1. 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 26-27 1

2. 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

3. 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

4. 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

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

6. 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

7. 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

8. Responsive Institutions and processes try to serve all stakeholders 8

9. 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

10. 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

11. 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

12. 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

13. 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

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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

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

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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

34. Best practices 34 Source: http://www.transparency.org/cpi2013/results/#CountryResults

35. 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, 2012 MDG (expired by end 2015): Focal point for governments to reduce poverty and improve the lives of poor people. No specific mentioning of land SDG (2016-2030): 17 goals and 169 targets to frame agendas and policies. Goals are action oriented, global in nature & universally applicable 35

36. 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

37. 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

38. 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

39. 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

40. 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

41. 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

42. 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

43. 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

44. 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

45. MDGs Adopted in 2000 Ended by end of 2015 Overarching global agenda Governments to reduce poverty and improve the lives of poor people Progress monitored and published yearly as global incentive 2014: Extreme poverty rate had been halved and Goal 1 met at global scale However, with huge regional differences – Sub-Saharan Africa lagged far behind 45

46. SDGs Universal set of 17 Goals and 169 Targets Committed to by UN member states Targets are defined as aspirational global targets – each government to set its own national targets Targets to be guided by the global level of ambition – but considering national circumstances Goals & targets integrate economic, social & environmental aspects 46

47. SDGs 6 goals with significant land component: Goal 1: No poverty Goal 2: Zero hunger Goal 5: Gender equality Goal 11: Sustainable cities and communities Goal 15: Life on land Goal 16: Peace, justice and strong institutions 47

48. SDGs Goals and targets not likely to be achieved without good land governance and well- functioning country-wide LAS Need for reliable and robust data for creating appropriate policies and interventions 48

49. Voluntary guidelines on responsible gov. of tenure Voluntary guidelines on responsible governance of tenure of land, fisheries & forests in the context of national food security Guidelines represent global consensus on internationally accepted principles and standards for responsible practices Safeguards in place to protect local people from risks possibly arising from large scale land acquisitions (land grabbing), protect human rights, livelihoods, food security & the environment 49

50. Voluntary guidelines on responsible gov. of tenure Promote secure tenure rights and equitable access to land as a means of eradicating hunger and poverty Supporting sustainable development Place tenure security in human rights context – such as the right to adequate food and housing 50

51. Good land governance Essential for meeting challenges of climate change & rapid urbanisation Climate change mitigation refers to efforts and means for reducing anthropogenic (man-made) drivers such as greenhouse emissions Adaptation to climate change can be achieved by building sustainable and spatially enabled LAS Include perspective of possible future climate change and consequent natural disasters Systems to identify all areas prone to sea-level rise, drought, flooding, fires, etc. And measures and regulations to prevent impact of predicted climate change 51

52. Good land governance Rapid urbanisation – Inevitable and generally desirable – Needs balancing with environmental safeguarding via sustainable dev. policies and land policies to manage and connect megacities – 70% of growth takes place outside formal planning processes – 30% of urban populations in developing countries are living in slums / informal settlements 52

53. Good land governance People-to-land relationships are crucial for the global agenda 75% of world’s population have not access to formal systems to register land rights 40 countries worldwide have well-functioning LAS Which calls for urgent need to build simple and basic systems using flexible / low cost approach to land identification / registration 53

54. Good land governance Based on resources & capacity required for building such systems Western concepts should be considered as the end point and not point of entry Calls for Fit-For-Purpose (FFP) LA to establish link between people & land – thus enable mngt. and monitoring of progress 54

55. Fit-For-Purpose LA Process of building LA systems shall start by analysing and defining purpose of system Then deciding on adequate approach for meeting purpose Systems must be designed to meet purpose rather than following rigid regulations and demands for accuracy serving only the elite 55

56. Fit-For-Purpose LA Purpose of systems: Security of tenure, access to credit and investments, valuation and taxation, planning and control of land use / natural resources, facilitating land development Therefore we need a spatial framework which identifies individual parcels / plots / spatial units May require better accuracy in urban areas (higher population density & high value) than rural areas 56

57. Fit-For-Purpose LA FFP approach: 3 fundamental characteristics; focus on purpose, flexibility, incremental improvement Focus on purpose: main focus on provision of tenure security. – Design to be most “fit” for purpose rather than being guided by rigid accuracy standards and top- end technology 57

58. Fit-For-Purpose LA Flexibility: on demands for accuracy, legal and institutional frameworks to serve societal needs – Flexibility on the range of tenure types; social / customary tenure / formal tenure / leasehold Incremental improvement: Designed to meet basic needs of todays society – Balancing of costs, accuracy & time involved – Minimum Viable Product (MVP) – Allow for incremental upgrading & improvement over time to emerging needs and opportunities 58

59. Fit-For-Purpose Concept 59 `Source: Enemark, 2016, p. 7

60. Fit-For-Purpose key principles KEY PRINCIPLES Spatial framework Legal framework Institutional Framework Visible (physical) boundaries rather than fixed boundaries Aerial / satellite imagery rather than field surveys Accuracy relates to the purpose rather than technical standards Demands for updating and opportunities for upgrading and ongoing improvement A flexible framework designed along administrative rather than judicial lines A continuum of tenure rather than just individual ownership Flexible recordation rather than only one register Ensuring gender equity for land and property rights Good land governance rather than bureaucratic barriers Holistic institutional framework rather than sectorial siloes Flexible IT approach rather than high-end technology solutions Transparent land information with easy and affordable access for all 60 Source: Enemark, 2016, p. 8

61. Conclusion Sustainable development is just rhetoric without appropriate land administration and spatial data infrastructures 61