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FACILITATED BY:
Perception of Tenure Security:
Continuum of Land Rights Perspective
John Gitau
19 June 2017
GLTN BRIEFING AND PROGRAMME
FACILITATED BY:
WHAT IS THE CONTINUUM?
• It is a powerful concept, or metaphor, for
understanding the rich land tenure diversity
• It is also a LENS which helps us to see what is
actually there
• Tenure can take a variety of forms along this
continuum
… documented as well as undocumented, formal as well
as informal, for individuals as well as groups, including
pastoralists, and residents of slums and other
settlements, which may be legal or extra-legal …
GLTN BRIEFING AND PROGRAMME
FACILITATED BY:
… WHAT IS THE CONTINUUM?
• The rights do not lie on a single line, and they
may overlap
• Registered freehold should not be seen as the
preferred or ultimate form – it is one of a number
of appropriate and legitimate forms (customary,
leasehold, group tenure, others)
• The most appropriate form depends on context
(Source: Handling Land, GLTN 2012)
GLTN BRIEFING AND PROGRAMME
FACILITATED BY:
BUT IT’S COMPLICATED…
• Perceived tenure security - an individual’s or group’s
experience of their tenure situation or their estimate
probability that their land rights will not be lost
• Legal / de jure tenure security - the legal status of tenure
and its protection backed up by state authority
• De facto tenure security - the actual control of land and
residential property, regardless of the legal status in which
it is held (the length of time of occupation, its socially
accepted legitimacy, the level and cohesion of community
organization)
Source: HABITAT III, Issue Paper 9
GLTN BRIEFING AND PROGRAMME
FACILITATED BY:
GLTN BRIEFING AND PROGRAMME
FACILITATED BY:
RELIANCE ON OTHER ‘REGISTERS’
GLTN BRIEFING AND PROGRAMME
FACILITATED BY:
A POWERFUL, ALTERNATIVE APPROACH
• The continuum offers a powerful and practical
alternative approach to the dominant focus on
titling of individually held private property as the
ultimate form of tenure security, or the end goal of
land tenure reforms
• It recognises that there are a number of tenure
forms that are appropriate, robust, effective,
legitimate – it builds on what is there…
GLTN BRIEFING AND PROGRAMME
FACILITATED BY:
• It promotes increase of security across the
continuum, with opportunity for movement
between tenure forms
• The concept and approach are now widely
accepted, as part of a global shift in
understanding of land tenure
FACILITATED BY:
THANK YOU!

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Perception of Tenure Security: The Continuum of Land Rights Perspective

  • 1. FACILITATED BY: Perception of Tenure Security: Continuum of Land Rights Perspective John Gitau 19 June 2017
  • 2. GLTN BRIEFING AND PROGRAMME FACILITATED BY: WHAT IS THE CONTINUUM? • It is a powerful concept, or metaphor, for understanding the rich land tenure diversity • It is also a LENS which helps us to see what is actually there • Tenure can take a variety of forms along this continuum … documented as well as undocumented, formal as well as informal, for individuals as well as groups, including pastoralists, and residents of slums and other settlements, which may be legal or extra-legal …
  • 3. GLTN BRIEFING AND PROGRAMME FACILITATED BY: … WHAT IS THE CONTINUUM? • The rights do not lie on a single line, and they may overlap • Registered freehold should not be seen as the preferred or ultimate form – it is one of a number of appropriate and legitimate forms (customary, leasehold, group tenure, others) • The most appropriate form depends on context (Source: Handling Land, GLTN 2012)
  • 4. GLTN BRIEFING AND PROGRAMME FACILITATED BY: BUT IT’S COMPLICATED… • Perceived tenure security - an individual’s or group’s experience of their tenure situation or their estimate probability that their land rights will not be lost • Legal / de jure tenure security - the legal status of tenure and its protection backed up by state authority • De facto tenure security - the actual control of land and residential property, regardless of the legal status in which it is held (the length of time of occupation, its socially accepted legitimacy, the level and cohesion of community organization) Source: HABITAT III, Issue Paper 9
  • 5.
  • 6. GLTN BRIEFING AND PROGRAMME FACILITATED BY:
  • 7. GLTN BRIEFING AND PROGRAMME FACILITATED BY: RELIANCE ON OTHER ‘REGISTERS’
  • 8. GLTN BRIEFING AND PROGRAMME FACILITATED BY: A POWERFUL, ALTERNATIVE APPROACH • The continuum offers a powerful and practical alternative approach to the dominant focus on titling of individually held private property as the ultimate form of tenure security, or the end goal of land tenure reforms • It recognises that there are a number of tenure forms that are appropriate, robust, effective, legitimate – it builds on what is there…
  • 9. GLTN BRIEFING AND PROGRAMME FACILITATED BY: • It promotes increase of security across the continuum, with opportunity for movement between tenure forms • The concept and approach are now widely accepted, as part of a global shift in understanding of land tenure