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Good Land Governance Policy Paper

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Interest in land governance and FAO/HAB response. Review of potential analytical approaches & findings ... International NGOs/ Charities ... – PowerPoint PPT presentation

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Title: Good Land Governance Policy Paper


1
Good Land GovernancePolicy Paper
  • Progress to date and the way forward

2
Presentation Overview
  • Interest in land governance and FAO/HAB response
  • Review of potential analytical approaches
    findings
  • Land governance definition critical elements
  • Stakeholders, key actors, interests, constraints
  • Some critical issues in land governance
  • Good land Governance - Principles
  • Land governance some good practice and tools
  • Lessons Learned and Way forward

3
New interest in land governance?
  • Land is on the mainstream development agenda
    (de Soto, CLEP, slum dwellers, etc.)
  • Failure to resolve land issues increasingly
    recognized as a barrier to achieving other
    development objectives, including the MDGs (eg.
    Target 7/11)
  • Existing approaches have not been widely
    successful technical focus, not pro-poor or
    gender-sensitive, capacity issues, sustainability
    issues, etc.
  • Recognition of the need for new approaches

4
Why the interest in land governance?
  • It is now widely realized that the almost
    exclusive focus on formal title in the 1975 paper
    was inappropriate, and that much greater
    attention to the legality and legitimacy of
    existing institutional arrangements will be
    required.
  • Indeed, issues of governance, conflict
    resolution, and corruption, which were hardly
    recognized in the 1975 paper, are among the key
    reasons why land is coming to the forefront of
    the discussion in many countries.
  • Source World Bank PRR 2003

5
FAO UN-HABITAT Collaboration on LGOrigins and
Objectives
  • Paradox increased references to the concept of
    land governance, while no clear understanding
    of the term
  • FAO/UN-HABITAT Response undertake rapid desk
    review to
  • (i) review existing literature on governance
    land governance
  • (ii) identify potentially useful analytical
    perspectives
  • (iii) develop a working definition of land
    governance and principles of good land
    governance
  • (iv) identify key issues, good practices and
    tools

6
Potential Governance Approaches to Land
Three Sources
  • 1. Policy Analysis
  • Focus decision-maker decision-making process
  • Useful insights rational model,
  • Limits politics exogenous
  • 2. Political Science
  • Focus Power, politics and interests
  • Useful Insights pluralism, fragmented power,
    informal, elites
  • Limits challenge of application
  • 3. Economic Theory (public choice/rational
    choice)
  • Focus individual behaviour explained by
    market-based decisions
  • Useful insights self-interest, political
    market-place, failure of regulatory instruments,
    rent-seeking behaviour
  • Limits complexity and group behaviour difficult
    to explain

7
Potential Analytical Approaches Broad Findings
  • No agreed definition of land governance, in fact,
    few definitions
  • Many useful insights into why policy reform does,
    or does not, succeed
  • No single analytical approach exists to date to
    operationalize a land governance approach
  • Deeper appreciation of the importance of
    analyzing actors, interests/incentives,
    constraints and relationships

8
Land governance
a simplified working definition
  • Land governance is the process by which
    decisions are made regarding the access to and
    use of land, the manner in which those decisions
    are implemented and the way that conflicting
    interests in land are reconciled

9
Land governance
Some key elements embedded in the
definition
  • Focus on decision-making, implementation and
    conflict resolution
  • Emphasis on both process and outcomes
  • Need to understand both institutions (rules) and
    organisations (entities)
  • Recognize statutory as well as customary
    informal/extra-legal institutions and
    organisations
  • Analyzes stakeholders, interests, incentives
    constraints

10
Land Governance - Stakeholders
  • Actors with interests in land
  • Public sector
  • Traditional authorities
  • Private sector (formal informal)
  • Civil society
  • Households/individuals

11
Example of Post-Disaster Land Stakeholders
Public Sector Private Sector Civil Society
Politicians Military (where appropriate) Disaster Management institutions (existing and specially created) Line Ministries Land, Housing, Justice, Forestry, Agriculture, Planning, etc. Local Government state/ provincial, district/ward, village, municipal departments related to land and land management Professionals land professionals, city managers, planners, regional planners, engineers, architects, natural resource managers, finance, Land developers (formal/informal) Estate agents (formal/informal) Lawyers, notaries Surveyors, Planners, engineers, other professional groups/societies Construction industry Bankers, savings organisations, micro-finance, money-lenders, Chamber of Commerce Media Small holders/ farmer groups Non-governmental organisations Community-based organisations Civil society organisations Universities, research institutes, technical institutes Religious and faith-based orgs Media organisations
Traditional Authorities Households/Individuals Intl Development Partners
Traditional Chiefs, elders, councils Informal settlement leaders Conflict resolution mechanisms Influential persons (religious, etc) Women and men across socio-economic, ethnic, religious and other groupings Specific beneficiaries of land related programmes Specific people affected by land management decisions (eg. Expropriation, evictions, etc.) Land owners and leaseholders People on intermediate forms of tenure (certificates, group title, etc) Landlords and tenants Squatters Sharecroppers Refugees and internally displaced people World Bank UN Agencies Bilateral agencies Private Foundations International NGOs/ Charities
12
Conflicting Interests in Land
Source Campbell 1999
13
Some Critical Land Governance Issues
  • Land policy and the land policy process
  • State lands and customary lands management
  • Slum upgrading and informal settlements
  • Land use planning
  • Land conflict resolution
  • Land reform land administration reform
  • Expropriation and compensation
  • Access to land in post disaster and post conflict
    situations
  • Gender and inheritance rights

14
Good Land Governance Nine Principles
  1. Security
  2. Sustainability
  3. Equity
  4. Effectiveness and Efficiency
  5. Rule of law
  6. Subsidiarity
  7. Transparency
  8. Accountability
  9. Civic Engagement

15
Principles for Good Land Governance
  • 1. Security
  • - Security of tenure no forced evictions
  • Land and property rights
  • Post conflict/post disaster contexts particularly
    sensitive
  • 2. Sustainability
  • - Land use balances social, economic and
    environmental needs
  • Land administration systems are affordable,
    accessible to all, can be maintained
    and updated over time, capacity-building
  • Equity
  • Pro-poor, gender sensitive
  • Continuum of land rights

16
Principles for Good Land Governance
  • 4. Effectiveness and Efficiency
  • - Land administration
  • Simplified rules and procedures
  • Service orientation
  • 5. Rule of Law
  • - Respect for legal pluralism
  • Laws, rules and procedures consistently and
    impartially enforced
  • Traditional and alternative dispute resolution
    included
  • 6. Subsidiarity
  • Decentralization of decision-making and
    management
  • Capacity-building needs addressed

17
Principles for Good Land Governance
  • 7. Transparency
  • - Access to information regarding rules and
    procedures, costs
  • Policy-making and decision-making processes
  • Procurement, recruitment, expenditures
  • 8. Accountability
  • - Land-use planning and management
  • State-land and communal land management
  • Prevention of corruption
  • 9. Civic Engagement
  • Dialogue and consensus building orientation
  • Actively facilitating participation of all
    groups active participation

18
Land Governance Good Practice Tools
  • Land Administration Domain Model integrates
    different tenure forms
  • Participatory development of eviction guidelines
    (eg. South Africa)
  • Community-Driven Adjudication (eg. Indonesia
    post-tsunami)
  • Rural Path to Property (eg. Mozambique 1996-97)
  • FIGs Land Professionals Code of Conduct
  • Quebecs On-line Land Registry (Canada)
  • Common property demarcation and management
    (Afghanistan)
  • Kenya Joint Assistance Strategy for Land and the
    Development
    Partners Group on Land

19
Example Kenya Joint Assistance Strategy (KJAS)
  • Background
  • Ministry of Lands requests increased donor
    support for the land sector (2003)
  • Development Partners Group on Land (DPGL)
    established (16 partners currently with
    UN-HABITAT as
    Chair) to provide more effective and coordinated
    support
  • Kenya National Land Policy process established
    basket fund support from donors
  • Lessons Learned and potential good practice
  • Replace existing donor country strategies (a
    major shift in current practice)
  • Consensus-building approach requires long-term
    commitment, dedicated staff, access to funds and
    technical capacity
  • Political and other risk management is major
    role of DPLG Secretariat
  • Ensuring on-going process management and
    tangible delivery of results critical

20
Lessons-Learned Way Forward
  • Lessons Learned
  • Many of us experiencing slippage in development
    and implementation of land
    projects
  • Reasons for this are not purely technical,
    managerial, or institutional
  • Much to do with the political economy of land,
    nature of vested interests, etc.
  • Way Forward for Land Governance
  • Emphasis on the political economy of land to
    improve quality/efficiency
  • Renewed focus on understanding land markets,
    especially urban and peri-urban
  • Need to develop new tools to support the
    effective operationalization of a good land
    governance approach (including political risk
    management tools)

21
Thank you
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