1. The Flexible Land Tenure System in relation to SDGs
Faculty of Natural Resources and Spatial Sciences (FNRSS)
The Flexible Land Tenure System in relation to SDGs
Åse Christensen
Department of Land and Property Sciences
15-17 August 2017
Partnership for Action Conference: Improving Land Governance and Management in Africa

2. Contents The global agenda Fit-For-Purpose Land Administration
Faculty of Natural Resources and Spatial Sciences (FNRSS)
Contents
The global agenda
Fit-For-Purpose Land Administration
Secure land tenure in Namibia
Flexible Land Tenure System
Conclusions 2

3. Department of Land and Property Sciences
The global agenda
Access to land constitutes foundation for development in all aspects
Some SDGs directly linked to land & tenure security
Goal 1, target 4: equal rights for men and women to access basic services, ownership & control over land & property
Goal 2, target 3: doubling of agricultural productivity by i.e. more equal access to land

4. Department of Land and Property Sciences
The global agenda
Goal 5, target 5: Reforms to provide equal rights to ownership & control over land and other forms of property, financial services & inheritance
Goal 11, target 1: Access to adequate, safe & affordable housing & basic services for all and upgrade slums
Target 11: Supporting links between urban, peri-urban and rural areas

5. Department of Land and Property Sciences
The global agenda
Tenure security, equal access to land & good governance in LA are prerequisites to reach SDGs
Capacity development, institutional development & development of human resources are essential
Provision of geographical information, secure tenure systems, LM systems, land valuation & development of land are key issues to reach SDGs

6. Fit-For-Purpose Land Administration
Department of Land and Property Sciences
Fit-For-Purpose Land Administration
Fit-For-Purpose Land Administration guiding principles developed 2015
By UN-Habitat, GLTN, Kadaster
A response to current global agenda
Practical implementation of SDGs at local level

7. Fit-For-Purpose Land Administration
Department of Land and Property Sciences
Fit-For-Purpose Land Administration
To build country-wide LAS
While providing tenure security for all
In a short time frame
At affordable cost

8. Fit-For-Purpose Land Administration
Department of Land and Property Sciences
Fit-For-Purpose Land Administration
Identifies 3 frame works
Legal
Spatial
Institutional
Characteristics
Purpose
Flexibility
Incremental improvement

9. Fit-For-Purpose Land Administration
Department of Land and Property Sciences
Fit-For-Purpose Land Administration
Purpose
Focus on the outcome of tenure security for all
How to best achieve it
Designed in best possible way
To fit the purpose so as to provide
“as little as possible – as much as necessary”

10. Fit-For-Purpose Land Administration
Department of Land and Property Sciences
Fit-For-Purpose Land Administration
Flexibility
Flexible enough to accommodate current societal needs
Which will change over time
Accuracy, legal & institutional frame works must be flexible to address various types of tenure security
Incl. social / customary tenure, private ownership & leasehold tenure

11. Fit-For-Purpose Land Administration
Department of Land and Property Sciences
Fit-For-Purpose Land Administration
Incremental improvement
Tenure systems be designed to provide initial security
Yet balancing cost, accuracy & time involved
Initial tenure security can be incrementally upgraded
When social & legal needs arise
And economic opportunities emerge
May call for reforms of frameworks

12. Fit-For-Purpose Land Administration
Department of Land and Property Sciences
Fit-For-Purpose Land Administration
Spatial framework
Use fast, affordable & participatory approach to accelerate registration of land rights
Large scale mapping is often appropriate
High value areas can apply conventional land surveying and registration
Suitable for basic LA functions
Service delivery, adm. of natural resources & land use, land taxation

13. Fit-For-Purpose Land Administration
Department of Land and Property Sciences
Fit-For-Purpose Land Administration
Legal framework
Accommodate all different tenure types
Flexible, simple, and suitable for local needs
All tenure systems be enshrined in legal & regulatory framework
Which must be appropriate for decentralised administration & registration
Pay special attention to gender equality despite local customs & tradition

14. Fit-For-Purpose Land Administration
Department of Land and Property Sciences
Fit-For-Purpose Land Administration
Institutional framework
Designed for administration of land rights
Comply with good governance principles
Incl. transparency, legitimacy, accountability, equitability, integrity
Calls for proper national land policies & conducive legal framework
Should support continuum of land rights

15. Secure land tenure in Namibia
Department of Land and Property Sciences
Secure land tenure in Namibia
Currently 4 different land tenure systems
Deeds Registration System
Rehoboth Deeds Registration System
Communal Land Registration System (CLRS)
Flexible Land Tenure System
Accommodates different needs and interests and is applied in different parts of the country

16. Secure land tenure in Namibia
Department of Land and Property Sciences
Secure land tenure in Namibia
Provides different levels of tenure security
Deeds registration: freehold system providing ownership rights
CLRS: right of use for specified period
FLTS: initial tenure security protecting people against eviction without compensation
Caters for low-income and informal settlers
Complements other tenure systems in achieving country-wide tenure security for all
However, different level of tenure security within continuum of land rights

17. Secure land tenure in Namibia
Department of Land and Property Sciences
Secure land tenure in Namibia
To achieve Harambee Prosperity Plan, Vision 2030, NDPs, MULSP, Mass Housing Project, SDGs
Upgrading of informal settlements is necessary
Considering expected population growth and urbanisation
FLTS may be a good alternative

18. Flexible Land Tenure System
Department of Land and Property Sciences
Flexible Land Tenure System
Caters for low-income and informal settlers
Who are excluded from freehold system
Which was “developed by and for the white privileged few in the “white” areas” (Christensen, Werner, & Højgaard, 1999)
FLTA passed in 2012
Regulations still pending
Pilot projects planned in 3 towns (Windhoek, Oshakati, Gobabis)

19. Flexible Land Tenure System
Department of Land and Property Sciences
Flexible Land Tenure System
Provides tenure security for urban residents
Creates alternative forms of tenure
Considered cheaper & simpler to administer
Economically empower people by means of the rights acquired

20. Flexible Land Tenure System
Department of Land and Property Sciences
Flexible Land Tenure System
Parallel interchangeable property recording system
3 different types of tenure security
Starter title
Land hold title
Freehold title

21. Flexible Land Tenure System
Department of Land and Property Sciences
Flexible Land Tenure System
(Christensen, Werner & Højgaard, 1999)

22. Flexible Land Tenure System
Department of Land and Property Sciences
Flexible Land Tenure System
(Ministry of Land Reform, 2016)

23. Flexible Land Tenure System
Department of Land and Property Sciences
Flexible Land Tenure System
Starter title provides initial tenure security
Land hold title provides higher level of tenure security
Incrementally upgrade
When need arises and affordability allows
Entails right to transfer rights
Land hold title allows creation of servitudes and mortgaging

24. Flexible Land Tenure System
The legal framework
Implementation postponed until completion of regulations
Provides continuum of tenure
Flexible recordation
Feasibility studies, Namibia Planning Advisory Board (NAMPAB), town planning & surveying of exterior boundaries delay process

25. Flexible Land Tenure System
The spatial framework
Different spatial requirements to starter & landhold title
Starter title: General boundaries approach
Access to undefined plot within blockerf
Communities agreed on interior boundaries and mediate on disputes
Landhold title: Para-prof. surveys interior boundaries
Access to defined plot within blockerf
Provides continuum of tenure
Flexible recordation

26. Flexible Land Tenure System
The institutional framework
New institutions to be established
Requires capacity development of human & technical resources
Capacity development within existing institutions (Deeds Office, LAs)

27. Department of Land and Property Sciences
Conclusions
Link created between global agenda as set in SDGs, FFP Land Administration approach & FLTS in Namibia
Indications that FLTS is in line with some parts of FFP approach
FLTS provides more holistic approach to land tenure security by complementing other tenure systems

28. Conclusions Preliminary study only provides indications
Department of Land and Property Sciences
Conclusions
Preliminary study only provides indications
Need for further in-depth research as to whether FLTS is indeed Fit-For- Purpose in all aspects to support SDGs
Investigate applicability of FLTS is other developing countries

29. Thank you for your attention!
Faculty of Natural Resources and Spatial Sciences (FNRSS)
Thank you for your attention!