Land and Poverty Conference 2016 Scaling up Responsible Land Governance March, 2016 | Washington, DC Urbanisation In Asia And The Pacific: Challenges For Responsible Land Administration And Land Management Assoc. Prof. David Mitchell, RMIT Donovan Storey, UN ESCAP Danilo Antonio, GLTN CheeHai Teo, ASEAN Federation of Land Surveying and Geomatics, Malaysia Lowie Rosales-Kawasaki, GLTN

OUTLINE Asia Pacific Urban Forum Urbanisation, climate change and land tenure. 4 Country case studies. Towards responsible land governance and land policies. Land use planning and land valuation. Effective land administration at scale. Land tools for improved land administration and management. 2

ASIA PACIFIC URBAN FORUM (APUF-6) CALL TO ACTION “A people-centred urban future is integral to the transformation of cities and human settlements in the Asian and Pacific region. This requires a radical shift in the way cities are conceived, planned and developed, with people, particularly women and youth, as well as older people, indigenous people and ethnic and other minorities seen as change agents rather than just beneficiaries” (ESCAP, 2015). …..And… “Government at all levels should implement fit-for-purpose programmes that improve land governance, including recording and recognizing people-to-land relationships in all its forms”. 3

METHODS Builds on a review of tenure security in Asia and the Pacific. Literature review, selected interviews, questionnaire responses, & peer review. Four case studies - Pakistan, Lao PDR, Timor- Leste, & P.N.G. Regional Multi-stakeholder consultation in Pattaya & FIG Congress Workshop in Kuala Lumpur in Many contributions including World Bank, FAO, ANGOC, ILC, Habitat for Humanity, Huairou Commission, UNEP, UN-GGIM-AP, International Union of Notaries. 4

ASIA AND PACIFIC REGION State of Asian and Pacific Cities 2015 Large and diverse region. Cities grew by 1billion between Economic successes lifted missions out of poverty. Between extreme poverty declined from 49% to 25% of population. Good progress against the MDGs slum target. 5

Percentage of Urban Population and Agglomerations by Size, 2025 World Urbanization Prospects, the 2011 Revision URBANISATION AND URBAN GROWTH IN ASIA AND THE PACIFIC Transforming urban economies Increasing level of urbanization – driver of economic growth 2011: 13 of world’s 23 megacities 2025: 7 of world’s 10 largest cities Yet, largest urban population & fastest growth in small-medium size towns & cities. 6

CLIMATE CHANGE & NATURAL DISASTERS Urbanisation results in greater concentration of people and assets exposed to impact of disasters. Coastal cities home to half the urban population. Informal development on hazard-prone land. Disaster risk should be part of all decisions on settlements. Strong links between vulnerability and insecurity of tenure. 7

URBAN GROWTH AND LAND TENURE CHALLENGES Economic success and reduced poverty, but:- Informal Land occupation and informal land markets. Constant threat of eviction, and land grabbing. Inability to control the location & spread of informal settlements (land use planning). 8 Settlement in areas of high hazard-risk. Western land use planning approaches ineffective. Local government struggles to provide basic infrastructure and services.

4 CASE STUDIES PakistanLao PDR Timor- Leste PNGAsia Urban population 2014 (1000s) 70,9122, ,064,211 Level of urbanisation % 32%13%48% Rate of change (%) %3.1%2.1%?1.5% Estimated urbanisation level %61%48%23%64% 9 Adapted from UN DESA 2014 and UN-Habitat and ESCAP 2015

COMMON LAND ADMINISTRATION AND MANAGEMENT CHALLENGES High levels of conflict over land. Policy and legal frameworks: Plural systems exist – state, Islamic, customary. Formal tenures only – only serves the elite. don’t adequately protect the tenure rights of the vulnerable. limited recognition of cultural and religious norms and principles Land administration: Quality of land records – many paper-based and out of date. Limited coverage – Average 70% without formal recognition of tenure. How do we bring them into the formal land administration system? Inadequate conflict resolution mechanisms. Capacity limitations. 10

COMMON LAND ADMINISTRATION AND MANAGEMENT CHALLENGES Land Use Planning: Capacity limitations. Unable to control and manage urban growth. Expansion onto unsafe or hazard-prone land. Lack of implementation and enforcement. Land valuation records very limited. Valuation records inaccurate or non-existent. Inefficient land market and loss of revenue from taxation. inequitable compensation for land acquisition and resettlement. limited guidelines for valuation of non-formal tenures. 11

TOWARDS RESPONSIBLE LAND GOVERNANCE IN URBANISING AREAS Implementing principles of VGGTs means: Recognizing the human rights of informal settlements residents, urban and peri-urban population. Ensuring the equal right of women and men. Ensuring active, free, effective, meaningful and informed participation of all those that may be affected by investments in the food supply chain affecting access to land. Adopting a rules-based approach ensuring the recognition and respect of the continuum of land rights in urban and peri- urban areas and their equal enforcement and adjudication; Clearly defining and publicizing relevant policies & laws about land management and administration; Holding all actors responsible for their actions and decisions according to the principle of the rule of law; Monitor urban tenure governance.(Wehrmann and Antonio, 2015). 12

LAND POLICIES Improving land administration and management is the responsibility of many stakeholders. Implementation of international agreements (e.g. VGGTs, UNDRIP, CEDAW). Rethinking urban planning for rapid urbanisation. Affordable housing in safe locations. Recognition of the continuum of land rights. Pro-poor and gender-responsive land administration. Recognition of disaster risk. 13

LAND USE PLANNING Effective land use planning and control is necessary to respond to urbanisation challenges Must also include the recognition of legitimate land rights (e.g. tenure responsive LUP). Linking urban and territorial planning across scales. Informed by the “International Guidelines on Urban and Territorial Planning”. APUF-6 Call for Action – “Urban and territorial planning, based on universal principles, led by sub-national government visions and needs, enshrined in national urban policy and financing frameworks, working towards locally-adapted solutions and implemented through genuine collaboration, can be an effective instrument in the implementation of the 2030 Agenda for Sustainable Development and the New Urban Agenda. 14

EFFECTIVE LAND ADMINISTRATION AND MANAGEMENT AT SCALE Informed by the continuum of land rights. Adopting responsible land governance. Adopting FFP land policies and legal framework. Gender responsive. Adopting principles of pro-poor land recordation. Innovative and affordable Land Administration Systems. Based on a Fit-For-Purpose approach. APUF-6 Call to Action – “Government at all levels should implement fit-for-purpose programmes that improve land governance, including recording and recognizing people-to-land relationships in all its forms”. 15

LAND VALUATION Local government declining budgetary support. Poor land valuation means land tax (real property tax) revenue is less than it can be. Informal land markets. Appropriate land valuation standards needed. Sustainability of land sector services (CoFLAS). APUF-6 Call to Action – “Financing is a universal issue across the Asian and Pacific region. In considering urban finance needs, a broad agenda…is necessary. Financing options for cities require a coherent intergovernmental financing base and must provide for a range of mechanisms such as land-based financing…”. 16

LAND TOOLS Social Tenure Domain Model (STDM). Participatory enumeration. Participatory and Inclusive Land Readjustment (PILaR). 17

THANKYOU The New Urban Agenda can be strengthened through a more comprehensive and responsive ‘people-to-place’ agenda for all, incorporating responsible land governance and fit-for-purpose land administration 18