4. What you already know about land and gender
+
This presentation on conventional land administration approaches
=
New knowledge, new questions, new problems, ?new solutions
& some common ground for us to work together over the next 2 days
Expectations
5. Historical development of the global land agenda
1. During the last 15 years stakeholders have identified that there are a lack of pro poor
approaches to land.
2. Civil society has been lobbying governments to deal with rural and urban poor land issues.
3. Experts, prominent land lawyers and planners promoting the land tool agenda. FIG identified
that technical tools needed for pro poor land administration approaches & working group
established.
4. Approximately 15 countries in Africa developed pro poor policies and tenure types. Now in
search of pro poor instruments and methods for implementation.
5. The World Bank carried out regional workshops, released report on Land Policies for Growth
and Poverty Reduction. The bank is now undertaking research on pro poor implementation.
6. The UN General Assembly Resolution 59/239 encouraging countries to promote the
administration of land and property rights.
7. Numerous international conventions around housing rights.
6. Bias
• Quick and dirty
• Building knowledge to engage further –to build lobbying capacity
• Conventional land administration –law, planning, surveying
• Examples demonstrate variables, each country same variables but in different
shape and different linkages
• Think about your system in terms of variables and identify processes, not in terms
of the fact that facts in your country are different
• Little known on gender and land administration, no overview
• About facts and about strategic choices
• Glossary of terms –hard copy
7. Policy, law, tenure, systems
Land policy
(e.g. gender)
Land management
Land administration
(register/ cadastre/
land records/information) (Gender?)
Land
law/regulatory
framework
Tenure/Land rights
(content of the rights)
Systems to
implement land rights
8. Definitions
• Definition of Land tenure
– It is about the man- man- land relationship (Bohannen)
– It is concerned with individual, collective and societal interest in land
and its resources
– It is about the relationship among individuals and their relationships
between them
• Definition of Land Administration
– Commonly “the process of determining, recoding and disseminating
information about ownership, value and use of land when implementing
land management polices (UNECE 1996)
• What are the implication of this in terms of gender?
9. Land administration functions including non conventional
• Juridical (including the informal forms)- the allocation of rights to land, the
delimitation of the parcel, adjudication and registration (the process of making and
keeping records of property rights)
• Regulatory (including informal forms) –land use controls
• Fiscal (including informal forms) –property assessment (valuation) and property
taxation
• Information management (including informal forms)
• Enforcement (what makes a land right valuable is that the claim can be enforced
through either a formal system (e.g., courts) or an informal system (e.g., through
community pressure)
10. Definition of land management
Land management- "is the art or science of making informed decisions about the
allocation, use and development of the earth's natural and built resources. Land
management includes resource management, land administration arrangements,
land policy and land information management." (Jeyanandan, Williamson and
Hunter:1990). "It extends from the making of fundamental policy decisions by
politicians and governments to routine operational decisions made each day by land
administrators such as land surveyors, valuers and land registrars." Land
management "..is both the science and art that is concerned with technology, the
people who use it, and the organizational and administrative structures that support
them." (Dale and McLaughlin:1988).
HOW DO WE MAKE LAND MANAGEMENT GENDER SENSITIVE?
11. Bundle of rights/claims
Land is not a single entity owned by only one person at a time. Rather, land rights in a
parcel (piece) of land can be equated to a bundle of sticks, where each stick
represents a different thing that can be done with the land. Each individual stick
defines a way in which the land may be used, the profit that may be derived from it,
or the manner in which some or all of the rights may be disposed of, to other
people, or to organisations. For each right in the parcel there will be an ‘owner’
(UNCHS:1990:4). Thus one owner may hold the overall registered rights to the land
through a title deed. One part of this land may also be a servitude (easement) for
underground cabling for the local authority, also documented and registered. An
informal settlement may cover the entire property and these residents may have
rights under an anti-eviction law. The leaders of this settlement may keep a
community register showing who is resident in the settlement. Intra-household
relations issues.
12. Same piece of land
Owner of land
Servitude for under-ground cabling
Slum dwellers who ‘own’ the land
Tenants of slum dweller ‘owners’ and
intra-household relations
Bundle of rights/claims
13. Some terms on land administration (1)
• Land registration/land record
• State or public land (national and local government), private land –register/record
• Cadastre/cadastral surveying –legal boundary –for the purpose of wider society
replacing the boundary in the same place
• Cadastre –legal, fiscal, physical (marks/pegs), planning
• Title deed search to the root title
• Unique identifying numbers/PID
• Adverse possession
• Land information system/geographic information system
• Land information management system and information flows
14. Adjudication
• ‘Who’ holds ‘what rights’ ‘where’
• Definition -"is the process whereby existing rights in a particular parcel of land are
finally and authoritatively ascertained. It is a prerequisite to registration of title and
to land consolidation and redistribution. ...the process does not alter existing rights
or create new ones." (Dale and McLaughlin: 1988)
• (1) adjudication (finding who owns what); (2) demarcation (putting in corner
beacons); (3) survey (of the boundary beacons); and (4) documentation (recording
the results) (UNCHS, 1990).
• Rights of women within families
• Multiple rights/claims in the bundle of rights
• Upgrading
• Enumeration
15. Some terms on land administration (2)
• Upgrading vs. vacant land
• Land rights vs. land use rights
• Planning layout
• Mortgage
• Subdivision and consolidation
• National spatial data infrastructure –standards, inter-operability, institutional
coordination, information flows & custodianship
• Topographical mapping
• GPS, theodelite, tape measure, plane table, satellite imagery, aerial photography
-different accuracies, different skills, different costs
• Geodetic network
• Value of land –cost of land record and choice of technology
16. Some cost factors (conventional)
• Technological choice USD 1 vs. USD 80
• Sporadic vs. systematic -10 times more
• Adjudication costs –multiple claims, rights of women within families
• Professional vs. technical vs. barefoot
• Cost of professional education
• Lack of human resources –professionals, local land administrators
• Problems in training –maths, attachments, professional bodies to register
• Cost recovery approach – private sector, government subsidy, public good vs.
business enterprises
• Vested interests increase costs – banks & lawyers, politicians & elites, lack of
transparency on information & procedures, corruption, centralised functions.
17. A few of the challenges on land
• 30% vs. 70% -giving some security of tenure asap. to all citizens –new forms of tenure.
• ?3% ownership by women –how to increase.
• Cheap land records which are useful to all citizens: How to modernise systems in a pro
poor way.
• Extending land administration systems beyond individual titling & cadastre to include
informal settlements, pastoralists, over lapping claims & rights from post conflict situations.
• Dealing with the affordability issue.
• Increasing the no. of land staff in government, NGOs and on ground.
• Defeating the vested interests.
• Building the tenure types & systems to enable land reform, housing (land) for all.
18.
19. GLTN vision and mission
The vision of GLTN:
To provide appropriate land tools at global scale to implement pro-poor land policies.
The mission of GLTN:
To work with GLTN partners to assist members states at global level in implementing
land policies that are pro-poor, gender sensitive and at scale.
20. GLTN objectives
The objectives of GLTN:
a) To increase global knowledge, awareness and tools to support pro-poor and gender
sensitive land management;
b) To strengthen capacity in selected countries to apply pro-poor and gender sensitive
tools to improve the security of tenure of the poor in line with the recommendations
regarding UN Reform and the Paris Declaration on Aid Effectiveness.
21. The land diamond - how do YOU see land?
Land information
Land ownership
Land value
Land use
Land management
Land policies
Juridical
Allocation of land rights
Delimitation of the parcel
Land adjudication
Land registration
Regulatory
Land use controls
Fiscal
Land property assessment
Property taxation
Enforcement
Coastal zone management
Forced evictions
Informality
Conventional approaches
Geographic Information System
Spatial Data Infrastructure
Estate management
Continuum of land rights
Compensation
Expropriation
Grassroots participation
Gendered land tools
Islamic land law Social Tenure Domain Model
Spatial units
GPS
Affordability
Scale
Climate change
Land information
Mobility management
Post conflict IDPs
Street addressing
Land governance
23. GLTN is an attempt to create a comprehensive
global focus to move the land agenda forward
The GLTN agenda:
• Develop pro poor gendered land tools
• Unblock existing initiatives and to add value
• Research, documentation and dissemination
• Strengthen global comprehensiveness (Paris Declaration)
• Improve security of tenure for the poor (Global Campaign on Secure
Tenure)
• MDG goals: indicators/benchmarks
24. The Global Land Tool Network identifies
five themes on land tool development:
1. Land rights, records and registration
2. Land use planning
3. Land Management, Administration and Information
4. Land law and enforcement
5. Land Value Capture
25. 1. Land rights, records and registration
1a. Enumerations for tenure security
1b. Continuum of land rights
1c. Deeds or titles
1d. Socially appropriate adjudication
1e. Statutory and customary
1f. Co-management approaches
1g. Land record management for transactability
1h. Family and group rights
2. Land use planning
2a. Citywide slum upgrading
2b. Citywide spatial planning
2c. Regional land use planning
2d. Land readjustment (slum upgrading and/or
post crisis)
3. Land Management, Administration and
Information
3a. Spatial units
3b. Modernising of land agencies budget
approach
4 Land law and enforcement
4a. Regulatory framework for private sector
4b. Legal allocation of the assets of a deceased
person (Estates administration, HIV/AIDS
areas)
4c. Expropriation, eviction and compensation
5. Land Value Capture
5a. Land tax for financial and land management
18 GLTN land tools, 5 themes
26. The Global Land Tool Network identifies
eight cross cutting issues on land tool development:
1. Land governance
2. Tenure security indicators for the MDGs
3. Capacity building mechanism
4. Islamic mechanism
5. Post conflict/natural disaster
6. Environment mechanism
7. Gender mechanism
8. Grassroots mechanism
27.
28. What is a Global Land Tool Network partner?
The Partners of the Global Land Tool Network accept and agree on:
a) The values of the GLTN
b) Land tool development at scale/ upscaleable
c) To lend financial and/ or knowledge input
d) To represent regional/international institutions, organisations or networks
e) Non commercial value
The Global Land Tool Network core values:
Pro-poor, Governance, Equity, Subsidiarity, Affordability,
Systematic large scale approach, Gender sensitiveness
29. Ongoing initiatives with GLTN key external partners
1. CASLE Land registrars workshop, Africa
2. CLEP Working group 5, Geoff Payne; S.A. study on titling
3. COHRE Grassroots mechanism, eviction guidelines, Global
4. FAO Land governance, pro poor compensation & land acquisition -WB/FIG
5. FIG STDM, Global, proceedings of E.Europe, statutory & customary
6. Huairou Commission Gender mechanism, Global, gender workshop
7. IHS Land administration training, Global
8. IULVT Land Value Taxation, online training, Global
9. ITC Transparency in land administration course, Africa
10. Lincoln Institute Land law and policy training, Global
11. MCCIndicators for land policy implementation, ?LAC, peer review
12. Norway Funding, Publication
13. SDI Enumerations, Global, ISK, Kisumu, Kenya
14. Sida Funding
15. UNECA Indicators for land policy implementation, Africa –WB/AU/AFD
16. UEL Islamic land tools, Age related land tools, Global, EGM, training packages
17. World Bank Uganda, Tanzania, Ethiopia, India –continuum of land rights, regulatory frameworks, land
governance workshop
30. GLTN Secretariat
UN-HABITAT, P.O Box 30030, Nairobi 00100, Kenya
Telephone: +254 20 762 3116, Fax: +254 20 762 4256
E-mail: gltn@unhabitat.org
Thank you for your attention!
