Land information and the Global Land Tool Network

Clarissa AugustinusChief, Land Tenure and Property Administration Section

Content

1. Expectations2. Historical developments & land functions3. Vision and mission of GLTN4. What is GLTN and the GLTN agenda

What you already know about land and gender+

This presentation on conventional land administration approaches =

New knowledge, new questions, new problems, ?new solutions & some common ground for us to work together over the next 2 days

Expectations

Historical development of the global land agenda1. During the last 15 years stakeholders have identified that there are a lack of pro poor

approaches to land.2. Civil society has been lobbying governments to deal with rural and urban poor land issues.3. Experts, prominent land lawyers and planners promoting the land tool agenda. FIG identified

that technical tools needed for pro poor land administration approaches & working group established.

4. Approximately 15 countries in Africa developed pro poor policies and tenure types. Now in search of pro poor instruments and methods for implementation.

5. The World Bank carried out regional workshops, released report on Land Policies for Growth and Poverty Reduction. The bank is now undertaking research on pro poor implementation.

6. The UN General Assembly Resolution 59/239 encouraging countries to promote the administration of land and property rights.

7. Numerous international conventions around housing rights.

Bias

• Quick and dirty• Building knowledge to engage further –to build lobbying capacity• Conventional land administration –law, planning, surveying• Examples demonstrate variables, each country same variables but in different

shape and different linkages• Think about your system in terms of variables and identify processes, not in terms

of the fact that facts in your country are different• Little known on gender and land administration, no overview• About facts and about strategic choices• Glossary of terms –hard copy

Policy, law, tenure, systems Land policy

(e.g. gender)

Land management

Land administration(register/ cadastre/ land records/information) (Gender?)

Land law/regulatory framework

Tenure/Land rights (content of the rights)

Systems to implement land rights

Definitions• Definition of Land tenure

– It is about the man- man- land relationship (Bohannen)– It is concerned with individual, collective and societal interest in land

and its resources– It is about the relationship among individuals and their relationships

between them

• Definition of Land Administration– Commonly “the process of determining, recoding and disseminating

information about ownership, value and use of land when implementing land management polices (UNECE 1996)

• What are the implication of this in terms of gender?

Land administration functions including non conventional

• Juridical (including the informal forms)- the allocation of rights to land, the delimitation of the parcel, adjudication and registration (the process of making and keeping records of property rights)

• Regulatory (including informal forms) –land use controls• Fiscal (including informal forms) –property assessment (valuation) and property

taxation• Information management (including informal forms)• Enforcement (what makes a land right valuable is that the claim can be enforced

through either a formal system (e.g., courts) or an informal system (e.g., through community pressure)

Definition of land management

Land management- "is the art or science of making informed decisions about the allocation, use and development of the earth's natural and built resources. Land management includes resource management, land administration arrangements, land policy and land information management." (Jeyanandan, Williamson and Hunter:1990). "It extends from the making of fundamental policy decisions by politicians and governments to routine operational decisions made each day by land administrators such as land surveyors, valuers and land registrars." Land management "..is both the science and art that is concerned with technology, the people who use it, and the organizational and administrative structures that support them." (Dale and McLaughlin:1988).

HOW DO WE MAKE LAND MANAGEMENT GENDER SENSITIVE?

Bundle of rights/claimsLand is not a single entity owned by only one person at a time. Rather, land rights in a

parcel (piece) of land can be equated to a bundle of sticks, where each stick represents a different thing that can be done with the land. Each individual stick defines a way in which the land may be used, the profit that may be derived from it, or the manner in which some or all of the rights may be disposed of, to other people, or to organisations. For each right in the parcel there will be an ‘owner’ (UNCHS:1990:4). Thus one owner may hold the overall registered rights to the land through a title deed. One part of this land may also be a servitude (easement) for underground cabling for the local authority, also documented and registered. An informal settlement may cover the entire property and these residents may have rights under an anti-eviction law. The leaders of this settlement may keep a community register showing who is resident in the settlement. Intra-household relations issues.

Same piece of land

Owner of land

Servitude for under-ground cabling

Slum dwellers who ‘own’ the land

Tenants of slum dweller ‘owners’ and intra-household relations

Bundle of rights/claims

Some terms on land administration (1)• Land registration/land record• State or public land (national and local government), private land –register/record• Cadastre/cadastral surveying –legal boundary –for the purpose of wider society

replacing the boundary in the same place• Cadastre –legal, fiscal, physical (marks/pegs), planning• Title deed search to the root title• Unique identifying numbers/PID• Adverse possession• Land information system/geographic information system• Land information management system and information flows

Adjudication• ‘Who’ holds ‘what rights’ ‘where’• Definition -"is 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. ...the process does not alter existing rights or create new ones." (Dale and McLaughlin: 1988)

• (1) adjudication (finding who owns what); (2) demarcation (putting in corner beacons); (3) survey (of the boundary beacons); and (4) documentation (recording the results) (UNCHS, 1990).

• Rights of women within families• Multiple rights/claims in the bundle of rights• Upgrading• Enumeration

Some terms on land administration (2)• Upgrading vs. vacant land• Land rights vs. land use rights• Planning layout• Mortgage• Subdivision and consolidation• National spatial data infrastructure –standards, inter-operability, institutional

coordination, information flows & custodianship• Topographical mapping• GPS, theodelite, tape measure, plane table, satellite imagery, aerial photography -

different accuracies, different skills, different costs• Geodetic network• Value of land –cost of land record and choice of technology

Some cost factors (conventional)• Technological choice USD 1 vs. USD 80• Sporadic vs. systematic -10 times more• Adjudication costs –multiple claims, rights of women within families• Professional vs. technical vs. barefoot• Cost of professional education• Lack of human resources –professionals, local land administrators• Problems in training –maths, attachments, professional bodies to register• Cost recovery approach – private sector, government subsidy, public good vs.

business enterprises• Vested interests increase costs – banks & lawyers, politicians & elites, lack of

transparency on information & procedures, corruption, centralised functions.

A few of the challenges on land• 30% vs. 70% -giving some security of tenure asap. to all citizens –new forms of tenure.• ?3% ownership by women –how to increase.• Cheap land records which are useful to all citizens: How to modernise systems in a pro

poor way.• Extending land administration systems beyond individual titling & cadastre to include

informal settlements, pastoralists, over lapping claims & rights from post conflict situations.• Dealing with the affordability issue.• Increasing the no. of land staff in government, NGOs and on ground.• Defeating the vested interests.• Building the tenure types & systems to enable land reform, housing (land) for all.

GLTN vision and mission

The vision of GLTN:To provide appropriate land tools at global scale to implement pro-poor land policies.

The mission of GLTN:To work with GLTN partners to assist members states at global level in implementing

land policies that are pro-poor, gender sensitive and at scale.

GLTN objectives

The objectives of GLTN:a) To increase global knowledge, awareness and tools to support pro-poor and gender

sensitive land management;

b) To strengthen capacity in selected countries to apply pro-poor and gender sensitive tools to improve the security of tenure of the poor in line with the recommendations regarding UN Reform and the Paris Declaration on Aid Effectiveness.

The land diamond - how do YOU see land?

Land information

Land ownership

Land value

Land use

Land management

Land policies

Juridical

Allocation of land rights

Delimitation of the parcel

Land adjudication

Land registration

Regulatory Land use controls

Fiscal Land property assessment

Property taxation

Enforcement

Coastal zone management

Forced evictions

Informality Conventional approaches

Geographic Information System

Spatial Data Infrastructure

Estate management

Continuum of land rights

Compensation

Expropriation

Grassroots participation

Gendered land toolsIslamic land law Social Tenure Domain Model

Spatial units

GPS

Affordability

Scale

Climate change

Land information

Mobility management

Post conflict IDPsStreet addressing

Land governance

GLTN IS ABOUT:

NETWORKING

SETTING PRIORITIES

IMPLEMENTATIONAT SCALE

INNOVATION

GLTN is an attempt to create a comprehensive global focus to move the land agenda forward

The GLTN agenda:

• Develop pro poor gendered land tools• Unblock existing initiatives and to add value• Research, documentation and dissemination• Strengthen global comprehensiveness (Paris Declaration)• Improve security of tenure for the poor (Global Campaign on Secure

Tenure)• MDG goals: indicators/benchmarks

The Global Land Tool Network identifies five themes on land tool development:

1. Land rights, records and registration2. Land use planning3. Land Management, Administration and Information4. Land law and enforcement5. Land Value Capture

1. Land rights, records and registration1a. Enumerations for tenure security1b. Continuum of land rights 1c. Deeds or titles 1d. Socially appropriate adjudication1e. Statutory and customary1f. Co-management approaches 1g. Land record management for transactability1h. Family and group rights

2. Land use planning2a. Citywide slum upgrading2b. Citywide spatial planning 2c. Regional land use planning2d. Land readjustment (slum upgrading and/or

post crisis)

3. Land Management, Administration and Information

3a. Spatial units 3b. Modernising of land agencies budget

approach

4 Land law and enforcement 4a. Regulatory framework for private sector4b. Legal allocation of the assets of a deceased

person (Estates administration, HIV/AIDSareas)

4c. Expropriation, eviction and compensation

5. Land Value Capture5a. Land tax for financial and land management

18 GLTN land tools, 5 themes

The Global Land Tool Network identifies eight cross cutting issues on land tool development:

1. Land governance2. Tenure security indicators for the MDGs 3. Capacity building mechanism4. Islamic mechanism5. Post conflict/natural disaster 6. Environment mechanism7. Gender mechanism8. Grassroots mechanism

What is a Global Land Tool Network partner?

The Partners of the Global Land Tool Network accept and agree on:a) The values of the GLTN b) Land tool development at scale/ upscaleable c) To lend financial and/ or knowledge inputd) To represent regional/international institutions, organisations or networkse) Non commercial value

The Global Land Tool Network core values:Pro-poor, Governance, Equity, Subsidiarity, Affordability, Systematic large scale approach, Gender sensitiveness

Ongoing initiatives with GLTN key external partners1. CASLE Land registrars workshop, Africa 2. CLEP Working group 5, Geoff Payne; S.A. study on titling3. COHRE Grassroots mechanism, eviction guidelines, Global4. FAO Land governance, pro poor compensation & land acquisition -WB/FIG5. FIG STDM, Global, proceedings of E.Europe, statutory & customary6. Huairou Commission Gender mechanism, Global, gender workshop7. IHS Land administration training, Global8. IULVT Land Value Taxation, online training, Global9. ITC Transparency in land administration course, Africa10. Lincoln Institute Land law and policy training, Global11. MCC Indicators for land policy implementation, ?LAC, peer review12. Norway Funding, Publication13. SDI Enumerations, Global, ISK, Kisumu, Kenya14. Sida Funding15. UNECA Indicators for land policy implementation, Africa –WB/AU/AFD16. UEL Islamic land tools, Age related land tools, Global, EGM, training packages17. World Bank Uganda, Tanzania, Ethiopia, India –continuum of land rights, regulatory

frameworks, land governance workshop

GLTN SecretariatUN-HABITAT, P.O Box 30030, Nairobi 00100, Kenya

Telephone: +254 20 762 3116, Fax: +254 20 762 4256

E-mail: gltn@unhabitat.org

Thank you for your attention!