Land Administration Åse Christensen Namibia University of Science and Technology Bachelor of Land Administration Bachelor of Property Studies Honours Semester 5 / 7, April 2016 Lection

Agenda Good governance and LA Definitions of good governance Improving public sector performance Transparency Accountability Decentralisation International initiatives Diversity of needs The need of re-engineering systems The Bathurst Declaration on LA for sustainable development 2

Definitions of good governance “the process of decision-making and the process by which decisions are implemented” (According to the UN) “good management of government mechanisms in administering social and economic resources for development” (World Bank, 1989) 3

Good governance means Decision makers are held accountable through voice of stakeholders Policy making and implementation processes are transparent and efficient Decisions are contestable Rules and regulations are predictable 4

Components of good governance 5 Source: Adopted from UNESCAP, 1999

Accountable Decision-makers in government, private sector and civil society are accountable to the public and institutional stakeholders To internal and/ or external to the organisation/ institution To those who will be effected by decisions or actions Closely linked to transparency and the rule of law Accountability in LA can be improved via: – Implementation of uniform service standards (to be monitored) – Codes of conduct for staff – Incentives (awarding outstanding employees) 6

Transparent Decisions taken and their enforcement are done in line with rules and regulations Information is freely available and directly accessible for persons affected by decisions Enough information is provided in an easily understandable form and media Transparent recruitment of staff, service standards, costs 7

Responsive Institutions and processes try to serve all stakeholders 8

Equitable and inclusive All people have opportunities to improve or maintain their well-being All people should have the same access to services Receive same service standards independent of political or economic status Introduction of counter offices / numbering system for customers’ arrival (“first come first served”) 9

Effective and efficient Processes and procedures produce results that meet needs While making the best use of the resources available Property registration procedures should be short and simple The fewer steps - the les opportunity for informal payments 10

Follows rule of law Legal framework should be fair and enforced impartially Consistent and coherent legal framework Fair and transparent judiciary General prevalence of the rule of law to protect property rights 11

Participatory All citizens should have a voice in decision- making (directly or through legitimate institutions representing their interest) Broad participation is based on freedom of association and speech Client orientation and responsiveness can be achieved via improved access to info, customer surveys, hotlines to enable reporting corruption and misconduct 12

Consensus oriented Mediates differing interests to reach broad consensus on what is in the best interest of the group When possible on policies and procedures 13

Good governance and LA Adopting favourable policies Providing regulations Monitoring progress on land 14

Good governance and LA Adopting favourable policies – Achieved through adoption of international policies (i.e Agenda 21 and Habitat Global Plan of Action) – Outline how sustainable development be achieved through: Better access and distribution of land Security of tenure Favourable land use patterns Mechanisms for land delivery and transfer Transparent procedures for land registry and cadastre 15

Good governance and LA Transparent regulations – Supported by effective and efficient institutions are necessary – Give detailed explanation to various LA issues Limit rights of private individuals and users of land By requiring permits or licenses for certain activities such as: land use planning and development, building permits, expropriation, sub-division, etc. that impact on individuals’ land ownership and use rights 16

Good governance and LA Monitoring development on land – Important in order to assess progress How many properties are added to the registers/ subdivided/ merged each year? What is the trend or land values within a given local area? How much land has been transferred to disadvantaged groups in the last year? Assess progress at both local / regional / national levels GIS / LIS can be a useful tool (provides administrative and geospatial data) 17

Improving public sector performance Social development success depends on a competent and well-functioning government and public sector Worldwide governments are under pressure to reduce the size of public sector/ budgets/ expenditure while still improving the overall performance Citizens often requires “better government” 18

Improving public sector performance Drivers of public sector reform – Need to control government expenditure – Need to improve the quality of life – Pressure to become more competitive – Developments in ICT – Changes in the global economic and political agenda – Calls for new forms of governance 19

Improving public sector performance Within the context of often-changing political, social and economical environment the reform of public sector needs to: – Find best way to integrate new incentives to improve performance of institutions – Guarantee widespread public access – Ensure minimum standards for services 20

Improving public sector performance Public service reforms include – Rationalisation and restructuring to ensure a unified, integrated and leaner public service – Institution building and management reforms to promote greater accountability and organisational and managerial effectiveness – Increasing representativeness (gender, race) in public sector through affirmative action 21

Improving public sector performance Improved service delivery to meet basic needs and redress past imbalances Promotion of internal democracy and external accountability Human resource development and capacity building Improved employment conditions and labour relations Promotion of a professional service ethos 22

Improving public sector performance Transparency – Decisions taken and their enforcement are done in line with rules and regulations – Information is freely available and directly accessible for persons affected by decisions – Enough information is provided in an easily understandable form and media 23

Improving public sector performance Accountability – Governmental organisations/ private sector/ civil society organisations are accountable to the public and stakeholders – To internal and/ or external to the organisation/ institution – To those who will be effected by decisions or actions – Closely linked to transparency and the rule of law 24

Decentralisation Delegation or redistribution of power to various lower level autonomous and formal structures – Decision making – Administrative – Budget 25

Decentralisation LA operations can be centralised/ decentralised depending on i.e. – The size and political geography of the country – The nature of transportation and communication 26

Centralisation Centralisation can lead to economies through: – Use of common administrative procedures – Standardisation of documentation – Easier exchange of information between users – Large and powerful systems can be used with mass production techniques 27

Decentralisation Decentralisation of routine operations can lead to: – Routine operations can offer important advantages (i.e. large distances/ travelling is inconvenient) – Political appeal – More answerable to local community – Often provides more reliable and up-to-date data records – Requires strong central control and good communication between local offices and headquarter 28

Diversity of needs Different countries have different needs for a cadastre at different stages of development Basic justification for cadastre: – Economic development – Environmental management – Social stability Countries will place greater importance on different areas at different periods 29

Diversity of needs Developed countries: – Have relatively complete cadastral systems – More concerned with increased efficiency and micro-economic reform Countries moving from command to market economy: – Rapid creation of new system to support economic development and efficient land markets 30

Diversity of needs Developing countries: – Concerned with economic growth – Protection of land rights – Reduction of land and boundary disputes All countries: Concerned with social justice – Different capacities at different stages of development (human, technological, financial) – Simple low cost manual cadastre suitable for one country. – While sophisticated cadastre may be suitable for another country 31

The need of re-engineering systems Success of cadastre depends on whether it protects land rights adequately and permits rights to be traded efficiently, simply, quickly, securely, at affordable cost Calls for focus on land owner and needs of government 32

The need of re-engineering systems Efficiency on key cadastral processes: land adjudication, land transfer, mutation (sub- division and consolidation) Identify bottlenecks, inefficiencies, duplication Requires: – Change of legislation – Modified institutional and adm. arrangements – Use of different technologies 33

Best practices 34 Source:

International initiatives Agenda 21; UN global plan of action for sustainable development, 1992 UN-FIG: Bogor Declaration on cadastral reform, 1996 UN-FIG: Bathurst Declaration on LA for sustainable development, 1999 FAO: Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries ad Forests in the Context of National Food Security,

Agenda 21 Combating poverty Demographics Dynamics and Sustainability Promoting Sustainable Human Settlement Development Integrated Approach to the Planning and Management of Land Resources Promoting Sustainable Agriculture and Rural Development Strengthening the role of Farmers 36

Bogor Declaration Cadastral Vision: – … develop modern cadastral infrastructures that facilitate efficient land and property markets (if appropriate, protect the land rights of all, and support long term sustainable development and land management … 37

Bogor Declaration Simple and effective cadastral structures Adapts to rates and patterns of population change Adapts to differences in humankind to land relationships Provides access to land, security of tenure and permits land rights to be traded efficiently, effectively, and at affordable cost 38

Bogor Declaration Permits a vast array of options Includes all state, public, and private rights, incl. common and indigenous rights Part of spatial data infrastructure 39

Bogor Declaration Need for re-engineering of systems – In order to improve a cadastral system it is necessary to focus on cadastral processes to identify bottlenecks, inefficiencies, and duplication – Once the processes are documented and understood they can be re-engineered – Re-engineering often requires changes to legislation, institutions and administration, and the use of ICT 40

Bathurst Declaration Considered: Future humankind/ land relationships The role of land in sustainable development Land tenure and land administration systems Re-engineering land administration systems And the relationship between: Land, Water, and Food Land tenure, Markets, Planning, and Valuation 41

Bathurst Declaration Concluded: – “… most land administration systems today are not adequate to cope with the increasingly complex range of rights, restrictions, and responsibilities in relation to land, …” 42

Bathurst Declaration Calls for: – Recognition that without effective access to property, economies are unable to progress and the goal of sustainable development cannot be realised – Investing in LA infrastructure – Dissemination of land information – Cooperation between land administration professionals – Participation by local communities 43

Bathurst Declaration Calls for: – Improved access to land and to LAS – Development of user-driven systems for sustainable development – Efficient operation of land markets – Flow of information between government agencies and the public – Coordinated education and research in LA – Country profile analyses of LAS – Development of performance indicators 44

Conclusion Sustainable development is just rhetoric without appropriate land administration and spatial data infrastructures 45