use. In reality land acquires a scarcity value owing to the competing needs of
community members for living, working and leisure space. Thus land value owes nothing
to individual effort and everything to the community at large. It belongs justly and
uniquely to the community. Conversely, the reward for individual effort rightfully
belongs to the one who earns it. Because of differences in location, fertility or
natural resources, some places are more advantageous than others. Only demand for
access to these advantages gives land its value.
Land values are created mainly by factors that are not the
result of the landowner's own effort; for example, the creation of new infrastructure,
new public transportation, or re-zoning. All can radically change the value of a piece
of land. LVT provides a method of recouping windfall changes to land value that occur
as a result of investment by the community, placing less of the burden on taxpayers who
don't directly benefit. This allows reductions in existing taxes on labor (wages) and
enterprise (sales). The LVT is progressive because the land tax cannot be passed on to
a tenant; competitive markets, and not landlord overheads set rental
prices.
The natural world is rightfully the common property of all
persons, and therefore the LVT is not really a tax, but simply the collection of rent
(a user fee) on behalf of the community. For eight thousand years worldwide, LVT has
been the primary basis for producing public revenue and is easy for people to
understand. LVT is the appropriate instrument for the urgent fight against global
inequity and poverty.
Questions for tool
developers
- Where has LVT been implemented?
- How difficult is it to assess land
values?
- How would you implement LVT in a small community with
limited resources and what are the barriers?
- Is it fair to tax existing landowners who have not been
taxed in the past?
- Is it fair to tax the poor?
- What if there is no valuation profession in place in the
country?
6 Cross cutting
issues
6a. Modernising of land agencies
budget approach.
Developing countries have problems to establish efficient
government organisations. The inefficient taxation systems, demands on downsizing of
the governmental sector, privatisation and other measures make it difficult to develop
governmental organisations. Managers of governmental organisations are not able to
control economy, investments, staffing policy etc. but are depending on decisions by
other ministries, like Ministry of Finance, Ministry of Public Administration etc.
Decisions become often highly politicised
Several developing countries have experiences of
establishing parastatal organisations more or less independent from the State Treasury.
The experiences of these are mixed.
Globally, land agencies are becoming more and more
dependent, not on governmental funding, but on funding from the customers through
different kinds of service fees. When real property markets develop, the possibilities
to finance land agencies from user fees will increase. This will not only improve
financing for the agency, but also make the organisation more dependent on its customer
relations and on the need to deliver good services in order to receive
income.
A goal and result-based management system for a governmental
agency with an independent budget can e.g. include:
- - Goals decided by government for the organisation in
annual budget dialogue
- - Freedom for the management of the organisation to
decide on investments, staffing, salaries etc. within the given
goals
- - Reporting by end of the year to the government on the
obtained results.
- - The government may decide the fee levels in order to be
able to put pressure on the organisation on improvements of
efficiency.
To be able to contribute to poverty eradication, land
administration must be able to deliver its services to poor people at affordable costs.
Cost for registration of property rights can be reduced significantly by use of modern
technology for surveying and mapping, especially remote sensing from aircraft-born
sensors, the production of orthophoto maps and the use of GPS in different ways. The
demand on the quality on registration services, the degree of accuracy needed,
especially for the graphical component can be adjusted to the most important needs of
the community, e.g from numbering of houses, survey of the peripheral of the community,
to survey of each individual parcel, if legal boundaries (agreed among the users) the
are defined. If no legal boundaries are defined on the ground, there is perhaps not any
need for survey.
Cost can also be reduced by proper management systems, use
of computer technology in a cost-efficient manner and organisational development,
including decentralisation of responsibilities to local levels.
It can also be considered to subsidise registration fees for
poor people by funds from the State budget or through fees from more wealthy parts of
the land parcels. Active support and awareness campaigns to explain the benefits of
land registration for poor people and especially to strengthen women´s rights to
property can be example of subsidised activities motivated by the political will to
implement the millennium goals.
Questions for tool
developers
- Are developing countries able to develop management systems that
will make more independent funding of land agencies possible?
- How can the budgets of land agencies be modernised?
- How can the products and/or activities of land agencies be better
costed?
6b. Measuring tenure security for the
MDGs
Target 11 of the MDG is “to improve substantially the
lives of at least 100 million slum dwellers by 2020, while providing adequate
alternatives to new slum formation”.
Achieving these objectives requires nationwide upgrading
programmes in existing slums or informal settlements, and preventive actions through
the provision of serviced land for housing the urban poor. One of the main
prerequisites for any intervention is security of tenure.
An accurate enumeration of conditions for tenure security is
a prerequisite to (i) evaluating various levels of insecurity and corresponding risks
of eviction, (ii) providing a normative foundation for promoting secure tenure and
guidelines for statutory recognition of secure tenure, (iii) identifying and developing
global norms for secure tenure, and (iv) producing appropriate composite indicators for
monitoring and assessing the impact of tenure security policies at national, city, and
settlement levels. Questions for tool developers
- What should be the content of a global and comprehensive
tool for characterising tenure status and corresponding security of tenure? For
example, based on four sets of interrelated parameters, namely: (i) primary tenure
rights on land, (ii) land tenure, (iii) occupancy status of the dwelling unit, (iv)
type of development.
- What are or might be the components of a global indicator
of security of tenure? For example, (i) national provisions against forced eviction;
(ii) effective protection against forced eviction; (iii) administrative practices
regarding security of tenure; (iv) appropriate record of land rights; (v)
women’s equal right to secure tenure; (vi) perception of secure tenure at
settlement level; (vii) market pressure at settlement level; (viii) people affected
by, or under threat of, forced eviction.
6c. Capacity building for
sustainability
Land administration organisations need access to competent
staff in order to manage the organisation, develop methodology, and be able to make
decisions based on law in a transparent manner. They also need to be accessible, among
others through decentralisation to local offices. There is a considerable demand on
qualified staff for the development of the land administration system and for its
sustainability.
Staff can be provided through training at training
institutes in different topics within land administration, such as land use planning,
surveying and mapping, land registration, land valuation etc. But is there any meaning
in educating people, if the land agency does not have the funds to employ the trained
staff? In other words, capacity building must be integrated with institutional
development
Capacity building of land administration organisations for
poverty eradication will among others call for:
- - Assessment of existing training capacities, demand for
training, of new officers (formal training) and life-time competence development of
existing staff
- - Assessment of demands on training due to new approaches
to the integration of formal and informal land tenure system, customary rights,
gender awareness etc.
- - The development of a balanced approach to
decentralisation between demand for trained staff, the quality of the training, the
affordability for local government to employ staff of certain quality, and the most
urgent needs for improvement of land administration
- - Forms of training, formal through institutions, more
sandwich approaches, longer and shorter programmes, seminars, workshops, e-studies
etc.
Questions for tool
developers
- Decentralisation programmes call for the employment of
land administration officers at local level e.g. registrars, valuers, planners and
surveyors, which cannot be afforded by local communities. Is the training in these
different topics suitable or is there also a need of a training programme for a land
officer, who can handle all upcoming land administration tasks in the local
administration?
- Land administration organisations need to adapt to new
demands on services in society. This call for change of methods and attitudes in the
organisation will affect employees at all levels. In other words, land administration
organisations need to develop into learning organisations, adapting strategies for
change. One important tool for change within an organisation is competence
development among its members. How can possibilities for continued competence
development be increased for land administration organisations?
6d. Land access/land
reform
Land reform is the process of examining and changing laws,
regulations and customs relating to land ownership and land tenure. The most frequent
types of land reform are government-initiated transfers of ownership, with or without
consent of and compensation to the original owners. These mainly concern agricultural
land.
In urban areas, redistributive land policies through
conventional land reforms, as initiated in the 1970s and 1980s, have achieved limited
results, likewise attempts to limit access to land, such as putting a ceiling on
property laws. During the last two decades, land reforms in former socialist countries
and in most Sub-Saharan African countries have emphasised land privatisation. New Land
Codes and Land Laws have put an end to the State monopoly on land and introduced
private property, with the objective of stimulating private investment and enabling
housing markets to work. Nationwide titling programmes to integrate informal tenures
within the formal market usually accompany these reforms. Their impact on access to
land for the poor is debatable, and has not as yet been properly
assessed.
With a rather different perspective, other countries –
such as Brazil – have adopted and implemented de facto land reforms based on a
series of ground-breaking constitutional, legal and regulatory measures, aiming to
improve access to land for the urban poor through urban land policies, special use
concession procedures, expropriation through progressive taxation, and special adverse
possession rights.
Those countries that have undertaken large scale rural land
reform and redistribution, such as Japan, have been able to lift their GDP in the
medium to long term. Many countries such as India have not succeeded in implementing
ambitious rural land reform policies and this has affected the GDP of the country by at
least 1 percent. Rural land reform has failed in South Africa and new measures are
being implemented to speed up land redistribution. Questions for tool
developers
- What are the most appropriate legal tools for ensuring
speedy, fair and equitable access to land for the poor?
- What is the impact of land reforms based upon
privatisation and systematic land rights registration on access to land by the
poor?
- What methodology should be used to assess and evaluate
the social and economic impact of land reforms?
6e. Key characteristics of a
gendered tool
The role of nurturing homes and families demand a stable and
secure land and housing, and women are at the centre of these processes. Historically,
women in the midst of deprivation or abundance, during peaceful times or violent
periods, have faced these roles as a matter of their daily challenge which society has
assigned to them.
In the last twenty years or so, grassroots women have
organised in the neighbourhood, village, city and district and also both at the
national and international levels to push for the recognition and support for their
contributions to land and settlements development.
For instance the coalitions and federations in various parts
of the world working with the Huairou Commission, which was established after the
Istanbul II in 1996 to monitor the implementation of the gender agenda in the recent UN
World Summits, have gathered at Grassroots Women International Academy (GWIA) to share
and examine their efforts on how women organize, negotiate, produce and network with
diverse stakeholders with the aim of securing land ,shelter, livelihood etc. for
themselves, their families and communities.
Dialogue among grassroots women, as well as with other
sectors concerned with land and shelter issues such as local and national governments,
housing finance institutions, technical professionals and social scientists also
provided said grassroots movements to sharpen and strengthen their local as well as
national organizing and advocacies to put gender perspective in
governance.
These processes continue to expand the reach and impact of
grassroots womens’ contribution to securing land tenure, improving shelter and
other aspects of a sustainable settlement development.
Thus, the establishment of the GLTN is certainly a welcome
opportunity for pushing for the recognition of women’s work in land and
settlements issues. The GLTN is likewise a platform to better understand not just the
distinct features of women’s contributions to land tenure tools, but equally
important to analyse, how such tools address the issues of marginalization, inequality,
discrimination, violence and other forms of subordination that women and girls
experience in land and housing processes.
Thus, the discussion aims to generate sharing and exchange,
examination and also affirmation of common principles, tools for securing land tenure
arising from a continuum of economic and political, cultural landscape that organised
women and their communities have identified, agreed upon and struggled and negotiated
for, or for some, sacrificed their lives.
Questions involving organising, consensus building,
identifying and developing tools benefiting girls and women, whether in urban or rural,
from legislation, to capacity building, to advocating for neighbourhood/district plans,
to actual housing production as cooperative enterprise, or developing credit and
financial access, developing local, sustainable environmental/agricultural technologies
to increase household incomes and local economic development are among the possible
issues that will be covered by the online discussion. Questions for tool
developers
- Are gendered tools creating a more equitable division of
labour not only between men and women, but also among the different
stakeholders?
- What are the current strategic opportunities as well as
challenges in both urban and rural politics that grassroots women
organisations/movements are faced with to push gendered tools?
- What are the challenges to creating gendered tools at
scale?
6f. Grassroots methodology
for tool development at scale
Ensuring genuine grassroots participation within the Global Land
Tool Network enhances the prospects that high quality and useful land tools will be
designed, disseminated and used in practice. Grassroots participation has been defined
as ‘a planned process whereby local groups are clarifying and expressing their
own needs and objectives and taking collective action to meet them.’ The
grassroots should ordinarily be seen as those groups who are the intended beneficiaries
of the relevant pro-poor land tools. In urban areas this would include women residents
of informal settlements, low-income tenants, low-income owners in slum conditions and
marginalised groups affected by urbanisation such as indigenous peoples and small
farmers. In rural areas, the categories would cover small farmers (tenants, freehold,
informal) small and nomadic pastoralists, landless labourers, Indigenous peoples,
informal settlements, refugees/IDPs. Within each of the listed categories of persons,
the majority tend to be women, so ensuring that grassroots tools are gendered is
crucial.
Entry points for participation
The grassroots methodology could allow for participation at a number
juncture points within the GLTN framework of action which should facilitate a virtual
feedback loop between research and action:
- - Documentation of existing tools developed by the
grassroots.
- - Participation in the development and review of new or updated
land tools.
- - Dissemination of land tools.
- - Testing of land tools.
- - Ongoing transfer of knowledge of land issues.
Possible models of participation
The model for permitting grassroots participation at these levels
issues may vary according to context but could include the following:
- - Use of existing grassroots networks that have contact with GLTN
international and regional partners.
- - Focus groups with community representatives in selected
countries.
- - Internet forums on particular issues (e.g. digital divide
problem).
- - Participation of grassroots representatives in national,
regional and international multi-stakeholder GLTN workshops for tool
development.
- - Pilot projects for testing of tools.
Questions for tool developers
- Are there other grassroots participation models that should be
considered? Or should GLTN only choose one model?
- The number and diversity of grassroots groups is significant. How
will GLTN address the non-homogeneity and size of such groups within its limited
capacity?
- How do we ensure that lessons learned at the grassroots level can
be scaled up into useful multi-stakeholder tools? Or should separate tools be
developed for the different stakeholders such as grassroots groups, local
authorities, national authorities etc.
- Should a separate land tool be developed on grassroots
participation, so that stakeholders are aware of how grassroots participation can be
achieved with all tools?
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