1. Applying the LGAF to Peru: insights and follow up Victor Endo Administracion del Territorio Consultores Member of the Advisory Committee of the Project for the Consolidation of the Immovable Property Rights in Peru

2. Outline 1.The tool and its metrics 2.Why is LGAF relevant in a country like Peru? 3.Example of relevant results in Peru: a)recognition vs enforcement of rights b)efficiency of services, reliability and sustainability 4.Conclusions and recommendations 5.How following up?

3. Land Governanced Assessment Framework – LGAF: the tool and its metrics 1) Legal and institutional Framework 2) Land use planning and taxation 3) Public land management 4) Public provision of land information 5) Dispute resolution and conflict management 21 land governance indicators organized in 5 groups Each indicator unfolds in “dimensions”. LGAF contains 72 dimensions to capture governance processes

4. Methodology Expert panels In - depth interviews Statistics and secondary sources Field surveys Preparation (data gathering and coordination) is critical

5. Rapid and robust economic growth (9.8% in 2008) Strong Private investment Macro economic stability Land rights formalizatio n Rapid urbanization Housing Programs Informal development Increased demand for land Mining industry Oil and gas Timber Pressure over land and natural resources Confict among competing interests Issues of sustain ability Why LGAF is relevant in a country like Peru?

6. Conflict Issues of Sustainability Rule of law Laws Organizations Implementation In a context of conflict and polarized ideologies we need to agree on facts

7. Why LGAF is relevant in a country like Peru? Conflict Objective measure of institutions’ actual functioning Traceable over time Instrument to identify need for policy intervention Useful for different actors: government, multilaterals, private sector organizations, civil society organizations Issues of Sustainability Rule of law Laws Organizations Implementation In a context of context of conflict and polarized ideologies we need to agree on facts. LGAF contributes to:

8. Relevant results in Peru: recognition vs enforcement Most of land tenure categories (urban and rural) are recognized in the text of the laws Notable progress in practical implementation due to mass scale formalization programs LGI 1 Legal and institutional framework Recognition and enforcement of rights (based on LGI - 1, LGI-2 and LGI-3) Formalization mechanisms need to be adapted to pending urban typologies Titling of peasant Andean communities and Amazonian native communities is held back: Boundary delimitation issues Rules for defining community representatives

9. ¿? Recognition of rights vs enforcement : Andean peasant and Amazonian native communities LGI–1 (iii) Rural group rights recognition: A The tenure of most groups in rural areas is formally recognized and clear regulations exist regarding groups’ internal organization and legal representation. LGI–1 (i) Land tenure rights recognition (rural) A Existing legal framework recognizes rights held by more than 90% of the rural population, either through customary or statutory tenure regimes. Panel members could not assign a dimension: LGI–2 (i) Surveying/mapping and registration of rights to communal land B. 40-70% of the area of communal lands has boundaries demarcated and surveyed/mapped and communal rights registered. C. 10-40% of the area of communal lands has boundaries demarcated and surveyed/mapped and communal rights registered. LGI 1 Rural rights recognition LGI 2 Enforcement of rights

10. Recognition vs enforcement: obstacles faced by Andean and Amazonian comunities’ rights -Mapping processes are complex in jungle areas - Communities cannot comply with legal representation requirements -Communities’ territories are hardly identifiable using traditional concepts for land use -What to do with new communities?: fragmentation of existing communities, creation of new ones as a strategy to acquire lands - Boundary conflicts with neighbor communities Result: -Vulnerability -Lost opportunities -Conflict

11. Relevant results in Peru: efficiency of services, reliability and sustainability of registries The Superintendency of Registries - SUNARP is a modern, financially self-sustainable, intensive in the use of technology, with transparent rules for operation. However: Poor definition of boundaries creates acute problems. Processes for cadastre – registry integration is a work in progress Sustainability of successful national formalization program is put into question: too high transaction costs and lack of “registration culture”. Public provision of land information Reliability of land registries (based on LGI - 16 y LGI - 17)

12. Sustainability of formalization efforts and registries’ efficiency: field surveys results OWNERS ON THE FIELD MATCH WITH PROPERTY RECORDS? SOCIO ECONOMIC PROFILE Match No match Undetermined

13. Registration system: land records reflect reality? A system cost-effective, accessible and reliable (for all citizens)? Limited incentives to register subsequent transfers Weaknesses in parcel definition in the traditional registry Registrars have limited incentives for efficiency Lack of standards for processing applications What information is valid?: only specialized lawyers can tell Overlapping rights Complex and cumbersome registration processes (especially for the poor) Efficiency of registry services and sustainability of formalization High transaction costs: registry as a tax gatekeeper, the notary public

14. General conclusions The land administration system works well for some but not for all. Limited institutional capacity is associated to lack of resources (financial and technical) Need to develop strategies for inclusion A key element is a integrated vision of the property system that contributes to coordinating efforts among different sectors and levels of government

15. Specific recommendations Prioritize recognition of land tenure rights to prevent the pervasive effects of an open-ended formalization process. COFOPRI (the titling agency): to produce and monitor specific indicators -by typology- of the remnant demand for formalization Promote housing alternatives for the poor Promote development of land use planning instruments through specific incentives to local and regional governments Design strategies for municipalities to develop land tax collection capacities Incentives to regional governments who contribute to the inventory of public lands Re-launch the implementation of the National Cadastre System linked to the registries.

16. How following up the LGAF in Peru? There exist a diverse community of actors that share an interest to contribute to a better land administration. How making this effort sustainable? Feedback Dissemination and public discussion Collaboration through partnerships – To provide the indicators with hard evidence – To deepen the analysis – To produce new versions of the LGAF and monitor progreess Actors can disagree on the interpretation of what the correct path is, but agreeing on the facts about where we are now serves all and contributes creating citizenship

17. Applying the LGAF to Peru: insights and follow up Victor Endo Administracion del Territorio Consultores Member of the Advisory Committee of the Project for the Consolidation of the Immovable Property Rights in Peru